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Town of North Greenbush, NY
Rensselaer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of North Greenbush as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 95.
Site plan review — See Ch. 155.
Subdivision of land — See Ch. 163.
Zoning — See Ch. 197.
[Adopted 1-27-1981 by L.L. No. 2-1981 as Ch. 99 of the 1981 Code]
[Amended 5-14-1998 by L.L. No. 4-1998]
No civil actions shall be maintained against the Town or Town Superintendent of the Highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, street, sidewalk, crosswalk or culvert was actually given to the Town Clerk or Town Superintendent of Highways, 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. 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, street, sidewalk, crosswalk or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was 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.
[Amended 5-14-1998 by L.L. No. 4-1998]
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
[Amended 5-14-1998 by L.L. No. 4-1998]
The Town Clerk of each town shall keep an indexed record, in a separate book, of all written notices which he shall receive 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, culvert or sidewalk, which record shall state the date 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. All such written notices shall be indexed according to the location of the alleged defective, unsafe, dangerous or obstructed condition, or the location of accumulated snow or ice. The record of each notice shall be preserved for a period of five years after the date it is received.
[Amended 5-14-1998 by L.L. No. 4-1998]
This article shall supersede in its application to the Town of North Greenbush Subdivisions 1 and 3 of § 65-a of the Town Law.
[Amended 5-14-1998 by L.L. No. 4-1998]
This article shall take effect immediately upon its filing in the office of the Secretary of State.
Nothing contained in this article shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these causes of action, but, on the contrary, such existing provisions shall be held to be additional requirements to the rights to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence nor to impose upon the Town, its officers and employees and/or any of its improvement districts any greater duty or obligations than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel.
[Adopted 3-9-1989 by L.L. No. 1-1989]
The purpose of this article is to regulate the design and construction of streets, thoroughfares or highways and all utilities therein in the Town of North Greenbush, Rensselaer County, New York. This article is to be used in conjunction with, and is complementary to, the Land Subdivision Regulations and the Zoning Laws of the Town of North Greenbush.[1]
[1]
Editor's Note: See Ch. 163, Subdivision of Land, and Ch. 197, Zoning.
A. 
Wherever used in this article, the word "street" and/or "right-of-way" shall also mean a thoroughfare, highway or road.
B. 
Wherever used in this article, words in their singular number include the plural, and words in the plural number include the singular.
C. 
The word "shall" is mandatory and not directory. Words used in the present tense include the future.
A. 
All applications for approval of plans shall be made in accordance with Town Subdivision Regulations and Town Zoning Laws.[1]
[1]
Editor's Note: See Ch. 163, Subdivision of Land, and Ch. 197, Zoning.
B. 
All applications for the dedication of streets and rights-of-way to the Town of North Greenbush shall be accompanied by a warranty deed, or if a warranty deed is not possible, by a quitclaim deed, conveying said street and rights-of-way to the Town with all releases from mortgages or other claimants, together with a proper title search covering at least 30 years to the time application is made and also a tax search. Such applications shall also be accompanied by a plan which shall:
(1) 
Be at a scale of one inch equals 50 feet. The use of any other scale must have had prior approval of the Town Planning Board.
(2) 
Show contours based on United States Geological Survey datum and at an interval not greater than two feet. Interpolation of contours from other mapping shall not be accepted.
(3) 
Show a minimum of two bench marks based on United States Geological Survey datum.
(4) 
Show a location plan, at a minimum scale of one inch equals 2,000 feet, giving the location of the plot with relation to established streets.
(5) 
Show, on a separate plan of the same scale as the subdivision plan, all drainage areas tributary to the development. Show drainage area limits tributary to each catch basin or inlet with a tabulation of runoff to each structure and the total to each outfall. Show detention area details with storage volume calculations, including maximum detention times to drain completely, and all based on stormwater management criteria acceptable to the Town Engineer and/or Town-designated engineer. Calculation of runoff shall be based on a method in general use for the area involved and approved and accepted by the Town Engineer and/or Town-designated engineer. The method used shall be approved by the Town Engineer and/or Town-designated engineer and shall be recognized as producing a problem-free storm drainage system. Calculations for all stormwater structures shall be based on rainfall intensities resulting from a storm of a ten-year return. The designer shall examine and report on the routing and effects on the area and system for the one-hundred-year storm event. The storm drainage plans, calculations and narratives shall be submitted to the Town Engineer and/or the Town-designated engineer for review.
(6) 
Show all proposed streets, roads or highways and lots with necessary survey data.
