Town of Newburgh, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Newburgh: Art. I, 12-26-1991 as L.L. No. 7-1991; Art. II, 10-17-1994 as L.L. No. 4-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Clearing and grading — See Ch. 83.
Fees — See Ch. 104.
Subdivision of land — See Ch. 163.
161a Street Specification Diagrams
Article I Private Roads
Article II Town Roads
[Adopted 12-26-1991 as L.L. No. 7-1991]
A. 
Due to the proliferation of private roads within the town and the number of dwellings and other buildings and structures thereon, the Town Board has determined that further regulation is necessary to ensure the safety, health and welfare of persons and property in the town. This Article establishes minimum acceptable standards of street construction for private roads in the Town of Newburgh and also establishes when those standards or stricter standards apply. These minimum standards must be met and paid for by the person proposing subdivisions or other developments utilizing private roads. The specifications set forth in these standards include, but are not limited to, width, profile, drainage and construction of the subbase and pavement.
B. 
The limitations on construction of private roads imposed herein specifically do not apply to mapped, private roads in subdivisions which have been finally approved by the Town of Newburgh Planning Board and for which the final map has been filed in the office of the Orange County Clerk prior to the adoption of this Article. Any extension of a previously constructed private road designed to serve additional lots not shown on a filed subdivision map shall be constructed in accordance with the standards set forth in this Article.
[Amended 12-19-1994 by L.L. No. 7-1994]
A. 
A plan of the proposed street shall be prepared by a professional engineer or exempt land surveyor licensed by the State of New York. The plan shall clearly define the limits of the proposed right-of-way by metes and bounds and shall include the location, profile and typical cross section of the proposed roadway. Storm drainage, including culverts, drainage structures and all drainage and utility easements, shall also be shown on the plan. The plan shall also indicate the owner of the property and the name of the developer, if other than the owner. The plan shall be submitted to the Town Planning Board for review and approval with the subdivision in accordance with the applicable subdivision regulations of the town.[1]
[1]
Editor's Note: See Ch. 163, Subdivision of Land.
B. 
Such roadway must not be subject to any right or easement of others which will in any way interfere with its use as a road at all times.
C. 
The proposed roadway must be constructed to conform to the minimum requirements and standards set forth below. The minimum width to be cleared shall be as required to construct the road section and shall include trees, rock formations, buildings, walls and any such things that would endanger those using such roadway. The removal of such obstructions shall be the responsibility of the applicant.
Plans submitted shall not be altered or amended after having been approved by the Town Planning Board unless amended plans are submitted and approved. However, the applicant, at his own expense, shall provide additional storm drainage facilities or utilities as may be ordered by the Town Planning Board if, during the course of construction, the Town Planning Board or any other agency with proper authority deems that additional structures or facilities are necessary to prevent any need for future installations of utilities or culverts within the pavement area so as to assure the durability of the pavement, the future maintenance of the right-of-way or the welfare and safety of the public.
A. 
Common driveway. A common driveway is permitted to serve no more than two (2) dwelling units, of which each half of the right-of-way is in the same ownership as each dwelling unit. A common driveway is not bound by these private road specifications unless its configuration will allow it to possibly serve other lands, in which case a fifty-foot-wide right-of-way must be provided.
B. 
Private road.
[Amended 7-5-1994 by L.L. No. 1-1994; 12-19-1994 by L.L. No. 7-1994]
(1) 
A private road shall be permitted to be constructed only in the R-1, R-2, R-3, AR and RR Zoning Districts of the town. Proposed private roads may serve any residential subdivision in the town, provided that construction is in accordance with the standards set forth in this Article. Private roads may be permitted to be constructed as part of site development plans, including but not limited to condominiums, in any zoning district, but the roads must conform to the minimum requirements and standards set forth herein in accordance with plans approved by the Town Planning Board. The Planning Board may use its discretion to impose stricter requirements as part of its subdivision or site plan approval. The extension of existing private roads serving commercial properties shall not be permitted without improvement of the existing road to the standards required for acceptance of dedication of a road as a town highway.
(2) 
Nothing contained herein shall be construed to limit the town's discretion to accept or reject an offer of dedication of a proposed town highway. The provisions of this section are intended to supersede and amend §§ 276, 277, 278 and 280-a of the Town Law of the State of New York, as hereinafter amended.
The area of the right-of-way for any private road shall be separate and distinct from the lots that are being served and shall not be included as part of any lot area for purposes of computation of minimum area and dimensions required for zoning, building permit or other regulatory purpose. (See the definition of "lot area" in Chapter 185, Zoning.) However, ownership of that portion of the proposed private road right-of-way that fronts any particular lot shall be in the same ownership as that of the lot served, subject to the right of each abutting owner to improve the road in the event that he determines to do so, which right should be reserved by deed covenant.
A. 
Figure 1[1] shows the typical cross section for a private road. Figure 1 gives the minimum required design, dimensions and construction details necessary to construct a private road.
[1]
Editor's Note: Figure 6 is included at the end of this chapter.
B. 
The general and more detailed specifications follow for design and construction which are applicable to all private roads.
C. 
The applicant shall design and construct private roads which shall conform to both the general and detailed specifications.
Where surface water from private roads must lead through other than gutters and storm drains or existing stream channels outside the right-of-way, permanent drainage easements having a minimum width of twenty (20) feet shall be provided to a point where an existing drainage course exists. In some cases, this may include easements over property outside the boundaries of the subdivision involved. Natural stream or ditch channels shall have permanent easements a minimum of twenty (20) feet wide and shall be shown on the proposed plans of subdivision.
All private roads that have no outlet shall be provided with culs-de-sac with a right-of-way diameter of one hundred (100) feet and a pavement diameter of fifty (50) feet. This requirement may be modified by formal resolution of the Planning Board if it finds that compliance would cause unusual hardship or difficulties, provided that the alternative turnaround is acceptable to the Town Engineer, the public interest is protected and such requirements are imposed by the Planning Board as will, in its judgment, substantially secure the objectives of this standard to protect the health and safety of the public.
A. 
The applicant shall clear the entire area within the limits of:
(1) 
The tops of cuts and toes of fills.
(2) 
Stream channels and ditches.
B. 
The applicant will obtain all necessary permits from the town, the New York State Department of Environmental Conservation and any other involved agency prior to performing any of this work.
C. 
All stumps, roots, walls, building foundations and other obstructions shall be excavated and removed from the above areas.
A. 
The developer shall complete the shaping of the road clearance area, streams and ditches and easement areas to the line and grade as shown on the approved plans. During the course of road construction, all topsoil, loam, rocks and organic material shall be removed until a satisfactory subgrade is established. The developer shall provide temporary soil erosion and water pollution control, as required by applicable law, rule or regulation or as is required for the establishment of turf, until the work is complete and turf has been established. In fills of less than three (3) feet, all topsoil shall be excavated and removed. All fills shall be made with material acceptable to the Town Engineer. Such fills shall be made in layers of not more than twelve (12) inches each and properly compacted with a ten-ton vibratory roller, or equivalent, to obtain a minimum density of ninety percent (90%) as compared to the standard proctor.
B. 
The subgrade shall be shaped to the line and grade with no depressions. The subgrade shall be stable in all respects to the satisfaction of the Town Engineer.
