[Adopted 11-16-1998 by L.L. No. 8-1998]
This article sets forth a law regulating the construction and
the dedication of any road ordained and other associated facilities
(hereinafter referred to as "improvements") offered to the Town of
Tusten, Sullivan County, New York. This article may be referred to
as the "Town of Tusten Road Law."
This Road Law is enacted to ensure all improvements offered
for dedication to the Town of Tusten meet the standards contained
herein and have been reviewed and approved by the Town Engineer and
the Town Highway Superintendent (Superintendent).
A.
Application. Any person or persons proposing to dedicate any improvements
to the Town of Tusten shall submit to the Town Clerk of the Town of
Tusten five copies of a plan, prepared by a professional engineer,
setting forth the details of the proposed dedication. Said plan shall
be submitted prior to commencing the construction or reconstruction
of the road proposed for dedication. Similar as-built plans shall
be required in those instances where existing roads are proposed for
dedication. The plan shall include all information necessary to document
compliance with this article and shall include, as a minimum, the
following information.
(1)
A map at a scale of one inch equals 100 feet showing the following:
(a)
Locations, distances and bearings of right-of-way lines.
(b)
Locations of storm drainage systems and devices.
(c)
Locations of any existing or proposed easements.
(d)
Location of utilities.
(e)
Locations and names of the record owners of real property over
which the road passes, said properties abutting on the road proposed
for dedication.
(f)
Road name(s).
(2)
Plans, profiles and cross sections of the roads.
(3)
Detailed specifications for drainage facilities.
(4)
Detailed specifications for any bridges.
(5)
Documentation regarding the identity of each property owner along
the right-of-way of the proposed road and certification that each
such property owner has joined in the application for dedication and
that each such property owner releases any right to assert any claim
such property owner might otherwise have against any person, persons,
partnership, corporation or political subdivision by reason of the
dedication.
C.
Plan review.
(1)
No action shall be taken by the Town Board until such time as the
Town Planning Board and the Town Engineer have reviewed the plan of
the proposed dedication.
(2)
The Town Planning Board and the Town Engineer shall, within 45 days
of the Town Clerk's receipt of the application, review said application
and make recommendations to the Superintendent.
(3)
The Superintendent shall, within 60 days of receipt of said recommendations:
(a)
Review the plans and make an inspection of the road site (The Superintendent
may request the Town Engineer to assist with any inspection required
by this article.);
(b)
Notify the applicant of deficiencies, if any, in the plan, with such
notification in writing; and
(c)
Recommend acceptance or rejection of the plans to the Town Board.
(4)
The applicant shall make any necessary modifications to the plan
and resubmit the plans to the Superintendent, who shall have an additional
thirty-day review and notification period from the date of submittal.
However, if more than one year shall elapse between the original filing
date and the amendment filing date, an additional filing fee shall
be assessed.
(5)
Upon receipt of the Highway Superintendent's recommendation
to accept the plans, the Town Board shall, within 60 days, vote to
accept or reject the plans. The Town Board may make its own inspection
of the road site prior to taking action. If the plans shall be rejected
for any reason, the applicant shall be notified in writing within
15 days of the reasons for rejection and how the plans can be brought
into compliance with the law. The applicant may request a conference
with the Town Board and Highway Superintendent to review the reasons
the plans were rejected and how it can be corrected, which conference
shall take place at the earliest date convenient to the Town Board.
If the plans are accepted, the applicant shall be so notified and
may proceed with construction pursuant to this article.
D.
Construction procedure.
(1)
The construction or reconstruction of any improvements for dedication
shall be in accord with approval plans.
(2)
Prior to the initiation of construction or reconstruction, the applicant
shall propose an inspection schedule to the Superintendent for approval.
The inspection schedule shall include inspections adequate to ensure
compliance with this article. Inspections shall be required at all
phases of construction when a failure to inspect the construction
would result in a physical impossibility to verify compliance at the
time of the final inspection.
(3)
The applicant shall provide a minimum of two working days' notice
prior to the time for each inspection required in the inspection schedule.
(4)
If the Superintendent discovers construction is not in compliance
with the approved plans, all construction shall be terminated until
such time as the identified deficiency is corrected.
E.
Dedication procedures. When the improvements proposed for dedication
are completed to the standards of this article, the Superintendent
shall make a final inspection and verify said completion to the Town
Board. The Town Board, at its next meeting following receipt of the
Superintendent's report, shall take action to initiate the dedication
process as follows:
(1)
The applicant shall provide to the Town three complete sets on Mylar and three complete sets on paper of all plans of the improvements, which shall be certified by a professional engineer as "AS CONSTRUCTED" plans with the plans labeled as such. The plans shall include the information required by § 236-3A of this article.
