(A) (1) Upon completion of all off-site improvements in accordance with the town standards, the Public Works Director or his designee shall acknowledge in writing acceptance of the off-site improvements and any on-site improvements in the right-of-way. Acceptance shall be conditioned upon a two-year warranty for workmanship, materials and equipment by the developer. After the lapse of the one-year period dated from the letter of acceptance, the off-site improvements shall be considered the maintenance responsibility of the town.
(2) If, during the two-year period, the developer is required to replace or repair any off-site improvements or any public on-site improvements, the developer shall secure a new encroachment permit without payment of fee to cover the necessary work. Plans and Specifications together with the plan review fee, for such replacement or repair shall be submitted for review and approval unless, waived by the Public Works Director or his designee.
(B) Partial acceptance. If at any time during the construction of the off-site improvements, the contractor substantially completes a unit or portion of the off-site improvements, such as a structure, utility service, or a section of the road pavement, the developer may request the Department to make final inspection of that work. If the Department finds, upon inspection, that the work has been satisfactorily completed in compliance with plans and specifications, he or she may, in their sole discretion, conditionally accept the work as being completed. Acceptance in such cases is conditional on the remaining work being completed without damage and including any final grading adjustments or other minor work. Such partial acceptance shall in no way void or alter any plans and specifications.
(C) Final acceptance. Upon due notice from the contractor of presumptive completion of the entire off-site improvements, the Department will make an inspection. If all construction provided for and contemplated by the plans and specifications is found completed to satisfaction of the Department, that inspection shall constitute the final inspection and the Department will make the final acceptance. The contractor will be notified in writing of this acceptance as of the day of the final inspection.
(D) If, however, the inspection disclosed any work, in whole or in part, as being unsatisfactory, the Department will give the contractor the necessary instructions for correction of same, and the contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. In such event, the Department will make the final acceptance and notify the contractor in writing of the final acceptance as of the date of the last and final inspection.
(Ord. 05-12, passed 7-12-2005)