The foundation course shall consist either of a twelve-inch-thick course of run-of-bank (ROB) gravel or a six-inch-thick layer of crushed blue shale topped with a six-inch-thick layer of ROB gravel, as approved by the Town Engineer. It shall contain stones no larger than three (3) inches in dimension and shall be well graded. The ROB gravel shall be placed in one (1) layer, and it shall be thoroughly compacted by rolling with a ten-ton vibratory roller or other equivalent compaction equipment. After compaction, the subbase course shall be fine graded to true line and grade in preparation for the wearing course. The Town Engineer or his designee shall accept the condition of the subbase prior to paving.
A. 
The drainage system and culverts shall be designed in accordance with established engineering principles. Plans for any drainage structure, including but not limited to pipe culverts, either existing or proposed, shall be submitted in detail to the Town Engineer for approval. The minimum grade of any drainage pipe or culvert shall not be less than one percent (1%). The approved plans shall show the invert elevation of the inlet and outlet and the top of grate elevations at all drainage structures. Any deviation from the approved plans shall only be on approval of the Town Planning Board in writing. No culvert pipe shall be less than fifteen (15) inches in diameter, except for pipes under driveways in the ditch line, which may be a minimum of twelve (12) inches in diameter.
B. 
All drainage structures shall be of a size sufficient to carry natural water runoff and stormwater and also that which may be reasonably anticipated from future construction both from within the subdivision and from adjoining properties which normally drain across the area of the proposed subdivision. Additional or larger culverts and drainage structures shall be installed and paid for by the applicant.
If it is necessary to intercept and carry away groundwater within the limits of the right-of-way to protect the stability of the roadbed, underdrain shall be installed in accordance with standard engineering principles. Perforated pipe or porous wall pipe having a minimum diameter of four (4) inches encased in six (6) inches of three-fourths-inch clean crushed stone or crushed gravel on all sides of the pipe shall be used for such purpose in an amount deemed necessary for such purpose.
Roof and cellar drains may discharge onto the surface of the property if otherwise permitted by applicable law and regulation but not onto the street right-of-way. With the approval of the Town Highway Superintendent, in writing, these drains may be piped to existing stormwater pipe drains, if any, to which they will be connected on top only. Such drains must be installed prior to the installation of the subbase. Drains from sanitary sewers or septic tanks will not be permitted to flow into road ditches or storm drains under any circumstances.
A. 
All intersections with existing public roads shall be constructed at right angles or as near as possible to right angles, as determined by the Planning Board. Sight distance, edge of pavement radii and other applicable design characteristics for intersections are to be determined based on the criteria set forth in the latest edition of Policy and Standards for Entrances to State Highways, published by the New York State Department of Transportation.
B. 
Where the private road intersects a town, county or state highway, the plans will show the proposed type, length and diameter of pipe and drainage flow along said highway. The pipe will be installed and paid for by the applicant under the direction of the appropriate agency. The applicant will obtain all necessary permits for such work.
C. 
The grade of the intersecting private road with a town highway shall be a negative two percent (-2%) from the edge of pavement to the ditch line or right-of-way of the highway, whichever is the greater distance. From this point to the interior of the property, the maximum grade of the road shall be fifteen percent (15%). [Note that if a private road were ever to become a public town highway, the maximum road grade would be ten percent (10%).] The grade of the intersecting road with a county or state highway will be in accordance with the directives of the particular agency involved. In all cases, the appropriate agency shall be notified of all intersections with public highways for approval of location, grade and drainage structures.
D. 
The above standards for intersecting private roads with town highways shall also apply to intersections of driveways with private roads.
The road cross section shall be as specified in Figure 1 hereof.[1]
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
All stormwater culverts shall be designed for a twenty-five-year storm. The applicant may use either reinforced concrete pipe, corrugated PVC pipe, bituminous-coated corrugated steel pipe or aluminum-clad pipe, at his option, for all closed drainage systems. Reinforced concrete pipe shall meet Section 706-02 of the New York State Department of Transportation Standard Specifications (latest edition). Corrugated PVC pipe shall conform to the requirements of AASHTO M-252 and M-294 and ASTM F-667. Corrugated steel pipe shall conform to the requirements of AASHTO M36 and M190 and shall be of appropriate gage thickness for the given condition. All drainage structures (drop inlets, catch basins and manholes) shall be precast concrete with appropriate frames and grates or covers. Pipes for driveway crossings shall at least be twelve (12) inches in diameter and placed in the ditch line. End sections shall be used.
Guide rail will be placed along the edges of the shoulders where necessary due to severe dropoffs as determined by the Town Planning Board, except that guide rail shall be required whenever the height of embankment is greater than four (4) feet as shown in Figure 1.[1]
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
All bituminous material furnished shall conform to Section 400 of the New York State Department of Transportation Standard Specifications Construction and Materials (latest edition).
A written, private road maintenance agreement or declaration shall be submitted to the Town Planning Board prior to granting final subdivision approval to any subdivision containing a proposed private road. This agreement shall require that all maintenance of the private road, including but not limited to snowplowing, sanding, pavement repairs, cleaning of drainage structures and mowing, shall be the responsibility of the owners of the private road. This agreement shall be filed in the Orange County Clerk's office and in the Town Building Inspector's office.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The applicant shall obtain written clearance from the United States Postal Service and Town Clerk prior to submitting the names of private roads to the Town Board for approval. The Planning Board shall not grant final approval to a subdivision or site plan until private road names have been approved by the Town Board. Street signs bearing the approved road name, as well as any required stop or yield signs, shall be furnished and installed by the applicant prior to the issuance of any building permits in the subdivision being served by said private road. A separate sign mounted on the same street signpost by the applicant shall indicate "Private Road."
A. 
Prior to the granting of final approval by the Planning Board, the applicant shall deposit with the town, in an amount verified by the Town Engineer as equal to the cost of construction of the private road, subject to approval by the Town Board, one (1) of the following performance guaranties, which must be approved by the Town Attorney as to form:
(1) 
A certified check;
(2) 
A performance bond from an acceptable surety; or
(3) 
A letter of credit from an acceptable bank.
B. 
The performance guaranty will guarantee that, within three (3) years, the applicant will complete all the construction within the right-of-way, including the roadway, shoulders, curbs and gutters, if any, storm drainage and other necessary appurtenances in accordance with the approved plans and these specifications.
The Town Engineer, or his designated representative, will inspect the construction of all private roads. Fees must be paid prior to final subdivision approval and shall be as provided in Chapter 104, Fees.
Upon completion of construction of any private road and prior to the release of the performance guaranty, the applicant's engineer, licensed by the State of New York, shall submit, along with the appropriate record drawings, a written certification to the Town Board that the road was constructed in accordance with the approved subdivision or site plans and these private road specifications.
Final decision as to the interpretation of any part of these street specifications shall rest with the Town Planning Board, which is hereby empowered, pursuant to Town Law § 280-a, to require private roads to be improved to its satisfaction in accordance with the standards and specifications approved by the Town Board herein.
[Adopted 10-17-1994 as L.L. No. 4-1994]
A. 
It is the purpose of these specifications to establish minimum acceptable standards of construction for roads offered to the Town of Newburgh for dedication. These minimum specifications must be met and paid for by the person or firm proposing the subdivision development and/or site plan utilizing the road offered to the town. The specifications set forth herein include but are not limited to width, design, profile, drainage, utilities, construction of base and pavement, shoulders, curbs and sidewalks (when included) and monuments.
B. 
The limitations on construction of roads offered for dedication to the Town of Newburgh imposed herein specifically do not apply to mapped public roads in subdivisions, developments and site plans which have been finally approved by the Town of Newburgh Planning Board or other authorized authority for which a final map has been filed in the office of the Orange County Clerk.
A. 
