A.
This chapter shall apply to all new roads and shall
also apply to all other highway related construction, whether constructed
as part of a subdivision or site plan approved by the Planning Board
or constructed otherwise. All roads that are not proposed as a Town
road, but which could become a Town road, shall be designed and built
in accordance with this chapter.
B.
This chapter shall apply to all new or improved driveways,
access points, drainage construction, utility construction or other
matters defined herein, whether constructed as part of a subdivision
or site plan approved by the Planning Board or constructed otherwise.
Approval or permit from the Highway Superintendent shall be required.
C.
This chapter shall apply to the installation of any utilities or other work within a Town right-of-way. The installer shall obtain a highway work permit from the Highway Superintendent. The Highway Superintendent may require security in conformance with Chapter 163, Subdivision of Land, § 163-12, to ensure restitution to the Town for damages resulting from said installation. Any reference to "developer" shall also apply to a utility or other applicant.
D.
The requirements of this chapter shall not be altered or waived by anyone except the Highway Superintendent or the Town Engineer. Where the Highway Superintendent or the Town Engineer finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, he may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of these regulations. The final decision as to the interpretation of Articles II through VIII of this chapter shall rest with the Town Superintendent of Highways. Where there are differing or conflicting requirements between any other chapter of the Town Code and this chapter, the provisions or requirements of this chapter shall prevail.
E.
The invalidity of any provision of this chapter shall
not invalidate any other article, paragraph, section or provision
thereof.
A.
Plans, including profiles and construction details of the proposed road or improvement, shall be prepared by a qualified professional engineer or land surveyor properly licensed by the State of New York. Plans shall be prepared in accordance with the requirements of this and other chapters of the Town Code (such as Chapters 159, Article I, 108, 163 and 194) as may apply. The plans shall clearly define the limits of the proposed right-of-way and shall include the locations, widths, profiles and grades of proposed roadways; existing and proposed contours; typical road sections; storm drainage, including culverts and other drainage structures; the locations of easements and utilities; and erosion and siltation control measures.
B.
All plans shall be submitted for review and approval
by the Highway Superintendent and the Town Engineer. Where approval
of a road or improvement is part of a proposed subdivision or site
plan, plans shall be submitted to the Planning Board for review of
matters not covered by this chapter. When any proposed highway drains
toward, connects with, or may otherwise affect a county or state highway,
plans shall also be submitted to the County Commissioner of Public
Works or New York State Department of Transportation for their review
and approval.
A.
Actual construction of public improvements shall conform
to the approved plat or plan, unless modifications are approved or
ordered by the Highway Superintendent or the Town Engineer. The Highway
Superintendent or the Town Engineer shall have the right to require
that the developer provide additional facilities, such as storm drainage
facilities or erosion/siltation control measures, if, during the progress
of the work, the Highway Superintendent or the Town Engineer deems
such facilities or measures necessary to assure the durability of
the pavement, the future maintenance of the right-of-way, and the
welfare and safety of the public, or to prevent drainage or erosion
problems in either subdivision lots or the public portions of the
subdivision.
B.
All improvements within the right-of-way shall be
completed within one year after the date of initial title transfer
with respect to any lot or dwelling fronting on a street shown on
a subdivision plat or within the time limit stated on a highway work
permit issued by the Highway Superintendent.
C.
The roadway and storm drainage construction shall
be jointly inspected by the Highway Superintendent, the Town Engineer
and the developer's Engineer. The Highway Superintendent and the Town
Engineer shall be given access to the work at all times in order that
they may assure compliance with this chapter as the work progresses.
The developer shall give the Highway Superintendent and the Town Engineer
two working days' notice prior to working on any construction project
within the Town.
D.
Inspections shall occur at the following listed places:
(1)
Upon completion of installation of erosion controls.
(2)
Upon completion of the subgrade.
(3)
Upon completion of drainage facilities, but
prior to backfilling.
(4)
Upon completion of the foundation course, at
which time the developer shall furnish the Highway Superintendent
with men and equipment to dig, or have dug, test holes to establish
and confirm the depth and quality of the foundation course.
(5)
Continuously during any construction activity.
E.
The developer shall give the Highway Superintendent and the Town Engineer at least two working days' notice of the expected completions in Subsection D above and shall not proceed to the next item of work until the Highway Superintendent has approved the work.
F.
Prior to paving any roadway the developer shall submit
to the Highway Superintendent and to the Town Engineer an as-built
drawing of the roadway and a Subdivision Road and Related Public Improvement
Engineer's Certification Form I and shall obtain approval of the certification
and the as-builts. If the as-built drawings do not substantially conform
to the approved site plan or plot, a revised drainage report shall
be submitted if required by the Highway Superintendent or the Town
Engineer.
G.
Inspection of work done under a highway work permit
shall be by the Highway Superintendent or the Town Engineer.
A.
The developer shall maintain the road in such condition
that the residents shall have safe and convenient access. The minimum
conditions for such access during the subdivision construction and
prior to final road acceptance are listed below:
(1)
The earth shoulders and flow line of ditches
and gutters shall be kept free and clear of debris, stone, gravel
or any material which prevents the free flow of water. Driveways shall
be constructed so that the flow line remains clear.
(2)
The storm sewer system shall be kept clean and
operational at all times.
(3)
The pavement or gravel surface shall be maintained
on a continuing basis. Soft spots or other structural defects shall
be repaired immediately by excavation and replacement with approved
material. "Immediate" shall be considered to be 24 hours from the
time oral or written notification is given to the developer by the
Highway Superintendent or the Town Engineer, unless arrangements are
made, satisfactory to the Highway Superintendent, to protect the traveling
public by installing lights and barricades until such time as repairs
can be made. Potholes and edge raveling shall be remedied on a continuing
basis, or as ordered by the Highway Superintendent. Repairs to asphalt
pavement shall be made with asphalt concrete (hot mix when available).
Repairs to gravel surfaces shall be made with New York State Department
of Transportation 304.05 Subbase Course, Type 4.
B.
Maintenance of roads for work done under a highway
work permit shall be as specified in the permit.
The following conditions shall be satisfied
before the developer requests the Town Board to consider the acceptance
of a new highway:
A.
Drawings showing the location of all required improvements
as-built shall be certified by a licensed professional engineer or
a licensed land surveyor and filed with the Planning Board at least
30 days prior to the acceptance of the improvements by the Town.
B.
The developer shall submit to the Highway Superintendent
a Subdivision Road and Related Public Improvement Engineer's Certification
Form II, an as-built drawing of any roads and other public improvements,
and metes and bounds description of all rights-of-way and easements
prepared by a licensed land surveyor. The as-built plans of the highway
shall show right-of-way lines, permanent monument locations (including
offsets from true location), drainage and utility easements and a
road center-line profile. The plans shall bear the stamps of both
a licensed professional engineer and a licensed land surveyor.
C.
The plans and deed descriptions shall be reviewed
by the Town Engineer, who shall indicate his approval by letter to
the Town Board and by stamping the deed descriptions (if not already
done).
D.
The work completed on the highways at the date of
submittal must be approved by the Highway Superintendent and the Town
Engineer. The Town Board must be notified of these approvals.
E.
The developer shall prepare, and submit to the Town
Attorney for approval, the deeds, offers of cession, title search
and maintenance bond. The submitted deeds shall be checked by the
Town Attorney as to form and sufficiency. A title search must be made
of the land offered to assure the validity of the title, and the cost
of this search shall be borne by the developer.
