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 Town Planning Board, plans shall be submitted to
the Town Superintendent of Highways and the Town Engineer and 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. 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.
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 of acceptable surety
or shall deposit with the Town acceptable negotiable government bonds,
cash, certified check or letter of credit drawn upon a national or
state bank payable on demand to the Town, 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, Town road specifications and, where applicable,
the Town subdivision regulations.
(2)
Upon certification by the developer's professional
engineer or licensed land surveyor and 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 for use
as a public highway, free and clear of all liens and encumbrances.
This guarantee 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 Town Engineer. These
costs shall be based on the construction of the road by the Town through
bid contract, beginning 18 months following the date of approval of
the plans for 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 Town, 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, the Town
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 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. Inspections shall occur as follows:
(1)
Upon completion of the subgrade.
(2)
Upon completion of the foundation course, at which
time the developer shall furnish the Town 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 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 Superintendent of Highways and Town 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 the paved surface for such access are:
A.
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.
B.
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.
(2)
Continuation bond.
(a)
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 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 faulty construction within the right-of-way
or as a result of other construction by the developer off the right-of-way.
The 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 in no way been caused
by the developer's operations.
(b)
The amount of the continuation bond shall be
equal to at least 20% of the performance bond estimate.
(3)
Insurance.
(a)
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 Town Board and/or the Town Highway Department and/or the
Town Superintendent of Highways.
(b)
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 right-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 Hyde Park in the amounts required to satisfy all filing
fees and inspection fees. Refer to Town subdivision regulation concerning
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 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 bond. Subsequent to the acceptance
of the dedication of the road and after receipt of the continuation
bond and evidence of insurance, the Town Board shall release the performance
bond.
A.
It is intended by the road specifications to have
a good and substantial road 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 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 the
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 guarantee 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 bond. Defects found shall be remedied in accordance with § A111-9 hereinabove, after which a recommendation for release of the continuation bond and insurance will be forwarded to the Town Board for final release thereof.