Wallkill City Zoning Code
ARTICLE XII
Improvements
§ 249-42 Construction; bonding; inspections; as-built plans.
[Amended 4-23-1987 by L.L. No. 2-1987; 2-25-1988 by L.L. No. 4-1988; 5-10-1990 by L.L. No. 8-1990]
A.
Intent. It is the stated intent of the Town of Wallkill to protect the general health, safety and welfare of all its citizens. In order to better accomplish this goal, through full compliance with all plans approved by the Planning Board, all public and nonpublic improvements shall be fully completed and approved by the Town prior to a certificate of occupancy being issued.
B.
Bonding.
[Amended 9-27-1990 by L.L. No. 15-1990; 4-9-2015 by L.L. No. 1-2015[1]; 8-26-2021 by L.L. No. 6-2021]
(1)
Public and nonpublic improvements. A construction bond from surety acceptable to the Town, which shall only be in the form of cash, letter of credit or negotiable securities, may be delivered to the Town of Wallkill. Said construction bond shall guarantee to the Town that the owner/developer of said parcel will faithfully cause to be constructed and completed, within a reasonable period of time, the required public or nonpublic improvements on all approved site plans and subdivisions.
(2)
Following the granting of final approval by the Planning Board, but prior to the signing and release of final maps, the owner/developer of a parcel shall follow the procedure listed either in Subsection B(2)(a) or (c) below:
(a)
The owner/developer shall file construction bonds, as specified in Subsection B(1) above, with the Town Clerk.
[1]
The amount of the construction bonds shall be established by the Commissioner of Public Works, based upon detailed cost estimates prepared by the owner's/developer's design professional, in accordance with Town standard unit pricing.[2]
[2]
Editor's Note: Public/private unit pricing is included as an attachment to this chapter.
[2]
Any such construction bonds shall be satisfactory to the Town Board and the Town Attorney as to form, sufficiency, manner of execution and surety.
(b)
The owner/developer shall complete all the public and nonpublic improvements to the satisfaction of the Commissioner of Public Works.
(c)
The owner/developer may, upon request and approval, utilize a combination of Subsection B(2)(a) and (b) above [i.e., construct and have approved a portion of the public and nonpublic improvements and post construction bond(s) for the balance of the improvements prior to the issuance of a building permit], and prior to signing and release of final maps by the Planning Board.
(3)
Bonding for nonpublic improvements shall only be necessary prior to the issuance of building permits when the nonpublic improvements amount to over $500,000.
(4)
The required improvements shall not be considered to have been completed until their installation has been approved by the Commissioner of Public Works.
(5)
If construction bonds have been posted, they may only be released upon the certification of the Commissioner of Public Works and the Town Attorney that all the requirements of the bond have been satisfied.
(6)
If construction bonding is required for a project that involves the establishment of a homeowners' association (HOA) to own and maintain the nonpublic improvements, a one-year maintenance surety in the amount of 10% of the approved construction bond will be required to be established with the Town. Release of the maintenance surety will be subject to approval of the Commissioner of Public Works and Town Board.
(7)
If the Town decides at any time during the term of the construction bond that the extent of the development that has taken place is not sufficient to warrant all the improvements covered by such bond, that the required improvements have been installed in a sufficient amount to warrant a reduction in the face amount of said bond or that the character and extent of such development requires additional improvements, the Town may mandate an increase or decrease in the face value of such construction bond by any appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board.
[1]
Editor's Note: This local law also provided that it would apply to all properties and property applications within the Town of Wallkill that were pending as of 10-10-2013 and thereafter.
C.
Inspections; as-built plans.
[Amended 3-23-2006 by L.L. No. 3-2006; 4-9-2015 by L.L. No. 1-2015[3]; 8-26-2021 by L.L. No. 6-2021]
(1)
Routine inspections.
(a)
All improvements will be inspected by the Town Engineer to ensure satisfactory completion. In no case shall any paving work, including prime and seal coats, be done without permission from the Town Engineer. At least five days' notice shall be given to the Town Engineer prior to any such construction so that a representative of the Town may be present at the time work is to be done. The Town Engineer shall be notified prior to each of the following phases of the work so that he or his representative may inspect the work:
[1]
Periodic reviews of earthwork cuts and fills.
