[Amended 5-25-1984 by Ord. No. O-84-5; 2-28-1986 by Ord. No. O-86-29]
Before the Planning and Zoning Commission shall cause its approval
to be endorsed upon the final plat of any subdivision (except in the
case of minor subdivisions wherein the Commission imposes no condition
or conditions for the approval of the plat), and as a requisite for
the approval thereof:
A.
The owner shall enter into a public works agreement with the Town
in the manner and form set forth by the Town Attorney, where he shall
agree:
(1)
To construct or cause to be constructed, at his own expense, and
under surety bond, all streets, curbs, sidewalks, fire hydrants, drainage
facilities, street signs, monuments, water and sewerage facilities,
and other improvements shown on or accompanying said final plat when
required to do so by the Planning and Zoning Commission in accordance
with the final plats, as finally approved, and in strict accordance
with the standards and specifications of the Town;
(2)
To maintain at his own cost the streets, curbs, sidewalks, fire hydrants,
drainage facilities, street signs, monuments, water and sewer facilities,
and other amenities and improvements, until the same are accepted
by the Town, and, upon acceptance thereof, to post a maintenance bond
to the Town for a period of one year, except that for those streets
that will be subject to construction traffic associated with the owner's
development for a period of longer than one year, the period of the
maintenance bond for the street and all improvements associated with
the street shall be extended to be one year after the completion of
the construction in the development that will impact said road or
improvements, as determined by the Town's engineer. The maintenance
bond may be established for a finite period of time if required by
the bond company, but any maintenance bond that is set to expire earlier
than one year after the construction impacting the road is complete
must be renewed, extended, or replaced by the owner with a new maintenance
bond.
[Amended 3-16-2006 by Ord. No. O-06-8]
(3)
To obtain the easements and releases required when any street, drainage
facility, or other improvement in a subdivision abuts or traverses
land of persons other than the person holding legal title to the lands
of the subdivision, at his own cost, and to obtain from the owner
of the lands so abutted or traversed full releases from all damages
which may change in grade, construction, or otherwise, the street,
drainage facility, or other improvement, and such releases shall inure
to the benefit not only of the owner of the subdivision but to the
Town as well.
B.
Required improvements shall be completed, inspected, and accepted
by the Town/County Engineer, the Town Council and other proper authorities.
[Amended 2-28-1986 by Ord. No. O-86-29; 4-8-1998 by Ord. No. O-98-6]
A.
Performance bond. In order to assure the Town that the streets, roads, curbs, sidewalks, fire hydrants, drainage facilities, street signs, monuments, water and sewage facilities and other improvements shown on or accompanying said final plats will be constructed and installed in strict accordance with the plats, as finally approved, and with the standards, regulations, and specifications of the Town, and will be maintained until accepted by the Town, the owner shall furnish to the Town a letter of credit or a bond with such surety and in such form as the Town Council shall approve, in an amount sufficient to cover 125% of the projected cost of the construction and installation of the aforesaid improvements, except for streets, roads and storm drainage facilities, which shall be in the amounts set forth in Subsection C below, as approved by the Town Engineer, until said improvements shall be accepted by the Town. The improvement guaranty secured by the performance bond shall be conditioned upon:
(1)
The owner constructing and installing, or causing to be constructed
or installed, in strict accordance with the final plat and accompanying
submittals, as finally approved, and with the Town standards and specifications,
the streets, roads, curbs, sidewalks, fire hydrants, drainage facilities,
street signs, monuments, water and sewerage facilities, and other
improvements shown on or accompanying said final plat; and
(2)
The owner maintaining at his own cost the streets, curbs, sidewalks,
fire hydrants, drainage facilities, street signs, monuments, water
and sewerage facilities, and other improvements, until the same are
accepted by the Town for public use; and
(3)
Acceptance of title to said improvements; and
B.
Maintenance bond. Concurrent with the Town's acceptance of the improvements, the owner shall provide a maintenance bond with a surety and in such form as the Town Council shall approve, or a letter of credit, in an amount sufficient to cover 25% of the projected total construction cost as approved by the Town Engineer, except for streets, roads and storm drainage facilities, which shall be in the amounts set forth in Subsection C below. The maintenance bond shall be conditioned upon:
(1)
The absence of damages or injury caused to the improvements due to
latent defects, defective construction or design, injuries caused
by construction equipment and vehicles, and any other acts or admissions
attributable to the owner or his agents, employees, contractors, or
subcontractors; and
C.
Street, road and storm drainage bonding methods and amounts.
(1)
For streets, roads and storm drainage facilities, and all improvements
appurtenant thereto, the owner (subdivider) may choose between either
bonding method below for the performance bonds.
(a)
Bonding Method A: A cash or corporate bond equal to 25% of the
base construction cost plus 125% of the surface construction cost,
as estimated by the subdivider and approved by the Town Engineer,
shall be furnished by the subdivider, conditioned upon satisfactory
completion of all construction covered by the permit. Upon completion
of the base road construction and all storm drainage construction
and appurtenances and complete slope stabilization and other submittals
deemed necessary by the Town Engineer, building permits will be issued.
(b)
Bonding Method B: A cash or corporate bond equal to 110% of
the base construction cost plus 125% of the surface construction cost,
as estimated by the subdivider and approved by the Town Engineer,
shall be furnished by the applicant, conditioned upon satisfactory
completion of all work covered by the permit. Upon submission and
approval of satisfactory bonding, public works agreement and other
submittals deemed necessary by the Town Engineer, building permits
will be issued. Use and occupancy permits shall be released upon completion
and acceptance of the base road construction (including bituminous
concrete base course) by the Town.
(2)
For streets, roads and storm drainage facilities, and all improvements
appurtenant thereto, the owner (subdivider) shall post a maintenance
bond in an amount equal to 10% of the surface construction cost, as
approved by the Town Engineer.
D.
Town as sole obligee. Notwithstanding any other provision of these
subdivision regulations, or any requirement that may be imposed by
the public works agreement with the subdivider, the Town shall be
the sole and exclusive obligee of the performance and maintenance
bonds and such bonds shall inure solely to the benefit of the Town
of Chesapeake Beach and to no other parties. The requirement that
the subdivider provide performance or maintenance bonds is intended
to secure the Town of Chesapeake Beach before and after the acceptance
of improvements for public dedication, and does not create, nor is
it intended to create, any third-party beneficiary rights.
