A. 
It shall be the responsibility of the design professionals selected by the applicant to prepare the final subdivision plans to assure that the plans are complete. Each of the design professionals shall be available to answer questions and resolve construction problems as the project's construction progresses.
B. 
All road pavement shall be tested and monitored by the design professional selected by the applicant. The testing shall take place in accordance with the current certification and construction oversight requirements of the Town of Somers. The applicant shall be responsible for the costs for these services.
C. 
When the project is complete, each design professional shall certify that the project was constructed in accordance with the approved plans and the Town road specifications. This shall mean, without limitation, that horizontal and vertical alignment of all improvements is certified as built, and that specifications as to material type, gravel and bituminous compaction, concrete strength and material thickness have all been met according to the Town road specifications, as certified by a professional engineer. The Commission shall not recommend the approval and acceptance by the Town of any project lacking these certifications.
[Amended 9-30-1999; 1-1-2026]
Prior to the commencement of construction of any subdivision improvements, the developer shall provide the Commission with a schedule showing the specific work to be accomplished in each phase of construction and the date upon which such work is expected to begin for each phase. Modified schedules shall be provided as necessary.
A. 
The developer shall designate a natural person to be responsible for all work to be accomplished in each phase. The natural person so designated shall provide the Commission with one or more telephone numbers at which (s)he or his or her authorized representative can be reached at all times during construction, including times of inactivity, such as evening hours and holidays.
B. 
Construction of all site improvements may be observed by the Commission or its authorized representatives to ensure satisfactory completion.
C. 
In addition to providing the written schedule, the developer shall notify the Town at least two business days prior to commencing each phase.
D. 
The developer, his/her contractor and all subcontractors shall meet with the Commission's authorized representatives to go over job conditions, Town road specifications and the certification and construction oversight prior to starting a project. The contractor and all subcontractors shall understand and have in their possession those specifications. It is the developer's responsibility to see that all work is performed properly. The Commission may require removal of improper installations or other corrective measures if the specifications or other conditions are not met. The developer shall be responsible and liable for all job conditions. The Commission and its authorized representatives may visit the site to observe construction activities and conditions but shall incur no liability for themselves individually, for the Planning & Zoning Commission or for the Town of Somers. While any Commission member or authorized representative of the Commission is on the site, the applicant, his representative(s), agent(s) and/or contractor(s) shall be solely liable for the safety and well-being of that person or those persons.
E. 
The developer shall not install the final course of pavement until the binder course of pavement has been exposed for one winter season.
A final site observation of all improvements and utilities will be made by the Commission or its authorized representative to determine whether the work is satisfactory and in substantial agreement with the approved final drawings and the Town specifications. The general conditions of the site shall also be considered. Upon a satisfactory final report, action will be taken to release the performance bond covering such improvements and utilities.
Except as otherwise allowed by statute, all work in connection with any approved subdivision shall be completed within five years after such approval. The Commission's endorsement of approval on the plan shall state the date on which such five-year (or other statutory) period expires. For purposes of this section, "work" shall mean all physical improvements required by the approved plan, other than the staking out of lots, and includes, but is not limited to, the construction of roads, storm drainage facilities and water and sewer lines, the setting aside of open space and recreation areas, installation of telephone and electric services, planting of trees or other landscaping and installation of retaining walls or other structures.