(7) 
Show all right-of-way monuments located.
(8) 
Show proposed finished street with road or highway grade. A separate supplementary map of that portion of streets, roads or highway to be conveyed shall be submitted showing building lots and restrictions and names of abutting owners.
(9) 
Show the proposed names of all streets and proposed numbers.
(10) 
Show the average daily traffic volume in vehicles per day to be using each street, with peak a.m. and p.m. hour totals at intersections with existing streets, with an evaluation and recommendation by a licensed traffic engineer at the owner/developer's expense as to the ability of receiving streets to function at a satisfactory level of service.
(11) 
Show the locations of soil boring along the streets or roads. Minimum boring depth shall be 10 feet and the boring logs shall indicate depth to the water table, soil types, date of boring and other information normally shown on such logs. Locate borings on proposed street center lines and at spacings of 300 feet. The Highway Superintendent or the Sewer Inspector may require a more extensive soil investigation with an evaluation and recommendation by a soils engineer, at the expense of the subdivision owner/developer, as to the suitability of the subgrade to perform satisfactorily.
(12) 
Show a complete profile of the streets at a horizontal scale of one inch equals 50 feet and a vertical scale of one inch equals five feet, together with the street plan (use a standard highway plan-profile format sheet to conform to this chapter, the Subdivision Regulations and Zoning Laws),[2] and which profile shall show the original ground surface, finished grade proposed, all utilities, including water mains, sanitary sewers and storm sewers, together with all structures proposed and rim and invert elevations.
[2]
Editor's Note: See Ch. 163, Subdivision of Land, and Ch. 197, Zoning.
(13) 
Show size, type of pipe, class, valves, alignment and hydrant locations for potable water distribution system, after consultation with the Utilities Committee as to the needed capacity and ability of the existing Town distribution system to supply the requirements, all in accordance with the Town Water Management Regulations[3] and New York State Health Department Regulations and acceptable design and construction practices.
[3]
Editor's Note: See Ch. 189, Water.
(14) 
Show size, type and class of pipe, alignment, grade and connections to existing outfall sewer, after consultation with the Sewer Inspector as to the ability of the existing Town system to handle the proposed additions, all in accordance with Town Wastewater Management and New York State Health and Environmental Conservation Departments Regulations and acceptable design and construction practice.
No street designed and constructed after the date of the passing of this article shall be accepted as a Town street except as it shall conform to the regulations herein provided and as it is in conformance with the Subdivision Regulations and Zoning Laws.[1]
A. 
Water distribution systems shall be designed and constructed in accordance with existing local law (latest revision), using the latest amendments and details as available from the Utilities Committee.
B. 
Sanitary sewage collection and disposal systems shall be installed in accordance with and using the latest amendments and details as available from the Sewer Inspector.
C. 
Utilities.
(1) 
Public utilities shall be installed without expense to the Town and under the supervision of the Town Superintendent of Highways and the Sewer Inspector. Unless a specific permit is issued jointly by the Highway Superintendent and the Chairperson of the Utilities Committee, no pavement shall be broken and all facilities shall be jacked, bored or driven under said pavement under the direction of the Highway Superintendent. If the Utilities Committee Chairperson and the Highway Superintendent disagree on the issuance of the permit, the issue will be settled by a vote of the Town Board.
(2) 
The installation of utilities not requiring the disturbance of pavement will be accomplished within the Town highway right-of-way and a permit will be obtained from the Highway Superintendent for such work to be done. Power, telephone and gas, where installed under any pavement, will be installed in a protective sleeve.
[1]
Editor's Note: See Ch. 163, Subdivision of Land, and Ch. 197, Zoning.
The arrangement of streets or highways hereafter laid out shall, whenever possible, provide for the continuation of the principal streets existing in the adjoining subdivisions or for their proper projection when the adjoining property is not subdivided, and shall be of a width as great as that of such existing streets but in no case have a right-of-way width less than 50 feet. A greater right-of-way may be required for anticipated future widening of major streets.
The minimum width of street or highway rights-of-way hereafter laid out shall be 50 feet. These widths shall be measured from right-of-way line to right-of-way line. Said width shall be measured normal to the lines on tangents and on the radial lines on curves.
There shall be no reserve strips controlling access to streets except where control of such strips is definitely placed in the Town under the offer to dedicate.
Property lines at all street intersections shall be rounded sufficiently to allow a minimum radius on the property line of 25 feet.
