Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wawayanda 11-1-1990 by L.L. No. 4-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 54.
Streets and sidewalks — See Ch. 156.
Subdivision of land — See Ch. 162.
Zoning — See Ch. 195.
158a Street Cross Sections and Detail Drawings

§ 158-1 Intent; certification by Superintendent; submittal.

It is the purpose of these specifications to establish minimum acceptable standards for street construction for subdivisions in the Town of Wawayanda which have been established to conform to legal requirements in the State of New York. The requirements and standards must be met and paid for by the person or firm proposing that the Town take over such road as a Town road. These specifications include but are not limited to width, design, drainage, construction of base and pavement, curbs and sidewalks, monuments and signs. Dedication of the right-of-way will not be accepted until the developer's professional engineer or qualified licensed land surveyor and the Town Superintendent of Highways shall have certified to the Town Board, in writing, that the construction of the street or road has been completed in accordance with the approved plans and specifications that follow, that the total right-of-way area has been cleared of all debris and that all construction has been completed in a workmanlike manner. When new road rights-of-way are offered to the Town for dedication, three copies of the final plan and deed description of each right-of-way shall be submitted to the Town's Superintendent of Highways for approval and title, showing no liens or encumbrances when submitted to the Town Attorney.

§ 158-2 Certification by engineer.

In his written certification, as required above, the developer's professional engineer or qualified licensed land surveyor shall state clearly that he or his authorized representative has inspected all phases of the street construction and that all work has been completed in accordance with the approved plans and specifications.

§ 158-3 Preparation and submission of plans; easements; removal of obstructions.

A. 
A plan of the proposed street shall be prepared by a qualified professional engineer or qualified 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, widths, profiles and grades of the proposed roadways, storm drainage, including culverts and other drainage structures, as well as the location of all easements, utilities and monuments. The plans shall also indicate the owner of the property and the name of the developer, if other than the owner. One copy each of the plans shall be submitted to the Town Superintendent of Highways and to the Town Engineer at the time of application to make such a Town road and to the County Superintendent of Highways or the New York State Department of Transportation permit agent when said proposed street drains toward, intersects or may otherwise affect a county or New York State highway. Additional copies will then be submitted to the Town Planning Board, or Town Board, if applicable, for review and approval under the applicable subdivision regulations of the Town.[1] Such roadway must not be subject to any right or easement in others which will in any way interfere with its use as a road at all times. Such roadway must be granted free of all encumbrances to the Town by a full covenant and warranty deed containing the correct metes and bounds description as shown on the approved map. The deed must be in such form as may be required to entitle the same to be recorded in the office of the County Clerk of Orange County. Filing fees must be paid by the applicant. An offer of dedication in form approved by the Town Attorney and an executed deed shall be delivered, to be held in escrow pending final acceptance.
[1]
Editor's Note: See Ch. 162, Subdivision of Land.
B. 
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 exists and to which such outlet and easement will carry such water. A minimum of 30 feet width of easement shall be required for the maintenance of said easements.
C. 
The proposed roadway must be constructed to conform to the minimum requirements and standards set forth below. The minimum width shall be cleared of all trees, rock formations, buildings, walls and any such things that would endanger those using the roadway. The cost of the removal of such obstructions shall be borne by the person or firm proposing such road.

§ 158-4 Alteration of approved plans; additional storm drainage.

A. 
Plans shall not be altered or amended after having been approved by the Town Superintendent of Highways and the Town Engineer during the plan review process unless amended plans are resubmitted by the owner and approved. However, if during construction conditions arise that were unaccounted for during the original design, the developer, at his own expense, will be required to submit further amended plans to be approved by the Town Superintendent of Highways and the Town Engineer.
B. 
The developer, at his own expense, shall provide additional storm drainage facilities or utilities if, during the course of construction, in the opinion of the Town Superintendent of Highways and/or the Town Engineer, such additional structures or facilities are necessary to prevent any need for future installations of utilities or culverts within the pavement area, to assure the durability of the pavement and to assure future maintenance of the right-of-way or for the welfare and safety of the public. The Town Board may vary the requirements of such an order where there are practical difficulties in the way of carrying out to the letter such an order unless such variance conflicts with the provisions of a Town or drainage map, in which event, the official map shall prevail. If construction of said road has not been started within one year of the date of final approval by the Town Planning Board, or Town Board, if applicable, plans shall be resubmitted and approved as above.

