Prior to the commencement of construction, the
developer shall file with the Commission a detailed estimate of the
cost of streets, public improvements, drainage structures, water and
sewer mains, other utilities, soil and erosion control, lot grading
and any other special site or off-site construction or improvements
required as a part of the development's approval by the Commission,
together with maps, plans and supporting data. In addition to the
cost estimated by the developer and approved by the Commission, a
twenty-percent contingency shall be added to the cost estimates to
arrive at the bond amount.
A. The developer shall then provide the following:
(1) A surety company bond, irrevocable letter of credit
or passbook, in a sum and form satisfactory to the Commission, conditioned
upon the completion of all work within five years of the date of the
approval of the recorded subdivision plan or as otherwise provided
by statute.
(2) Power of Attorney of the person signing on behalf
of the surety must be attached to the bond if not already on file
with the Commission. If the person acting as attorney for the surety
company is not a licensed resident agent of the State of Connecticut,
then the bond shall be countersigned by a licensed Connecticut resident
agent of the company. The signatures of two witnesses are required
on the bond. If the subdivision sponsor is a corporation, then the
corporate seal must be shown in addition to the seal of the bonding
company. The bond must show the bond number and the name of the bonding
company's local agent.
B. Extensions. The Commission will consider an application
for extension of time to complete improvements and the term of the
performance bond when good cause for the extension is shown.
C. Reductions. The initial amount of the bond shall be
no less than $10,000. Reductions in the amount of the original bond
may be considered by the Commission for work completed; however, the
reduction shall not exceed 70% of the original amount, nor reduce
the amount of the bond below $10,000.
D. Release. An application for release of the performance
bond, upon completion of the required work, must include a warranty
deed(s) conveying any interests in the land that are to be acquired
by the Town. Such deed(s) must be approved by Town Counsel and must
be accompanied by appropriate certificates of title. The application
must also include as-built drawings of a plan and profile, showing
location, dimensions, elevations, profiles, etc., of all improvements,
including monuments as they exist, utilities, community wells, etc.
The as-built drawings must be certified by a surveyor licensed in
the State of Connecticut. A silver emulsion polyester fixed-line film
and three paper prints of the as-built plans shall be filed with the
Commission, along with a written certification by the surveyor that
the iron pins and monuments have been accurately set to Class A-2
standards. A registered engineer shall certify that the project was
constructed according to the Town of Somers specifications, including
any special conditions of construction on site or off site required
by the Commission as part of the subdivision approval.
[Amended 9-30-1999]
The applicant shall be required to file a maintenance bond with the Town prior to dedication in order to assure the satisfactory condition of the required improvements for a period of 18 months after the date of acceptance by the Town. The maintenance bond shall be in an amount equal to 25% of the actual cost of improvements and shall be of such form as described in §
213-54 for performance bonds. The cost of improvements shall be the actual cost as approved by the Town Engineer as of the date of the request for road acceptance.