A plan of the proposed road shall be prepared by a professional engineer or qualified land surveyor properly licensed by the State of New York. The plan shall clearly define the limits of the proposed rights-of-way and shall include the locations, widths, profiles and grades of proposed roadways, storm drainage systems and the locations of easements and utilities. When the proposed road is part of a subdivision to be approved by the Town Planning Board, plans shall be submitted to the Town Superintendent of Highways, the Town Engineer and the Planning Board for review and approval under the applicable subdivision regulations of the Town. When the proposed road is not part of a subdivision requiring Planning Board approval, submittals shall be made to the Town Engineer and Superintendent of Highways only. When any proposed highway drains toward or may otherwise affect a county or state highway, plans shall also be submitted to the County Commissioner of Public Works or the New York State Department of Transportation for their review and comments. Such plans so submitted shall not be altered or amended after having been approved unless amended plans are resubmitted and approved as above. However, the developer shall, at his own expense, provide additional storm drainage facilities as may be ordered by the Town Superintendent of Highways or the Town Engineer if during the progress of the work, in the opinion of the Town Superintendent of Highways or the Town Engineer, such additional structures or facilities are necessary to assure the durability of pavement, the future maintenance of right-of-way or the welfare or safety of the public. If construction has not started within one year from the date of final approval by the Town Planning Board, plans shall be resubmitted and approved as above.
[Amended 10-4-2004 by L.L. No. 9-2004]
Prior to the approval of a subdivision by the Planning Board or the commencement of the construction of any road, the developer shall deposit with the Town a performance bond and allowable form of accompanying security of the type identified within § 132-14 of the Town Code, guaranteeing that:
Within two years, or such other point of time fixed by the Planning Board when a subdivision approval is involved, the developer will complete construction of all required improvements within the rights-of-way in accordance with the approved plans, Town Highway Specifications and, where applicable, Chapter 132, Subdivision of Land.
Upon certification by the developer's professional engineer or licensed land surveyor and confirmation by the Town Superintendent of Highways and Town Engineer that the construction of the road has been completed in accordance with the approved plans and specifications, the developer will dedicate the completed road to the Town, if the Town Board so elects, for use as a public highway free and clear of all liens and encumbrances. This guaranty of dedication shall apply to the owner of the property as well as the developer, where the two are not synonymous. The performance bond and security amount shall be based on 100% of the total amount of the estimated costs of the Town to complete the road as established by the Town Engineer.
There shall be no reduction in the amount of the performance security during or prior to actual deposit thereof with the Town, regardless of work which may have been completed prior to or during such deposit.
The developer shall procure and maintain at his own expense and without expense to the Town, until final acceptance by the Town of the work covered by approved plans and specifications, insurance for liability for damages imposed by law, of the kinds and in amounts hereinafter provided, in insurance companies authorized to do such business in the state, covering all operation under the approved plans and specifications, whether performed by him or subcontractors. Before commencing the work, the developer shall furnish to the Town a certificate or certificates of insurance in a form satisfactory to the Town showing that he has complied with this section, which certificate or certificates shall provide that the policies shall not be changed or canceled until 30 days' written notice has been given to the Town. The kind and amount of insurance is as follows:
Liability and property damage insurance: unless otherwise specifically required by special specifications, each policy with limits of not less than:
Prior to the commencement of construction of the road for which plans were approved, a field conference shall be held at the construction site among the developer, developer's contractor and/or subcontractors that will be constructing the road, the Town Engineer and Town Superintendent of Highways in order to review the project with respect to clarifying any matters which may be unclear to the parties involved. Construction shall not be commenced until such time as the conference has been held.
The developer shall afford the Town Superintendent of Highways and the Town Engineer the opportunity to inspect the work in order to assure that compliance with the minimum specifications as set forth herein is being maintained.
Such inspections shall occur at the following stages of construction, and the developer shall provide the Town Superintendent of Highways and the Town Engineer at least two days' notice of such expected completions and shall not proceed to the next order of work until the Town Superintendent of Highways and the Town Engineer have approved the work inspected:
Upon completion of the subgrade.
Upon completion of the foundation course, at which time the developer shall furnish the Town Superintendent of Highways with men and equipment to dig or have dug test holes to establish and confirm the depth and quality of the foundation course.
Upon beginning of paving operations.
Representatives of the Town shall be given access to the work at all times in order that the work may be inspected as it progresses.
Upon completion of the road and associated public improvements, the Town Superintendent of Highways and Town Engineer shall perform a final inspection of the project along with the developer and the developer's engineer, contractor and/or subcontractors. Items found not acceptable at the time of inspection shall be remedied and a reinspection conducted thereafter.
It is expected and it is understood that the developer shall maintain the road giving access to any houses in such condition that the residents shall have safe, convenient access. The minimum conditions for such access are:
The edges of the road (i.e., the gutter line) shall be kept free and clear of debris, stone, gravel or any material which prevents the free flow of water. Driveways shall be so constructed that the flow line remains clear.