A plan of the proposed road shall be prepared by a qualified professional engineer licensed in the State of New York. The plan shall clearly define the limits of the proposed right-of-way by metes and bounds and shall include the location, widths, profiles and grades, sight distance, utility information and typical cross section of the proposed roadway. Two-foot contours shall be shown for the proposed grading of the roadway. Where a proposed road intersects an existing road, the approximate distance to the nearest improved road intersection in both directions shall be noted on the plan. All drainage facilities, including culverts, drainage systems and all drainage and utility easements, shall be shown on the plan.
B. 
The plan shall include all pertinent horizontal design information relevant to the road center line, including but not limited to the following: bearings and distances of all tangent sections, point of curvature, point of tangency, delta, radius, arc length, tangent length, chord bearing and distance along curved sections. Also to be shown are all edges of pavements, roadway swales, guide railing, storm drainage facilities, water and sewer systems and any other information which may be required by town regulations. Road stations shall also be shown along the center line and shall include even one-hundred-foot stations and the stations of all road intersections, points of curvature and points of tangency.
C. 
The plan shall indicate the owner of the property and the name of the developer, if other than the owner. Where applicable, the road plans shall be submitted as part of the subdivision plans to the Town Planning Board in accordance with applicable subdivision regulations[1] of the town for review and approval by the Town Engineer and the Town Superintendent of Highways. If a plan does not have to be reviewed by the Town Planning Board, submission of the plans to the Town Clerk is required, and the plans will be subject to review and approval by the Town Engineer and the Town Superintendent of Highways. Any proposed road that intersects with, drains toward or in general affects any state or county road must be submitted to and approved by those agencies.
[1]
Editor's Note: See Ch. 163, Subdivision of Land.
D. 
Profiles of the proposed road shall include all pertinent design information, including but not limited to the following: point of vertical curvature, point of vertical intersection, point of vertical tangency, length of curve, sight distance, storm drainage profiles and water and sewer systems and any other information which may be required by town regulations.
E. 
Any road offered to the town must not be subject to any right or easement to others which will in any way affect or interfere with its use as a road at all times. Such road must be granted to the town by a full covenant and warranty deed in accordance with the requirements as set forth in § 161-45 of these specifications. Permanent and temporary easements must be furnished in said deed granting to the town the right to maintain all outlets for surface water or natural stream drainage which will run from such roadway over private property to a point where a natural watercourse or swale exists and to which such outlet and easement will carry such water. Easements for utilities other than drainage systems are to be provided when it is impracticable to place the utility in the road right-of-way. Easements shall be designed to meet the requirements as set forth in § 161-31 of these specifications. Any easement not dedicated to the town shall be clearly marked with ownership and maintenance responsibility on the plan.
F. 
The road must be constructed to conform to the minimum requirements and standards as set forth herein.
Plans submitted shall not be altered or amended after having been approved by the Town Engineer and the Town Superintendent of Highways unless revised plans are resubmitted and approved. However, the developer, at his own expense, shall provide additional storm drainage facilities or utilities as may be ordered by the Town Superintendent of Highways if, during the course of construction, the Town Engineer or the Town Superintendent of Highways or any other agency with proper authority deems that such additional structures or facilities are necessary to prevent any need for future installations of utilities or culverts within the road right-of-way or to assure the durability of the pavement, the future maintenance of the right-of-way or the welfare and safety of the public. If construction of any road has not been started within one (1) year from the date of final approval of the road plan, the plan shall be resubmitted for approval by the Town Engineer and the Town Superintendent of Highways.
A. 
The applicant shall obtain written clearance from the United States Postal Service and Town Clerk prior to submitting names of roads to the Town Board for approval.
B. 
Street signs bearing the approved names, as well as any required traffic signs, shall be furnished in accordance with § 161-40 of these specifications.
A. 
The developer shall establish and clearly mark on site the limits of the road right-of-way and easements, the center line and grade of the finished road pavement and the location and elevation of all drainage structures, as shown on the approved plans, with construction stakes. The construction stakes are to remain in place until approved for removal by the Town Engineer and the Town Superintendent of Highways.
B. 
Permanent monuments shall be set along road and easement rights-of-way at block corners, angle points, points of curves and other points as the Town Engineer may require. The locations of the monuments are to be noted on the plans.
C. 
Monuments shall be concrete, granite or of a type as approved by the Town Engineer and the Town Superintendent of Highways, sunk at least twenty-four (24) inches deep. Concrete or stone monuments shall be at least thirty (30) inches in length, five (5) inches square at the top and six (6) inches square at the bottom. A map certified by a licensed surveyor showing at least three (3) survey ties to each monument shall be furnished to the town. Monuments shall be in place on site prior to the road being offered for dedication.
A. 
Permanent drainage easements shall be established with a minimum width of twenty (20) feet. Easements shall be adequately designed to provide area for the collection and discharge of stormwater. In the case of streams or open channel drainage, the easement shall encompass the channel plus one (1) foot freeboard above the one-hundred-year storm event.
B. 
Easements for other utilities shall be designed with a minimum width of twenty (20) feet. All easements shall be adequately designed to provide sufficient area for maintenance and repair of the facility within the easement and the passage of equipment for such work.
C. 
Easements shall be located in such manner as to be easily reached from the roadway. Where possible, they shall be centered on or located along property lines. All easement sizes and locations are subject to acceptance by the Town Engineer and the Town Superintendent of Highways.
In front of areas zoned and designed for commercial/industrial use or where a change of zoning to a zone which permits commercial/industrial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Town Engineer and the Town Superintendent of Highways to assure the free flow of traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district. Paving of these areas shall meet the requirements of the road classification it is part of or as directed by the Town Engineer and the Town Superintendent of Highways.
Where a watercourse or swale (natural or man-made) separates an existing or proposed road from abutting property, provision shall be made for access to all lots by means of culverts or other structures of a design acceptable to the Town Engineer and the Town Superintendent of Highways. Culverts or other structures shall be required at any connection with existing or proposed roads if directed by the Town Engineer and the Town Superintendent of Highways.
A. 
The developer shall design and construct all driveways within the limits of the right-of-way with sufficient sight distance (to be noted on the plan) and with a grade no more than one (1) inch per foot from edge of pavement or back of curb to the right-of-way line. The minimum width of the driveway pavement at the road pavement line or at the curbline shall be fifteen (15) feet, tapering to a minimum of ten (10) feet at the right-of-way line. All driveways shall have a six-inch subbase material foundation course with two (2) inches Type 6F bituminous concrete top course mix from the edge of pavement or back of curb to the right-of-way line which shall be applied during or after the laying of the street pavement.
B. 
All driveways shall be graded to the satisfaction of the Town Superintendent of Highways prior to surfacing said driveways. In accordance with § 161-33, installation of culverts or other structures may be required.
A. 
Sidewalks are to be included on roads when required or approved by the Town Board. When included, sidewalks shall conveniently link dwellings to all possible generators of pedestrian traffic both within and outside of the subdivision. Sidewalks generally will only be required or approved on road sections with curbs. The sidewalk shall be located such that the outside of the sidewalk is two (2) feet from the inside of the right-of-way line. The inclusion of sidewalks along a road may require a greater right-of-way width than that specified herein to be dedicated to the town.
B. 
In the event that sidewalks are required or approved along open section roads, the location of the sidewalk may require modification of the right-of-way width and/or the road section. Drainage may be required to be enclosed in a piped system rather than swales. Location of the sidewalk will be determined by the Town Engineer.
C. 
All sidewalks are to be constructed in accordance with § 161-39M of these specifications.
Curbs may be allowed with specific approval of the Town Board and are to be constructed in accordance with § 161-39L of these specifications.
