An application under this article to lay out and construct a new Town highway, other than as part of a new subdivision or plat, may be filed by six or more resident freeholders of the Town. Said application must be in writing and it may be delivered to any Supervisor or the Town Clerk. The application shall contain a complete description and survey map of the property in question. New streets and roads in subdivisions and plats shall be constructed pursuant to this Chapter
358, Article
II, where it is not in conflict with the Town Subdivision Ordinance in Chapter
361 of this Code.
All expenses involved in the preparation, construction and dedication
involved in highway construction under this article shall be borne
by the applicant(s).
Prior to design, preparation and construction of any roadway
to be dedicated to the Town of Vinland, the applicant shall notify
the Town Road Supervisor. An on-site meeting shall then be arranged
to be attended by the Town Road Supervisor, the applicant's engineer
and applicant. Plans must be provided in order for the Town Road Supervisor
or other designated qualified individual to check the design and the
drainage.
At the option of the Town Board, the applicant(s) shall prepare
the highway (grade, ditch and gravel, etc.) one year and surface it
the next year in order to further compact the roadbed. If so, the
applicant(s) shall provide a bond or irrevocable letter of credit
which would enable the Town to finish the road in case of default
by the applicant(s). The performance bond, irrevocable letter of credit
or cash escrow agreement shall be equal to the Town Board's or its
consultant's estimated cost of the required improvements adjusted
for inflation. If the required improvements are not completed within
the eighteen-month period, all amounts held under the escrow agreement
or performance bond shall be turned over and delivered to the Town
and applied to the cost of the required improvements. Any balance
remaining after such improvements have been made shall be returned
to the owner or subdivider. The Town Board, at its option, may extend
the bond period for any additional period not to exceed one year;
however, the initial bond shall be required to run one year beyond
the initial date of acceptance of improvements.
The following "construction specifications for roads constructed
by private parties standards" shall be applicable for both new roads
ordered constructed under this article and for roads required as a
condition of new plat/land division approval. The following minimum
construction specifications shall pertain to roads, including roads
set out on plats, in the Town of Vinland, and these specifications
must be met before such roads shall be accepted by the Town of Vinland
as public roads:
A. Road of right-of-way. The road shall have a right-of-way width of
66 feet.
B. Preparation of road base. The road right-of-way shall be graded and
drained to include sufficient ditches and culvert pipes for adequate
drainage of the area, considering the highway and adjacent land development,
including proposed development. The road shall be graded with a thirty-foot
top and the back slope of ditches shall end not less than two feet
from the right-of-way line. That part of the road right-of-way not
occupied by the road shall be graded with gradual sloping ditches
having a minimum depth of 18 inches from the grade level of abutting
property. Materials excavated from the construction of ditches shall
be used as necessary for raising and leveling the roadbed.
C. Culverts.
(1) Private entrance culverts. Private entrance culvert pipes shall be
placed in ditches so as to provide adequate drainage of standing and
running water. Private entrance culvert pipes shall be a minimum of
18 inches in diameter and 24 feet in length and shall be of sufficient
size to carry the surface water drainage of the area, considering
the highway and adjacent land development, including proposed development.
(2) Public culverts. Public culverts, including culverts at the entrance
to connecting public road, shall be a minimum of 18 inches in diameter
and 40 feet in length.
(3) Culs-de-sac. Any road which at a terminus does not connect with a
public road shall be constructed with a cul-de-sac having a minimum
diameter of 100 feet, exclusive of ditches.
D. Minimum requirements concerning material.
(1) Base. All roads shall have a base constructed of crushed stone, which
shall be in order to provide a base course of 111 tons per 100 running
feet and a surface course of 81 tons per 100 running feet with a road
surface width of 28 feet. To allow for proper base settling, no final
surface layer construction will be conducted for at least one year
from completion date of the proposed road base construction.
(2) Stone size. The base course shall consist of seven inches of one-and-one-half-inch
crusher run or larger stone. The top course shall consist of five
inches of three-fourths-inch crusher run stone. The applicant shall
furnish a written certificate of the supplier of stone, certifying
the road proposed for acceptance by the Town of Vinland, upon request
of the Town Board.
(3) Additional base material. If in the opinion of the Town Board/Road Supervisor
soil forming the foundation for a road proposed to be accepted by
the Town of Vinland is unstable as a result of water saturation or
unstable composition of soils or is otherwise so unstable as to preclude
the construction of a sound and durable public road in accordance
with the minimum specifications otherwise established by this section,
the Town Board of the Town of Vinland may require construction of
additional base materials before such road shall be accepted as a
public road.
(4) Surface course. The surface must consist of either crushed aggregate
or bituminous concrete composition suitable for anticipated traffic
loads. The minimum amount of pavement necessary for acceptance must
be at least four inches in thickness. Such material shall be laid
down at a width not less than 22 feet with its center line corresponding
to the center line of the right-of-way.
(5) Shouldering. Shouldering shall be placed on each side of the pavement.
Shouldering must correspond with the height of the pavement. It shall
be a gravel mixture of one-half-inch or five-eighths-inch crusher
run with a width of two feet from said pavement on each side.
(6) Authority of higher standards. The road design standards in this
subsection as stated above are intended to be minimum design standards.
The Town Board shall have the discretion to impose higher design standards
where, in the opinion of the Town Board, local conditions require
higher standards or anticipated traffic in quantity or quality will
require higher standards.
E. Time for acceptance. No road shall be accepted by the Town of Vinland
as a public road until after the expiration of one year after the
construction of such road has been completed.
Upon completion of the proposed highway, the Town Road Supervisor
or any other qualified individual shall proceed to make the final
inspection, accepting or rejecting road, as the case may be. After
all the provisions of this article have been complied with, the roadway
or easement will be inspected by the Town Road Supervisor and, at
that time, proof will be made by the presenting of waivers of liens
or receipted bills that all work that has been done has been paid
for or arrangements have been made for the payment through written
instruction by the subdivider. If the road is rejected, corrections
shall be made as recommended by the Town Road Supervisor, upon the
recommendation of a qualified individual or firm, before final inspection
can then be made again. If final acceptance is then made, the owner
or owners shall turn over to the Town the deed of all land necessary
for the road as previously mentioned.