[HISTORY: Adopted by the Town Board of the Town of Austerlitz
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-2000 by L.L. No. 2-2000]
The following standards for the design and construction of Town
roads, private roads and driveways in the Town of Austerlitz are hereby
adopted.
A.
General Town road requirements.
(1)
All Town roads constructed after the date of the adoption of this article shall have a minimum right-of-way of 50 feet, which right-of-way shall be wider in areas requiring more area for slope maintenance. The paved surface shall be a minimum of 20 feet wide, consisting of two shoulders and ditches, each having a combined minimum width of five feet. The subbase must be approved by the Highway Superintendent and Town Engineer prior to the installation of gravel. The road base shall consist of a minimum of 12 inches compacted depth of bony bank-run gravel or hard shale to be approved by the Highway Superintendent. Over top, the stone or shale will consist of a minimum of six inches of compacted processed gravel (Subsection D). The Town Engineer may specify up to 18 inches of gravel and road fabric in road areas.
B.
Drainage ditches.
(1)
Ditches must be properly cut to 18 inches below the surface of the
roadway to allow adequate drainage. On hills, as specified by the
Highway Superintendent and Town Engineer, ditches shall be lined with
stone six inches in diameter.
(2)
All culvert pipes shall be sized by the developer's engineer and
be approved by and be of materials acceptable to the Town Engineer,
sufficient to handle the flow from a twenty-five-year storm event.
Culverts shall be installed, with a minimum culvert of 12 inches in
slopes of not less than 5% (1% is desirable). All drainage improvements
shall be reviewed and approved by the Highway Superintendent in consultation
with the Town Engineer.
C.
Angle of intersection. In general, all roads shall intersect perpendicularly
for a distance of at least 100 feet.
D.
Top surface.
(1)
The top surface of the paved roadway shall consist of 2 1/2
inches of dense binder (Type 2 asphalt) rolled with a ten-ton roller.
(2)
A one-and-one-half-inch top course (Type 6F asphalt) shall then be
applied and rolled with a ten-ton roller.
(3)
All roads must be properly crowned with the cross slope of 1/4 inch
per foot.
(4)
The Planning Board may allow the substitution of motor paving to
a compacted depth of four inches in lieu of hot-mix asphalt.
(5)
In developments in which lots are sold and developed over a long
period of time, paving of roads may be phased (subject to the approval
by the Planning Board) so that pavement is required to be completed
only as far as the farthest developed lot on the road.
E.
Shoulders. Shoulders shall be constructed of compacted bank-run gravel,
with a surface consisting of a three-fourths-inch-per-foot cross slope.
F.
Dead-end roads. The maximum length of a dead-end road is 1/2 mile.
All dead-end roads shall end in a cul-de-sac with a fifty-foot radius
to provide adequate area for snow plows, fire trucks and other maintenance
equipment.
G.
Watercourses.
(1)
Where a watercourse separates a proposed road from abutting property,
provisions shall be made for access to all lots by means of culverts
or other structures designed to handle a twenty-five-year storm event,
to be approved by the Highway Superintendent in consultation with
the Town Engineer.
(2)
Where a subdivision is transversed by a watercourse, drainageway,
channel or stream, a twenty-foot-wide stormwater easement or drainage
right-of-way shall be provided as may be required by the Town Highway
Superintendent in consultation with the Town Engineer.
H.
Grades, changes of grade and curves. The maximum grade for a Town
road shall be 10%. The average grade shall be no more than 8%, with
the grade not exceeding 3% of the first 50 feet of roadway. All changes
of grade in said roadway will be accomplished with a vertical curve
of at least of 100 feet in length. Radius of curves shall be 200 feet
minimum.
I.
Visibility of intersections. In order to provide visibility for traffic
safety, that portion of any corner lot (whether at an intersection
entirely within the subdivision or of a new road with an existing
road) which is shown shaded on Sketch A, annexed hereto and made a
part hereof,[1] shall be cleared of all growth (except isolated trees)
and obstructions above the level three feet higher than the center
line of the road. If directed, ground shall be excavated to achieve
visibility.
[1]
Editor's Note: Sketch A is included at the end of this chapter.
J.
Guide rails. All new roadways shall have embankments of slope not
greater than one on three (one vertical, three horizontal). Slopes
that are steeper than one on three will require the installation of
a guide rail, which shall meet the requirements of NYSDOT Standard
Specifications, Section 606.
K.
