Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Kingsbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 240.
[Adopted 3-8-1999 by L.L. No. 2-1999[1] (Ch. 66, Art. I, of the 1983 Code)]
[1]
Editor's Note: This local law superseded former Art. I, Notification of Defects and Obstructions, adopted 5-22-1978 by L.L. No. 2-1978.

§ 235-1 Written notice required prior to civil actions.

No civil action shall be maintained against the Town of Kingsbury for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition was actually given to the Clerk of the Town of Kingsbury or to the Highway Superintendent and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of or, in the absence of such notice, unless such defective, unsafe, dangerous or obstructed condition existed for so long a period that the same should have been discovered and remedied in the exercise of reasonable care and diligence; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the Clerk of the Town of Kingsbury or to the Highway Superintendent and there was a failure or neglect to cause such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after receipt of such notice.

§ 235-2 Transmittal to Town Clerk and Town Board.

The Kingsbury Town Highway Superintendent shall transmit in writing to the Clerk of the Town of Kingsbury and the Kingsbury Town Board, within 10 days after the receipt thereof, all written notices received by him pursuant to this article.

§ 235-3 Indexed record required; retention.

The Clerk of the Town of Kingsbury shall keep an indexed record, in a separate book, of all written notices which he shall receive, pursuant to this article, of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice or snow upon any Town highway, bridge or culvert, which record shall state the data of receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of each notice shall be preserved for a period of five years after the data is received.
[Adopted 6-5-1963 (Ch. 66, Art. II, of the 1983 Code)]

§ 235-4 Purpose.

The purpose of this article is to regulate the laying out of streets and highways in the Town of Kingsbury, New York.

§ 235-5 Definitions; word usage.

A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
CULVERT
Any structure, whether of single- or multiple-span construction, with an interior width of 20 feet or less.
HIGHWAY
The whole strip of land bounded by the right-of-way lines.
PERSON
Includes an individual, firm, partnership, club, society, association of persons and corporation; and the singular shall include the plural.
ROADWAY
The portion of the highway included between the outside edges of the shoulders.
TOWN
The Town of Kingsbury, Washington County, New York.
B. 
Word usage.
(1) 
The word "shall" is mandatory and not directory; words used in the present tense include the future.
(2) 
The words "Supervisor," "Town Clerk," "Superintendent of Highways" and "Town Board" shall mean the respective duly elected or appointed officials of the Town of Kingsbury, Washington County, New York.
(3) 
Wherever the term "Town Superintendent of Highways" is used, there may be substituted "Town Engineer" in the event that there is a Town Engineer in the Town who is entrusted with the duty of approving layout of highways, either individually or coequally with the Town Superintendent of Highways.
(4) 
Wherever the term "street" is used, it shall have the same definition as "highway."

§ 235-6 Application for acceptance.

A. 
The location of a proposed highway shall be first tentatively accepted by the Town Board.
B. 
All applications shall be in writing and be accompanied by three copies of the highway plan and profile showing the existing and proposed grade.
[Amended 6-27-1988]
C. 
No highway hereafter shall be considered acceptable as a Town highway until such person shall have filed with the Town Clerk:
[Amended 6-27-1988]
(1) 
The plans and profiles, as above.
(2) 
Specifications conforming to the regulations hereinafter set forth.[1]
[1]
Editor's Note: The specifications are on file in the office of the Town Clerk.
(3) 
The deed to the highway right-of-way with an up-to-date search.
D. 
No highway hereafter shall be accepted as a Town highway until construction pursuant to the regulations herein has been fully completed.
[Amended 6-27-1988]
E. 
The Town Board may employ a licensed professional engineer to aid and assist the Town Superintendent of Highways in all matters requiring expert advice, consultation or opinion concerned with the inspection of the plans, profiles and specifications so offered and with the conformance by the person to all the regulations hereinafter set forth.
[Amended 6-27-1988]

§ 235-7 Street specifications and construction standards.

