[Amended 4-27-2005 by L.L. No. 2-2005; 3-28-2012 by L.L. No.
4-2012]
It is the purpose of these specifications to establish minimum
acceptable standards for street construction and related public improvements
for subdivision or other private land development in the Town of LaGrange,
including but not limited to width, design, drainage, construction
of base and pavement, curbs and sidewalks, monuments and signs. In
the event the Town Board exercises its discretion to accept dedication
upon completion of improvements, dedication of the right-of-way and
related land development public improvements or infrastructure, including
but not limited to stormwater management, utilities infrastructure,
and street landscaping, will not be accepted until the developer's
professional engineer, the Town Superintendent of Highways, and the
Town Engineer shall have certified to the Town Board in writing that
the construction of the street or streets and related public improvements
have been completed in accordance with the plans and the specifications
approved by the Town. If the Town Board elects to accept dedication
upon completion of improvements, marketable and unencumbered fee title
to such roadway and marketable and unencumbered fee title or easements
to related public improvements at the Town's option must be granted
to the Town by a full covenant and warranty instrument(s) containing
the correct metes and bounds description, and must be in such form
as may be required to entitle the same to be recorded in the office
of the County Clerk of Dutchess County. Title examination, title insurance
premiums, and all filing fees must be paid by the grantor(s). The
form and content of all instruments of conveyance are subject to approval
by the attorney for the Town.
[Amended 3-28-2012 by L.L. No. 4-2012]
In his written certification, as required above, the developer's professional engineer shall state clearly that he or his authorized representative has inspected all phases of the street construction and of related public improvements, and that all work has been completed in accordance with the approved land development plans and the specifications set forth in this chapter. Suitable as-built drawings shall be prepared by the developer's engineer and submitted to the Town. (Refer to § 199-48).
[Amended 3-28-2012 by L.L. No. 4-2012]
A plan of the proposed street shall be prepared by a qualified
engineer properly licensed by the State of New York. The plan shall
clearly define the limits of the proposed right-of-way and shall include
the locations, widths, profiles and grades of proposed roadways, storm
drainage, including culverts and other drainage structures, and the
location of easements and utilities. The plan shall first be submitted
to the Town Superintendent of Highways and Town Engineer, and then
to the County Commissioner of Public Works when any street drains
toward or may otherwise affect a county highway, and then to the Town
Planning Board for review and approval under the applicable subdivision
regulations of the Town.[1] Such plans so submitted shall not be altered or amended
after having been approved by the Planning Board unless amended plans
are resubmitted and approved as above. However, the developer shall,
at his own expense, provide additional storm drainage facilities as
may be ordered by the Town Superintendent of Highways if during the
progress of the work, in the opinion of the Town Superintendent of
Highways, the Town Engineer, and the Commissioner of Public Works
(if applicable), such additional structures or facilities are necessary
to assure the durability of pavement, the future maintenance of right-of-way
or the welfare or safety of the public. If construction has not been
started within two years from the date of final approval by the Town
Planning Board, plans shall be resubmitted and approved as shown.
[Amended 3-28-2012 by L.L. No. 4-2012]
A.
Two-party performance bond.
(1)
Prior to the start of construction of any street and related public
improvements, and as a condition of any subdivision approval, the
developer as obligor shall deposit with the Town as obligee a performance
bond with security acceptable to the Town Board, as to form, sufficiency
and manner of execution, guaranteeing:
(a)
That within one year of acceptance of the performance bond,
or such other time period as determined by the Town Board, not to
exceed an initial period of three years, the developer will complete
the construction of all improvements within the right-of-way, and
related public improvements, in accordance with the approved plans
and these specifications.
(b)
That, upon certification by the developer's professional engineer or licensed land surveyor, by the Town Superintendent of Highways, and by the Town Engineer, that the construction of the street(s) and related public improvements have been completed in accordance with the approved plans and specifications the developer will dedicate, in the event that the Town Board will accept dedication, the completed street(s) and related public improvements, free and clear of all liens and encumbrances, to the Town for public use in accordance with the procedure for acceptance of new Town highways in § 199-51 of the Town Code of the Town of LaGrange, including, but not limited to, the deposit of a maintenance bond and supporting security and any and all other requirements of dedication reasonably established by the Town Board. This guaranty of dedication to the Town, should the Town Board elect to accept dedication after completion of the improvements, shall apply to the owner of the property as well as the developer where the two are not synonymous, and those parties shall jointly execute the performance bond and all related documents.
(2)
As security for a two-party performance bond, the Town Board will
require the developer to provide a letter of credit payable on sight
to the Town from a banking institution, acceptable to the Town Board
as to source, form, sufficiency, and manner of execution; in its sole
discretion, the Town Board may accept cash, or a certified check drawn
on a national or state bank, payable to the Town upon default under
the performance bond. The minimum or base amount of the performance
bond, which shall also form the basis for application of an additional
charge multiplier of 50% unless waived or reduced by the Town Board,
shall be determined by applying to the quantities or dimensions shown
on the approved plans therefor the rates per unit as established by
the schedule of rates produced at Figure 1 at the end of this chapter.
B.
