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:
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 the 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.
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 Article V hereof. If the applicant completes all required improvements according to § A350-17B, 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 § A350-17A. Such bond shall not be released until such a map is submitted.
The aforementioned bond shall guarantee to the
Town Board that:
A.
Within two years of the approval of the application,
the applicant shall complete all construction within the right-of-way
in accordance with approved plans and specs.
B.
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 of the completed right-of-way.
C.
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.
A.
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.
B.
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 than shall notify
the applicant and, if necessary, the bonding company, and take all
necessary steps to preserve the Town's rights under the bond.
In the event that any required improvements
have not been installed as provided in these regulations within the
terms 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.
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.
[Added 12-12-1990]
Before dedication of any road to the Town of
Bethel for takeover, the maintenance of said road requires a two-year
waiting period with a guarantee of warranty by the developer and paver
company before any roads are officially taken over by the Town, starting
from the final surfacing date from the point of paving to its completion
point, that surfacing is placed on the road, in an amount to be determined
by the Town Board for a holding period of two years.