§ 158-5 Performance security.

[Amended 5-3-2007 by L.L. No. 3-2007]
A. 
Prior to the start of construction of any street, the developer shall provide the following to the attorney for the Town for review and approval: a developer’s agreement concerning the proposed construction, an irrevocable offer of dedication and proposed deed to the Town signed by the developer (or the owner of the property, where the owner is not the developer) for the street and improvements, and a preliminary title insurance policy. In addition, the developer shall deposit with the Town Clerk or the chief fiscal officer of the Town performance security in the form of an irrevocable letter of credit in form and amount approved by the Attorney for the Town and by the Town Board or cash or a certified check drawn upon a national or state bank, payable at sight to the Town Board, in an amount to be determined by the Town Board, guaranteeing that:
(1) 
Within two years of the issuance of the first building permit for the property to be served by the street, the developer will complete all of the construction within the right-of-way, including roadways, shoulders, curbs, sidewalks, if any, gutters, if any, storm drainage, etc., and all utilities, including hydrants, and all house connection stub outs for each lot in accordance with the approved plans and specifications, and further guaranteeing that all claims for labor and materials in connection with said construction will be paid in full prior to acceptance of said street for dedication to the Town.
(2) 
Upon certification by the developer’s professional engineer and by the Town Superintendent of Highways and the Town Engineer that the construction of the street has been completed in accordance with the approved plans and specifications, the developer will dedicate the completed street to the Town for use as a public highway free and clear of all liens and encumbrances. This guarantee of dedication shall apply to the owner of the property, as well as the developer, where the two are not synonymous.
(3) 
No residential unit may receive a certificate of occupancy until all improvements described in § 158-5A(1) above have been completed to the satisfaction of the Town Superintendent of Highways and the Town Engineer [except for the top course of paving for the street and landscaping within the street right-of-way, and only if the owner and/or developer has posted performance security in accordance with the requirements contained in § 158-5A(1) above].
(4) 
In the event the developer does not complete all improvements described in § 158-5A(1) above (including the top course of paving for the street and landscaping within the street right-of-way) within two years of the issuance of the first building permit for property to be served by the street, the Town may declare the developer to be in default and choose to accept the offer of dedication and record the deed to the street, in which case the performance security posted by the developer will immediately be released to the Town for the completion of the street and improvements, and the developer will have no claim against that portion of the performance security required by the Town to complete the street and improvements.
B. 
As guarantee for the above requirements, the developer shall deposit with the Town Clerk or the Chief Financial Officer of the Town an irrevocable letter of credit, cash or a certified check all as described in Subsection A. The minimum total amount of the guarantee shall be determined by the Town Board after recommendation of the attorney for the Town and the Town Engineer.

§ 158-6 Maintenance security.

A. 
Prior to acceptance by the Town of the dedication of the street, the developer shall deposit with the Town Clerk or with the chief fiscal officer of the Town an irrevocable letter of credit in form and amount approved by the attorney for the Town and by the Town Board, or by cash or a certified check drawn upon a national or state bank, payable at sight to the Town Board, in an amount to be determined by the Town Board, guaranteeing that for a period of 24 months from the date of acceptance of the dedication of the street by the Town, the developer will maintain the street to the standard of construction set forth 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 outside the right-of-way. After street acceptance and 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.
[Amended 5-3-2007 by L.L. No. 3-2007]
B. 
The amount of the maintenance security shall be at least equal to 20% of the original amount of the performance security.
C. 
Subsequent to the acceptance of the dedication of the street and after receipt of the maintenance security, the Town Board may release all or part of the performance security.

§ 158-7 Classification of streets.

[Amended 5-3-2007 by L.L. No. 3-2007]
A. 
The Town Planning Board or the Town Board, if applicable, with the recommendations of the Town Superintendent of Highways and the Town Engineer, as applicable, shall determine and designate into which of the following classifications each proposed subdivision street falls on the basis of one or more of the criteria hereinafter set forth:
(1) 
Collector streets.
(2) 
Commercial streets.
(3) 
Suburban roads.
(4) 
Rural roads.
(5) 
Private roads.
B. 
Final plans shall be drawn to show, and the developer shall construct each street in accordance with, the particular specifications for its designated classification, as hereinafter set forth, as well as in accordance with the specifications common to all classifications.

