A plan of the proposed road shall be prepared by a professional engineer or qualified land surveyor 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 location, widths, profiles and grades of proposed roadways, storm drainage, including culverts and other drainage structures, and the location of easements and utilities. Where the proposed road is part of a subdivision to be approved by the Village Planning Board, plans shall be submitted to the Village Superintendent of Highways and the Village Engineer and Planning Board for review and approval under the applicable subdivision regulations of the Village. When the proposed road is not part of a subdivision requiring Planning Board approval, submittals shall be made to the Village Engineer and Superintendent of Highways only. Such plans so submitted shall not be altered or amended after having been approved unless amended plans are resubmitted and approved as provided above. However, the developer shall, at his own expense, provide additional storm drainage facilities as may be ordered by the Village Superintendent of Highways or the Village Engineer if during the progress of the work, in the opinion of the Village Superintendent of Highways or the Village Engineer, such additional structures or facilities are necessary to assure the durability of pavement, the future maintenance of the right-of-way or the welfare or safety of the public.
Prior to the approval of a subdivision by the Planning Board or the commencement of the construction of any road, the developer shall deposit with the Village a performance bond of acceptable surety or shall deposit with the Village acceptable negotiable government bonds, cash, certified check or letter of credit drawn upon a national or state bank payable on demand to the Village guaranteeing that:
Within one year, the developer will complete the construction of all required improvements within the right-of-way in accordance with the approved plans, Village Road Specifications and, where applicable, the Village Subdivision Regulations.
Upon certification by the developer's professional engineer or licensed land surveyor and by the Village Superintendent of Highways and Village Engineer that the construction of the road has been completed in accordance with the approved plans and specifications, the developer will dedicate the completed road to the Village for use as a public 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. The performance bond amount shall be based on 100% of the total amount of the estimated costs to complete the road as established by the Village Engineer. These costs shall be based on the construction of the road by the Village through bid contract, beginning 18 months following the date of approval of the plans of the proposed road.
There shall be no reduction in the amount of the performance bond during or prior to actual deposit thereof with the Village regardless of work which may have been completed prior to or during such deposit.
Prior to the commencement of construction of the road for which plans were approved, a field conference shall be held at the construction site among the developer, developer's contractor and/or subcontractors that will be constructing the road and the Village Engineer and Superintendent of Highways in order to review the project and to clarify any matters which may be unclear to the parties involved. Construction shall not be commenced until such time as the conference has been held.
The developer shall afford the Village Superintendent of Highways and the Village Engineer the opportunity to inspect the work in order to assure that compliance with the minimum specifications as set forth herein is being maintained.
Such inspections shall occur at the following stages of construction, and the developer shall provide the Village Superintendent of Highways and the Village Engineer at least two days' notice of such expected completions and shall not proceed to the next order of work until the Village Superintendent of Highways and the Village Engineer have approved the work inspected:
Upon completion of the subgrade.
Upon completion of the foundation course, at which time the developer shall furnish the Village Superintendent with men and equipment to dig, or have dug, test holes to establish and confirm the depth and quality of the foundation course.
Upon beginning of paving operations.
Representatives of the Village shall be given access to the work at all times in order that the work may be inspected as it progresses.
Upon completion of the road and associated public improvements, the Superintendent of Highways and Village Engineer shall perform a final inspection of the project along with the developer and the developer's contractor and subcontractors. Items found not acceptable at the time of inspection shall be remedied and a reinspection conducted thereafter.
It is expected and it is understood that the developer shall maintain the road giving access to any houses in such condition that the residents shall have safe, convenient access. The minimum conditions for such access are:
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.
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 good material. Immediate shall be considered to be 24 hours from the time of oral or written notification by the Village Superintendent of Highways 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. Potholing 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).
Documents to be submitted by developer. The developer shall submit five copies of the following items to the Village Engineer in order to commence the road dedication procedure:
Certification by engineer a written certification from the developer's professional engineer or qualified licensed land surveyor stating clearly that he or his authorized representative has inspected all phases of the road construction and that all work has been completed in accordance with the approved plans and these specifications.
Continuation bond: a bond of acceptable surety or acceptable negotiable government bonds, cash or letter of credit or certified check drawn upon a national or state bank payable on the date of acceptance of the dedication of the road by the Village guaranteeing that the developer will reconstruct the road to the standard of construction set by the specifications under which the plans for the road were originally approved, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his own expense, repair and make good any defects or damage which may develop during this continuation period as a result of faulty construction within the right-of-way or as a result of other construction by the developer of the right-of-way. The Superintendent of Highways and the Village Engineer shall be the sole judges of the extent to which such repairs or reconstruction shall be required. During the continuation period, the Village shall be responsible for snow and ice control, road cleaning, cleaning of culverts and catch basins and other work of a similar routine nature, provided that the necessity for such work has in no way been caused by the developer's operations. The amount of the continuation bond shall be equal to at least 20% of the performance bond estimate.
Insurance: a certificate from his insurance carrier as evidence that he has taken out for the same period of time as the continuation bond an insurance policy in the amounts of $500,000/$1,000,000 for public liability and $100,000 for property damage naming as the insured the Village Board and/or the Village Highway Department and/or the Village Superintendent of Highways. The purpose of this requirement for insurance is to protect and defend the Village against any claims which may arise because of the operations of the developer or of possible defects in work performed by him.
Deeds: deeds of conveyance for the right-of-way easements and improvements for the road to be dedicated, which have been properly executed and notarized.
Monument location map: a map prepared, stamped and signed by a land surveyor licensed to practice in the State of New York on which the location of all monuments required by the Village Engineer is indicated as being set in the field, along with a certification of the same.
Letter of acceptance from Superintendent of Highways: a letter from the Village Superintendent of Highways stating that the road and associated improvements to be dedicated to the Village are acceptable to him.
Action on documents submitted. The Village Engineer shall review the documents submitted for completion and shall forward four copies thereof to the Village Attorney for review, along with a letter of recommendation to the Village Board with respect to acceptance of the road under consideration. The Village Attorney shall review the transmittal with respect to form and shall present the documents to the Village Board at its next regular meeting for formal acceptance of the road.
Release of performance bond. Subsequent to the acceptance of the dedication of the road and after receipt of the continuation bond and evidence of insurance, the Village Board shall release the performance bond.
It is intended by these Road Specifications to have good and substantial roads constructed by the developer. To assure the fulfillment of these requirements, the developer shall guarantee his roads and the appurtenant road structures, such as storm drains, manholes, inlet basins, paved gutters, etc., against structural failure for one year from the date of final acceptance by the Village Board. If such failure should occur under conditions of normal use for which the area was intended, the developer shall repair the damage to equivalent of original or better condition. These repairs shall be made by order of the Superintendent of Highways, oral or written, and under his direction and completed to his satisfaction. Repairs shall be made, or satisfactory arrangements made to make said repairs, within 48 hours upon such order.
This guaranty is understood as part of these specifications and shall include, but not necessarily be limited to, the following items:
Deterioration of the pavement, such as alligator cracks, chuckholes, bleeding, edge breaking, depressions, etc.
Deterioration of gutters, such as erosion, frost heave, cracking, edge breaking, etc.
Failure of the storm sewer, such as pipe breaks, grate breaks, stoppages due to accumulation of debris from construction, settlement, etc.
The Village Superintendent of Highways and Village Engineer shall inspect the road prior to the expiration of the continuation bond. Defects found shall be remedied in accordance with § A125-10 hereinabove, after which a recommendation for release of the continuation bond and insurance will be forwarded to the Village Board for final release thereof.