Road names. All roads must be named with names that are substantially
different so as not to be confused in sound or spelling with present
names. All project plans shall have road names on them prior to final
approval by the Planning Board. All road names must be approved by
the Town Board and then be filed with county. All roads must have
road signs erected and maintained.
L.
Performance bond. The Planning Board shall require a developer to
provide a performance bond by a surety or other security acceptable
to the Planning Board to secure the complete construction of any road
that would be dedicated to the Town.
M.
Enforcement. The Town Highway Superintendent or other designee, in
consultation with the Town Engineer, shall (at the developer's expense)
inspect the completed road for conformance with the approved plans
prior to acceptance of the road by the Town Board and during such
phases of construction as the Town deems appropriate. Each Town road
shall be built so as to have standard cross sections generally in
accordance with Sketch B, annexed hereto and made a part hereof.[2]
[2]
Editor's Note: Sketch B is included at the end of this chapter.
A.
Applicability. The within private road specifications are applicable
to developments containing a maximum number of five building lots
per access to a public road. For all developments containing six or
more building lots, the specifications concerning Town roads shall
be applicable.
B.
Dimensions. All private roads shall have a minimum right-of-way width
of 50 feet. For all developments containing three building lots or
less, the minimum travel surface in the said right-of-way shall not
be less than 16 feet in width. For all developments containing four
or five building lots, minimal travel surface within said right-of-way
shall be a minimum of 18 feet in width. All private roads shall have
a turnoff or passing zone for every 400 feet of length of roadway.
Each turnoff or passing zone shall be a minimum of 30 feet in length
and shall provide an additional eight feet in width so that the width
of the travel surface through the passing zone shall consist of a
minimum of 24 feet.
C.
Maintenance agreements; homeowners' association. The Planning Board
will require a maintenance agreement or a homeowners' association
for the maintenance of a private road as a condition of any subdivision
approval.
D.
Performance bond. The Planning Board may require a developer to provide
a performance bond by a surety or other security acceptable to the
Planning Board to secure the complete construction of any road that
would be dedicated to the Town.
E.
Maximum length. The maximum length of a dead-end private road shall
be 1/2 mile, ending in a cul-de-sac with a fifty-foot radius or an
L-shaped turnaround that meets with the approval of the Highway Superintendent.
F.
Maximum number of parcels. The maximum number of parcels allowed
on any private road with a single access to a public road is five.
A development that is served by a series of private roads that have
a single access to a public road may not serve more than five parcels.
The development of more than five parcels would require direct access
to a public road. This additional access must be at least 1,500 feet
from any other access road serving the development. The within requirement
shall be applicable for every additional five building lots or parcels.
G.
Grades, changes of grade and curves. The maximum grade for a private
road shall be 10%, averaged over a distance of 500 feet. In no case
shall the grade exceed 15%. The grade shall not exceed 3% for the
first 50 feet of roadway. All changes of grade in said roadway will
be accomplished with a vertical curve of at least 100 feet in length.
Radius of curves shall be 200 feet.
H.
Dedication of private roads as Town roads. Nothing herein shall be
construed to mean or require the Town to accept private roads for
dedication. However, if the owner of a private road is desirous of
having a private road dedicated to the Town, he or she is responsible
for the upgrading of that private road to Town road specifications,
including grading, widening and paving, prior to making such dedication
offer. Formal Town acceptance of any such private road can be made
only after inspection by the Highway Superintendent, in consultation
with the Town Engineer, and action by the Town Board.
I.
Private road specifications. Private roads must meet all other specifications
for a Town road except for the paving of the road surface.
J.
Plan review. Before any subdivision approval is granted, the Planning
Board may elect to have the proposed road design reviewed by the Highway
Superintendent and/or the Town Engineer to determine that the private
road, as designed, meets the Town's design and construction standards
as set forth herein. Each private road shall be built so as to have
standard cross sections generally in accordance with Sketch C, annexed
hereto and made a part hereof.[1]
[1]
Editor's Note: Sketch C is included at the end of this chapter.
K.
Intersections. Where a private road intersects a paved road, it shall
be paved for a distance of 50 feet from the edge of the intersection.
