[HISTORY: Adopted by the Town Board of the
Town of Concord as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-13-1981 by L.L. No. 1-1981]
[Amended 9-13-1995 by L.L. No. 3-1995]
No civil action shall be maintained against
the Town of Concord (hereinafter referred to as the "Town") or the
Town Superintendent of Highways of said Town or against any improvement
district in the Town for damages or injuries to person or property
sustained by reason of any highway, sewer, sewer lines and sewer tanks,
bridge, culvert, highway marking, sign or device or any other property
owned, operated or maintained by the Town or any other property owned,
operated or maintained by any improvement district therein being defective,
out of repair, unsafe, dangerous or obstructed unless written notice
of such defective, unsafe, dangerous or obstructed condition of such
highway, bridge, culvert, highway marking, sign or device or any other
property owned, operated or maintained by the Town or any property
owned, operated or maintained by any improvement district was actually
delivered to the Town Clerk of the Town and there was a failure or
neglect within a reasonable time after the delivering of such notice
to repair or remove the defect, danger or obstruction complained of,
and no such action shall be maintained for damages or injuries to
persons or property sustained solely in consequences of the existence
of snow or ice upon any highway, bridge, culvert or any other property
owned by the Town or any property owned by any improvement district
in the Town unless written notice thereof, specifying the particular
place, was actually delivered to the Town Clerk of the Town and there
was a failure or neglect to cause such snow or ice to be removed or
to make the place otherwise reasonably safe within a reasonable time
after the receipt of such notice or, in the absence of such notice,
unless such defective, unsafe, dangerous or obstructed condition existed
for so long a period that the same should have been discovered and
remedied in the exercise of reasonable care and diligence.
No civil action shall be maintained against
the Town and/or the Town Superintendent of Highways of the Town for
damages or injuries to persons or property sustained by reason of
any defect in the sidewalks of the Town or in consequence of the existence
of snow or ice upon any of its sidewalks unless such sidewalks have
been constructed or are maintained by the Town or the Superintendent
of Highways of the Town pursuant to statute, nor shall any action
be maintained for damages or injuries to person or property sustained
by reason of such defect or in consequence of such existence of snow
or ice unless written notice thereof, specifying the particular place,
was actually given to the Town Clerk of the Town and there was a failure
or neglect to cause such defect to be remedied or such snow or ice
to be removed or to make the place otherwise reasonably safe within
a reasonable time after the receipt of such notice.
[Amended 9-13-1995 by L.L. No. 3-1995]
The Town Clerk of the Town shall keep an index
record, in a separate book, of all written notices which the Town
Clerk shall receive of the existence of a defective, unsafe, dangerous
or obstructed condition in or upon, or of an accumulation of ice and
snow upon, any Town highway, bridge, culvert or sidewalk or any other
property owned by the Town or by any improvement district, which record
shall state the date of the receipt of the notice, the nature and
location of the condition stated to exist and the name and address
of the person from whom the notice is received. All such written notices
shall be indexed according to the location of the alleged defective,
unsafe, dangerous or obstructed condition or the location of accumulated
snow or ice. The record of such notice shall be preserved for a period
of five years from the date it is received. The Town Clerk, upon receipt
of such written notice, shall immediately and in writing notify the
Town Superintendent of Highways of the Town of the receipt of such
notice.
Nothing contained in this article shall be held
to repeal or modify or waive any existing requirement or statute of
limitations which is applicable to these causes of action, but, on
the contrary, the requirements hereof shall be held to be additional
requirements to the right to maintain such action, nor shall anything
herein contained be held to modify any existing rule of law relative
to the question of contributory negligence nor to impose upon the
Town, its officers and employees and/or any of its improvement districts
any greater duty or obligations than that it shall keep its streets,
sidewalks and public places in a reasonably safe condition for public
use and travel.