§ 158-8 Determining criteria.

[Amended 5-3-2007 by L.L. No. 3-2007]
Determining criteria shall be as follows:
A. 
Collector streets. The proposed street:
(1) 
Is the direct and logical continuation of a street that carried 500 or more cars during a twelve-hour period as shown by the latest traffic count;
(2) 
Creates a shorter and more convenient through traffic artery so that it can be reasonably expected that traffic will be diverted from other major streets to such an extent that it will reach at least 500 cars in 12 hours two years after opening;
(3) 
Is the principal collector for 300 or more homes in the neighborhood; or
(4) 
Could logically be expected to become a collector street because of future construction or other foreseeable circumstances.
B. 
Commercial streets. The proposed street:
(1) 
Is in an area zoned for commerce or industry;
(2) 
Is on or so close to the dividing line between a residential and a commercial or industrial area that it may reasonably be expected to carry commercial or industrial traffic;
(3) 
Creates a shorter and more convenient route between a commercial or industrial area and an arterial street; or
(4) 
For any other reason may be expected to carry commercial or industrial traffic.
C. 
Suburban roads. The proposed street:
(1) 
Will generally serve subdivisions of 25 lots or more;
(2) 
May be a dead-end street with a one-hundred-twenty-foot-diameter cul-de-sac, a loop (through street) or a street connecting two existing Town, county or state highways; or
(3) 
Shall not be or be reasonably expected to become a through commercial or collector street.
D. 
Rural roads.
(1) 
The proposed street will generally serve subdivisions of 24 lots or less.
(2) 
Rural roads are generally not expected to be collector streets or commercial streets.
E. 
Private roads.
(1) 
General requirements.
(a) 
Private roads shall only be utilized or proposed for approval to serve lots for single-family use.
(b) 
The Town Planning Board shall not approve the use of a private road in any subdivision if it is determined that the use of said private road is not consistent with the health, safety, welfare and convenience of the proposed users of the road and the people of the Town in general.
(c) 
To the extent practicable, the owner of any lot having access only to an approved private road shall be the owner of the portion of the private road adjacent to his or her lot to the center line of said private road unless such other ownership provisions have been shown on the filed subdivision plat, as approved by the Planning Board.
(d) 
Responsibility for maintenance.
[1] 
Where a subdivision plat containing a private road is approved by the Planning Board and filed with the Orange County Clerk, such subdivision plat shall contain a note clearly stating that the subdivision contains a private road which the Town has no responsibility to maintain, provide services for nor make any improvements to; all such costs shall be borne by the property owners using said road in accordance with the terms of a maintenance declaration or agreement, as referenced herein below.
[2] 
All private roads will have provisions for the maintenance of the private road, drainage facilities and other improvements incorporated in a maintenance declaration or agreement, approved by the attorney for the Town and by the attorney for the Planning Board which shall be recorded in the Orange County Clerk’s office at the time of the filing of the subdivision plat and prior to the transfer of any subdivision lot (with a copy of the recorded document submitted to the Town Clerk for file).
[3] 
A private road may not be offered for dedication to the Town unless the owners of the private road shall first have caused it to meet or exceed the specifications set forth in this chapter for a public street for acceptance by the Town.
(e) 
The Planning Board shall require, as a condition of approval, that a performance guarantee in form and amount satisfactory to the attorney for the Town and the Town Board be posted with the Town to guarantee the installation of the private road and associated improvements.
(2) 
Construction specifications and additional requirements.
(a) 
If the Planning Board shall authorize the construction of a private road in accordance with the standards set forth in this chapter, said private road shall conform to the minimum standards set forth below and private road specifications attached:
[1] 
The private road will have the subbase prepared and compacted to maximum density (minimum 90%). Where grade alteration is required, the same shall be by use of suitable foundation course material, compacted to maximum density (minimum 90%). Material shall be certified by the design engineer as suitable for the purposes indicated;
[2] 
A private road shall not be less than 20 feet in width (finished surface) and shall have, in addition, shoulders five feet in width on both sides of the road, which shoulders shall be compacted roadway base and top material (full depth) and shall also have a two-foot roadway drainage swale adjacent to each shoulder. The swale shall be grass lined or stone lined, as deemed appropriate for the site condition;
[3] 
The right-of-way reserved for all private roads shall not be less than 50 feet in width; rights-of-way for culs-de-sac shall not be less than 120 feet in diameter;
[4] 
If any private road shall end in a cul-de-sac, said cul-de-sac shall have a finished surface being not less than 100 feet in roadway diameter. Alternate layouts will be considered, subject to Planning Board approval, when site conditions make construction of the full size cul-de-sac impractical;
[5] 
No portion of any private road shall have a grade exceeding 12%;
[6] 
All side slopes adjacent to or part of any private road shall not be steeper than a slope of two to one. A “one on two slope” is defined as a drop of one unit of distance vertically for every two units of distance horizontally;
[7] 
All private roads will be required to have a street name approved by Orange County 911 and the Town Board;
[8] 
No permanent or temporary private roads will be allowed off culs-de-sac; and
[9] 
An emergency vehicle turnaround shall be constructed at the end of all private roads.
(b) 
An index shall be kept by the Town Clerk of all subdivisions approved by the Planning Board which contain private roads. Said subdivisions shall be indexed by name, Tax Map designation(s) and date of approval.

§ 158-9 Construction specifications.

[Amended 5-3-2007 by L.L. No. 3-2007[1]]
A. 
The pages immediately following show the cross sections of each of the classifications for subdivision streets.[2] These give the required design, dimensions and construction details which are acceptable for each classification.
[2]
Editor's Note: Said cross sections are included at the end of this chapter.
B. 
The general and more detailed specifications follow for design and construction, which are applicable to all classifications of streets.[3]
[3]
Editor's Note: Said specifications are included at the end of this chapter.
C. 
The developer shall design and construct streets which shall conform to both the general and the specific specifications.
D. 
The subbase and foundation course shall be compacted mechanically to 90% modified Procter Dry Density, certified to by a professional engineer licensed by the State of New York. In lieu of such compaction, the subbase shall lay for at least the four-month winter period of December, January, February and March, in its entirety, after which it must be inspected and approved by the Town Superintendent of Highways and the Town Engineer.
E. 
In addition, the developer shall design and construct streets which shall conform to any additional requirements of the Town Superintendent of Highways and the Town Engineer. The final decision as to the interpretation of any part of these street specifications remains with the Town Superintendent of Highways, in consultation with the Town Engineer.
[1]
Editor's Note: This local law also repealed former Table 1, Summary Table of Street Specifications, which had been included at the end of this chapter.

§ 158-10 Construction access to lots.

The following list sets forth the proposed means of access that shall be followed by contractors working on construction lots. It should, of course, be pertinent to any construction access from a present or to-be-dedicated Town street.
A. 
Access to the lot shall be at a single point across the shoulder, curb, ditch or other roadside feature.
B. 
The access shall be over a twenty-foot-wide section of shale or other suitable stone placed at the future driveway point in order to prevent rutting or other damage to shoulder, curbs or ditches.
C. 
If this access crosses a ditch, a culvert pipe shall be installed to allow passage of normal storm drainage without blocking this drainage or causing it to flow into the street.
D. 
Tracked vehicles and those with cleated feet (cranes and backhoes) are to be prohibited from working on streets that have had paved base course or topcoat applied. These vehicles are to be unloaded so that they work on the lots, not in the streets.
E. 
Tracking mud and dirt onto paved streets is to be kept to a minimum. Excessive mud and dirt is to be cleaned off of the streets by the contractor.
F. 
If damage is done to the street, shoulders or curbs on the Town right-of-way and this damage is not repaired, money to do pavement replacement or other repair of such damage shall be received before a certificate of occupancy is issued.

§ 158-11 Monuments.