[Amended 8-14-2008 by L.L. No. 1-2008]
The Planning Board, upon specific request and by specific resolution, including a statement of findings, may waive and/or vary any portion of § 160-2 relative to Town roads, § 160-3 relative to private roads and § 160-4 relative to single driveways,[1] subject to the approval of the Town Board and the Highway Superintendent. The Town Board, upon specific request and by specific resolution, including a statement of findings, may, without resolution from the Planning Board, waive and/or vary any portion of § 160-2 relative to Town roads. The statement of findings shall include, but not be limited to, written recommendations from the Town Engineer and Highway Superintendent. Waivers and variances may be subject to appropriate conditions and guarantees. Waivers and variances shall be specific to particular applications, shall be consistent with the intent of this article, and shall be made only upon a finding of the Town Board that the interests of justice will thereby be served without impairing the public health, safety and general welfare. Waivers and variances shall not nullify the intent of this article and shall only be given when, in the judgment of the Town Board, sections of this article are deemed inappropriate and when the interests of the public health, safety and general welfare of the Town are not served by strict compliance with the standards in this article.
[Adopted 5-15-2014 by 160L.L. No. 1-2014]
It is the policy of the Town of Austerlitz to further the safe
access to properties and roads within the Town of Austerlitz and to
ensure that private driveways facilitate the proper drainage of surface
waters and stormwater runoff so as to not be detrimental to the Town's
drainageways and systems and to further the public health, safety
and general welfare. The purpose of this article is to provide a process
for review of new and existing driveways and to provide minimum requirements
and standards for driveway construction and maintenance in furtherance
of the aforesaid policy.
The requirements of this article shall apply to all new and
existing driveways accessing public and approved private roads in
the Town of Austerlitz. Driveways proposed onto state highways also
require approval from the state Department of Transportation (DOT)
and driveways proposed onto county highways also require approval
from the Columbia County Department of Public Works (DPW).
A.
For access
onto any public road:
(1)
General
standards. A driveway servicing one residence or parcel of real property
shall have a minimum width of travel surface of 12 feet and be configured
and situated so that vehicles are able to turn around and exit the
premises without backing onto a main road. A turnoff or passing zone
must be built into the driveway for every 400 feet of length, which
turnoff or passing zone shall be at least 30 feet in length and shall
provide an additional eight feet of width. A driveway servicing more
than one residence or parcel of real property shall have a minimum
width of 18 feet. All driveways in excess of 150 feet in length shall
have an area such as a loop or hammerhead design so that vehicles
(including emergency vehicles) can turn around and exit the driveway
without backing down the driveway.
(2)
Finished
grade. All access grades within 30 feet of the road's driving surface
should be no more than 2% and in no case more than 3%. Any grade beyond
this thirty-foot point shall not exceed 15%.
(3)
Access
grades shall be constructed to slope downward from the edge of the
road surface to the existing drainage ditch line at a rate of 3/4-inch
per foot.
(4)
Ditching
and drainage facilities shall be adequate along length of driveway
to accommodate runoff and not affect adjoining properties or roads.
B.
For access
onto Town roads:
(1)
The
angle of all new driveways accessing Town roads shall be between 80°
and 90° for a minimum distance of 20 feet from the edge of the
Town road's driving surface.
(2)
The
return radius between the edge of the driveway and the edge of the
existing Town road's driving surface shall be a minimum of 15 feet
on each side of the driveway.
(3)
Driveways
shall have an adequate sight distance in each direction meeting the
requirements of the Manual of Uniform Traffic Control Devices measured
20 feet back from the edge of the Town road's pavement at a forty-two-inch
eye height.
(4)
Sight
easements shall be provided across all driveway corners. No obstructions
to vision such as shrubbery, brush, trees, earth, fencing or structure
shall be permitted at the road intersections within the triangle formed
by the intersection of the road center lines and a line drawn between
points along such lines 30 feet distance from their point of intersection
and 10 feet back from the edge of the pavement of the road. This restriction
does not apply to United States Postal Service mailboxes.
C.
For access
onto state or county roads:
The curb cut and driveway requirements of the state or county
shall be adhered to in addition to the general standards set forth
in this section. If there is a conflict between jurisdictional requirements
or standards, the stricter requirements or standards shall apply.
A.
For driveways
accessing existing Town roads:
(1)
Driveways
for accessing single residential parcel or lot. Culvert pipe(s) shall
be new and supplied by the property owner. Prior to construction.
applicants shall contact the Town Highway Superintendent for specifications
of the size of pipe and materials. Once the culvert pipe has been
delivered and is available at the property for installation, the Highway
Department shall be responsible for its proper installation. Such
installation shall occur within a reasonable time after the culvert
pipe is available at the property for installation. The Town will
bear the cost of installing the culvert pipe to the extent that the
installation does not involve stream crossings or specialized equipment
and does not require more than one day of work by the Highway Department.