(2)
The date of completion of the improvements shall be established by
the Town Highway Superintendent and confirmed by the Town Board.
(3)
No improvements shall be accepted by the Town for dedication until
one year from the date of completion has passed. During said one-year
probationary period, the applicant shall be responsible for all maintenance
and repair of the improvements proposed for the dedication.
(4)
At the end of the probationary period, the Superintendent shall conduct
an inspection of the improvements and verify to the Town Board the
improvements' integrity and functioning. Any deficiencies shall be
corrected by the applicant.
(5)
Following the probationary period and upon the final verification
by the Superintendent of compliance with this article, the Town Board
shall accept the improvements for dedication upon the receipt of the
following:
(a)
A maintenance guarantee in the amount of 25% of the cost of
the construction of the improvements as certified by the applicant's
professional engineer. Such guarantee shall comply with § 277
of the Town Law and shall be satisfactory to the Town Attorney as
to form, sufficiency, manner of execution and surety. The term of
the guarantee shall be for 12 months from the date of dedication.
Upon the failure of any of the improvements, the Town shall enforce
said guarantee and make any necessary repairs. If the proceeds of
the guarantee are insufficient to complete the repairs, the Town shall
institute legal or equitable action to recover the amount of the insufficiency.
(b)
Deeds for the rights-of-way of all improvements, which deeds
shall be of a bargain-and-sale type with covenants against grantors'
acts and shall transfer all lands in fee simple.
[Amended 4-12-1999 by L.L. No. 2-1999; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Improvements offered for dedication to the Town of Tusten shall be constructed to the standards contained in this § 236-4 and Chapter 241, Subdivision of Land, of the Town Code. In cases of inconsistency between the standards of this article and Chapter 241, the more stringent standard shall apply.
A.
Right-of-way. Rights-of-way shall be provided as follows for roads/streets as defined by Chapter 241, Subdivision of Land, of the Town Code:
|
Type of Road/Street
|
Minimum Right-of-Way Width
(feet)
|
|---|---|
|
Major
|
60
|
|
Collector
|
60
|
|
Minor
|
60
|
|
Alley
|
25
|
B.
Geometric requirements.
(1)
All roads/streets shall be designed following generally accepted
highway engineering principles.
(2)
Road/Street jogs with center-line offsets of less than 125 feet shall
be avoided.
(3)
In general, all roads/streets shall join each other so that, for
a distance of at least 150 feet, the road/street is approximately
at right angles to the street it joins.
(4)
The road/street plan shall bear a logical relationship to the topography
of the property; and if building sites are proposed along said proposed
road/street, the road/street shall be arranged so as to obtain as
many of the building sites as possible at or above the grade of the
roads/streets.
(5)
Road/Street grades.
(a)
(b)
The gradients of roads/streets shall be not less than 0.5% without
curbs and gutters, and 0.3% with curbs and gutters. On roads/streets
where curbs, gutters and sidewalks are not required, there shall be
a berm.
(d)
All road/street right-of-way lines at intersections shall be
rounded by curves of at least twenty-foot radius, and curbs, if required,
shall be adjusted accordingly.
(e)
A tangent of at least 100 feet shall be introduced between reversed
curves on all roads/streets.
C.
Construction.
(1)
General.
(a)
The applicant shall establish and clearly mark the side of the
limits of the right-of-way, and location and elevation of drainage
structures. Such markers shall be maintained at the applicant's
expense until construction of roadway, drainage and shoulder have
been completed and accepted by the Town of Tusten.
(b)
Concrete monuments or other permanent markers shall be installed
every 300 feet on both sides of the right-of-way.
(c)
Unless otherwise directed in writing by the Town Superintendent,
final grading of the right-of-way and construction of road/street
pavement shall be delayed until all utilities, including house connections,
have been installed and backfill in trenches has thoroughly settled.
Earth shoulders and flow lines of ditches shall be maintained at all
times at the applicant's expense during the course of construction.
(d)
Samples of materials to be used in the construction of the roadway
shall be furnished to the Town Superintendent. The applicant shall
be required to pay for any standard engineering tests which the Town
Superintendent shall deem necessary.
(e)
The Town Superintendent shall be granted full access to any
construction taking place under these specifications and shall be
allowed to take any standard engineering field test which may be appropriate.
(f)
All thicknesses called for are compact thicknesses.
(h)
Guide rails shall be installed in accordance with the latest
New York State Department of Transportation requirements.
(i)
All signs installed shall be in conformance with the New York
State Manual of Uniform Control Devices.
(2)
Earthwork.
