A.
Plans including profiles and construction details of the proposed highways shall be prepared by a qualified professional engineer properly licensed by the State of New York. The plans shall clearly define the limits of the proposed right-of-way and shall include the location, widths, profiles and grades of proposed roadways, typical road sections, storm drainage, including culverts and other drainage structures, and the location of easements and utilities. Plans shall first be submitted to the Town Planner for review and approval under the applicable subdivision regulations of the Town. When any proposed highway drains toward or may otherwise affect a county or state highway, plans shall be submitted to the County Commissioner of Public Works or New York State Department of Transportation for its review and comments. Such plans so submitted shall not be altered, modified or amended after having been approved by the Planning Board unless revised plans are resubmitted and approved by all proper authorities. If construction has not been started within one year from the date of final approval by the Town Planning Board, plans shall be resubmitted and approved as above.
B.
Security; performance bond.
(1)
Prior to the start of construction of any approved highway, the developer shall deposit with the Town Clerk a performance bond by a bonding company licensed to do business in New York or acceptable surety or shall deposit with the chief fiscal officer of the Town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank payable at sight to the Town Board, guaranteeing that:
(a)
Within two years, the developer will complete the construction of all required improvements within the right-of-way in accordance with the approved plans and these specifications.
(b)
Upon certification by the developer's professional engineer and by the Town Superintendent of Highways that the construction of the highway has been completed in accordance with the approved plans and specifications, the developer will dedicate the highway free and clear of all liens and encumbrances. This guaranty of dedication shall apply to the owner of the property as well as the developer where the two are not synonymous.
(c)
The developer shall maintain to the satisfaction of the Town Superintendent of Highways such improvements for a period of one year from the official date of acceptance of such construction.
(2)
As guaranty for the performance of the above requirements, the developer shall deposit, as heretofore set forth, a surety bond, negotiable government bonds, cash or a certified check in the amount of 100% of the total construction cost. This amount shall be determined by the Town Superintendent of Highways. Upon certification by the Town Superintendent of Highways that the construction of the right-of-way has been completed by the developer in accordance with the plan and the Town specifications and after the Town Board has been satisfied that the stipulated guaranties have been complied with, the Town Board may release the bond, surety, cash or certified check to the developer or his or her assigns, except that the Town Board shall require a maintenance bond in the amount of 10% of the original road bond for a period of one year from the date of such official completion as guaranty that the developer shall maintain such completed right-of-way as set forth herein. At the expiration of the one-year maintenance period, the Town Board shall release such maintenance guaranty to the developer or his or her assigns, provided that prior to such final release of guaranty, the Town Board may deduct from such deposit all just charges for any maintenance, exclusive of charges for plowing of snow which the Town may have incurred for work on such right-of-way during the one-year period. The Town Superintendent of Highways will request a hold-harmless agreement for any damage done during winter maintenance operations such as sanding, salting or plowing.
C.
Insurance. The developer shall procure and maintain at his or her own expense and without expense to the Town, until final acceptance by the Town of the work covered by approved plan and specifications, insurance for damages imposed by law, of the kinds and in amounts hereafter provided, in insurance companies authorized to do such business in the state covering all operations under the approved plan and specifications, whether performed by him or her or subcontractors. Before commencing the work, the developer shall furnish to the Town a certificate or certificates of insurance in form satisfactory to the Town showing that he or she has complied with this subsection, which certificate or certificates shall provide that the policies shall not be changed or canceled until 30 days' written notice has been given to the Town. The kind and amount of insurance is as follows:
(1)
Liability and property damage insurance. Unless otherwise specifically required by special specifications, each policy shall have a combined single limit of $3,000,000.
D.
Inspection. The developer shall afford the Town Superintendent of Highways the opportunity to inspect the work in order that he or she, the Superintendent, may assure himself or herself that these minimum specifications are being complied with. Such inspections shall occur at the following listed places in order of construction, and the developer shall give the Superintendent at least two days' notice, in writing, of such expected completions and shall not proceed to the next order of work until the Superintendent or his or her agent has approved the work inspected:
(1)
Upon completion of the subgrade.
(2)
Upon completion of the foundation course, at which time the developer shall furnish the Superintendent with men and equipment to dig or have dug test holes to establish and confirm the depth and quality of the foundation course.
(3)
The Superintendent or his or her representatives shall be given access to the work at all times in order that he or she may inspect the work as it progresses.
E.
Maintenance during development construction prior to final acceptance. It is expected and it is understood that as part of conditions of approval of the subdivision, the developer shall agree to maintain the roads giving access to the houses in such condition that the residents shall have safe, convenient access. The minimum conditions for such access are listed below:
(1)
Paved surface.
(a)
The edges of the road (i.e., the gutter line) shall be kept free and clear of debris, stone, gravel or any material which prevents the free flow of water. Driveways shall be so constructed that the flow line remains clear.
(b)
The surface pavement shall be maintained on a continuing basis. Soft spots or other structural defects shall be repaired immediately by excavation and replacement with approved material. "Immediate" shall be considered to be 24 hours from the time of oral or written notification by the Superintendent to the developer, unless arrangements are made, satisfactory to the Superintendent, to protect the traveling public by lights and barricades until such time as repairs can be made. Potholes and edge raveling shall be remedied on a continuing basis or as ordered by the Superintendent. Repairs shall be made with asphalt concrete (hot mix when available).
(c)
Permits. No certificate of occupancy shall be issued unless the three-inch asphalt concrete base course has been completed back to the nearest paved road.
(d)
All lots must have preliminary plot plans furnished to the Building Inspector, indicating house location and drainage flow patterns with elevations relative to road surface before building permit can be issued.
(2)
The storm sewer system shall be kept clean and operational.
F.
Before a certificate of occupancy is issued, a final plot plan must be furnished to the Building Inspector for his or her review. A certified plat plan may be required and must include the stamp and signature of a licensed professional engineer or land surveyor where deemed necessary by the Building Inspector.
G.
Dedication. Conditions to be satisfied before the Town Board considers the acceptance of a new highway:
(1)
A set of as-built plans of the highway, showing right-of-way lines, drainage and water and sewer easements where installed by the developer, and a road center-line profile must be submitted to the Town Engineer and Highway Superintendent. These plans must bear the stamps of a licensed professional engineer.
(2)
Metes and bounds description of all rights-of-way and easements prepared by a licensed land surveyor must be submitted to the Town Clerk.
(3)
The plans and descriptions must be reviewed by the Town Engineer and Highway Superintendent, who shall indicate their approval either by letter to the Town Board or by the stamping of said plans and descriptions. This shall be done within five working days.
(4)
The submitted deeds must be checked by the Town Attorney as to form and sufficiency. A title insurance policy may be substituted in lieu of a title search if approved by the Town Attorney.
(5)
The work completed on the highways at the date of submittal must be approved by the Town Highway Superintendent, and the Town Board shall be notified of this approval.
(6)
Approved permanent concrete or granite monuments shall be set according to the Town highway specifications or as directed by the Town Engineer, and their locations shall be shown on the road plan. A copper rod embedded in concrete shall also be acceptable as a permanent monument. These monuments must be physically shown to the Highway Superintendent and/or Engineer if requested within two weeks after their installation.