The property owner will be responsible for reimbursing the Town for
such additional costs if such are necessary.
(2)
Driveways
for accessing multiple residences or residential parcels or nonresidential
parcels. Driveway culverts shall be of such size and made of such
material with the appropriate wheel load rating standards as approved
by the Town Highway Superintendent. The culvert pipe shall be installed
at the owner's expense and shall be inspected and approved by the
Town Highway Superintendent after installation. The Highway Superintendent
may require the owner to supply engineering plans or reports to adequately
assess the amount of drainage flow in order to adequately size the
culvert and drainage system in which it is placed.
B.
For driveways accessing new roads. All driveway culverts and drainage systems shall be supplied and installed by the property owner at the property owner's expense. The new road and driveways accessing said new road shall comply with the requirements of § 160-3 of the Town of Austerlitz Code.
C.
For driveways
accessing state or county roads. The requirements of the state or
county, whichever applies, shall be adhered to. Cost of construction
or installation shall not be borne by the Town.
D.
For all
driveways.
(1)
For
any driveway, the Town Highway Superintendent reserves the right to
review the site and advise best management practices that shall be
set in place before and during construction.
(2)
Driveways
shall be constructed so that the entrance onto any state, county,
Town or private road is consistent with the Highway Superintendent's
requirements for safety and proper drainage.
(3)
Where
any driveway that predates the adoption of this article and subsequently
requires a culvert to be installed in order to rectify a drainage
issue affecting a Town road, the driveway culvert shall be ordered
and installed by the Highway Department and the property owner shall
reimburse the Town for 50% of the Town's costs for the culvert pipe
and installation.
A.
All driveways
within the Town of Austerlitz must be kept in good driving condition,
free and clear of surface water, debris or obstacles that prevent
or hinder access by vehicles, including, but not limited to, emergency
vehicles.
B.
Surface
water from driveways or onto driveways within the Town of Austerlitz
shall be diverted away from roads and road drainage systems to the
maximum extent practicable to avoid flooding or the ponding of surface
water on any road and any surface water that flows along or down a
driveway shall be diverted into the appropriate culvert or drainage
ditch or facility.
C.
All driveways
within the Town of Austerlitz shall be maintained in such a way as
not to cause any erosion or drainage to adjacent roads or property.
Privately owned ditches must be maintained in a manner that prevents
storm runoff from private drives from entering onto a Town road. The
Town will hold individual property owner(s) financially responsible
for any damage to Town roads relating from private drive runoff (i.e.,
washouts, debris, failure of proper ditch maintenance, drainage of
surface water onto surface of driveway, etc.).
Prior to the construction of a driveway that enters a Town, county. state or private road, approval must be obtained from the appropriate governing authority or agency, and a copy of such approval forwarded to the Code Enforcement Officer. Where a driveway enters a county or state road, a driveway permit from the Town of Austerlitz is still required and an inspection will be conducted in order to ensure that the design standards of § 160-8 of this article have been met.
A.
Application
for a driveway permit shall be filed with the Town Code Enforcement
Officer. A driveway permit application fee of $25 for residential
properties and $100 for nonresidential properties will be required
if the applicant has not secured a building permit.
B.
Prior
to construction, applicants shall arrange a time for the Town Highway
Superintendent to conduct an initial inspection to review the location
of the proposed driveway.
C.
Before
a driveway permit can be approved, a final inspection will be necessary
to verify that the requirements and standards of this regulation have
been met to the satisfaction of the Highway Superintendent.
D.
The Code
Enforcement Officer shall not consider a driveway permit application
for on-site construction until an initial driveway inspection has
been performed and an acceptable location has been sited. In order
for the Code Enforcement Officer to perform necessary inspections,
a passable driveway also must be constructed in the sited location
prior to the issuance of any building permit application for additional
on-site construction.
E.
The Code
Enforcement Officer shall not issue a certificate of occupancy until
the driveway is completed, inspected and approved by the Highway Superintendent.
F.
The person
to whom such permit is issued shall be responsible for all damages
caused to the road itself, any public utilities in the road; any cracked
or damaged sewer and water pipe shall be replaced with new pipe under
the supervision of the Highway Superintendent. Before the certificate
of occupancy can be issued, any damaged ditches, curbs, sidewalks,
or other improvements shall be repaired or replaced in as good condition
as before the construction commenced.