[Amended 12-28-2010 by L.L. No. 3-2010]
A. 
Permanent concrete, copperweld, standard aluminum (New York State Department of Transportation) or #6 (3/4 inch diameter) steel rebar 24 inches in length monuments shall be set on right-of-way lines of streets, at all intersections, angle points, points of curvature, beginnings and ends of streets and at all subdivision corners and angle points where designated on the final subdivision plat. There shall be a clear foresight and backsight to adjacent monuments on the right-of-way lines, which may require additional monuments on the line. All monuments shall exist on completion of the construction of the streets.
B. 
Monuments shall not be set before final grading has been completed nor shall they be set while frost is in the ground. They shall be so set and tamped as to prevent settlement or shifting.
C. 
If a monument should be located in a rock ledge, the surface shall be stripped and a #6 (3/4 inch diameter) steel rebar drilled into the ledge.
D. 
The developer's engineer or licensed land surveyor shall certify that the location of all monuments is accurate before acceptance of the street by the Town.

§ 158-12 Easements.

Where surface water from streets must lead through other than right-of-way gutters and storm drains or existing stream channels outside of the right-of-way, permanent drainage easements having a minimum width of 30 feet shall be provided to a point where a natural watercourse exists. In some cases this may include easements over property outside the boundaries of the subdivision involved, as required by the New York State Environmental Quality Review Act.[1] Natural stream or ditch channels shall have a minimum of fifty-foot-wide permanent easements, and these shall be shown on the proposed plans of the subdivision. All permanent easement lines shall be monumented as rights-of-way.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

§ 158-13 Clearing and grubbing.

A. 
The developer shall clear the entrance area within the limits of:
(1) 
The road right-of-way.
(2) 
Stream channels and ditches.
(3) 
Easement areas (as determined by the Town Superintendent of Highways and/or the Town Engineer).
B. 
All stumps, roots, walls, buildings or other intruding material shall be excavated and removed from the above areas.

§ 158-14 Excavation, filling and rough grading.

The developer shall complete the shaping of the road right-of-way, streams, ditches and easement areas to the line and grade as shown on the approved plans and as otherwise may be required by the Town Superintendent of Highways and the Town Engineer. In the construction of the roadway, all topsoil, loam, rocks and organic material shall be removed until a satisfactory subbase is established. In fills of less than three feet, all topsoil shall be excavated and removed. All fills shall be made with acceptable material as approved by the Town Superintendent of Highways. Such fills shall be made in layers of not more than 12 inches each and properly compacted with a ten-ton roller or equivalent.

§ 158-15 Subgrade.

A. 
After completion of the rough grade and prior to the laying of the foundation course, the subgrade shall be shaped to line and grade and thoroughly compacted with an approved self-propelled roller weighing not less than 10 tons. All hollows and depressions which develop under rolling shall be filled with acceptable granular material and again rolled, this process to be continued until no depressions develop. The subgrade shall not be muddy or otherwise unsatisfactory when the foundation course is laid upon it.
B. 
Any soft or unstable portions of the subgrade which develop under the roller shall be completely excavated and removed from the right-of-way and shall be replaced with acceptable granular material and the area regraded and compacted as above.
C. 
The subgrade shall be shaped to line and grade with no depressions. The subgrade shall be stable in all respects to the satisfaction of the Town Superintendent of Highways and the Town Engineer before the foundation course is laid. No large stones or rock ledges shall protrude into the foundation course. All slopes and sidewalk areas shall be graded before the foundation course is laid. All loose and exposed stones will be removed.

§ 158-16 Fine grading.

A. 
Before fine grading or construction of curbs and sidewalks is started, all storm and sanitary sewers and all utilities within the street right-of-way, including house connections for existing and future homes and hydrants, shall have been installed in accordance with approved final plans to the satisfaction of the Town Superintendent of Highways and the Town Engineer. All fill and backfill shall have been thoroughly compacted to the satisfaction of the Town Superintendent of Highways and the Town Engineer.
B. 
Before fine grading or construction of curbs and sidewalks is started, all heavy trucking for site construction purposes shall have been completed.
C. 
Fine grade shall conform to the required width of pavement and shall extend equidistant from the center line of the road right-of-way and shall conform to the typical cross section of the road pavement and to the approved line and grade.

§ 158-17 Foundation course.