The surface pavement shall be maintained on a continuing basis. Soft spots or other structural defects shall be repaired immediately by excavation and replacement with good material. "Immediate" shall be considered to be 24 hours from the time of oral or written notification by the Town Superintendent of Highways to the developer, unless arrangements are made, satisfactory to the Superintendent, to protect the traveling public by lights and barricades until such time as repairs can be made. Potholing and edge raveling shall be remedied on a continuing basis or as ordered by the Superintendent. Repairs shall be made with asphalt concrete (hot-mix, when available).
Documents to be submitted by developer. The developer shall submit five copies of the following items to the Town Engineer in order to commence the road dedication procedure:
Certification by Engineer: a written certification from the developer's professional engineer or qualified licensed land surveyor stating clearly that he or his authorized representative has inspected all phases of the road construction and that all work has been completed in accordance with the approved plans and these specifications. As-built plans incorporating all revisions authorized by the Town Superintendent of Highways and Town Engineer shall be submitted with the written certification.
Continuation security: securities of acceptable surety or acceptable negotiable government bonds, cash or letter of credit or certified check drawn upon a national or state bank payable on the date of acceptance of the dedication of the road by the Town, guaranteeing the developer will reconstruct the road to the standard of construction set by the specifications under which the plans for the road were originally approved, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his own expense, repair and make good any defects or damage which may develop during this continuation period as a result of the use of substandard materials or of faulty construction within the right-of-way or as a result of other construction by the developer off the right-of-way. The Town Superintendent of Highways and the Town Engineer shall be the sole judges of the extent to which such repairs or reconstruction shall be required. During the continuation period, the Town shall be responsible for snow and ice control, road cleaning, cleaning of culverts and catch basins and other work of a similar routine nature, provided that the necessity for such work has not been caused by the developer's operations. The amount of the continuation security shall be equal to at least 20% of the performance security estimate.
Insurance: a certificate from his insurance carrier as evidence that he has taken out for the same period of time as the continuation security an insurance policy in the amounts of $500,000 to $1,000,000 for public liability and $100,000 for property damage, naming as the insured the Town Board and/or the Town Highway Department and/or the Town Superintendent of Highways. The purpose of this requirement for insurance is to protect and defend the Town against any claims which may arise because of the operations of the developer or of possible defects in work performed by him.
Deeds: deeds of conveyance for the rights-of-way, easements and improvements for the road to be dedicated, which have been properly executed and notarized.
Fees: cashier's or certified checks made payable to the Town of Fishkill in the amounts required to satisfy all filing fees and inspection fees.
Monument Location Map: A map prepared, stamped and signed by a land surveyor licensed to practice in the State of New York on which the location of all monuments required by the Town Engineer are indicated as being set in the field, along with a certification of the same.
Letter of acceptance from Town Superintendent of Highways: a letter from the Town Superintendent of Highways stating that the road and associated improvements to be dedicated to the Town are acceptable to him.
Action on documents submitted. The Town Engineer shall review the documents submitted for completion and shall forward four copies thereof to the Town Attorney for review, along with a letter of recommendation to the Town Board with respect to acceptance of the road under consideration. The Town Attorney shall review the transmittal with respect to form and shall present the documents to the Town Board at its next regular meeting for formal acceptance of the road.
Release of performance security. Subsequent to the acceptance of the dedication of the road and after receipt of the continuation security and evidence of insurance, the Town Board shall release the performance security.
It is the intent of these specifications to ensure construction of a good and substantial road system by the developer. To assure the fulfillment of these requirements, the developer shall guarantee his roads and the appurtenant road structures, such as storm drains, manholes, inlet basins, paved gutters, etc., against structural failure for one year from the date of final acceptance by the Town Board. If such failure should occur under conditions of normal use for which the area was intended, the developer shall repair the damage to equivalent of original or better condition. These repairs shall be made by order of the Town Superintendent of Highways, oral or written, and under his direction and completed to his satisfaction. Repairs shall be made or satisfactory arrangements made to make said repairs within 48 hours, upon such order.
This guaranty is understood as part of these specifications and shall include but not necessarily be limited to the following items:
Deterioration of the pavement, such as alligator cracks, chuck holes, bleeding, edge breaking, depressions, etc.
Deterioration of gutters, such as erosion, frost heave, cracking, edge breaking, etc.
Failure of the storm sewer, such as pipe breaks, grate breaks, stoppages due to accumulation of debris from construction, settlement, etc.
The Town Superintendent of Highways and Town Engineer shall inspect the road prior to the expiration of the continuation security. Defects found shall be remedied in accordance with § A155-11 hereinabove, after which a recommendation for release of the continuation security and insurance will be forwarded to the Town Board for final release thereof.