A proposed design for each highway intersection shown on the approved subdivision plan shall be submitted to the Town for approval, and such approval shall be granted prior to the construction of any of the proposed highways and prior to the final approval of the highway profiles by the Town. Each intersection shall be shown on a separate sheet and shall be drawn to a scale of one inch equals 30 feet. The intersection shall be designed to shed all surface water to inlet structures on the existing or proposed highway drainage system, and such structures shall be placed at the point of curve or point of tangent of edge of pavement curves. The design drawings shall show the edges of the pavements, with intersecting edges of pavements being connected by a curve having a radius of 30 feet. The drawings shall also show right-of-way lines, the center lines of pavements, proposed elevations along the edges of pavement and proposed elevations along the right-of-way lines. The design drawings shall also show the location of all storm drain lines, structures on the storm drain lines with elevations of frame grates or frame covers and curve data for all horizontal curves shown on the intersection design. (See Intersection Detail, Figure A.[1])
[1]
Editor's Note: Figure A is included at the end of this chapter.
All pipe and necessary appurtenances for the proper and satisfactory collection and disposal of subsurface or underground water from the rights-of-way of the proposed highways shown on the approved subdivision plan, in order to establish a satisfactory roadbed for such highways, shall be supplied and installed by the owner of the subdivision in accordance with the pertinent specifications and details of the Town, Figure B.[1] The necessity for draining subsurface water from the right-of-way of a proposed highway, the locations where such drainage is required and the extent of piping necessary to effect such drainage shall be determinations of the Superintendent of Highways, Town Engineer and/or Town-designated engineer. These aforementioned determinations may precede the construction of the proposed highway or may occur during construction as underground water conditions become evident. The Town Superintendent of Highways will notify the owner of such determinations as soon as possible after such determinations are made. Type of pipe, diameter and gauge of pipe, pipeline gradients, method of pipe placement and all materials required for the installation of such drainage shall conform to the requirements and specifications of the Town.
[1]
Editor's Note: Figure B is included at the end of this chapter.
Streets designed to have one end permanently closed shall be provided at the closed end with a turnaround roadway having a minimum radius for the outside property line of at least 75 feet, Figures C and D.[1] Full pavement area shall extend to within 10 feet of the outside right-of-way line.
[1]
Editor's Note: Figures C and D are included at the end of this chapter.
Street grades shall not exceed 8% nor be less than 1%. Particular attention shall be given to street design at intersections. Where the algebraic difference in street grades exceeds 2%, the grades shall be connected by a vertical curve to produce a safe transition.
Street tangents with a deflection angle greater than five degrees shall be connected by a minimum radius of curve of 250 feet, measured from the street center line. Street layouts for proposed higher density development than standard, that is, for clustered or townhouse development, Figure E,[1] may be approved at less radius of curve, but traffic safety provisions and necessary street signs must be as recommended by a qualified traffic safety engineer employed and paid by the owner/developer at no cost to the Town.
[1]
Editor's Note: Figure E is included at the end of this chapter.
Intersecting streets shall be so planned that blocks between street lines shall be not more than 1,200 feet in length, and any variance from this length because of unusual topographic condition or more efficient land use shall have prior approval of the Planning Board.
The planting of trees within the right-of-way is prohibited; however, shrubs combined with grassed areas shall be planted and maintained. These areas shall include the center mall areas of divided streets and turnarounds (culs-de-sac). Shrubs planted within a radius of 50 feet of an intersection of roads will be limited to those having a mature height not greater than 18 inches. The plan for all plantings shall have prior approval of the Highway Superintendent.
A. 
Sufficient monuments shall be placed to properly reproduce each and every street laid out. Street monuments shall be placed in the immediate vicinity of all intersections and at intervals not exceeding 500 feet on tangent lengths over 1,000 feet. Where monuments are placed between intersections, they shall be placed in pairs, one on each side of the street, and shall be accurately correlated to one another by bearing (angle) and distance.
B. 
Monuments shall be of four-thousand-pounds-per-square-inch concrete, reinforced with four No. 3 deformed reinforcing rods, and four inches square and four feet in length. A galvanized or stainless steel pin three-eighths (3/8) inch in diameter shall be anchored on center and flush with the top of the monument. The top of the monument shall be set flush with the finished grade.
[Amended 11-14-1991 by L.L. No. 9-1991]
A. 
In general, storm sewers will be required and shall be designed to carry the flow tributary. The distance which water shall be allowed to run in open ditches will be determined in each individual case depending upon the various factors involved.
B. 