(a)
Clearing and grubbing. Clearing and grubbing shall consist of
clearing the area of all trees, down timber, snags, brush and other
vegetation and shall include grubbing stumps or roots. The area to
be cleared and grubbed shall be limited to that area to be covered
by the roadway proper, shoulders, side slopes and ditches. All cleared
materials shall be removed from the development or burled in a lot
unsuitable for a building or otherwise disposed of in a manner approved
by the Town Board.
(b)
Subbase. All rock and boulders larger than six inches in diameter
shall be excavated six inches below the finished subgrade of the roadway.
All topsoil or otherwise soft or unstable materials shall be removed
from within the roadway, shoulders and ditches and shall be replaced
with suitable borrow. Fill required to complete the approved grades
shall be acceptable to the Town Board.
(3)
Road/Street section. Cut and fill slopes in earth shall be not less
than 1 on 2. Subbase, at least 30 feet in width, shall consist of
a bottom course of at least 12 inches of ROB gravel and a top course
of at least six inches of well-graded ROB gravel or washed gravel
with no particles of material larger than two inches in diameter.
The subbase shall be crowned, shaped to a smooth grade and well compacted.
(4)
Surfacing.
(a)
Base course shall be 12 inches thick, 30 feet wide and will
consist of either eight inches of shale (shale to be approved by the
Highway Superintendent) with four inches of processed gravel (two-inch-maximum
stones) on top or bank-run gravel with maximum stone size of six inches.
Upon installation of the base, 5/10 of a gallon of MC 30 road oil
per square yard shall be applied. Gravel base with MC 30 coating shall
be allowed to settle for at least one year before pavement is put
on.
(b)
Pavement. Pavement shall be two inches thick (compacted), of sufficient width to meet standards provided in Chapter 241, Subdivision of Land, of the Town Code, and consist of one of the following:
[1]
A penetration pavement consisting of two inches of No. 2 crushed
stone coated with at least one gallon per square yard of MC 3000 road
oil and blotted with No. 1 crushed stone. Surface is to be coated
with 4/10 of a gallon per square yard of MC 3000 road oil and blotted
with sufficient No. 15 crushed stone to prevent bleeding.
[2]
A cold-mix pavement consisting of No. 2 stone mixed with latex
MP emulsion at 13 gallons to 20 gallons per ton (amount varies in
order to provide coating of different type stones) in an approved
motor paver, then blotted with No. 1 stone to fill the voids and sealed
with RS-2 emulsion at 0.4 gallon per square yard, No. 1S stone at
12 pounds per square yard.
[3]
An asphaltic concrete pavement consisting of one two-inch course
of dense binder and sealed with RS-2 emulsion at 0.4 gallon per square
yard and No. 1S or 1A stone at 12 pounds per square yard.
(5)
Design and construction of drainage structures.
(a)
All drainage facilities with waterway area of 25 square feet
or less shall be designed to accommodate runoff for a storm of five-year
frequency.
(b)
Drainage structures with a waterway area over 25 square feet
will be designed by a professional engineer and shall be capable of
carrying the runoff from a storm of ten-year frequency.
(c)
In no event shall the diameter of any sluice pipe be less than
15 inches.
(d)
Drainage channels shall be designed following generally accepted
hydraulic engineering principles. Channels shall be normally of trapezoidal
cross-section with side slopes of two feet on one foot.
(e)
The banks on both sides of drainage facilities and bridges servicing
a stream or larger watercourse shall have rip-rapped construction
of the banks beyond the head walls. The amount of rip-rap required
shall be determined by the Town Highway Superintendent.
(6)
Turf establishment. All areas designated for turf establishment by
the Town Highway Superintendent shall be seeded, fertilized, limed
and mulched.
(7)
Signs and road/street names. Any proposed road/street name shall
be approved by the Town of Tusten. In general, roads/streets shall
have names and not numbers or letters. The applicant shall pay for
the cost of approved road/street signs and sign posts.
(8)
Utilities.
(a)
Wherever possible, utilities shall be underground and shall
be placed in the road/street right-of-way between the ditches and
outside boundary of the right-of-way to simplify location and repair
of lines when they require attention.
(b)
Whenever it is necessary that utilities cross the roadway, they
shall do so at a right angle to the roadway.
Variations to the standards contained herein may be approved
by the Town Board on the recommendation of the Town Highway Superintendent
in cases where unreasonable hardship would result from strict application
of the standard.
A.
Interpretation. In their interpretation and application, the provisions
of this article shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare.
B.
Conflict. This article is not intended to interfere with, abrogate,
or annul any other law, rule or regulation, statute or provision of
law. Where any of the provisions of these regulations impose restriction
different than any other law, rule or regulation or other provision
of law, whichever provisions are more restrictive or impose higher
standards shall control.