The Town Planning Board, in conjunction with the Town Engineer and the Town Superintendent of Highways, shall determine and designate which of the following classifications each proposed road shall be designed to meet. The following subsections and diagrams[1] show the cross section required for each road classification.
A. 
Arterial or major roads. Requirements for arterial or major roads shall be determined by applicable state or county authorities on a site-specific basis. If the state or county authorities do not specify a greater width, the minimum right-of-way width shall be one hundred (100) feet, and the minimum paving width for residential or commercial properties shall be forty-eight (48) feet. Design of shoulders, drainage swales, base course and pavement courses shall be in accordance with those required for a commercial collector road.
B. 
Collector roads (no curbs).
(1) 
Commercial and/or industrial roads.
(a) 
Right-of-way: sixty (60) feet wide.
(b) 
Pavement: twenty-four (24) feet wide.
(c) 
Shoulders: eight (8) feet wide each side with four (4) inches of stone fill over subbase or two and one-half (21/2) inches of stone fill and one and one-half (11/2) inches top course over subbase.
(d) 
Drainage swales: two-foot minimum bottom width with a minimum depth of twenty-four (24) inches, to be located on at least one (1) side of the road but may be located on both sides of the road for proper drainage.
(e) 
Road base: twelve (12) inches subbase material or six (6) inches subbase material over six (6) inches crushed blue shale.
(f) 
Pavement courses:
[1] 
Eight (8) inches: Type 2 base course placed in four-inch lifts.
[2] 
Two and one-half (21/2) inches: Type 3 binder course.
[3] 
One (1) inch: Type 6F top course.
[4] 
Three-eighths (3/8) inch: seal coat.
(2) 
Residential roads.
(a) 
Right-of-way: sixty (60) feet wide.
(b) 
Pavement: twenty-four (24) feet wide.
(c) 
Shoulders: five (5) feet wide each side with four (4) inches of stone fill over subbase or two and one-half (21/2) inches of stone fill and one and one-half (11/2) inches top course over subbase.
(d) 
Drainage swales: two-foot minimum bottom width with a minimum depth of eighteen (18) inches, to be located on at least one (1) side of the road but may be located on both sides of the road for proper drainage.
(e) 
Road base: twelve (12) inches subbase material or six (6) inches subbase material over six (6) inches crushed blue shale.
(f) 
Pavement courses:
[1] 
Three (3) inches: Type 2 base course.
[2] 
Two (2) inches: Type 3 binder course.
[3] 
One (1) inch: Type 6F top course.
[4] 
Three-eighths (3/8) inch: seal coat.
C. 
Collector roads (curbs).
(1) 
Commercial and/or industrial roads.
(a) 
Right-of-way: sixty (60) feet wide.
(b) 
Pavement: forty (40) feet wide.
(c) 
Drainage: storm drains and catch basins shall be installed as required.
(d) 
Road base: twelve (12) inches subbase material or six (6) inches subbase material over six (6) inches crushed blue shale.
(e) 
Pavement courses:
[1] 
Eight (8) inches: Type 2 base course placed in four-inch lifts.
[2] 
Two and one-half (21/2) inches: Type 3 binder course.
[3] 
One (1) inch: Type 6F top course.
[4] 
Three-eighths (3/8) inch: seal coat.
(2) 
Residential roads.
(a) 
Right-of-way: sixty (60) feet wide.
(b) 
Pavement: thirty-four (34) feet wide.
(c) 
Drainage: storm drains and catch basins shall be installed as required.
(d) 
Road base: twelve (12) inches subbase material or six (6) inches subbase material over six (6) inches crushed blue shale.
(e) 
Pavement courses:
[1] 
Three (3) inches: Type 2 base course.
[2] 
Two (2) inches: Type 3 binder course.
[3] 
One (1) inch: Type 6F top course.
[4] 
Three-eighths (3/8) inch: seal coat.
D. 
Local or minor road standards (no curbs).
(1) 
Commercial and/or industrial roads.
(a) 
Right-of-way: sixty (60) feet wide.
(b) 
Pavement: twenty-four (24) feet wide.
(c) 
Shoulders: five (5) feet wide each side with four (4) inches stone fill over subbase or two and one-half (21/2) inches of stone fill and one and one-half (11/2) inches top course over subbase.
(d) 
Drainage swales: two-foot minimum bottom width with a minimum depth of twenty-four (24) inches, to be located on at least one (1) side of the road but may be located on both sides for proper drainage.
(e) 
Road base: twelve (12) inches subbase material or six (6) inches subbase material over six (6) inches crushed blue shale.
(f) 
Pavement courses:
[1] 
Eight (8) inches: Type 2 base course placed in four-inch lifts.
[2] 
Two and one-half (21/2) inches: Type 3 binder course.
[3] 
One (1) inch: Type 6F top course.
[4] 
Three-eights (3/8) inch: seal coat.
(2) 
Residential roads.
(a) 
Right-of-way: fifty (50) feet wide.
(b) 
Pavement: twenty (20) feet wide.
(c) 
Shoulders: five (5) feet wide each side with four (4) inches stone fill over subbase or two and one-half (21/2) inches of stone fill and one and one-half (11/2) inches top course over subbase.
(d) 
Drainage swales: two-foot minimum bottom width with a minimum depth of eighteen (18) inches, to be located on at least one (1) side of the road but may be located on both sides of the road for proper drainage.
(e) 
Road base: twelve (12) inches subbase material or six (6) inches subbase material over six (6) inches crushed blue shale.
(f) 
Pavement courses:
[1] 
Three (3) inches: Type 3 binder course.
[2] 
One (1) inch: Type 6F top course.
[3] 
Three-eighths (3/8) inch: seal coat.
E. 
Local or minor road standards (curbs).
(1) 
Commercial and/or industrial roads.
(a) 
Right-of-way: sixty (60) feet wide.
(b) 
Pavement: thirty-four (34) feet wide.
(c) 
Drainage: storm drains and catch basins shall be installed as required.
(d) 
Road base: twelve (12) inches subbase material or six (6) inches subbase material over six (6) inches crushed blue shale.
(e) 
Pavement courses:
[1] 
Eight (8) inches: Type 2 base course placed in four-inch lifts.
[2] 
Two and one-half (21/2) inches: Type 3 binder course.
[3] 
One (1) inch: Type 6F top course.
[4] 
Three-eighths (3/8) inch: seal coat.
(2) 
Residential roads.
(a) 
Right-of-way: fifty (50) feet wide.
(b) 
Pavement: thirty (30) feet wide.
(c) 
Drainage: storm drains and catch basins shall be installed as required
(d) 
Road base: twelve (12) inches subbase material or six (6) inches subbase material over six (6) inches crushed blue shale.
(e) 
Pavement courses:
[1] 
Three (3) inches: Type 3 binder course.
[2] 
One (1) inch: Type 6F top course.
[3] 
Three-eighths (3/8) inch: seal coat.
F. 
Private roads. Refer to Article I of this chapter, containing Street Specifications for Private Roads, Town of Newburgh, Orange County, New York.
[1]
Editor's Note: The diagrams are included at the end of the chapter.
A. 
Vertical alignment.
(1) 
Vertical street alignments shall be measured along the center line. The minimum grade allowed for all streets shall be one percent (1%), and the maximum grades are as follows:
Classification
Maximum Grade
(percent)
Arterial or major
5
Commercial collector
5
Residential collector
8
Minor or local
10*
*NOTE: A waiver may be requested, subject to Town Board approval, with the Town Engineer's and Town Superintendent of Highways' consent, for a grade of twelve percent (12%) for a maximum distance of five hundred (500) feet on minor or local roads where a lesser grade is impracticable due to existing topography.
