A.
Build or bond.
(1)
After adoption of a resolution approving a final subdivision
plat, and before the plat is endorsed by the Planning Board Chairman
or other duly authorized member, the applicant shall be required to
complete, at his expense and without reimbursement by the City or
any special district, all street, private road and other improvements
as shown on the approved construction plans or otherwise specified
in the resolution, or, as an alternative, file with the City Council
a bond in an amount fixed by the Planning Board in its resolution
as sufficient to secure to the city the satisfactory construction,
installation, and completion of the required improvements. Such bond
shall state the period within which the required improvements must
be completed, which period shall be that specified in the Planning
Board resolution. The bond shall also provide that:
(a)
An amount determined adequate by the Planning
Board but not less than 10% of the bond, or 10% of the estimated costs
of improvements if a bond is not filed, shall be retained for a period
of one year after the date of completion of the required improvements,
to assure their satisfactory conditions; and
B.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements
are not completed within the period specified in the Planning Board
resolution of approval, such approval shall be deemed to have expired,
unless, upon request of the applicant, the period has been extended
by resolution of the Planning Board.
(2)
Where a bond is filed. If all required improvements
are not completed within the term specified by the Planning Board
and set forth in the filed bond, and if no application for the extension
of such period and bond has been made by the applicant and approved
by the Planning Board, the City Council may thereupon declare said
bond to be in default and collect the sum remaining payable thereunder
and, upon receipt of the proceeds thereof, the City shall install
such improvements as are covered by the bond and are commensurate
with the extent of building development that has taken place in the
subdivision but not exceeding, in cost, the amount of such proceeds.
C.
Modification of bond. Extension of period specified
in bond. The time period specified for the completion of all required
improvements, as set forth in the bond, may be extended only by resolution
of the Planning Board upon request by the applicant setting forth,
in detail, the amount of work which has been completed as certified
by the applicant's engineer, reasons for failure to complete the remainder
of the work within the specified period, the maximum estimated time
required to complete the remainder of the work, and the time period
extension which is requested.
D.
Reduction of bond. An applicant may request, in writing,
that the City Council authorize a reduction in the amount of the bond.
Such request shall itemize the extent of required improvements already
completed, the estimated cost of improvements remaining to be completed,
and the amount of bond reduction requested. Then, upon approval of
the City Council, if it determines that sufficient required improvements
have been installed to warrant such action, reduce the face amount
of the bond by an appropriate amount so that the new amount will cover
the cost in full of all required improvements remaining to be completed,
and any security deposited with the bond may be reduced proportionately.
E.
Modification of requirements. If, at any time, either
before or during the course of construction of the required improvements,
it is determined by the Planning Board that unforeseen conditions
make it necessary to modify the location or design of any improvements,
the Board may modify the terms and conditions of the approval so as
to require such changes as may be necessary to comply with the spirit
and intent of the Board's original approval and to conform to accepted
engineering practices. If such modification affects the scope of work
covered by a bond, the Board may require or allow appropriate modification
of such bond.
The City Engineer shall be responsible for inspecting
required improvements during construction to insure their satisfactory
completion and, upon such completion, shall furnish the Planning Board
with a statement to that effect. If the City Engineer determines that
any of the required improvements have not been constructed in accordance
with the approved plan, the applicant shall be responsible for properly
completing said improvements. Failure of the City Engineer to carry
out inspections of required improvements during construction shall
not in any way relieve the applicant or the bonding company of their
responsibilities related to the proper construction of such improvements.
A.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the applicant shall notify the City Engineer
at least three working days prior to starting each of the following
states of construction:
(a)
Clearing and rough grading of site.
(b)
Installation of drainage and other underground
facilities to be installed.
(c)
Installation of gravel base for proposed streets
and private roads.
(d)
Installation of new curbing and sidewalks.
(e)
When each pavement course is being applied.
(f)
After completion of all improvements.
(2)
The applicant shall not proceed to work on any stage
subsequent to the first stage until the work of the previous stage
has been inspected and approved by the City Engineer or his duly authorized
representative. In the case of any other improvements, the City Engineer
shall inspect the work at such progressive stages as he shall specify,
and he shall certify to the Planning Board that the work was inspected
by him and was in accordance with the approved plans and specifications.
B.