G.
No debris
shall be left in the Town road at the end of each workday.
H.
If any
excavation is caused in any Town street or highway relating to the
driveway construction, it shall be restored within the time granted
in the permit, with approved bank run gravel and shall be kept and
maintained level with the unexcavated portion thereof for a period
of one year from the date of the permit so that said excavated portion
shall be left in as good, substantial and permanent condition as before
the excavation; and if not so restored and maintained, the work shall
be done under the direction of the Superintendent of Highways and
the cost thereof shall be a lawful charge against the person to whom
the permit was issued. No person, persons, firm or corporation making
or having made any such excavation in or upon any street or highway
aforesaid, shall permit such excavation to remain open or uncovered
either day or night, without having or causing the same to be properly
barricaded by day and night and in addition thereto, shall place at
such location, flares, red lanterns or other warning devices, by night,
so as to properly warn all persons of the danger of such hole or excavation.
An applicant proposing a subdivision on a Town road shall not
receive final approval without first meeting with the Town Highway
Superintendent regarding the accessibility of each lot. The applicant
shall provide the Code Enforcement Officer with a signed letter from
the Highway Superintendent on his letterhead verifying that he has
inspected the site and has determined that each new lot can be adequately
accessed from a Town road.
A.
The permittee
on all nonresidential properties shall present to the Town certificates
of insurance evidencing the acquisition of liability insurance coverage
naming the Town as an additional insured on a noncontributory basis
with the minimum limits of coverage for bodily injury equal to $1,000,000
for each person injured, $2,000,000 for aggregate bodily injury resulting
from each occurrence, and $500,000 for property damage.
B.
Said insurance
shall be maintained throughout the term of the permit and the aforementioned
certificates shall provide for 30 days' notice to the Town prior to
cancellation of coverage.
C.
All persons
performing work under this permit are to be covered by workers' compensation
insurance and disability benefits insurances as required by state
law.
The permittee on all nonresidential properties shall present
to the Town a maintenance bond and/or a bank letter of credit in favor
of the Town in such amount as the Highway Superintendent, with the
advice of the Engineer serving the Town and/or the Attorney serving
the Town, shall recommend to the Code Enforcement Officer, dependent
upon the number and extent of the driveways being constructed pursuant
to such permit, guaranteeing compliance with the provisions of the
permit. At such time, if ever, that said bond or letter of credit
is expended, the permittee shall replace the same within five days'
written notice of the Town, failing which the permit shall be subject
to revocation.
The permittee on all nonresidential properties shall agree to
fully indemnify, defend, save and hold harmless the Town and all or
its departments, bureaus, divisions, boards, officers and employees
from and against any and all claims, costs, damages, expenses, charges,
risks, losses, lawsuits, judgments, executions, penalties, fines,
assessments or any other liability of any type arising out of, occurring
in connection with, or resulting from any and all activity to be performed
by permittee pursuant to said permit.
Any property owner who demonstrates that the application of
the requirements or standards of this article causes undue hardship
may apply to the Town Board of the Town of Austerlitz for relief and
upon such application, the Town Board, in its sole discretion, may
vary or waive one or more requirements of this article provided that
such variance or waiver is consistent with the policy and purposes
of this article.
This article shall be known and cited as the "Town of Austerlitz
Driveway Law."
Should any section, paragraph, sentence, clause or phrase of
this article be declared unconstitutional or unjust for any reason
by a court of competent jurisdiction, the remainder of this article
shall not be affected thereby.
All resolutions or ordinances or local laws or portions thereof of the Town of Austerlitz not consistent with this article in whole or in part shall be repealed. This article is intended to supersede and replace § 160-4, entitled "Driveways," of the Town of Austerlitz Code as adopted by Local Law No. 2 of 2000.
A.
A violation
of this article is an offense, punishable by a fine not exceeding
$250 per day of continuing violation.
B.
In addition
to the above-prescribed penalties, the Town Board may, in its discretion,
revoke any permit previously issued after a public hearing at which
the applicant shall have an opportunity to be heard, or in the alternative,
may also maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with this
article by injunction, abatement or otherwise compel cessation of
each violation, and obtain restitution to the Town for costs incurred
by the Town in remedying each violation. including but not limited
to reasonable attorney's fees.