(2) 
For all road classifications a grade of negative two percent (-2%) will be required on the road that is considered the intersecting road, the lower classification road or the road with the stop condition within twenty-five (25) feet of the edge of pavement of intersecting roads with a minimum vertical curve length of fifty (50) feet, if one is required.
(3) 
Vertical curves shall be designed to a parabolic form and are required at all changes in vertical grades. Roller coaster, hidden dip and broken back profiles are to be avoided. The minimum distance between vertical curves shall be fifty (50) feet. Vertical curves shall be designed to provide adequate sight distance and shall be expressed by the following relationship:
L = KA
Where:
L = Minimum length of vertical curve in feet.
A = Algebraic difference in grades.
K = Constant.
(4) 
The values for "K" shall be as follows:
Road Classification
Crest Curve
Sag Curve
Arterial or major
310
160
Commercial collector
160
110
Residential collector
160
110
Minor or local
50
50
NOTE: A waiver may be requested, subject to Town Board approval, with the Town Engineer's and Town Superintendent of Highways' consent, for vertical curves that do not meet the above requirements if the site conditions make the design standards impracticable.
B. 
Horizontal alignment.
(1) 
Horizontal alignment of roads shall be such that any road center line deflecting more than five degrees (5°) for major or collector roads and more than ten degrees (10°) for minor or local roads shall be connected by a curve. The minimum center-line radius shall be as follows:
Road Classification
Minimum Center-Line Radius
(feet)
Arterial or major
400 (unless otherwise specified by state or county agencies having jurisdiction)
Collector
250
Local or minor
100
(2) 
The outer road lines shall be parallel to the center line.
(3) 
A tangent equal to the minimum center-line radius is required between all reverse curves. Single long radius curves shall be used rather than a series of curves with varying radii.
(4) 
The horizontal design of roads shall provide a minimum stopping sight distance as listed below. This is measured from the height of eye at three and five-tenths (3.5) feet to an object five-tenths (0.5) feet high. The position of the driver's eye and the object sighted are assumed to be six (6) feet inside of the inner edge of the pavement, with the sight distance being measured along the arc between these two (2) points. The sight line across the inner part of the curve must be clear of all obstructions to the driver's eye.
Road Classification
Minimum Stopping Sight Distance
(feet)
Arterial or major
1,000
Commercial collector
500
Residential collector
500
Minor or local
300
NOTE: Minimum stopping sight distance is also to be considered where there is a combination of vertical and horizontal curves.
(5) 
A waiver may be requested, subject to Town Board approval, with the Town Engineer's and Town Superintendent of Highways' consent, for horizontal designs that do not meet the above requirements if the site conditions make the design standards impracticable.
C. 
Intersection sight distance. Stopping sight distance for vehicles on new roads or driveways entering new or existing roads shall be measured from a point three and five-tenths (3.5) feet above the ground at the new road or driveway at a point measured fifteen (15) feet back from its intersection with the edge of pavement to a point four and three-tenths (4.3) feet above the road at the point sighted. Sight distances are to be noted on the plan and shall meet the following requirements:
Road Classification
Minimum Intersection Sight Distance
(feet)
Arterial or major
1,000
Commercial collector
500
Residential collector
500
Minor or local
300
NOTE: A waiver may be requested, subject to Town Board approval, with the Town Engineer's and Town Superintendent of Highways' consent, for intersection designs that do not meet the above requirements if the site conditions make the design standards impracticable.
D. 
Road intersections.
(1) 
Road intersections involving the junction of more than two (2) roads shall not be allowed without specific approval of the Town Board.
(2) 
Intersections of minor or local roads with arterial or major roads shall be held to a minimum to avoid hazard and delay. Such intersections shall be at least eight hundred (800) feet apart, if possible. A minimum distance of at least one hundred fifty (150) feet shall be maintained between the center lines of intersecting roads in any case, whether they are on the same or opposite sides of the roadway. Cross intersections are allowed.
(3) 
The distance between the center lines of roads opening onto the same or opposite sides of existing or proposed roads shall not be less than one hundred fifty (150) feet. Cross intersections are allowed.
(4) 
In general, all roads shall join each other so that for a distance of at least one hundred (100) feet the road is at right angles to the road it joins. In no case shall the angle at the intersection be less than seventy-five degrees (75°). At corners, the traveled way shall be rounded with a curve having a radius of not less than fifteen (15) feet for residential roads and not less than twenty-five (25) feet for commercial and industrial roads.
(5) 
All road right-of-way lines at intersections shall be rounded by curves of at least a twenty-five-foot radius.
(6) 
A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of a corner lot as indicated in § 185-17 of the Zoning Chapter shall be cleared of all growth (except isolated trees) and obstructions above the level of two (2) feet higher than the center line of the road. If directed, the ground shall be excavated to achieve visibility in this area.
(7) 
Where appropriate, additional traffic lanes may be required to facilitate vehicular turning movements at existing or proposed road intersections. Such traffic lanes shall be designed as directed by the Town Engineer and the Town Superintendent of Highways.
(8) 
Intersections of streets or driveways onto state or county roads are required to meet the standards of the New York State Department of Transportation or the Orange County Department of Public Works.
E. 
Dead-end roads or culs-de-sac.
(1) 
The creation of dead-end or loop residential roads will be encouraged wherever such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end roads, where needed or desirable, the reservation of a twenty-foot-wide easement may be required to provide for continuation of pedestrian traffic and utilities to the next road. Circular turnarounds will be encouraged. T-type turnarounds will be allowed where they are temporary or where extraordinary conditions or hardships exist. The paving section of such turnarounds shall meet the requirements of the applicable road classification.
(2) 
Permanent dead-end roads or culs-de-sac shall not in general exceed six (6) times the required minimum lot width and shall be equipped with a turnaround roadway of one hundred (100) feet and a minimum outside diameter of traveled way of seventy (70) feet. Longer permanent dead-end roads may be approved if, in the opinion of the Town Engineer and the Town Superintendent of Highways, topographic conditions and land ownership patterns indicate that an alternative design is not practicable.
(3) 
Temporary dead-end roads shall not in general exceed six (6) times the required minimum lot width and shall be equipped with a turnaround which conforms to the requirements for a permanent dead-end road. The temporary turnaround shall be provided with a notation on the plan that land outside the normal road right-of-way shall revert to abutting property owners whenever the road is continued.
F. 
Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which the subdivision is located, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivision in accordance with the requirements contained in these regulations. A sketch plan to demonstrate future access to all or any portion of the site may be required.
G. 
Block size. Block size, length and shape shall be as specified in the Town Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 163, Subdivision of Land.
The general and detailed specifications contained herein are applicable to all classifications of roads. The applicant shall be responsible for designing and constructing roads which at a minimum conform to these specifications.
A. 
Clearing and grubbing.
(1) 
The applicant shall clear, grub and remove all trees, brush, stumps, fences, debris, structures and substructures from all right-of-way areas and all permanent easement areas. Stream channels and existing ditches shall be cleared as directed by the Town Engineer or the Town Superintendent of Highways. All areas from the top of cut through the toe of fill shall be cleared even if outside of the right-of-way.
(2) 
The applicant shall be responsible for obtaining any and all permits which may be required from the town, from New York State agencies, from county agencies or from any other agency which may require permits prior to performing any work.
B. 
Excavation and embankments.