[Amended 6-27-1988]
A. 
All streets or highways laid out or dedicated for public use in the Town shall have a right-of-way width of not less than 50 feet. Additional right-of-way may be required at the discretion of the Town Highway Superintendent because of physical features.
B. 
Unless otherwise modified by the Town Board, all streets or highways offered for the continuation of existing streets adjoining, or their proper projection when the adjoining property is not subdivided, shall be of a width at least equal to such existing streets but in no case less than 50 feet.
C. 
There shall be no reservation of strips of land controlling access to any highway in any adjoining subdivision or to adjoining lands not subdivided where said street terminates at the boundary lines of such person, except where control of such strips is definitely placed in the Town under offer to dedicate.
D. 
All highways offered for acceptance by the Town shall be cleared of all obstructions, and all necessary grading and filling shall be completed to the full width of such highway, so that the same shall comply with the established grades.
E. 
All plan layouts shall provide the following:
(1) 
A design layout consisting of plan, profile and typical cross sections for tangent and curved highway sections is required.
(2) 
A highway designed to have one end permanently closed (cul-de-sac) may be accepted for dedication at the discretion of the Town Board, provided that said highway shall come to the boundary limits of such person's property and that there is no other highway to which the proposed highway may be connected, either on the lands of such person or on the lands of an adjoining owner, in which case a minimum of a sixty-foot radius turnaround shall be provided; however, the Town Board may, at the time of application, request such applicant to modify or change said plans which would relocate the highway in order that such turnaround may be avoided.
(3) 
Highway corners shall be rounded and property lines set back sufficiently to allow a radius on the corner of not less than 50 feet.
(4) 
The highway shall have a roadway at least 30 feet wide, which consists of 20 feet of traveled way and five-foot wide shoulders on each side. The roadway shall be stripped of stumps, roots, muck and spongy and organic material to provide a suitable foundation for placement of gravel. The gravel shall be run-of-bank gravel, approved by the Town Superintendent of Highways, placed to a compacted depth of 12 inches, New York State Item 4 gravel properly graded and crowned. In any case where, in the opinion of the Town Superintendent of Highways, the nature of the soil over which a highway is to be laid out is such that it will not support the roadway, the Town Superintendent of Highways may designate that portion of the roadway which shall be built with run-of-bank gravel to a greater depth and extent than 12 inches, as above set forth. GEO textile fabric may be required under ground for clay-type soil conditions. The 20 feet of traveled way shall be surfaced with asphalt concrete from a New York State approved batch plant and placed in accordance with Section 403 of the New York State Department of Transportation Standard Specifications for Construction and Materials[1] and shall consist of a minimum of 1 1/2 inches (compacted) of Type 3 binder (403.13) and a minimum one-inch (compacted) Type 6 top (403.16).
[1]
Editor's Note: The specifications are on file in the office of the Town Clerk.
(5) 
Proper drainage facilities shall be installed where required. Reinforced concrete culvert pipe or corrugated metal pipe shall be used throughout for all culverts and storm drains. The highway plans shall show the grade and profile of all drainage facilities, together with the final disposition of the flow.
(6) 
The applicant shall obtain all necessary, permanent easements and rights-of-way to take care of any surface water, discharge of culverts or storm drains caused by the layout of this highway. No highway will be accepted by the Town before such necessary easements and rights-of-way have been obtained; and prior to the acceptance of the highway, all such easements and rights-of-way shall be assigned to the Town.
(7) 
The construction of a driveway or ramp over a street or highway ditch shall not be allowed unless a corrugated metal pipe with locking collar or reinforced concrete pipe with sealed joints, having a minimum inside diameter of 12 inches, is installed in said ditch prior to such construction.
(8) 
Written approval shall be obtained by such person from the New York State Department of Transportation regarding drainage where the proposed highway intersects the state road and its permission to connect said highway with the state road. In like manner, written approval shall be obtained from the Washington County Superintendent of Highways regarding drainage and connection with a county road.
(9) 
Right-of-way monuments shall be set at all highway property corners and at all angles in the property line. All monuments shall be concrete, four inches in diameter, four feet in length and set six inches above the finished grade of the surrounding ground.