Plans including profiles and construction details
of the proposed highways shall be prepared by a qualified professional
engineer or land surveyor properly licensed by the State of New York.
The plans shall clearly define the limits of the proposed right-of-way
and shall include the location, width, profiles and grades of proposed
roadways, typical road sections, storm drainage, including culverts
and other drainage structures, and the location of easements and utilities.
Plans shall be first submitted to the Town Superintendent of Highways
and the Town Engineer. When any proposed highway drains toward or
otherwise may affect a county or state highway, plans shall be submitted
to the County Commissioner of Public Works or the New York Department
of Transportation for review and comments and to the Town Planning
Board for review and approval under the applicable subdivision regulations
of the Town. Such plans so submitted shall not be altered, modified
or amended after having been approved by the Planning Board, unless
revised plans are resubmitted and approved by all proper authorities.
However, the developer shall, at his own expense, provide additional
storm drainage facilities as may be ordered by the Town Superintendent
of Highways if during the progress of the work, in the opinion of
the Town Superintendent of Highways and/or the Town Engineer, such
additional structures or facilities are necessary to assure the durability
of pavement, the future maintenance of the right-of-way and the welfare
and safety of the public. If construction has not been started within
one year from the date of final approval by the Town Planning Board,
plans shall be resubmitted and approved as above.
A.
Performance bond.
(1)
Prior to the start of construction of any approved
highway, the developer shall deposit with the Town Clerk a performance
bond of acceptable surety or shall deposit acceptable negotiable government
bonds, cash or certified check drawn upon a national or state bank
payable at sight to the Town Board, guaranteeing that:
(a)
Within two years the developer will complete
the construction of all required improvements within the right-of-way
in accordance with the approved plans and specifications; and
(b)
Upon certification by the developer's professional
engineer and by the Town Superintendent of Highways that the construction
of the highway has been completed in accordance with the approved
plans and specifications, the developer will dedicate the completed
highway to the Town 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.
(2)
As guaranty for the performance of the above requirements,
the developer shall deposit, as heretofore set forth, a surety bond,
negotiable government bonds, cash or certified check in the amount
of 100% of the total construction cost. This amount shall be determined
by applying to the quantities or dimensions shown on the approved
plans the rate per unit as established by the then-prevailing construction
materials and labor costs. The amount proposed shall be approved by
both the Town Highway Superintendent and the Town Engineer prior to
acceptance by the Town. The above-mentioned guaranty of performance
may be reduced in dollar amount upon dedication of all rights-of-way
and easements to the Town. The new dollar amount shall be acceptable
to the Town Superintendent of Highways and the Town Engineer. The
reduced guaranty shall remain in effect for one year following acceptance
of the right-of-way by the Town.
B.
Insurance. 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 the amounts hereinafter provided, with insurance companies authorized
to do such business in the State of New York, covering all operations
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 subsection, 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 are as follows:
A.
The developer shall afford the Town Superintendent
of Highways the opportunity to inspect the work in order that he,
the Superintendent, may assure himself that these minimum specifications
are being complied with.
B.
Such inspections occur at the following listed places
in order of construction, and the developer shall give the Superintendent
at least two days' notice of such expected completions and shall not
proceed to the next order of work until the Superintendent has 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 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)
Prior to the beginning of paving operations.
(4)
Upon completion of the asphaltic concrete base course
and top course, at which time the developer shall furnish the Superintendent
with men and equipment to dig or have dug test holes to establish
and confirm the depth and quality of each paving course.
(5)
The Superintendent, or his representatives, shall
be given access to the work at all times in order that he may inspect
the work as it progresses.
During development construction, prior to full
acceptance, it is expected and understood that as part of the conditions
of approval of the subdivision the developer shall agree to maintain
all roads.
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 storm sewer system shall be kept clean and operational.
C.
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 approved material. "Immediate"
shall be considered to be 24 hours from the time of oral or written
notification by the Superintendent 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. Potholes 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).
No building permits will be issued until the
subdivision roads are completed through subgrade preparation.
Prior to acceptance of a highway constructed
under these specifications, the developer's professional engineer
shall certify, in writing, that he or his authorized representative
has inspected all phases of the highway construction and that all
work has been completed in accordance with the approved plans and
these specifications.
The conditions to be satisfied before the Town
Board considers acceptance of a new highway are as follows:
A.
A set of as-built plans of the highway showing right-of-way
lines, drainage and utility easements and a road center-line profile
must be submitted to the Town Clerk. These plans must bear the stamp
of both a licensed professional engineer and a licensed land surveyor
and, if they are a portion of a subdivision or a site plan, the stamp
of approval of the Planning Board.
B.
Metes and bounds descriptions of all right-of-way
and easements prepared by a licensed land surveyor must be submitted
to the Town Clerk.
C.
The plans and descriptions must be reviewed by the
Town Engineer who shall indicate his approval in writing to the Town
Board. Five printed copies and one Mylar of the completed as-built
drawings of the plan, profile, cross section and drainage facilities
must be submitted to the Superintendent of Highways.
D.
The submitted deeds must be approved by the Town Attorney
as to form and sufficiency. A fee title policy shall be issued in
the name of the Town of Milton by a title company licensed to do business
in New York State. The minimum amount of such fee title policy shall
be $20,000 and thereafter shall be in the amount of $25,000 per mile
or portion thereof.
E.
The work completed on the highway on the date of final
submittal must be approved by the Town Highway Superintendent, and
the Town Board must be notified of this approval.
F.
Approved permanent concrete or granite monuments shall
be set according to the Town highway specifications or as directed
by the Town Engineer, and their location shall be shown on the plans.
Iron pipes, unless embedded in concrete, shall not be considered permanent
for the purposes of these regulations.