(1) 
After the clearing and grubbing has been completed, all road and easement areas shall be shaped to the line and grade indicated on the approved plans or as may be directed by the Town Engineer or the Town Superintendent of Highways.
(2) 
Topsoil shall be removed from all areas where the final grade is three (3) feet or less above the existing ground surface. All loam, rocks, frozen material and organic material shall be removed. Any fills shall be made with material acceptable to the Town Engineer and the Town Superintendent of Highways. Such fills shall be made in lifts of twelve (12) inches and properly compacted with equipment that is suited for and manufactured for compaction purposes to obtain a minimum density of ninety-five percent (95%) of standard proctor maximum density.
(3) 
The subgrade shall be free of irregularities and depressions. No stones or rock ledges shall protrude from the subgrade area.
C. 
Drainage and utilities.
(1) 
Drainage systems and/or culverts shall be designed in accordance with applicable sections of the Town of Newburgh Stormwater Management Regulations, if any. Sewer and water facilities shall be designed in accordance with the requirements of the Orange County Health Department, the New York State Department of Environmental Conservation and town regulations and are subject to review and approval of the Town Engineer. Sewer and water facilities are not part of these specifications. All proposed facilities (layout and profile) shall be shown on the submitted plans.
(2) 
All drainage facilities are subject to review and approval by the Town Engineer and the Town Superintendent of Highways. Additional and/or larger facilities may be required at the direction of the Town Engineer and Town Superintendent of Highways during construction. All existing drainage structures located on or within two hundred (200) feet of the subject property shall be included on the plans and calculations submitted for the structure to determine if it is adequate to carry the twenty-five-year storm flow. Protection against erosion shall be provided at all pipe outfalls and shall be shown on the plans. All drainage and sewer and water facilities shall be constructed in a manner consistent with accepted engineering practices and with the manufacturer's recommendations.
(3) 
The applicant may use either reinforced concrete pipe, corrugated polyethylene pipe, bituminous-coated corrugated steel pipe or aluminum pipe, at his option, for all closed drainage systems. Reinforced concrete pipe shall meet Section 706-2 of the New York State Department of Transportation Standard Specifications Construction and Materials (latest edition). Corrugated polyethylene pipe shall conform to the requirements of AASHTO M-252 and M-294 and ASTM F-667 and F-405. Corrugated steel pipe shall conform to the requirements of AASHTO M36 and M190 and shall be of appropriate gage thickness for the given condition. Aluminum pipe shall meet Section 707-13, 707-14 or 707-16 of the New York State Department of Transportation Standard Specifications Construction and Materials (latest edition). All drainage structures (drop inlets, catch basins, manholes, etc.) shall be precast concrete with appropriate frames and grates or covers (typical details shall be shown on the plans). Pipes for driveway crossings shall at least be twelve (12) inches in diameter and placed in the ditch line. Appropriate metal end sections, concrete end sections or concrete headwalls shall be used.
(4) 
Underground utilities, when used, are to be placed in the road right-of-way outside of the paved area, in close proximity to the road right-of-way line, to simplify location and repair of the utility lines when they require attention. The applicant shall provide underground connections to the property line of each lot within the subdivision prior to paving the road.
D. 
Groundwater. If in the opinion of the Town Engineer and the Town Superintendent of Highways it is necessary to intercept and carry away groundwater within the limits of the right-of-way to protect the stability of the roadbed or other areas of road construction, underdrains shall be provided. The underdrains shall be perforated PVC or polyethylene pipe or porous wall pipe having a minimum diameter of four (4) inches encased in six (6) inches of three-fourths-inch clean crushed stone or gravel. The underdrains shall outfall as directed by the Town Engineer and the Town Superintendent of Highways.
E. 
House and lot drainage. Footing and roof drains may discharge to a free-flowing outlet on the surface of the property but shall not discharge directly within ten (10) feet of a road right-of-way. With approval, in writing, of the Town Superintendent of Highways, these drains may be piped to existing storm drainage systems to which they may be connected to the top only. These drains must be connected prior to placing the road subbase. Sanitary sewer or septic tank flow will not be permitted to flow into any roadside swales or storm drainage systems.
F. 
Stone fill in shoulders.
(1) 
Stone used in shoulders shall consist of clean, durable, sharp-angled fragments of rock and shall meet the size requirements as shown below:
Sieve Size
(inches)
Percent Passing
1
100
1/2
90 to 100
1/4
0 to 15
(2) 
The stone shall be placed in the shoulder and compacted with a minimum of four (4) passes with a ten-ton smooth steel wheeled roller. Compaction shall be such that the stone does not displace under the weight of the roller.
G. 
Road subbase.
(1) 
The road subbase shall consist of subbase material or subbase material over crushed blue shale at the depth as specified in the road standards contained herein.
(2) 
Subbase material shall conform to Section 304, Subbase Type 4, of the New York State Department of Transportation Standard Specifications Construction and Materials (latest edition), placed and compacted in six-inch lifts on a subgrade that has been thoroughly graded and compacted to the satisfaction of the Town Engineer and the Town Superintendent of Highways. When subbase material is used over shale, the shale shall be well-graded crushed blue shale with no fragments greater than two (2) inches.
(3) 
The subbase shall be compacted in accordance with New York State Department of Transportation Standard Specifications Construction and Materials Section 203-3.12 (latest edition). All compaction shall be to ninety-five percent (95%) of the standard proctor maximum density. Test results shall be made available to the Town Engineer and the Town Superintendent of Highways, if requested.
(4) 
When a subbase course has been placed but subsequent paving operations have been delayed so that the subbase has been disturbed by frost action or otherwise disturbed, the subbase shall be replaced and compacted or recompacted as necessary to meet the requirements of this section.
H. 
Road base course. The base course shall consist of Type 2 bituminous concrete base mix at the depth specified in the road standards contained herein. Where the base course is specified at eight (8) inches deep, the mix shall be placed and compacted in two (2) four-inch lifts. The material shall not be placed on any wet surface or when the surface temperature is less than forty degrees Fahrenheit (40° F.).
I. 
Binder course. The binder course shall be Type 3 bituminous concrete binder course mix at the depth specified in the road standards contained herein. The material shall not be placed on any wet surface or when the surface temperature is less than forty degrees Fahrenheit (40° F.).
J. 
Top course. The top course shall consist of Type 6F bituminous concrete top course mix at the depth as specified in the road standards contained herein. The material shall not be placed on any wet surface or when the surface temperature is less than forty degrees Fahrenheit (40° F.).
K. 
Seal coat.
(1) 
The seal coat shall be a latex modified asphalt emulsion and aggregate mixture such as RALUMAC Micro-Surfacing System. The mixture shall permanently adhere to the roadway and shall form a highly skid-resistant surface.
(2) 
The material shall be mixed and placed in accordance with the manufacturer's specifications and at a rate which produces at least a three-eighths-inch-thick overlay. The material shall be placed no sooner than six (6) months and no later than twelve (12) months from the date that the road pavement was placed and deemed acceptable to the Town Engineer and the Town Superintendent of Highways. If the surface temperature of the road and the atmospheric temperature are not acceptable for placement of the overlay during this time, the developer must inform the Town Engineer and the Town Superintendent of Highways, in writing, and request an extension of time for placement of the overlay. This notification is to include an estimate as to when the overlay will be placed.
(3) 
The material shall be placed in such manner that there is not excessive buildup, uncovered areas or unsightly appearances in any area upon completion of work.