[Adopted 11-13-1989]
These regulations state the basic requirements
to which the Town Board will adhere for the creation of new roads,
subject to modifications as individual circumstances may be constructively
discussed, pending final acceptance.[1]
[1]
Editor's Note: The authority for these requirements
was stated as follows: "At a meeting of the Town Board of the Town
of Concord, Erie County, New York, held on November 13, 1989, the
following resolution was adopted by the Town Board of the Town of
Concord: `Resolved that the Board adopt the following standards for
road developments which are to be improved by others and offered to
the Town for incorporation into the Town highway system. This resolution
becomes effective immediately, and all previous standards contained
in the Subdivision Regulations dated November 13, 1967, together with
any other Town standards, are hereby rescinded.'"
For the purpose of these regulations, which
shall be known and may be cited as "Road Regulations," certain words
used herein are defined as follows:
The Town Board.
Any person, group or agency desirous of building and/or improving
a road and turning it over to the Town.
The representative directly contracted by the Town and legally
licensed to practice engineering by the State of New York.
The map established by the Town Board showing the streets
and highways theretofore laid out, adopted and established by law
and any amendments thereto adopted.
A way for vehicular traffic, whether designated as a street,
highway or thoroughfare, parkway, thruway, road, avenue, boulevard,
lane, place or however otherwise designated.
ARTERIAL STREETS AND HIGHWAYSThose used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major systems of arterial streets and highways, including the principal entrance streets of a residential development and principal streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose parallel to and adjacent to the arterial streets and highways and which provide access to abutting properties and protection from through traffic.
The current specifications of the New York State Department
of Transportation (NYSDOT).
A.
Application. Whenever a developer proposes to offer
a road to the Board for acceptance into the Town highway system, applications
shall be made in writing to the Board in order to commence proceedings
for such acceptance.
B.
Procedure for approval of design.
(1)
The developer shall employ the services of an engineer
licensed in the State of New York to prepare and submit three copies
of plans and specifications with an engineering report outlining the
project and objectives to the Town Clerk, with written application
for approval. Such data shall be forwarded to a professional engineer,
contracted by the Town, who will review the submittal with the Superintendent
of Highways. The submittals will then be forwarded to the Board with
recommendations.
(2)
Following review of the above submittals, the Board
shall act thereon as submitted or as modified. If the submittal is
satisfactory, the Board shall approve the plan and state the specific
conditions of such approval. If the submittal is unsatisfactory, the
Board shall state the reasons for its disapproval and return one copy
to the developer for redesign and resubmittal.
A.
The developer shall consider all aspects of good road
development and design to ensure proper traffic flow, drainage and
public safety.
B.
When street lines deflect from each other at any one
point by more than 10°, they shall be connected by a curve with
a radius at the center line of not less than 250 feet for minor and
collector streets and of such greater radii as the Board shall determine
for special cases.
C.
Streets shall be laid out so as to intersect as nearly
as possible at right angles, and no street shall intersect any other
street at less than 75°. Any change in street alignment to meet
this requirement shall occur at least 200 feet from the intersection.
D.
Where required by the Board, property lines at street
intersections shall be rounded with a radius of 25 feet, with a greater
radius where the Board may deem it necessary. The Board may permit
comparable cutoffs or chords in place of rounded corners.
E.
Street right-of-way widths shall be not less than
as follows:
|
Street Type
|
Right-of-Way Width
(feet)
| |
|---|---|---|
|
Arterial
|
80 to 120*
| |
|
Collector
|
66 minimum
| |
|
Minor
|
50 minimum
| |
|
Marginal access
|
50 minimum
|
|
*NOTE: Not including right-of-way for marginal
access streets, if any.
|
F.
Half-width roads will be accessible only when the
boundary coincides with the boundary of a recorded plat on which a
half-width road or alley is presently dedicated.
H.
No street names shall be used which will duplicate
or likely be confused with names of existing streets. Street names
shall be subject to the approval of the Board.
A.
Drawing standards.
(1)
The road and drainage plans submitted by the developer
shall be complete enough to be used as construction plans for the
roads and drainage. Plans shall be approved by the Board prior to
the start of the construction. All plans shall be prepared by a professional
engineer licensed in New York State.