Storm sewers installed shall be of reinforced concrete pipe or corrugated metal pipe (galvanized steel), fully coated, with paved invert, and generally shall be laid on grades to produce a velocity of not less than three feet per second nor more than eight feet per second when flowing full. Under special conditions involving circumstances such as level terrain and shallow surface water outlet, permission to install storm sewers at grades producing velocities of not less than two feet per second when flowing full may be granted by the Town Engineer, Town-designated engineer and/or Town Superintendent of Highways. Storm sewer design shall be on the basis of local ten-year-storm-frequency studies and shall be such that a minimum of four feet zero inch is maintained from invert pipe to finish ground surface directly above.
C. 
Reinforced concrete pipe shall conform to ASTM Specifications Class III for reinforced concrete pipe. In certain locations, the Highway Superintendent may require the use of ASTM Designation C-76 Class IV or Class V. All reinforced concrete pipe shall be connected with proper O-ring rings.
D. 
Corrugated galvanized steel pipe, multiple pipe and pipe arches shall be fully coated with a paved invert and shall not be less than the gauge recommended by the American Association of State Highway Officials but not less than 16 gauge. Lengths of corrugated multiple pipe (CMP) shall be joined with corrugated collars matching the conduit corrugations. All pipe ends shall be rerolled and corrugated. All conduit shall be installed per detail. Conduit diameter and conditions will determine conduits with struts. Struts shall be removed after total compaction of the backfill material in six-inch lifts has been completed.
E. 
The use of helically formed corrugated steel pipe shall require reformed annular ends to receive standard connectors. The use of "dimpled" connectors is prohibited.
F. 
All storm sewers shall be constructed accurately to line and grade, properly bedded, and shall be so constructed that all joints are watertight.
G. 
Typical installation details are shown in Figures F through M.[1] The design of stormwater inlet basins and manholes shall be acceptable to the Town Superintendent of Highways and shall be in accordance with current standard modern practice. In no case will use of concrete manhole barrel block less than eight inches in width be permitted.
[1]
Editor's Note: Figures F through M are included at the end of this chapter.
H. 
All concrete block manhole structures are to be plastered inside and out with five-eighths-inch mortar. The design of poured, precast or prefabricated manhole structures shall be Fort Miller standard, or equal, and must have the approval of the Town Superintendent of Highways and/or the Town-designated engineer, prior to installation. Pipe connections shall be completely sealed with hydraulic mortar for the full thickness of the structure wall.
I. 
The minimum inside diameter of pipe for storm sewer use shall be 12 inches. The minimum steel thickness for corrugated steel pipe shall be 16 gauge. Shallower or deeper installations than standard or in particularly corrosive soil or flow conditions shall require the use of a heavier gauge, subject to the approval of the Highway Superintendent.
J. 
All catch basin and junction structures over four feet in depth shall have substantial, noncorroding steps for safe access, and structures over eight feet in depth shall have an offset cone section. All structures less than eight feet in depth shall be equipped with a reinforced concrete flat top designed for a minimum H-20 highway load and set so the manhole opening is over the structure steps. Frames and grates shall be Campbell Foundry Pattern No. 2253, or equal. Solid covers, where required on certain structures, shall be Campbell Pattern No. 1203-B, or equal. Inlet basin covers shall be set level and flush with finished gutter paving.
K. 
Underdrainage shall be installed when so directed by the Highway Superintendent and/or the Town-designated engineer. See detail for underdrainage requirements. (Figures H and I[2]).
[2]
Editor's Note: Figures H and I are included at the end of this chapter.
L. 
The developer or owner laying out the streets or highways for acceptance by the Town shall obtain all necessary easements and/or rights-of-way to take care of all surface and ground water caused by reason of the development of said street or highway and by reason of the installation of culverts or surface drains or underdrains. No street or highway will be accepted by the Town of North Greenbush nor approved by the Town Superintendent of Highways and Sewer Inspector before such necessary easements or rights-of-way have been obtained and passed upon by the Attorney for the Town of North Greenbush. The width of easement or right-of-way shall be 30 feet minimum for installation depths of six feet or less. At the discretion of the Town Superintendent of Highways, the Utilities Committee and/or the Sewer Inspector, greater installation depths may require wider easements or rights-of-way depending upon particular circumstances.
Prior to being offered for dedication to the Town, all streets shall be completely graded within the limits of the right-of-way and all underground utilities shall have been installed in accordance with all provisions of this article, and base course of gravel shall have been placed, graded and compacted and paving and sidewalks, as required, shall have been installed in conformance with the applicable standards as shown on the attached drawings, Highway Cross Sections — Town of North Greenbush.[1] The gravel subbase and surface paving shall consist of the following materials:
A. 
