The subdivider is required to furnish surety
bonds as a guaranty to the Town of Brookhaven that he will faithfully
construct or cause to be constructed the required public improvements
and as a guaranty of materials and workmanship for a period of one
year after acceptance by the Town of Brookhaven.
A.
The performance bond guarantees to the Town of Brookhaven
the faithful performance of constructing the required public improvements
as approved with the final plat.
B.
After the approval of the final plat and the performance
bond by the Planning Board, the subdivider shall submit to the Planning
Board a properly executed performance bond or certified check, together
with the inspection fee of 4% of the bond amount, for review and final
approval by the Town Board.
C.
The performance bond shall run for a period of one
year; however, the Planning Board can act to extend the term of the
bond in appropriate cases where such action would not be contrary
to the intent of this regulation.
D.
After completing the construction of the public improvements
covered by the performance bond and prior to the termination of the
bond period, the subdivider's engineer shall amend the linens of the
approved plan for street grades and drainage and indicate on these
plans "AS CONSTRUCTED" along with the following certification signed
by the engineer and placed on the plan:
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I hereby certify that this plan shows locations,
profiles and elevations of roads, curbs, sidewalks, drainage and other
structures as actually constructed and that the information shown
thereon was obtained from a survey made on
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Date
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Signature
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License No.
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E.
These revised plans shall be submitted to the Planning
Board with a letter requesting the release of the performance bond.
F.
The Planning Board will recommend to the Town Board the release of the performance bond upon the satisfactory completion of all work covered in the bond and the furnishing of as-built plans, mentioned in Subsection D, together with the properly executed instruments of dedication as hereinbefore provided and with a certificate of title showing freedom from all liens and encumbrances, including unpaid taxes, for all streets improved under the terms of the performance bond. After the Town Board and the Highway Department have approved the improvements for acceptance and approved release of the performance bond, the subdivider will be required to furnish a one-year maintenance bond to be approved simultaneously with the release of the performance bond.
A.
The maintenance bond guarantees to the Town of Brookhaven
the workmanship and materials for all public improvements constructed
under the terms of the performance bond for a period of one year from
the date of acceptance.
B.
During the one-year period of the maintenance bond,
the subdivider will be responsible for the repair or replacement of
all defective construction work, materials, trees and landscaping.