(2)
Plans shall be printed on standard sheets (24 inches
x 36 inches). The scale shall be one inch equals 50 feet or larger.
Where necessary, the plans shall be on several sheets. The plans shall
include all necessary information to determine compliance with this
regulation and to be used for construction. Data shall include, but
not be limited to:
[Amended 9-13-1995 by L.L. No. 3-1995]
(a)
Primary control points, approved by the engineer,
or description and ties to such control points, to which all dimensions,
angles, bearings and similar data on the plan shall be referred.
(b)
Tract boundary lines and right-of-way lines
of existing and proposed streets, easements and other rights-of-way,
with accurate dimensions, bearings or deflection angles, and radii,
arcs and central angles of all curves.
(c)
Location and description of monuments, lot corner
markers and bench marks.
(d)
Certification by a licensed professional engineer
(including name, address, New York State license number and seal certifying
the accuracy of the plan).
(e)
Title, scale, North point and date.
(f)
Plan and profile containing complete horizontal
and vertical curve data and all rim and invert elevations, as required.
B.
Construction standards.
[Amended 6-9-2005 by L.L. No.
2-2005]
(1)
Monuments shall be placed at all corners, angle points
and points of curves in the road and at intermediate points as required
by the Town. Monuments and markers shall be steel rods of three feet
minimum length and 1/2 inch minimum diameter or as approved by the
engineer.
(2)
Permanent bench marks shall be established to United
States Geological Survey (USGS) datum. At least two bench marks will
be required. No point in a road shall be more than 500 feet from a
permanent bench mark.
(4)
The traveled surface width shall be 20 feet. It shall
consist of a granular subbase, an aggregate base and an asphalt concrete
pavement.
(b)
All material shall be graded. Pit-run gravel
or creek gravel is acceptable.
(c)
The aggregate base material shall meet NYSDOT
Item 304-2.02 Type 4 gradation requirements.
(d)
The asphalt concrete pavement shall consist
of three courses as follows:
[Amended 9-13-1995 by L.L. No. 3-1995]
(5)
Grades in excess of 8% will not be allowed unless
the developer can show good reason. Stopping sight distances at crest
vertical curves shall exceed 200 feet. In no case shall grade exceed
10%.
(6)
Sidewalks, when called for on plans, shall be no less
than four inches thick, except at driveways, where the thickness shall
be six inches. Current state specifications shall apply.
(7)
Other items, such as bituminous curb or concrete pavement,
not included in these specifications shall be subject to approval
by the engineer prior to design completion.
(8)
All roads shall be provided with adequate surface
and subsurface drainage as determined by the Superintendent of Highways
and engineer.
(9)
If subsurface drainage is deemed necessary by the
Board, the developer shall provide for same in a manner acceptable
to the engineer.
(10)
Drain pipes under roads or driveways shall be designed
to withstand NYSDOT H-20 loadings and carry minimum ten-year storm
frequency. Design with calculations is to be approved by the engineer.
Drainage pipes shall be of asphalt-coated corrugated metal pipe. All
culvert ends are to be equipped for slope protection by means of end
sections, beveled sections with grouted riprap or concrete headwalls.
Design of structures proposed for use as part of the drainage system
shall be approved by the engineer.
(11)
Material requirements:
(a)
The source and analysis of all intended material
(including asphaltic concrete, culverts, gravel, stone, concrete,
etc.) shall be filed with the engineer for approval prior to placing
the material.
(b)
The analysis may include an affidavit from the
supplier or may be made by a laboratory approved by the engineer,
or both, as requested.
(12)
Signs.
(a)
Road names shall be provided at each road intersection.
Letters shall be reflective, meeting all applicable standards as required
by the Erie County Department of Public Works for signage.
(b)
Traffic control signs shall be provided in accordance
with the New York State Manual of Uniform Traffic Control Devices.
(c)
All signs shall meet current Board standards.
(13)
All work not provided for elsewhere in these specifications
shall be done in a manner approved by the engineer and the Board.