The applicant and/or contractor shall submit to the
City Engineer shop drawings and mix design certifications for all
materials to be used to construct project. The applicant shall furnish
a certification from the bituminous concrete supplier, and concrete
supplier, providing mix data, including aggregate source and grading,
quantities of all ingredients, critical temperatures, slump data,
and strength data for concrete.
C.
Test specimens. When test specimens are requested
by the City Engineer or his duly authorized representative, the contractor
shall have an independent testing lab take the necessary samples selected
by the City Engineer. Costs of tests and reports shall be borne entirely
by the applicant.
D.
Certificate of construction. At such time as the applicant
has completed construction of all required improvements, he shall
furnish to the City Engineer three copies of as-built plans and profiles
which show the actual location of all paved streets, private roads,
culverts, headwalls, drains, manholes, catch basins, sidewalks, curbs,
utility lines and equipment, monuments, street and private road signs,
street and private road trees, and all other required improvements,
as constructed, and all other pertinent information, such as cross
sections of the streets and private roads at intervals determined
by the City Engineer, the culvert and drain grades, sewer grades,
sidewalk and curb grades, and invert elevations at manholes. Such
plans and profiles shall bear a dated certification by a professional
engineer or licensed surveyor to the effect that the data shown thereon
was accurately determined by filed survey. If the location or accuracy
of improvements does not, in the opinion of the Planning Board, fully
comply with the approved construction plans and specifications, the
Planning Board shall have the right to refuse to sign the final plat
or release the bond until such situation is corrected.
E.
Cost of
inspection. In all cases, the applicant shall be required to bear
the costs, including, but not limited to, technical consultants retained
by the City, incurred by the City in conducting inspections required
by the City Code. Prior to the issuance of a building permit, the
applicant shall be required to pay an inspection fee, payable to the
City of Beacon, in an amount equal to 6% of the estimated construction
cost as a condition of plat approval. The City may require a deposit
into an escrow account, in an amount to be determined by the City
Engineer, to be applied against any costs that exceed an amount equal
to 6% of the estimated construction costs. If an escrow account is
required and becomes depleted, it shall be fully replenished prior
to any additional work being performed by the City or a third party
for the City. Any unused escrow shall be returned within 60 days of
proof of compliance with this chapter. No certificate of occupancy
shall be issued if any inspection fee remains unpaid.
[Amended 5-17-2010 by L.L. No. 7-2010]
A.
Offers of cession. All streets, parks and easements
shall be indicated on the plat. In accordance with the General City
Law, the applicant may add as part of the plat a notation, if he so
desires, to the effect that no offer of dedication of such streets
or parks, or any of them, is made to the public. All offers of cession
to the public of all streets and parks not so marked shall be filed
with the Planning Board at the time of submission of the final application.
B.
Petition for dedication. Upon completion of the subdivision
and the street(s), a petition in the form required by the City Council
shall be filed with such Council for the acceptance and dedication
of the street(s) and the acceptance of parks or any other reservations
or easements.
C.
Acceptance by city. Acceptance of any offer of cession
of streets or parks shall rest with the City Council. In the event
that the applicant shall elect not to file the plat in the Office
of the County Clerk within the period prescribed for such filing,
then such formal offer of cession shall be deemed void. The approval
by the Planning Board of a subdivision plat shall not be deemed to
constitute nor imply the acceptance by the City of any streets, parks
or other areas shown on said plat, and the Planning Board may require
the addition of appropriate notes to this effect on the plat.
D.
Maintenance. In the event that no offer of cession
to the public is made for the streets, parks and required easements
shown on the plat, there shall be submitted with the final application
copies of agreements or other documents providing for the suitable
maintenance of such facilities and a statement of all rights which
exist with respect to each of them. The adequacy of such documents
shall be subject to Planning Board approval.
The Planning Board may waive, subject to appropriate
conditions, the provision of any or all such improvements and requirements
as, in its judgment of the special circumstances of a particular plat,
are not requisite in the interest of the public health, safety and
general welfare, or which in its judgment are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond unless it is determined by the City Engineer
that both of the following conditions have been complied with:
A.
Status of street and private road improvements. The
improvement of the street, streets, private road or private roads
giving access to the structure has progressed to a stage deemed adequate
by the City Engineer to render safe all-weather vehicular access for
both routing and emergency purposes.
B.
Maintenance agreements. Written agreements satisfactory to the City Attorney have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the City Council. If the private road is not to be offered for dedication to the City, such an agreement will have been required in accordance with § 195-17D of this chapter.
