§ 42-31. Procedures.

The procedure for persons wishing to construct roads shall be as follows:

(1)

Planning Commission approval. The layout of the roadway in question shall have been approved by the Planning Commission and the linen map on which approval is indicated shall be on file in the office of the Town Clerk.

(2)

Engineering recommendations. A print of the approved map shall have been submitted to the City Engineer for his review relative to size, type and locations of drainage facilities.

(3)

Bond. A performance bond shall have been deposited with the Planning Commission to guarantee the satisfactory performance of the work as shown on the plan. The size of this bond shall be determined by the Planning Commission, upon the advice and consent of the City Engineer, and shall represent its estimate of the cost of the proposed work. At least twenty (20) percent of the bond shall be posted in cash and the remaining eighty (80) percent may be either cash, certified check or a bond issued by a professional surety. The twenty (20) percent cash portion shall be the last portion of the board to be released, as set forth in subsection (3)e of this section. The Planning Commission shall accept, in lieu of a bond, a formal, executed and recorded writing by the owner of the property made out to the City of Danbury, provided said writing contains:

a.

A complete legal description of the subdivision.

b.

A recital of the date and prior approval of the subdivision by the Planning Commission of the City of Danbury.

c.

A recital of the amount of the bond set by said Planning Commission.

d.

A recital by reference to the agreement by the owner-developer to complete the roads and all utilities.

e.

The covenant of the owner that no lots shown on the subdivision shall be sold, leased or offered for sale or lease until there has been full compliance with the bond provisions of this section.

f.

A recital therein that the covenants shall be expressly binding upon all the lots shown on said subdivision.

1.

The City, upon delivery of said document, shall record said instrument, the charge for same, however, to be paid by the owner-developer, and executed in the same manner as deeds and other instruments of conveyance, so that it shall be notice to the public that said lots cannot be sold unless the regulations shall have been complied with in full.

2.

When the bond provisions of this section have been complied with by the posting of the bond, the covenant shall be automatically released and there shall be no necessity for a formal written release executed by the City of Danbury to release said covenant.

(4)

Permit. When the described items in subsections (1) through (3) of this section have been completed, the Planning Commission shall cause a permit to be issued and said permit shall grant the subdivider the right to construct roadways in the City in accordance with the approved plan.

(5)

Signature upon completion of stages on permit. The permit shall designate certain stages of construction and it shall become the responsibility of the subdivider to obtain the signature of the City Engineer upon completion of each stage and before starting additional work. The subdivider shall give the City Engineer forty-eight (48) hours notice when he is desirous of an inspection. Failure of the subdivider to obtain the engineer's signature as designated shall constitute a default of the regulation and said permit shall become null and void and further work shall not be permitted.

(6)

Time limit for completion of work; extension . If the work has not been completed within a two-year period, the Planning Commission shall recommend that the bond be in forfeit and proper notice shall be given in writing to the subdivider and to the surety of this action. The permit may be extended by the Planning Commission if it deems it in the best interest of the City.

(7)

Release of bond—Drainage and foundation course. When the drainage and the foundation course have been completely installed and so certified by the City Engineer, the Commission shall recommend that fifty (50) percent of the original bond be released.

(8)

Same—Final wearing surface. When the final wearing surface and all other final construction requirements have been completely installed and so certified by the City Engineer, the Commission shall recommend that an additional thirty (30) percent of the original bond shall be released.

(9)

Same—As-built drawing delivered. The remaining twenty (20) percent of the original bond shall be released when the as-built drawing has been delivered to the office of the Planning Commission, when a satisfactory instrument of conveyance has been delivered to the office of the Corporation Counsel, and when the roadway has been accepted by the City Council.

(Code 1961, § 17-23; Ord. No. 52, § 3, 12-7-1965; Ord. No. 93, 2-7-1967; Ord. No. 190, 8-7-1973; Ord. No. 221, § 1, 5-3-1977)