Gravel subbase placed on reinforcement fabric shall consist of material described in and laid and rolled to conformance with the latest revision of the New York State Department of Transportation Standard Specifications - Construction and Materials Book and as approved by the Highway Superintendent. Thickness of granular gravel subbase shall be determined by existing soil condition, but shall not be less than 15 inches thick. See standard highway cross section diagram.[2] (NOTE: Gravel subbase shall be installed and compacted in four-inch lifts.)
[2]
Editor's Note: Figure L, Highway Cross Section, is included at the end of this chapter.
B. 
Asphalt concrete base course shall not be placed until all utilities are installed and proof of proper installation is forwarded to the Superintendent of Highways by the gas company, telephone company, power company, Sewer Department and Water Department.
C. 
Asphalt concrete base course shall consist of material described in and placed and compacted in conformance with the latest revision of the New York State Department of Transportation Standard Specifications - Construction and Materials Book as Item 403.13 Type 3 binder course and as approved by the Highway Superintendent. Asphalt concrete base course shall be laid to a rolled thickness specified in cross sections. Minimum thickness shall be three inches.
D. 
Asphalt concrete wearing course shall consist of material described in and placed and compacted in conformance with the latest revision of the New York State Department of Transportation Standard Specifications - Construction and Materials Book as Item 403.16 Type 6 top course and as approved by the Highway Superintendent. Minimum thickness for this course shall be one inch. Asphalt concrete shall be placed and compacted only when air temperature is above 40º F. and rising.
E. 
If, under the Subdivision Regulations as last amended by the Planning Board,[3] the owner/developer elects to place only the three-inch base course and to defer the placing of the top or wearing course, said base course shall consist of New York State Department of Transportation Item 403.13 Type 3 binder (dense binder) as approved by the Town Highway Superintendent. Just prior to placing the one-inch top wearing course, the base course shall be thoroughly cleaned of all contaminants by brooming, vacuuming and flushing, with a suitable tack coat applied if so directed, all to the satisfaction of the Highway Superintendent, Town Engineer and/or Town-designated engineer.
[3]
Editor's Note: See Ch. 163, Subdivision of Land.
F. 
At the time of the dedication, all proposed streets shall have the subbase grade continued to the full width of the right-of-way. These grades shall be as follows: In cuts, slopes are not to exceed one foot vertical to two feet horizontal, and on fills, slopes are not to exceed one foot vertical to three feet horizontal. Material brought in as fill to bring subbase elevations up to grade shall be placed in nine-inch lifts and thoroughly compacted between course to produce maximum density at optimum moisture for fill soil type.
G. 
Manhole frames and valve boxes are to be brought to the proper grade before paving.
H. 
If curbs are to be used, they shall be either granite or precast concrete, six by eighteen (6 x 18) inches with a six-inch reveal, bedded on dry pack and backed with wet concrete.
[1]
Editor's Note: Figure L, Highway Cross Section, is included at the end of this chapter.
No street or highway shall be accepted by the Town unless it meets all of the above requirements and the approval of the Town Superintendent of Highways, the Chairperson of the Utilities Committee and the Sewer Inspector. No utilities, public or private, shall be placed or installed in any proposed street or highway of the Town until such street or highway has been rough-graded and drained as provided in this article and approved by the Town Superintendent of Highways, the Chairperson of the Utilities Committee and the Sewer Inspector.
To ensure compliance with approved plans, specifications and details, the Town Engineer and/or Town-designated engineer, at the owners/developer's expense, shall observe the materials used in and the construction of all improvements. When the owner/developer has completed the improvements, the Town Engineer and/or Town-designated engineer shall report to the Planning Board or the Zoning Board of Appeals that he has observed the installation of improvements and they conform, or that they conform conditionally, to the approved plans, to this article, to the laws and regulations of the Utilities Committee and to acceptable construction practice.
Street signs and posts shall be furnished and properly placed by the owner/developer. Street signs shall conform in type to the Town standard. Dead-end signs shall be placed by the owner/developer at appropriate locations along streets terminating in turnarounds and as approved by the Highway Superintendent. Guide rails, where required for highway ditch or culvert protection or as a general safety measure, shall be placed and paid for by the owner/developer and as specified by the Town Superintendent of Highways.
A. 
Approval in writing shall be obtained by the owners and/or developers from the New York State Department of Transportation where proposed streets or highways intersect state roads for its permission to connect said streets with such roads.
B. 
Approval in writing shall be obtained by the owners and/or developers from the Rensselaer County Engineer where proposed streets or highways intersect county roads for his permission to connect said streets with such roads.
C. 
Approval in writing shall be obtained by the owners and/or developers from the Town Superintendent of Highways where proposed streets or highways intersect Town roads for his permission to connect said streets with such roads.
Telephone, gas, cable television and power cable conduits shall be installed as shown on the typical street cross-section detail and as approved by the Town Superintendent of Highways after consultation with the Sewer Inspector. The installation of these utilities shall be in accordance with specifications approved by the agencies governing these utilities and at no expense to the Town of North Greenbush.
Prior to acceptance of streets and utilities by the Town of North Greenbush, as-built drawings, including reproducibles, shall be furnished to the Superintendent of Highways and in a form approved by the Superintendent, Town-designated engineer and Town Engineer. These as-built drawings shall show by ties to easily visible permanent marks the location of all sanitary laterals at the sewer main and at the right-of-way line, including elevation at the line, and the location of all water mains, lateral taps and all valve locations. The as-built drawings shall show the lot lines and lot numbers being serviced by the laterals. For corner lots, show both lot numbers.
The proposed street plan shall be reviewed by a qualified traffic safety engineer or Town-designated engineer, at the expense of the subdivision owner/developer, for required regulatory and warning sign location and type. Such signs shall be in conformance with the New York State Department of Transportation's Manual of Uniform Traffic Control and shall be furnished and installed by the subdivision owner/developer with prior approval of the Town Highway Superintendent.
If, in the opinion of the Town Superintendent of Highways, Utilities Committee Chairperson, the Town Sewer Inspector and the Town-designated engineer, the proposed streets or highways and drainage systems constructed by the owners and/or developers are completed in accordance with plans signed by the Town representatives, said Town Superintendent of Highways, the Town Sewer Inspector, Utilities Committee Chairperson and the Town-designated engineer will recommend to the Town Board that the streets be accepted within 30 days. The Town Board may refuse to accept a proposed street or highway, notwithstanding that it conforms to all of the provisions of this article. The Town Board may, at its discretion, accept a proposed street or highway, notwithstanding that it does not conform to all of the provisions of this article, if, in its judgment, the public interest will be best served by such acceptance, subject to such conditions as the Town Board may impose.
[Amended 3-22-1990 by L.L. No. 2-1990; 11-14-1991 by L.L. No. 9-1991]
The construction of a new street or a portion thereof, as well as the reconstruction of a street or portion thereof, including pavement cuts, requires a permit from the Highway Superintendent. The fee for this permit is as provided in Chapter 95, Fees. Pavement cuts will also be secured by a bond equal to $25 per square foot of cut. A minimum fee as provided in Chapter 95, Fees, is required and payable for less than 500 feet of road construction and/or reconstruction.
A. 
All persons intending to construct a driveway cut that would enter upon existing or planned Town streets when that street is part of a subdivision may do so after receiving Planning Board approval.
B. 
For all driveway cuts within the Town right-of-way but not within a subdivision, prior approval of the Highway Superintendent must have been obtained, and all work shall be performed to his satisfaction.
C. 
Before an impervious, hard-surface or gravel driveway to provide vehicular entrance into or exit from private property to a public highway is constructed or improved, the owner/developer shall conform to the following standards:
(1) 
Beginning at the surface's edge of the finished roadway, the driveway, hard-surfaced or gravel, shall drain away from the roadway toward the property at a minimum pitch of three-fourths (3/4) inch per foot along the center line of the driveway to a point where the driveway center line intersects the plane of the center line of the water drainage ditch.
(2) 
Where a driveway passes over a drainage ditch, the owner shall furnish and install a culvert of proper size and material to the satisfaction of the Town Highway Superintendent in order that the unrestricted flow of water in drainage ditches shall be assured.
(3) 
Where a gentle drainage ditch exists on the outside of the shoulder from the roadway and does not violate the requirements of this article as to the grade and water drainage, the Highway Superintendent, in his discretion, may permit the owner to install the finished driveway without a culvert, provided that the driveway surface is flush with the grade of the ditch.
Any person or corporation who violates or causes to be violated any provision of this article shall be subject to conviction for an offense against a law and be subject to a fine commensurate with the violation and with the cost of correcting such or to imprisonment for a period not to exceed 15 days, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate, additional violation.
This article shall be known and may be cited as the "Streets or Highways Local Law of the Town of North Greenbush."