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]
A.
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:
(1)
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.
(2)
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.
B.
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:
A.
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.
A.
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.
B.
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:
(1)
Upon completion of the subgrade.
(2)
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.
(3)
Upon beginning of paving operations.
C.
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.
D.
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:
A.
Paved surface.
(1)
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.
(2)
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).
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
B.
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.
C.
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.
A.
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.
B.
This guaranty is understood as part of these specifications and shall
include but not necessarily be limited to the following items:
(1)
Deterioration of the pavement, such as alligator cracks, chuck
holes, bleeding, edge breaking, depressions, etc.
(2)
Deterioration of gutters, such as erosion, frost heave, cracking,
edge breaking, etc.
(3)
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.
