A.
The purpose of these specifications is to provide minimum criteria for the design and construction of improvements within the Town, which, upon the satisfactory completion thereof, may be offered for dedication to the Town of Bergen for perpetual operation and maintenance. The information contained in Chapter 437, Subdivision of Land, is to be used in conjunction with Article II, Design Criteria, of this chapter.
B.
The criteria established are intended to provide minimum
standards, which may be upgraded to serve the best interests of the
Town. The information in this chapter is provided to aid in the submission
of material in a uniform manner and attempt to expedite the various
review and approval procedures.
C.
This criteria shall govern in all areas of private,
public, industrial and commercial development and/or areas that will
involve the connections to existing municipal systems in the Town.
A.
It is the responsibility of the developer to ensure
preparation of plans sufficient to meet the standards and requirements
herein incorporated. Said plans shall be prepared by a professional,
licensed in the State of New York, who shall have experience in design
of land development.
B.
It is the responsibility of the developer to comply
with the requirements of the SPDES general permit, including but not
limited to the preparation of a stormwater pollution prevention plan
by a licensed professional, the filing of a notice of intent (NOI)
with NYSDEC and the Town of Bergen, the certification and inspection
of erosion and sediment controls during construction, and the filing
of a notice of termination (NOT) with NYSDEC and the Town of Bergen
when the site is finally stabilized and coverage under the general
permit is terminated.
C.
The Town and/or its representatives shall review the
proposed plans as to their compliance with the standards and conditions
encountered while meeting the best interests of the Town.
D.
It is the responsibility of the contractor, acting
for the developer, to construct the facilities in conformance with
the approved plans and the Town standards.
E.
Construction observation shall be provided by the
Town or its designated representative to review construction as it
is being performed.
F.
The final results of the project remain the prime
responsibility of the developer and until the development is satisfactorily
approved by the Town and/or its representatives, said development
shall not be accepted.
A.
Before any construction begins on a subdivision or
facilities to be dedicated to the Town, a preconstruction meeting
must be held with the Town Engineer, Town Zoning Enforcement Officer,
and Town Highway Superintendent to address the plans and intended
improvements. The installation of improvements and development of
any land shall be subject to construction observation at all stages
by representatives of the Town. For such purposes, free access shall
be accorded and requested information shall be promptly submitted.
All costs of construction observation, including but not limited to
services in connection with the proposed development by the Town Engineer,
Town Attorneys, any Town employees or any other costs and expenses
incurred by the Town in connection with this construction project,
all at the discretion of the Superintendent of Highways, shall be
paid for solely by the developer. Construction observation/inspection
services shall be provided by the Town Engineer or Town Employees
at the discretion of the Superintendent of Highways. Full-time inspection
of all improvements to be dedicated to or maintained by the Town shall
be mandatory unless otherwise directed by the Superintendent of Highways.
A sufficient sum shall be provided by the developer in either the
letter of credit or cash for the project observation costs.
B.
Construction observation by the Town of Bergen as
described above does not include the certification and inspection
of an approved stormwater pollution prevention plan (SWPPP) related
to construction activities. Compliance with the SPDES general permit
shall be the sole responsibility of the developer. The notice of intent
(NOI), SWPPP, contractor and/or subcontractor certifications, inspection
reports and other required documentation shall be available at the
construction site, and an additional copy submitted for review by
the Town of Bergen. Final acceptance of stormwater facilities shall
not occur until site stabilization is complete to the satisfaction
of the Town Engineer and Superintendent of Highways and the submission
of a notice of termination (NOT) with the Town of Bergen.
C.
The construction or modification to any stormwater
facilities to be maintained or dedicated upon completion of a project
by the Town of Bergen, or are currently operated by the Town of Bergen,
shall at the discretion of Superintendent of Highways, require that
continuous inspections in compliance with the SPDES general permit
be performed by the Town Engineer. All inspections shall be paid for
by the developer. Copies of the approved SWPPP, NOI, contractor and/or
subcontractor certifications shall be submitted to the Town Engineer
prior to the start of construction activities. The Town Engineer shall
submit copies of the initial site assessment, site inspections to
the developer for posting at the construction site. Final acceptance
of stormwater facilities shall not occur until site stabilization
is complete to the satisfaction of the Town Engineer and Superintendent
of Highways and the submission of a notice of termination (NOT) with
the Town of Bergen.
A.
Letters of credit. The procedure required for the
release of funds is as follows:
(1)
Submission of periodic construction estimates by the
contractor to the developer and the design engineer.
(2)
The site shall be reviewed by the Town's and developer's
agents to review the comparison of the work complete to the monetary
value of the requested release of funds.
(3)
Site assessment and inspections related to compliance
with the SPDES general permit have been performed, reports have been
submitted and found acceptable to the Town Engineer and Superintendent
of Highways.
(4)
The developer's engineer, developer, and Town Engineer
shall approve in writing up to 90% of the total amount of an item.
(See Appendix B for typical example of release form.)[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(5)
The Town Engineer shall then submit the proposed estimate
to the Town's Fiscal Officer for the final authorization of release
of funds from the letter of credit. Approval by the Town officials
for authorized periodic payments is not to be construed as acceptance
of the work completed to date.
(6)
Partial release from the letter of credit may be granted
by the Town Board as individual components of the subdivision development
are completed. This shall not be construed as final acceptance of
the work by the Town.
(7)
If the required improvements are not completely installed
within the period fixed or extended by the Planning Board, the Town
Board may declare the letter of credit in default and collect the
amount payable thereunder. Upon receipt of such amount, the Town shall
cause to install such improvements as were covered by the letter and
as commensurate with the extent of building development that has taken
place in the subdivision, not exceeding in cost, however, the amount
collected upon the letter of credit.
(8)
If there is a default declared and the amount received
under the letter of credit is less than the sum required to complete
the development or the improvements, the Town Board may, at its sole
discretion, complete the improvements and bill the developer for the
expense in excess of the receipts from the letter of credit. The Town
has the option not to complete the improvements.
B.
Interest earned. Any interest earned on the financial
security deposited with the Town shall remain the property of the
Town of Bergen.
C.
Release of retainage. Retainage release shall be considered
by the Town Board after all systems have been tested and found acceptable,
and that final site stabilization and the notice of termination has
been completed and approved by the Town's representatives.
D.
Release of maintenance bond. Release of maintenance
bond shall be authorized in writing by the Town's Fiscal Officer upon
final review of the project site by Town authorities. This review
will be completed at least one month before the expiration of the
bond.
Building permits shall not be granted until:
A.
An approved subdivision plat is filed in the office
of the Genesee County Clerk.
B.
A stormwater pollution prevention plan has been completed,
certification by all contractors and/or subcontractors identified
in said plan to comply with its terms and conditions, and submission
of the notice of intent in compliance with the SPDES general permit.
C.
Drainage improvements are completed as shown on such
plat and certified by the design engineer to the Town Building Department.
D.
Easements affecting the development of a parcel are
filed in the office of the Genesee County Clerk and notification of
such received by the Town.
F.
All fees, including but not limited to site plan,
subdivision, district, inspection, and others must be paid.