C.
Construction methods.
(1)
All brush, shrubs and roots thereof shall be entirely
removed from the right-of-way of all roads and alleys. All trees,
including the roots thereof, within the roadway and ditch lines shall
be entirely removed. Trees outside the roadway and ditch lines may
not be removed unless approved by the Board.
(2)
All topsoil shall be removed from the affected area
before any surfacing material is placed.
(3)
Any deleterious material in the subgrade shall be
removed and replaced with material which is approved by the engineer.
(4)
The earth grade shall be brought to the required elevation,
smoothed, trimmed, drained and compacted to 95% before any surfacing
material is placed. Subgrade shall be crowned to match the finished
road surface.
[Amended 9-13-1995 by L.L. No. 3-1995]
(5)
Soft spots in the earth shall be corrected by removing
improper materials and replacing them with materials approved by the
engineer.
(6)
The granular subbase and aggregate base courses shall
each be thoroughly compacted by used of a ten-ton vibratory roller.
Each course shall be crowned to match the finished road surface.
(7)
After the base course has been approved, the Type
3 binder shall be placed with an approved paver and compacted with
a self-propelled ten-ton roller. Finished thickness shall be three
inches minimum.
(8)
After the binder is approved, the Type 6F top shall
be placed in a similar manner. All paving shall be conducted in accordance
with NYSDOT specifications.
(9)
After the shoulder aggregate has been placed, the
double bituminous surface treatment shall be applied as follows: The
first application of asphalt type MC-70 shall be applied at the rate
of 0.5 gallon per square yard, immediately followed with Number 1
stone at the rate of 25 pounds per square yard. After the first application
has been absorbed and set, a liquid bituminous CRS-2 shall be applied
at the rate of 0.4 gallon per square yard, immediately covered with
Number 1B stone at the rate of 20 pounds per square yard.
(10)
All construction must be done under the supervision
of a New York State licensed engineer or the engineer's representative.
All associated costs shall be paid by the developer.
D.
Inspection, approval and certification.
(1)
After construction is completed, the developer shall
request approval, in writing, of the work. The request shall be accompanied
by a sealed certification from the developer's engineer that he or
she has supervised and inspected all construction and that all work
is in accord with the approved plans and specifications.
(2)
Such certification shall include record drawings and,
where revisions in the approved plan were required by conditions encountered
during construction, copies of change orders approved by the engineer.
(3)
The Engineer and Superintendent of Highways shall inspect the work as soon as possible after Subsection C is complete. If the work is complete and acceptable, recommendation shall be given to the Board for acceptance. If the work is not approved, the developer shall be notified as to deficiencies. A reinspection will be required if deficiencies are found.
Before final approval of the road, the following
items shall be completed and filed with the Town Clerk:
A.
Statement by the engineer that the developer has essentially
complied with one of the following alternatives:
(1)
All improvements have been installed in accord with
the requirements of these regulations; or
(2)
A bond or certified check has been posted which is
available to the Board and in sufficient amount to assure such completing
of all required improvements. Said amount and time of bond shall be
determined by the Board.
B.
Offers of cession by the owner dedicating streets,
rights-of-way and any sites for public use and agreements covering
the improvement and maintenance of unceded public spaces and the conditions
and time limits, if any, applying to site reservations.
C.
Approval by the Town Attorney of all offers of cession
and all covenants governing maintenance of unceded public open space
and/or sewer and the approval of the form of any bond offered in lieu
of the completion of required roadway improvements.
At the time of submitting a plan for approval,
the developer shall submit payment for inspection costs. The payment
shall be made with a bank or certified check payable to the Town of
Concord in an amount determined by the Town Board from time to time.[2]
Where the Board finds that extraordinary hardships may result from strict compliance with these regulations because of unusual circumstances of shape, topography or other physical features of the subdivision tract or because of the nature of adjacent developments, variations may be granted. However, in no case shall it exceed limitations of grade noted in § 125-9B(5).
