Town of Glenville, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Glenville 10-4-1989 (Ch. 37 of the 1966 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Department of Public Works — See Ch. 51.
Flood damage prevention — See Ch. 151.
Notice of defects — See Ch. 190.
Sidewalks — See Ch. 221.
Subdivision of land — See Ch. 242.
Water— See Ch. 259.
Zoning — See Ch. 270.
238a Pavement Detail 238b Catch Basin Detail 238c Catch Basin Grates

§ 238-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DEVELOPER
Any individual, firm, company, corporation or group engaged in developing land.
PUBLIC IMPROVEMENTS
Include but shall not be limited to roads and highways, storm sewers, water mains, laterals, sanitary sewers and laterals, sewage plants and any other improvements which provide a service within the Town of Glenville.
SECTION 180 TOWN HIGHWAY CONTINUATION OR EXTENSION
An extension or continuation, not to exceed 1/2 mile, of a Town highway currently in use and less than three rods wide.
[Added 7-20-2011 by L.L. No. 2-2011]
STANDARD SPECIFICATIONS
Standards Specifications - Construction and Materials, New York State Department of Transportation, January 3, 1976, as amended.
STREET
All property within the right-of-way lines in any roadway, thoroughfare or highway.
SUPERINTENDENT
The duly elected Superintendent of Highways of the Town of Glenville or his authorized deputy, agent or senior engineering technician.
TOWN
The Town of Glenville, County of Schenectady, State of New York.

§ 238-2 Permit required; application.

A. 
No person, firm, association or corporation shall install, construct or perform any work incident to the installation and/or construction of any public improvement upon real property in the Town of Glenville without first having obtained a permit therefor, to be issued by the Town Clerk with the approval of the Planning Board after certification by an engineer designated by the Town that the plans and specifications as submitted by the applicant comply with the specifications and requirements of the Town of Glenville. The fee for such permit shall be as fixed by the Town Board.
B. 
The application for such permit shall be made on the forms furnished by the Town of Glenville and shall contain such information as the designated engineer of the Town of Glenville shall require, to determine that the proposed improvement will conform to the specifications and requirements of the Town of Glenville for such proposed improvement.
(1) 
All applications shall be accompanied by a map or survey, together with profiles and specifications (six complete sets) prepared by an engineer duly licensed by the State of New York, one set of which shall be filed with the Town-designated engineer, the Superintendent of Highways, the Zoning Board of the Town of Glenville, the Assessor's office and the Town Clerk.
(2) 
The Town-designated engineer shall provide such applicant with a set of standard specifications and requirements of the Town of Glenville for such work, for which a per-copy charge as set from time to time by resolution of the Town Board shall be made,[1] and no work shall be performed except in accordance therewith.[2]
[1]
Editor's Note: See Ch. 139, Fees.
[2]
Editor's Note: Amended 4-5-2006 by L.L. No. 3-2006.
(3) 
No work shall be performed except under the supervision and inspection of an inspector designated by the Town Board. Street or road construction will be inspected when the subgrade has been completed, when the utilities have been installed, when the gravel base has been completed and during the paving of the road surface. Elevations will be strictly adhered to. Construction of public improvements other than street or road construction will be inspected at such stages of construction or installation as may be determined by the Town-designated engineer. Inspectors' fees for the above shall be set by the Town Board.
(4) 
All applications for the dedication of a street to the Town of Glenville shall be accompanied by a proposed deed thereof, together with a proper title search covering a period of at least 40 years up to the time the application is made, and also a tax search, a real property transfer gains tax affidavit and a certificate of completion by the Town Superintendent of Highways and/or the Town-designated engineer.

§ 238-3 Purpose.

The purpose of this chapter is to regulate the laying out and construction of streets in the Town of Glenville and outline the necessary improvements required prior to dedication as a Town highway.

§ 238-4 Conformance required; time frame for acceptance.

After the effective date of this chapter, no street will be accepted as a Town highway unless it shall conform to the regulations hereinafter provided. No street shall be accepted between November 1 and May 1 in any one year.

§ 238-5 Layout of streets.

The arrangement of streets shall be such to minimize hardship to adjoining properties, and no property shall be rendered inaccessible from an existing public street or from a proposed street in a subdivision for which a completion bond has been posted. The arrangement of streets in the subdivision shall provide for the entrance and continuation of principal streets from adjoining subdivisions and for the extension of principal streets into adjoining land which has not yet been subdivided. Such arrangement shall be required in order to facilitate fire protection, movement of traffic and the construction or extension, currently or as needed in the future, of necessary utilities and public services such as sewers, water and drainage facilities.

§ 238-6 Intersections.

Whenever an application for a permit to construct a street or highway within the Town of Glenville shall include streets or highways which, as proposed, shall intersect county streets or highways or state highways, no such permit shall be issued by the Town of Glenville for such construction until the approval, in writing, shall have been obtained by the owner or developer from the Schenectady County Superintendent of Highways or the New York State Department of Public Works, respectively, which approval shall include drainage facilities and permission to connect such proposed street with said county or state streets, roads or highways.

§ 238-7 Street width.

Streets shall have a minimum width of 60 feet with a paved width of 30 feet. This width shall be measured from lot line to lot line. Said widths shall be measured at right angles to the lot line on straight streets and on radial lines on curved streets. Additional width may be required by the Planning Board on streets expected to become main thoroughfares. However, when additional width is desired, the pavement shall be proportionately wider.

§ 238-8 Grades.

Grades of all streets shall conform to the general terrain and shall be no less than 1/2 of 1% nor more than 8%, except that streets with grades up to 10% may be approved by the Planning Board. A combination of steep grades and curved streets shall be avoided. All changes in grade shall be connected by vertical curves of such length and radius as will meet with the approval of the Superintendent of Highways, but in no case shall the following minimum standards be violated:
A. 
Minimum length of vertical curves: 200 feet but not less than 30 feet for each one-percent-algebraic difference of grade.
B. 
Minimum sight distance: 250 feet.

§ 238-9 Dead ends; culs-de-sac.

A. 
No dead-end streets without proper turnarounds are permitted.
B. 
The cul-de-sac shall terminate in a circular turnaround having a minimum radius of 60 feet for the outside property line. The outside pavement radius shall be 50 feet, and the pavement width shall be 24 feet, with the remainder being a grass median. A temporary turnaround easement of equal size must be granted at the end of any street being dedicated in sections. Such easement will be automatically terminated when the street is extended.

§ 238-10 Control strips.

There shall be no reserve control strip along or at the end of proposed streets or temporary turnarounds affecting access of adjoining property except where control of such strips is definitely placed in the Town under the irrevocable offer to dedicate. When interior streets of a subdivision are dedicated to the Town, the stub streets which connect these interior roads to present or future adjacent subdivisions must be dedicated simultaneously.

§ 238-11 Rounding of street corners.

The property line at all street corners shall be rounded or otherwise set back sufficiently to allow a radius or tangent on the property line of 25 feet.

§ 238-12 Block design.

Each block shall normally be designed to provide two rows of lots, but irregularly shaped blocks indented by cul-de-sac streets and which contain interior parks will be accepted when properly designed. Block length generally shall not exceed 1,000 feet in length unless, due to unusual topographic conditions, the Planning Board accepts a longer distance. In long blocks, the Planning Board may require the reservation through the block of a twenty-five-foot wide easement to accommodate utilities and/or pedestrians.
A. 
Where a deflection angle of more than 10° occurs in a street line, a curve of a radius acceptable to the Superintendent of Highways is to be introduced into the roadway.
B. 
The developer or owner laying out said street must obtain all necessary easements or rights-of-way to take care of any surface water caused by reason of the development of said street and by reason of the installation of culverts or surface drains. Streets to be taken over by the Town of Glenville shall be approved by the Superintendent of Highways after such necessary easements or rights-of-way have been obtained and approved by the Attorney for the Town of Glenville. Such permanent drainage easement shall enter from the outlet of any culvert or ditch to a natural watercourse and be not less than 25 feet in width.
C. 
Additional improvements such as curbs, gutters and sidewalks may be required by the Planning Board of the Town of Glenville. Complete plans and specifications covering proposed improvement should be submitted to the Town Highway Superintendent and Town Planning Board for approval. No hedges, fences, walls or trees shall be installed in the street without the approval of the Superintendent of Highways. Construction of driveways or entranceways shall be approved by and installed under the direction of the Superintendent of Highways in order to conform to the established grade.
D. 
The developer shall furnish two sets of street signs and one twelve-foot mounting pole and necessary hardware for each intersection. The signs shall conform to the standard street sign in use in the Town and shall be installed by the Highway Department.

§ 238-13 Monuments.

Sufficient monuments shall be placed to properly reproduce each and every street laid out, and said monuments shall be so placed that the tops thereof shall be flush with the finished grade of the surrounding ground. Monuments set in concrete shall be set at all street corners, at curve points and angles in the street lines and at all angles in the boundary of land platted. The size of the monuments shall be not less than four inches in diameter and four feet in length. Granite monuments or a similar type may be used, provided that they are the proper size. All such monuments shall be marked with an "X" or center point indicating the exact point to be designated by said monument. Existence of these monuments will be checked and certified by a licensed land surveyor before dedication.

§ 238-14 Drainage.

A. 
Particular emphasis must be placed on adequate drainage. Excessive accumulation of surface water along the sides of streets shall be avoided. Storm drainage shall be provided so that in no case will surface water be carried in highway ditches more than 500 feet.
B. 
Storm sewer lines are to be located at the center line of the ditch, as shown on the Highway Cross Section.[1] Layout is to be approved by the Town Planning Board and Superintendent of Highways.
[1]
Editor's Note: The Highway Cross Section is included at the end of this chapter.
C. 
Storm sewers shall be installed so that each building lot and foundation drains for structures on said lot can be drained to the storm sewers or to a natural creek or stream.
D. 
Reinforced concrete pipe or corrugated iron or polyethylene or PVC and aluminum pipe shall be used throughout for all culverts or surface drains. Said pipe is to conform to the standard usage adopted by the Town Superintendent of Highways and/or the Town-designated engineer installed in accordance with Section 603 of the Standard Specifications. Minimum size of storm sewers shall be 12 inches. Ditches shall be surfaced with a suitable bituminous covering two inches or more in thickness and 20 feet in length on incoming drainage to catch basins and cross drains. A profile, in duplicate, approved by the Town-designated engineer, shall be filed with the Town Board, showing the grade and fall of surface water to be not less than one foot for every 100 feet and also showing the final disposition of flow.
E. 
All drainage structures and piping shall be installed after the street has been graded to subgrade and before the placement of the subbase.
F. 
Catch basins shall be precast reinforced concrete manhole units four feet in diameter with circular cross sections and shall conform to the Highway Cross Section, Catch Basin Detail.[2] The minimum depth of catch basins from the top of the casting shall be three feet eight inches. The casting shall be Campbell Foundry Pattern 1396 or equal. Openings in catch basin castings shall be rectangular in shape, with section modulus providing for heavy traffic loading. Catch basins shall be located directly opposite the subdivision property lines to avoid conflicts with driveways.
[2]
Editor's Note: The Catch Basin Detail is included at the end of this chapter.
G. 
Foundation drains, sump pump lines, roof drains and other surface drains must be connected to storm sewer pipes or discharge into a natural creek or stream. The above drains may not be allowed to discharge directly into a street ditch. Foundation drains may be permitted to connect in series to a larger drain line which may connect to a storm sewer. Each lot shall have a separate line, connection to the larger drain line in series to be accomplished within the roadway right-of-way. The eventual owner of the lot shall be responsible for that drain on his property.

§ 238-15 Utilities.

A. 
All utilities must be installed after the street has been graded to subgrade and before the subbase has been installed.
B. 
Water mains are to be generally located 17 feet from the property line of the street and laid at least five feet six inches from the center line of water main to finished grade. House laterals for each planned lot are to be installed to the property line at approximately the center of the same. All water main materials to conform with Glenville Water Department requirements.
C. 
Sanitary sewer mains are to be generally located eight feet from the property line of the street and on the opposite side from the water main and maintain approximately an eight-foot invert line. House laterals for each planned lot are to be installed to the property line at approximately 10 feet downgrade from the center of the same. Manholes shall be gasket-joint, precast-reinforced concrete, four feet in diameter with a circular cross section and a 1/2 pipe diameter formed through the invert. Sanitary sewer pipelines and manholes shall be watertight. Frame and covers shall be Campbell Foundry Number 1009 or equal. Covers shall be lettered “sanitary” and without vent holes.
D. 
Gas mains are to be located seven feet from the property line on the same side as the water with installed provisions to service opposite properties and maintain at least three feet of cover below the lowest street cross section elevation. Layout of mains and time of installation are subject to approval by the Superintendent of Highways. Sleeves will be required for all street crossings and they shall be installed after the street has been graded to subgrade and before the gravel base has been installed.
E. 
Underground electrical, telephone and television cables crossing the street shall be laid with a three-foot cover below the lowest street cross section elevation. Sleeves will be required for all street crossings, and they shall be installed after the street has been graded to subgrade and before the gravel base has been installed.

§ 238-16 Street construction.

Prior to acceptance by the Town, all streets shall be constructed according to the typical section on file in the office of the Town Superintendent of Highways.
A. 
The subgrade shall be prepared in accordance with Section 203 of the Standard Specifications. The width of the subgrade shall be equal to the final pavement width, including gutters, of 30 feet. The elevation of the subgrade is determined by the approved profiles for finished grades, minus all depths of pavement and subbase per highway typical section, or as approved by Superintendent of Highways and/or the Town-designated engineer.
B. 
After the subgrade has been approved, all utilities shall be installed in accordance with §§ 238-14 and 238-15 of this chapter, Chapter 270, Zoning, Chapter 242, Subdivision of Land, and the policies of special districts.
C. 
After all utilities have been installed and approved and proper compaction has been obtained, underdrains shall be installed when required by the Superintendent of Highways and/or the Town-designated engineer.
D. 
The subbase shall then be installed in accordance with the following specifications:
(1) 
A filter fabric, same or equal to AMOCO PROPEX 2002, shall be placed upon the completed subgrade for a width of 30 feet.
(2) 
Twelve inches of approved bank-run gravel compacted for the full width of the subgrade shall be installed.
(3) 
Notwithstanding the specifications contained herein, if, in the opinion of the Town Superintendent of Highways and/or the Town-designated engineer, the base of any street shall be such that the above specifications with respect to thickness of roadway shall be insufficient to provide a roadway capable of withstanding the ordinary estimated traffic, then and in that event, the Town Superintendent of Highways and/or the Town-designated engineer shall have the authority to change these specifications in accordance with the requirements of such base as in their judgment is necessary to withstand ordinary usage.
E. 
After the subbase has been installed and approved by the Superintendent of Highways and/or the Town-designated engineer, two inches of crusher-run material shall be placed and compacted and followed by three inches of Type 3 binder-asphalt concrete installed in accordance with Section 403 of the Standard Specifications. The width of the pavement, with gutters, shall be 30 feet. The Planning Board may require additional widths to meet special circumstances.
F. 
The final wearing surface shall be 1 1/2 inches of Type 6F top-asphalt concrete installed in accordance with Section 403 of the Standard Specifications. At the locations of all catch basin inlets, an eighteen-inch-wide paved wing shall be installed as indicated on the catch basin detail.
G. 
If and when combination curb and gutters are required by the Superintendent of Highways, the Town Planning Board and/or the Town-designated engineer, they shall be installed as an integral part of the subbase, binder and top course.
H. 
Upon the recommendation of the Superintendent of Highways and the confirmation of the Town Board, the asphalt concrete paving may be done in two stages. This procedure would permit the delaying of the final 1 1/2 inches of asphalt concrete wearing surface paving and allow building construction to take place prior to the completion of the road. This procedure would require the installation of the three-inch Type 3 binder-asphalt concrete in accordance with Section 403 of the Standard Specifications and the placement in escrow of sufficient funds by the developer to cover the cost of the 1 1/2 inches of asphalt concrete final paving. The Town would accept the road after the above two conditions and all other requirements of this chapter are fulfilled. Generally, the final paving would be completed within one year after acceptance of the road.

§ 238-17 Shoulder and road cuts.

[Amended 6-16-1999]
A. 
Permit required.
(1) 
Before any individual, person or persons, corporation or company shall make any excavation in or under any public right-of-way or public place within the Town of Glenville or initiates the repair or replacement of any right-of-way, an application shall be made to the Town Superintendent of Highways, stating the exact location of the proposed excavation.
(2) 
Accompanying said application shall be an application fee for a permit to perform excavations or disturbances within the Town's right-of-way and any such other information that the Town may require.
(3) 
This chapter and the fees set forth herein shall also apply to public utilities. In addition to the fee, a utility's application shall be accompanied by such maps and plans as may be required by the Town Superintendent of Highways.
(4) 
No excavation, as aforementioned, shall be made until a written permit has been issued by the Town Superintendent of Highways and the fee paid to the Town Clerk.
(5) 
Application for a permit shall be made in writing and shall be made to the Town Superintendent of Highways in a form required by the Town Board. After the permit has been issued and prior to any excavation, it shall be the applicant's responsibility to inform and receive approval from the Town Commissioner of Public Works or designee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Permits issued under this section shall be for a period not to exceed 10 days from the date of issuance of the permit, unless further extension is endorsed thereon by the Town Superintendent of Highways.
(7) 
No permits for pavement cuts will be made after November 15.
(8) 
New pavements which are cut by trenches or built upon fill will not be accepted by the Town of Glenville until the calendar year following the year in which such pavements have been built.
B. 
Fees. The Town Board of the Town of Glenville may, by resolution, establish a schedule of fees to be charged for road cuts in Town highways. Said schedule shall include but not be limited to fees for shoulder cuts, 1/2 road cuts, full road cuts and for similar cuts in varying widths.[2][3]
[2]
Editor's Note: See Ch. 139, Fees.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Excavation requirements.
(1) 
All excavation in paved areas shall be kept to a minimum. Only 1/2 of a paved roadway, right-of-way or public place shall be cut open at any open time.
(2) 
The applicant shall at all times take every precaution to see that safeguards, barriers and lights are placed around said excavation to give ample notice and warning. "Road Closed" signs and "Detour" signs shall be posted, if applicable.
(3) 
The surface of said right-of-way or public place shall be restored to as good a condition as prior to said excavation and to the approval of the Town Superintendent of Highways.
(4) 
The washing of lines under any highway or street is strictly prohibited.
(5) 
All earth from the excavation, rubbish and unused materials shall be immediately removed after the installation of the pipe or utility. After laying the pipe or utility in said ditch or excavation, the applicant shall immediately backfill with materials as stipulated by the Town Superintendent of Highways. The backfill is to be placed in layers of not more than six inches in thickness, and each layer is to be compacted to 95% of its maximum proctor density within five feet of the pavement edge. All other disturbed areas shall be compacted to the same density as the adjoining existing ground. After the backfill has been completed, it is to be kept flush with the pavement or existing roadway or street until such time as the permanent pavement of said right-of-way is replaced by the Town of Glenville Highway Department. The Superintendent of Highways shall replace the wearing surface of the right-of-way or public place, be it a gravel surface, a penetration surface or an asphalt surface as per the State Highway Law.
D. 
Liability. The party to whom the permit is granted, in consideration of the granting thereof, shall save the Town of Glenville, the Town Superintendent of Highways and any and all Town officials and employees harmless of and from any and all claims, actions and judgments of any kind whatsoever that may arise from any cause whatsoever due to the execution of the work allowed under the permit, either during its progress or subsequent thereto, for any damages suffered by any claimant either to person or property by reason of such excavation and work.
E. 
Examination and restoration by Town.
(1) 
Reimbursement for cost of restoration by Town of roadway after work is completed. As provided herein, the applicant, at the time of the application, must pay to the Town Clerk the application fee for the type of permit for which it is applying. This application fee shall cover all of the expenses to the Town of Glenville for the examination of the area to be excavated, inspection by the Town Superintendent of Highways and for repavement by the Town of the wearing surface of the right-of-way or public place where the work was performed.
(2) 
Failure to complete work or to properly perform in accordance with permit. In the event that the applicant shall fail to complete the work started or in the event that the applicant should fail to restore the surface of said right-of-way or public place to as near the condition as it was prior to said excavation (wearing surface excluded), the Town Superintendent of Highways shall immediately fill in said excavation and shall do whatever is necessary, in his or her opinion, to properly restore the surface of said right-of-way or public place to as near a condition as it was prior to said excavation; and, after the same has been completed, the Town Superintendent of Highways shall determine the cost of said restoration to the Town and, should the cost to the Town be more than the application fee, the applicant shall be liable for the difference.
F. 
Catch basins and storm sewer lines. The walls of catch basins and storm sewer lines shall not be cut without a permit therefor being obtained from the Superintendent of Highways. The application for said permit shall be on a form similar to that used for a highway cut and shall be accompanied by an additional fee as set from time to time by resolution of the Town Board[4] for each additional cut requested. There shall be no right to perform such work (cut into a catch basin or storm sewer) without the approval of the Superintendent of Highways.[5]
[4]
Editor's Note: See Ch. 139, Fees.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Penalties for offenses. Any person committing an offense against any provision of this section shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment. The continuation of an offense against the provisions of this section shall constitute, for each day the offense is continued, a separate and distinct offense.

§ 238-18 Issuance of building permits.

A. 
Upon approval of final plat and posting of a bond in accordance with Town Board requirements or upon certification of the completion or installation of all required improvements to the satisfaction of the Town Board and the posting of a bond in accordance with § 238-19, the subdivider may be issued building permits for the construction of buildings in accordance with the approved final plat, Chapter 270, Zoning, and the New York State Fire Prevention and Building Code.
B. 
No building permits shall be issued following revocation of approval of a final plat until another application for approval of the final plat has been filed and approval granted by the Planning Board.

§ 238-19 Performance and assurance bonds.

A. 
Bonds posted by the subdivider shall be in an amount determined by the Planning Board or other appropriate Town departments designated by the Town-designated engineer to cover the full cost of required public improvements.
(1) 
Such performance bonds shall be approved by the Town Attorney as to form, sufficiency, surety and manner of execution.
(2) 
Such performance bonds shall run for a term to be fixed by the Planning Board, but in no case for longer than three years. Such term may be extended by the Planning Board with the consent of the parties thereto.
(3) 
If the Planning Board shall decide at any time during the term of the performance bond that the extent of building development which has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond or improvements have been installed in accordance with § 277 of the Town Law and as required by the Planning Board in sufficient amount to warrant reduction in the face amount of such bond or the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such bonds, then the Planning Board may, upon approval of the Town Board and after due notice and public hearing, modify its requirements for any or all such improvements, and the face value of such performance bond shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board; and any security deposited with the bond may be reduced or increased proportionately.
(4) 
In the event that any improvements have not been installed as required by the Planning Board within the term of such performance bond, the Town Board may thereupon declare such bond to be in default and collect the sum remaining payable thereunder. On receipt of the proceeds thereof, the Town shall install the improvements covered by such bond which are commensurate with the extent of building development that has taken place in the subdivision, but not exceeding in cost the amount of such proceeds.
(5) 
If the Planning Board or any appropriate Town officer appointed by it finds upon inspection that any of the required improvements have not been constructed in accordance with the plans and conditions approved and specified by the Planning Board, then the subdivider and the bonding company, if any, shall be separately and jointly liable for the costs of completing said improvements originally specified by the Planning Board.
(6) 
Such performance bonds shall be released to the subdivider only upon certification by the Town-designated engineer that all required improvements have been satisfactorily completed.
B. 
The subdivider shall also post with the Town Clerk a bond in an amount determined by the Planning Board to be adequate to assure the satisfactory conditions of all required improvements for a period of one calendar year next following the date of certification of satisfactory completion, installation or construction of such improvements.
C. 
A bond in an amount sufficient to guarantee the proper grading of the property and the respreading of the topsoil shall be posted before issuance of a certification of occupancy.
D. 
A certificate by the Town Clerk shall be submitted to the Building Inspector that the subdivider has complied with one of the following alternatives:
(1) 
That all public improvements have been installed to the satisfaction of the Town-designated engineer and any other official or body authorized by law to act in accordance with requirements specified in Chapter 242, Subdivision of Land, not specifically waived by the Planning Board.
(2) 
That a performance bond or certified check in compliance with § 277 of the Town Law of the State of New York and Chapter 242, Subdivision of Land, and as outlined in this chapter has been posted in sufficient amount to assure such completion of all required improvements and is available to the Town of Glenville.
E. 
During the period the bond is in force, the developer shall be responsible for the maintenance of streets, and the following sign shall be erected: "NOTICE: Streets in this plot are being maintained by the developer. Upon completion and final inspection, they will be taken over by the Town of Glenville."

§ 238-20 Inspection and certification.

A. 
Adequate inspection shall be provided at all times and during all phases of construction and shall be done under the direction of the Superintendent of Highways and/or the Town-designated engineer.
B. 
The inspection service may either by provided by the Town or by an engineer approved by the Town. In either case, the cost of inspection shall be the responsibility of the developer. If the inspection service is provided by the Town, the cost will be based on the actual costs, payroll plus overhead, incurred by the Town.
C. 
Written certification by a New York State licensed professional engineer or land surveyor approved by the Town Board will be required, proving that subgrades are correct to established line and elevation, that all storm sewer catch basin rims, sanitary sewer manhole rims, water main valve box rims and any other service access devices are at established finish elevation and, upon completion of the road base prior to paving, that the established elevations of the bed are correct.
D. 
Written certification shall also be required for the gas company, telephone company, power company and any other utility company that their respective utilities have been installed in accordance with the provisions of this chapter. Common trench by utilities is acceptable with a submission of detail and approved by the Town-designated engineer.
E. 
The developer shall certify, in writing, under oath, that all requirements of this chapter have been complied with in the construction of a street offered to the Town for acceptance, said written certification to be filed with the Town Clerk prior to such acceptance.

§ 238-21 Modifications and waivers.

When the Town Board determines that extraordinary hardship would result from strict compliance with the provisions of this chapter because of an unusual circumstance of topography or other physical condition in the proposed location of a street, it may modify the requirements for said street. In addition, for good cause, this Town Board may waive compliance with the provisions of any part of this chapter in connection with the construction of a proposed street, said waiver to be by no less than a majority plus one of the full membership of the Town Board.

§ 238-22 Requirements for dedication of continuations or extensions.

[Added 7-20-2011 by L.L. No. 2-2011]
A. 
The requirements of Chapter 238 pertaining to dedication of new streets and §§ 242-29 and 242-30 notwithstanding, a Section 180 Town highway continuation or extension should, where practical, conform to the following standards:
(1) 
The minimum right-of-way width should be 48 feet or the maximum width of the highway to be extended or continued, whichever is less, deeded to the Town of Glenville, measured from lot line to lot line, and incorporating a typical roadway section of 20 feet of graded roadway for vehicular traffic and three-foot wide shoulder widths on each side of the travelled portion of the roadway. A lesser right-of-way or pavement width can be approved by the Town Board upon proof of facts and circumstances warranting same, upon the recommendation of the Town Superintendent of Highways and the Town Planning and Zoning Commission.
(2) 
Grades of such highways shall conform to the general terrain and shall be no less than 1/2 of 1%, nor more than 10%, except in cases of unusual terrain or other features where the Planning and Zoning Commission has granted a waiver, upon the recommendation of the Superintendent of Highways.
(3) 
All such highways shall have adequate drainage, including necessary inlet and outlet ditches. Reinforced concrete pipe, corrugated aluminum pipe (sixteen gauge minimum), ADS N-12 HDPE (high-density polyethylene pipe) or PVC (SDR 26 or 35) shall be used for all culverts and surface drains. All drainage problems must either conform to or be corrected to the specifications of the Superintendent of Highways. Drainage easements may be required by the Town of Glenville where necessary.
(4) 
The roadway of such highways shall be filled to a minimum depth of 12 inches with crusher run No. 2 or No. 3. The material shall be placed in accordance with the requirements of § 304-3.02 of the NYSDOT Standard Specifications of May 1, 2008, or any subsequent amendment thereto. All work must be approved by the Superintendent of Highways or his designee. A filter fabric, same or equal to AMOCO PROPEX 2002 shall be placed upon the completed subgrade for a width of 20 feet.
(5) 
After the top layer of the gravel subbase has been shaped, compacted and cleaned of all loose material and debris, it shall be reviewed for approval by the Superintendent of Highways. Following his approval, the roadway shall be reviewed for dedication by the Town Attorney and the Town Board.
(6) 
In all other respects, the standards set forth in Chapter 238 and §§ 242-29 and 242-30 of this Code should be applied to a Section 180 Town highway continuation or extension wherever reasonable and practical in the judgment of the Town Superintendant of Highways, after consultation with the Planning and Zoning Commission.