[2]
Observe all sanitary, storm/drainage and water utilities (including services, manholes, and all other appurtenances) prior to backfill. If any of these utilities are public (owned or proposed to be dedicated to the Town) full-time construction observation is required.
[3]
Observe preparation of road and parking lot subgrade and subbase, and witness a proof roll test (loaded tri-axle dump truck) to verify non-yielding conditions prior to proceeding to the subsequent material course.
[4]
Full time observation of asphalt paving (all courses). If independent testing and inspection of asphalt is performed, Town Engineer inspections can be reduced to periodic, provided the Design Professional certifies to the work upon completion.
[5]
Observe concrete curb, gutter, sidewalks and exterior pads prior to concrete placement, and periodically during placement. If independent testing and inspection of concrete is performed, Town Engineer inspections can be reduced to periodic, provided the Design Professional certifies to the work upon completion.
[6]
Periodic reviews of utility trench and excavation backfill. If independent testing agency is utilized or otherwise required by the design plans, Town Engineer observation is not required, but copies of all test reports are to be submitted to Town Engineer for review.
[7]
Periodic reviews of the storm water and erosion/sediment control devices at the project, as required by § 203-14G.
[8]
Administrative items:
[a]
Pre-construction meeting.
[b]
Cost estimate reviews for bonding with construction escrow.
[c]
Project scheduling/meetings.
[d]
Bond reduction reviews.
[e]
Site related temporary certificate of occupancy (T.C.O.) and certificate of occupancy (C.O.) field reviews.
[f]
Preparation of site related deficiency listings.
[g]
Project revisions/conflict reviews for items differing from approved plans (including Planning Board review and Workshop, as applicable).
[h]
Review construction testing reports (compaction, concrete, rebar, asphalt, etc.) from independent testing agency.
[i]
As-built drawing reviews.
[j]
Review notice of intent (N.O.I.), notice of termination (N.O.T.) requests, and stormwater maintenance agreements.
[k]
Review erosion and sediment reports from environmental professional.
(b)
If the Town Engineer or other duly designated representative does not carry out inspection of required improvements during construction, the subdivider or the bonding company shall not in any way be relieved of his or its responsibilities.
(2)
As-built plans. The applicant's engineer will prepare as-built plans of the parcel's improvements, to include the locations of waterlines, sewer lines, drainage improvements, valves, manholes, (including GPS coordinates for all valves, curb stops, and manholes), pavement widths, curbs, septic/grease trap tanks, septic field swing ties or GPS coordinates, sidewalks and any other information the Commissioner of Public Works may request, which as-built plans shall be subject to the final approval of the Town's Consulting Engineer. In the event that the Town of Wallkill draws upon a bond or letter of credit posted by the applicant due in whole or in part to missing, incomplete or inaccurate as-built plans, said plans shall be prepared by the Town's Consulting Engineer utilizing the drawn funds.
(3)
If the Commissioner of Public Works, the Superintendent of Sewer and Water or the Town Engineer shall find or cause to have found that any of the required improvements have not been installed or constructed in accordance with the approved site plan, he shall so report to the Town Board, Planning Board, Town Clerk and Building Inspector.
(a)
Upon receipt of such notification, the Town Board shall notify the owner/developer and, if necessary, the bonding company and take any and all necessary steps to preserve the Town's rights under the bond.
(b)
If the owner/developer has posted a construction bond, the Town Board shall declare said bond in default and utilize the funds to install such improvements as were covered. In no event shall the Town install improvements exceeding the dollar amount of the construction bond.
(c)
No additional plans shall be accepted or approved by the Planning Board or Building Inspector as long as the owner/developer is in default or not in compliance with a previously approved plan.
(4)
Inspection escrow. The owner/developer is responsible for the payment of all inspections, as-built drawings and related costs. Initially, an inspection escrow, in the amount of 4% of the approved site work cost estimate, shall be deposited with the Town, prior to the time that the Chairman of the Planning Board signs the final plat or the start of any site improvement work. The escrow percentage may also be reviewed and revised by resolution of the Town Board.
[3]
Editor's Note: This local law also provided that it would apply to all properties and property applications within the Town of Wallkill that were pending as of 10-10-2013 and thereafter.