Three-party (surety) performance bonds. The Town Board shall be empowered to accept performance bonds issued by a surety to the Town as beneficiary and to the developer as bond principal for the purposes and in the amount identified in Subsection A of this section less the sum of $20,000 or 5% of the amount to be bonded, whichever is greater. Surety performance bonds must be satisfactory to the Town as to form, sufficiency, manner of execution, and identity of surety. The sum of $20,000 or 5% of the amount to be given as performance security, whichever is greater, shall be provided, with a two-party performance bond in that amount to the Town, in the form of cash, certified check or letter of credit acceptable to the Town to complete the providing of full performance security. The cash or letter of credit security shall be applied first to address default. At the Town's discretion, the monies realized by the Town from application of the letter of credit, certified check or cash security may be used by the Town to defray the actual and reasonable legal fees, and other consultant costs, incurred by the Town for matters arising out of the developer default, including but not limited to disputes or litigation with the surety for failure by the surety to perform obligations under the surety bond.
C.
Upon certification by the developer's professional engineer or licensed
land surveyor, by the Town Superintendent of Highways, and by the
Town Engineer that a significant portion (a minimum of 25%) of the
public improvements have been completed in accordance with the approved
plans and specifications, the developer may request a reduction in
the amount of the performance bond. A maximum of two reductions will
be permitted, and the amount of the reduction shall be determined
by applying to the quantities or dimensions completed by the rates
per unit as established in the schedule of rates shown in Figure 1[1] plus the 50% multiplier, if required. At no time shall
the amount of the required performance bond held be less than 25%
of the original bond estimate. In the event that performance is secured
by a surety bond, the amount of the surety bond shall be reduced rather
than the partial security provided by cash, certified check, or letter
of credit established at the time the surety bond was provided.
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
Also prior to acceptance by the Town of the
dedication of the street, the developer shall file with the Town Clerk
evidence that he has taken out for the same period of time as the
maintenance bond an insurance policy in the amounts of at least $1,000,000
per person and $2,000,000 per occurrence for personal injury and $500,000
per occurrence for property damage, naming as additional insured the
Town of LaGrange. The purpose of this requirement for insurance is
to defend and indemnify the Town against any claims which may arise
because of the operation of the developer or of possible defects in
work performed by him. Subsequent to the acceptance of the dedication
of the street and after receipt of the maintenance bond and evidence
of insurance by the Town, the Town Board shall release the performance
bond.
A.
The Town Planning Board shall determine and designate
into which of the three following classification each proposed subdivision
street falls, on the basis of one or more of the criteria hereinafter
set forth:
B.
Final plans shall be drawn to show and the developer
shall construct each street in accordance with the particular specifications
for its designated classification as hereinafter set forth, as well
as in accordance with the specifications common to all classifications.
A.
Major or through streets (Figure 2).[1]
(1)
The proposed street is the direct and logical continuation
of a street that carried 500 or more cars during a twelve-hour period
as shown by the latest traffic count.
(2)
The proposed street creates a shorter and more convenient
through-traffic artery so that it can be reasonably expected that
traffic will be diverted from other major streets to such an extent
that two years after opening, it will carry at least 500 cars in 12
hours.
(3)
The proposed street could logically be expected to
become a major street because of future construction or other foreseeable
circumstances.
[1]
Editor's Note: Said figure is included at the end of this chapter.
B.
Commercial or industrial streets (Figure 3).[2]
(1)
The proposed street is in an area zoned for commerce
or industry.
(2)
The proposed street is on or so close to the dividing
line between a residential and a commercial or industrial area that
it may reasonably be expected to carry a substantial volume of commercial
or industrial traffic.
(3)
The proposed street creates a shorter and more convenient
route between a commercial or industrial area and a major traffic
artery.
(4)
The proposed street for any other reason may be expected
to carry a substantial volume of commercial or industrial traffic.
[2]
Editor's Note: Said figure is included at the end of this chapter.
C.
Rural or suburban-type streets (Figure 4).[3]
[Amended 3-14-2001 by L.L. No. 4-2001]
(1)
The proposed street shall not be or be reasonably
expected to become a through commercial or industrial street.
(2)
The proposed street shall be a dead-end, loop or other
minor street within a development.
(3)
The proposed street is not or cannot reasonably be
expected to become a continuation or extension of a street of one
of the two above-described classifications. Should such be the case,
the proposed street shall take the classification of the street of
which it is a continuation or extension.
(4)
The proposed street will not or cannot be reasonably
be expected to carry a substantial volume of traffic.[4]
[4]
Editor's Note: Original § 199-11D,
Conservation Zone - Rural Road (Figure 4B), which immediately followed
this subsection, was repealed 3-14-2001 by L.L. No. 4-2001. Said local
law also provided for the deletion of Figure 4B from the diagrams
included at the end of this chapter.
[3]
Editor's Note: Said figure is included at the end of this chapter.
[Amended 3-14-2001 by L.L. No. 4-2001]
Figures 2, 3, and 4 appearing at the end of
this chapter illustrate cross sections of each of the three classifications
of construction details which are applicable to a particular classification.
Figure 5 is a comparative summary sheet which lists the major items
of construction for all types of streets and may be useful as a check
list of requirements. Thereafter are set forth the general and more
detailed specifications for design and construction applicable to
all streets. The developer shall design and construct streets which
shall conform to both the specific and the general specifications.
No building permits shall be issued for property
abutting roads covered by these specifications prior to the developer's
completing the following items, which shall meet the approval of the
Town Superintendent of Highways:
