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 right-of-way and shall include the location, widths,
profiles and grades of proposed roadways, storm drainage, including
culverts and other drainage structures, and the location of easements
and utilities. Where the proposed road is part of a subdivision to
be approved by the Village Planning Board, plans shall be submitted
to the Village Superintendent of Highways and the Village Engineer
and Planning Board for review and approval under the applicable subdivision
regulations of the Village.[2] When the proposed road is not part of a subdivision requiring
Planning Board approval, submittals shall be made to the Village Engineer
and Superintendent of Highways only. Such plans so submitted shall
not be altered or amended after having been approved unless amended
plans are resubmitted and approved as provided above. However, the
developer shall, at his own expense, provide additional storm drainage
facilities as may be ordered by the Village Superintendent of Highways
or the Village Engineer if during the progress of the work, in the
opinion of the Village Superintendent of Highways or the Village Engineer,
such additional structures or facilities are necessary to assure the
durability of pavement, the future maintenance of the right-of-way
or the welfare or safety of the public.
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 Village a performance bond of acceptable surety
or shall deposit with the Village acceptable negotiable government
bonds, cash, certified check or letter of credit drawn upon a national
or state bank payable on demand to the Village guaranteeing that:
(1)
Within one year, the developer will complete the construction
of all required improvements within the right-of-way in accordance
with the approved plans, Village Road Specifications and, where applicable,
the Village Subdivision Regulations.[1]
(2)
Upon certification by the developer's professional
engineer or licensed land surveyor and by the Village Superintendent
of Highways and Village 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 Village 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 amount shall be based on 100% of the total amount of the estimated
costs to complete the road as established by the Village Engineer.
These costs shall be based on the construction of the road by the
Village through bid contract, beginning 18 months following the date
of approval of the plans of the proposed road.
B.
There shall be no reduction in the amount of the performance
bond during or prior to actual deposit thereof with the Village regardless
of work which may have been completed prior to or during such deposit.
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 and the Village
Engineer and Superintendent of Highways in order to review the project
and to clarify 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 Village Superintendent
of Highways and the Village Engineer the opportunity to inspect the
work in order to assure that compliance with the minimum specifications
as set forth herein is being maintained.[1]
B.
Such inspections shall occur at the following stages
of construction, and the developer shall provide the Village Superintendent
of Highways and the Village Engineer at least two days' notice of
such expected completions and shall not proceed to the next order
of work until the Village Superintendent of Highways and the Village
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 Village Superintendent 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 Village 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 Superintendent of Highways and Village Engineer
shall perform a final inspection of the project along with the developer
and the developer's contractor and 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 Village 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 Village Engineer
in order to commence the road dedication procedure[1]:
(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.
(2)
Continuation bond: a bond 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 Village guaranteeing
that 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 faulty construction within the
right-of-way or as a result of other construction by the developer
of the right-of-way. The Superintendent of Highways and the Village
Engineer shall be the sole judges of the extent to which such repairs
or reconstruction shall be required. During the continuation period,
the Village 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 in no
way been caused by the developer's operations. The amount of the continuation
bond shall be equal to at least 20% of the performance bond 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 bond an insurance policy in the amounts of $500,000/$1,000,000
for public liability and $100,000 for property damage naming as the
insured the Village Board and/or the Village Highway Department and/or
the Village Superintendent of Highways. The purpose of this requirement
for insurance is to protect and defend the Village 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 right-of-way easements
and improvements for the road to be dedicated, which have been properly
executed and notarized.
(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 Village
Engineer is indicated as being set in the field, along with a certification
of the same.
(7)
Letter of acceptance from Superintendent of Highways:
a letter from the Village Superintendent of Highways stating that
the road and associated improvements to be dedicated to the Village
are acceptable to him.
B.
Action on documents submitted. The Village Engineer
shall review the documents submitted for completion and shall forward
four copies thereof to the Village Attorney for review, along with
a letter of recommendation to the Village Board with respect to acceptance
of the road under consideration. The Village Attorney shall review
the transmittal with respect to form and shall present the documents
to the Village Board at its next regular meeting for formal acceptance
of the road.[3]
C.
Release of performance bond. Subsequent to the acceptance
of the dedication of the road and after receipt of the continuation
bond and evidence of insurance, the Village Board shall release the
performance bond.
A.
It is intended by these Road Specifications to have
good and substantial roads constructed 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 Village 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 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,
chuckholes, 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 Village Superintendent of Highways and Village Engineer shall inspect the road prior to the expiration of the continuation bond. Defects found shall be remedied in accordance with § A125-10 hereinabove, after which a recommendation for release of the continuation bond and insurance will be forwarded to the Village Board for final release thereof.