This is a law regulating the dedication of any road or drainage facilities
in connection therewith in the Town of Forestburgh, Sullivan County, New York.
It may be referred to as the "Town of Forestburgh Road Law."
It is the purpose of this Part 2 to establish minimum acceptable standards
of road design and construction, including widths, development of right-of-way,
paved roadway, storm drainage and other utilities for new roads and for roads
to be dedicated to the Town of Forestburgh. Dedication of the right-of-way
shall not be accepted until the applicants' licensed professional engineer
and the Town representative shall have certified to the Town
Board that the development of the roads has been completed in accordance with
the approved plans which shall conform to the following specifications.
As used in this Part 2, the following terms shall have the meanings
indicated:
After the roadway is completed, eight copies of the map showing the
elevations of the road as built, inverts of all drainage structures as installed
and the location of monuments marking all underground utilities as actually
installed shall be furnished to the Town Board prior to the release of the
performance bond.
Before the Town Board accepts dedication of land for highway purposes,
the applicant shall follow the procedures set forth in either Subsection A
or B below:
A. In an amount set by the Town Board, the applicant shall
either file with the Town Clerk a certified check to cover the full cost of
any required improvements, or the applicant shall file with the Town Clerk
a performance bond to cover the full cost of the required improvements. Any
such bond shall be satisfactory to the Town Board and Town Attorney as to
form, sufficiency, manner of execution and surety. The performance bond shall
run for a term fixed by the Town Board, but in no case for a period longer
than two years.
B. The applicant shall complete all required improvements
to the satisfaction of the representative of the Town designated by the Town
Board, who shall file with the Town Board a letter signifying the satisfactory
completion of all improvements required by these regulations. For any required
improvements not so completed, the applicant shall file with the Town Clerk
a bond or certified check covering the cost of such improvements and the cost
of satisfactorily installing any improvements not approved by the Town representative.
Any such bond shall be satisfactory to the Town Board and Town Attorney as
to form, sufficiency, manner of execution and surety.
C. The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town representative and a map satisfactory to the Town representative has been submitted as required in §
144-18 hereof. If the applicant completes all required improvements according to Subsection
B, then said map shall be submitted prior to an acceptance of said land for highway purposes by the Town Board. However, if the applicant elects to provide a bond or certified check for all required improvements as specified in Subsection
A, such bond shall not be released until such a map is submitted.
D. The aforementioned bond shall guarantee to the Town Board
that:
(1) Within two years of the approval of the application,
the applicant shall complete all construction within the right-of-way or make
such additional improvements as shall be required in accordance with approved
plans and specifications.
(2) The applicant shall pay the full cost of such construction
and shall deliver to the Town Board releases from all contractors participating
in the construction or improvement of the completed right-of-way.
(3) The applicant shall, upon completion of said right-of-way
to the satisfaction of the Town Board, dedicate such completed right-of-way
or easement to the Town for public use, free and clear of all liens and encumbrances.
E. Inspection of improvements. At least five days prior
to commencing construction of required improvements, the applicant shall notify
the Town representative in writing of the time when he proposes to commence
construction of such improvements, so that the Town representative may cause
inspection to be made to assure that all Town specifications and requirements
shall be met during the construction of required improvements and to assure
the satisfactory completion of improvements and utilities required by these
regulations.
F. Proper installation of improvements. If the Town representative
shall find, upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements have not
been constructed in accordance with the plans and specifications filed by
the applicant, he shall so report to the Town Board. The Town Board then shall
notify the applicant and, if necessary, the bonding company and take all necessary
steps to preserve the Town's rights under the bond.
G. Failure to complete improvements during term of security.
In the event that any required improvements have not been installed as provided
in these regulations within the term of such performance bond, the Town Board
may thereupon declare said performance bond to be in default and collect the
sum remaining payable thereunder, and upon receipt of the proceeds thereof,
the Town Board shall install such improvements as are covered by such performance
bond but not exceeding in cost the amount of such proceeds.
H. Maintenance bond. Where the Town Board has agreed to
accept any land dedicated for highway purposes, the applicant may be required
to file with the Town Board a bond in an amount to be determined by the Town
Board to be sufficient to assure the satisfactory condition of the initial
improvements for a period of one year following their completion and subsequent
acceptance by the Town Board. Such bond shall be satisfactory to the Town
Attorney and Town Board as to form, manner of execution, sufficiency and surety.
The invalidity of any provision of this Part
2 shall not invalidate any other part.