(4) 
Note: All bituminous concrete pavement mixes shall meet the requirements of and be placed in accordance with the New York State Department of Transportation Standard Specifications Construction and Materials Section 401 (latest edition). The Town Engineer and the Town Superintendent of Highways may request that density testing be performed at any time during the construction of a road to be dedicated to the town, with results furnished at no cost to the town.
L. 
Curbs.
(1) 
Curbs, if used, may be conventionally formed or machine-formed concrete. They are to be six (6) inches wide at the top and eight (8) inches wide at the bottom, with a total height of twenty (20) inches. The face of the curb shall be exposed six (6) inches at the edge of the paved roadway and is to be located as detailed in these specifications.
(2) 
Conventionally formed concrete curb shall be constructed of Class A portland cement concrete with a compressive strength of three thousand five hundred (3,500) pounds per square inch at twenty-eight (28) days. The curb shall be cast in segments having a uniform length of ten (10) feet. Segments shall be separated by joints, with provisions made for one-fourth-inch expansion. Expansion joints three-fourths (3/4) inch in width shall be formed with premolded resilient joint filler and placed at forty-foot intervals. The filler material shall be cut to conform to the cross section of the curb.
(3) 
Machine-formed concrete curbs shall be Class J portland cement concrete with a compressive strength of three thousand five hundred (3,500) pounds per square inch at twenty-eight (28) days. The curb shall be machine formed to the proper line and grade. Contraction joints shall be at ten-foot intervals and shall be formed or saw cut to a width between one-eighth (1/8) inch and one-fourth (1/4) inch to a depth of one and one-half (11/2) inches. If saw cut, it must be done within eight (8) hours of placement. Expansion joints three-fourths (3/4) inch in width shall be formed and filled with premolded resilient filler and placed at forty-foot intervals. The filler material shall be cut to conform to the cross section of the curb.
(4) 
Precast concrete curbs may only be used if acceptable to the Town Engineer and the Town Superintendent of Highways. If allowed, precast concrete curb shall be cast of Type 1 or Type 2 portland cement with a compressive strength of five thousand (5,000) pounds per square inch at twenty-eight (28) days. Minimum lengths shall be four (4) feet, except for radial curb and closure, and the maximum length shall be ten (10) feet. Curb sections shall be butted together with no concrete mortar between joints. Manufacturer details shall be submitted to the Town Engineer and the Town Superintendent of Highways for acceptance. Installation of the curb shall be in accordance with manufacturer specifications.
(5) 
Stone curbs may only be used if acceptable to the Town Engineer and the Town Superintendent of Highways. If allowed, stone curb shall be either bluestone or granite. Construction details shall be submitted to the Town Engineer and the Town Superintendent of Highways for acceptance.
(6) 
Any curbing that has settled, cracked, become damaged or is deemed substandard at any time prior to or during the two-year maintenance period after dedication to the town shall be replaced by the developer at his own expense.
(7) 
Note: All curb shall meet the requirements of and be constructed in accordance with the New York State Department of Transportation Standard Specifications Construction and Materials Section 609 (latest edition).
M. 
Sidewalks.
(1) 
Sidewalks may be constructed of concrete or, with approval of the Town Engineer and the Town Superintendent of Highways, asphalt concrete. In any case, where sidewalks cross driveways they shall be eight (8) inches of reinforced concrete on twelve (12) inches of subbase course and at the same elevation as the driveway.
(2) 
Concrete sidewalks shall be constructed of Class A portland cement concrete. The concrete shall be five (5) feet wide and poured four (4) inches deep in one (1) course on six (6) inches of subbase course with a cross slope of one-fourth (1/4) inch per foot. Wire fabric, W2.9 or W3, shall be embedded at mid-depth in the slab. Transverse construction joints shall extend to the full depth of the slab and shall be placed at ten-foot intervals. The edges shall be finished by smoothing and rounding. A resilient joint filler shall be installed at all joints and cut to conform to the shape of the sidewalk. The surface of the sidewalk shall be broomed and scored and tooled at five-foot intervals.
(3) 
Asphalt concrete sidewalks shall be five (5) feet wide and shall be one (1) inch of Type 6F top course mix on two and one-half (21/2) inches Type 3 binder course mix on six (6) inches of subbase course.
(4) 
Note: All construction and materials shall be done in accordance with the New York State Department of Transportation Standard Specifications Construction and Materials Section 608 (latest edition).
N. 
Erosion and sediment control. Erosion and sediment control shall be provided during construction of the road. The structures and details of said structures are to be shown on the plans. All erosion and sediment control methods shall be designed in accordance with New York Guidelines for Urban Erosion and Sediment Control. At a minimum, all adjacent property owners, roads, watercourses and drainage swales shall be protected from sediment-laden runoff. The Town Engineer and the Town Superintendent of Highways may require additional protective structures to be placed if those existing or proposed do not appear to provide adequate control of such runoff.
A. 
Guide rails.
(1) 
The grades from the shoulder to the right-of-way shall be a maximum of one (1) foot vertically on two (2) feet horizontally. Where the difference in elevation from the edge of shoulder to the original surface at the toe of slope is six (6) feet or more and the slope is greater than one (1) foot vertically on three (3) feet horizontally, the slopes shall be protected by guide rails as required and specified by the Town Engineer and the Town Superintendent of Highways. If guide rail is required, the break in the shoulder slope shall not occur within two (2) feet of the face of the guide rail post.
(2) 
The requirements set forth herein consider only the geometry of the roadway and are intended as a guide as to when the guide rails will be required. There may be cases where the geometry of the roadway does not exceed the given criteria but guide rail is still warranted. The use of guide rails shall, in general, be in conformance with New York State Department of Transportation requirements.
B. 
Streetlighting facilities.
(1) 
Where required by the Town Board, streetlighting standards in conformance with the lighting system of the project area as approved by the Town Planning Board shall be installed by the subdivider in a manner and location approved by the Town Engineer, the Town Superintendent of Highways and the appropriate power company. In the case of a subdivision involving a county or state highway, approval shall be obtained from the County Superintendent of Highways or the State Department of Transportation.
(2) 
Where a new lighting district is to be created or an existing district extended, the applicant shall petition the Town Board to create such district or extension before final approval is granted.
C. 
Street signs. Street signs shall be provided by the developer and placed at all intersections in locations within the right-of-way approved by the Town Superintendent of Highways prior to the town's acceptance of the roads. Such signs shall be six by twenty-four (6 x 24) inches and made of extruded aluminum with white letters on a green background.
D. 
Warning, regulatory and safety signs. Warning, regulatory and safety signs, such as stop, yield, curve or other signs, may be required by the Town Engineer and the Town Superintendent of Highways. All required signs are to be in conformance with the New York State Department of Transportation Manual of Uniform Traffic Control Devices (latest revision). Upon requiring regulatory signs, the Town Engineer and Superintendent of Highways shall, when appropriate, refer the matter of the designation of the intersection as a stop, yield or similarly regulated intersection to the Town Board for appropriate amendment of the town's Traffic and Vehicle Regulations.[1]
[1]
Editor's Note: See Ch. 174, Vehicles and Traffic.
A. 
Improvements.
(1) 
The estimated cost of all required improvements, where applicable, which are associated with road construction are required to be included in the amount of the performance security, including but not limited to:
(a) 
Road construction.
(b) 
Storm drainage systems.
(c) 
Road signs.
(d) 
Monuments.
(e) 
Stabilization within the right-of-way.
(f) 
Erosion and sediment control.
(g) 
Curbs.
(h) 
Sidewalks.
(i) 
Street trees.
(j) 
Any road appurtenances as may be required by the Town Planning Board or the Town Board.
(k) 
As-built or record drawings.
(l) 
Any other items as may be required by the Town Planning Board or the Town Board.
(2) 
The applicant's engineer is to prepare the estimate and submit it to the Town Engineer for review and recommendation to the Town Board.
B. 
Performance security.
(1) 
A performance security shall be delivered to the Town Clerk to guarantee to the town that the developer will faithfully cause to be constructed and completed within a reasonable term the required public improvements.
(2) 
Before the Planning Board grants final approval of the subdivision plat or site plan, the applicant shall follow the procedure set forth below:
(a) 
In an amount set by the Town Board, the applicant shall file with the Town Clerk either a certified check to cover the full cost of the required improvements or an adequate and acceptable security issued by a bank or surety company approved by the Town Board to cover the full cost of the required improvements or any combination thereof. Any such security shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and the Town Attorney as to form, sufficiency, manner of execution and surety. A period of three (3) years shall be set forth in the document of surety within which required improvements must be completed. However, the term of such performance security may be required to be extended by the Town Board if improvements are not completed within the original term of the security.
(b) 
The required improvements shall not be considered to be completed until the installation of the improvements has been accepted by the Town Engineer, the Town Superintendent of Highways and any appropriate department head and as-built or record drawings satisfactory to the Town Engineer have been submitted. If the applicant elects to provide a security or certified check for all required improvements as specified in Subsection B(2)(a) above, such security shall not be released until such as-built plans are submitted. The town shall release the security upon certification of the Town Engineer and the Town Attorney that all requirements of the security have been satisfied.
(c) 
The applicant shall complete all required improvements or post the required performance security, either or both to the satisfaction of the Town Board, before any building permits shall be issued.
(d) 
If the Planning Board shall decide at any time during the term of the performance security that the extent of the building development that has taken place in a subdivision is not sufficient to warrant all the improvements covered by such performance security or that required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the face amount of said security or that the character and extent of such development required additional improvements previously waived for a period stated at the time of fixing the original terms of such security, the Town Board may modify its requirements for any or all such improvements, and the face value of such performance security shall thereupon be modified 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 may be reduced proportionately.
C. 
Maintenance bonds.
(1) 
Prior to acceptance by the town of the dedication of the street as guaranteed under Subsection B, Performance security, above, the developer shall deposit with the Town Clerk a maintenance bond of acceptable security or shall deposit with the chief fiscal officer of the town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank payable at sight to the Town Board guaranteeing that for a minimum period of two (2) years from the date of acceptance of the dedication of the street by the town or until the issuance of the final certificate of occupancy, whichever is latter, the developer will maintain the street to the standard of construction set by these specifications, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his own expense, repair and make good any defects or damage which may develop during this maintenance period as a result of faulty construction within the right-of-way or as a result of other construction by the developer or third parties who may have purchased a lot or lots outside of the right-of-way. During the maintenance period, the town shall be responsible for snow and ice control, street cleaning, cleaning of culverts and catch basins and other work of similar routine nature, provided that such work has in no way been caused by the developer's operations.
(2) 
The amount of the maintenance bond shall be at least equal to ten percent (10%) of the original amount of the performance bond.
(3) 
Subsequent to the dedication of the street and after receipt of the maintenance bond, the Town Board shall release the performance security.
Written notice shall be provided to the Town Clerk, the Town Engineer and the Town Superintendent of Highways at least ten (10) days prior to commencement of any construction of approved roads or drainage. The Town Engineer and the Town Superintendent of Highways, or their designated representative, will inspect the construction of all roads and public improvements (if any). In addition to the above-required written notice, adequate notice shall be provided to allow inspection of the following items of work: excavation and rough grading (including installation of all underground utilities), placement and compaction of the road subbase, placement and compaction of the road base course, placement of the binder course, placement of the top course and placement of the seal coat. Inspection and acceptance by the Town Engineer and the Town Superintendent of Highways shall in no way relieve the developer of his obligation to comply with the requirements of these specifications. Inspection fees must be paid prior to final subdivision or site plan approval and shall be as provided in Chapter 104, Fees, of the Town of Newburgh Code.
Upon completion of the road and public improvements (if any) and prior to the release of the performance security, the applicant's engineer, licensed by the State of New York, shall submit, along with the appropriate as-built or record drawings, a written certification to the Town Board that the road and public improvements (if any) were constructed in accordance with the approved subdivision or site plan and applicable specifications and/or rules and regulations.[1]
[1]
Editor's Note: See Ch. 163, Subdivision of Land.
Final decision as to the interpretation of any part of these road specifications shall rest with the Town Superintendent of Highways with concurrence by the Town Engineer. If the Town Superintendent of Highways and the Town Engineer do not concur on a matter of interpretation, they shall refer the matter to the Town Board for a final decision.
Written application by the owner or owners of land proposed to be dedicated to the Town of Newburgh (hereinafter the "town") for use as a public highway should be delivered to the Town Clerk, addressed to the Town Board, with a copy directed to the Superintendent of Highways, Town Engineer, Planning Board and Town Attorney for their information and guidance. Application should be a simple request for the town to accept the road or street in question, should name the street, indicate in whose name title is held and should be accompanied by the following items, all secured by and at the expense of the applicant:
A. 
Eight (8) copies of a survey, certified to the town, including three (3) on cloth or linen, showing the proposed road and indicating the location of at least one (1) other public road or street connecting therewith. A map should be prepared by a licensed surveyor and should indicate filing data if filed in the County Clerk's office and Planning Board's approval data if so approved. The survey map shall include plan(s); profile(s); all monuments; public improvements with grades, inverts, top of grates/covers, lengths and types of pipes; and a minimum of three (3) ties to all manholes, hydrants, valves, curb stops, corporations, wyes/fittings, etc.
B. 
Executed release(s) and dedication, acceptable for recording, describing the road or street by metes and bounds, including the name of the street, with proper reference to any filed map and including any necessary drainage easement(s).
C. 
A fee as prescribed by chapter 104, Fees.
D. 
A title insurance policy insuring the town in the amount of five thousand dollars ($5,000.) for each road to be dedicated. The title insurance policy must be acceptable to the Town Attorney and must insure that the town is obtaining title to the road and an interest in the easement, if any, free and clear of all liens and encumbrances.
E. 
Full covenant and warranty deed conveying to the town title of the road to be dedicated and including any required easements. Also, an equalization and assessment form and TP-584 form must be prepared and accompany the deed.
F. 
Consent of the Town Board to dedication, in triplicate, for the Town Board's adoption, reciting the proceedings and consenting that the Town Superintendent of Highways make an order laying out the lands as a town highway.
G. 
Order of the Town Superintendent of Highways accepting dedication, in triplicate.
H. 
Certificate of the Town Engineer as to the road's compliance with Town of Newburgh minimum road specifications.
I. 
Certification by a professional engineer or surveyor that the road to be dedicated has been completed in accordance with the approved plans and specifications of the town, that the total right-of-way has been cleared and that all construction has been completed in a workmanlike manner.
J. 
A maintenance bond, acceptable to the town, guaranteeing to the town that the developer will maintain the road to the town's standards, normal wear and tear excepted, for a period of at least two (2) years from the date of the acceptance of the road dedication. The maintenance bond must be in an amount equal to at least ten percent (10%) of the original performance security.
K. 
Maintenance bond letter acknowledging the responsibilities of the developer and prepared in accordance with the attached maintenance bond letter form.[1]
[1]
Editor's Note: This form is on file in the town offices.
L. 
If the developer is a corporation, the developer must furnish a unanimous written consent of the Board of Directors and shareholders of the corporation to the road dedication.