A. 
After the fine grade and all curbs have been constructed to the satisfaction of the Town Superintendent of Highways and the Town Engineer, the developer shall furnish and place a foundation course of approved run-of-bank gravel, crusher run stone or crusher run gravel to the depths called for in these specifications. All materials acceptable for this course shall be hard, durable and sound and shall be well-graded from coarse to fine, the maximum diameter of the large particles not to exceed 2/3 the thickness of the compacted foundation course. Ninety percent to 100% by weight of the particles shall be of such size as will pass through a four-inch square hole, not more than 70% by weight pass the No. 40 mesh sieve and not more than 10% by weight pass the No. 200 mesh sieve.
B. 
The materials shall be placed on the finished subgrade by means of mechanical spreaders and shall be thoroughly compacted by rolling with a self-propelled ten-ton roller. Water shall be added to the materials in such amounts as the Town Superintendent of Highways and/or the Town Engineer may consider necessary for proper compaction. After compaction, the course shall be true to grade and cross sections, and any depressions shall be eliminated by the use of additional granular materials thoroughly rolled in place. In all cases, the foundation course must be so thoroughly compacted that it will not weave under the roller.
C. 
After compaction, the foundation course shall be fine graded to an elevation allowing for the asphaltic concrete pavement courses and approved by the Town Superintendent of Highways and the Town Engineer. A minimum of three months shall be allowed for the street to settle and compact before pavement shall be constructed. Stakes with final line and grade shall be maintained by the developer at all times to check the foundation course as well as the pavement.

§ 158-18 Drainage.

A. 
The drainage system and/or culverts shall be designed in accordance with established engineering principles and approved by the Town Superintendent of Highways and the Town Engineer. Plans for any drainage structure, when existing or proposed, shall be submitted in detail to the Town Superintendent of Highways and the Town Engineer for approval. The minimum grade of any drainage pipe or culvert shall be based on providing scouring velocities at low flow. The approved plans shall show invert elevations of the inlet and outlet of all drainage structures, as well as the length, slope and material of the structure of pipe. Any deviation from the approved plans shall be on approval of the Town Superintendent of Highways or the Town Engineer, in writing. No culvert pipe other than driveway pipe (twelve-inch minimum) shall be less than 15 inches in diameter.
B. 
Pipe for culverts may be reinforced concrete, fully coated aluminized corrugated metal or fully coated bituminous coated corrugated metal pipe with paved invert or corrugated polyethylene pipe (smooth flow), as approved by the Town Highway Superintendent and/or the Town Engineer. All culverts shall have flared end sections or headwalls.
C. 
The width of the trench in which the pipe is laid shall be sufficient to permit thorough tamping of the backfill around the pipe. A cushion of at least four inches, but at least six inches over rock, shall be laid in line with grade prior to laying the pipe. No rock over three inches in thickness shall protrude or lay in this cushion. The soil below the cushion shall be stable enough that there will be no settlement of pipe after backfilling of the trench.
D. 
Where soft, spongy or other unstable soil is encountered at the grade established, all such unstable soil under the pipe and for a width of one diameter on each side of the pipe shall be removed and replaced with run-of-bank gravel or other acceptable material. In all cases, the bed shall be thoroughly compacted and shall provide a firm foundation for the pipe.
E. 
The pipe shall be laid to true line and grade on the prepared bed of the trench. All connections for corrugated metal pipe shall consist of twelve-inch corrugated metal bands lapping on equal portions of the sections to be connected. All joints in making field connections of reinforced concrete pipe shall be filled with portland cement mortar. Backfilling of the trench shall be done with run-of-bank gravel or other suitable material approved by the Town Superintendent of Highways and the Town Engineer. The backfill shall be made in layers of no more than 18 inches which shall be mechanically tamped. In no case shall the top of any drainage pipe be less than 18 inches below the finished center-line grade of pavement or 12 inches below the grade at the edge of pavement or bottom of gutter.
F. 
All drainage structures shall be of a size sufficient to carry the rate of natural water runoff, stormwater and also that which, in the opinion of the Town Superintendent of Highways and the Town Engineer, may be reasonably anticipated from future construction both from within the development and from adjoining properties which normally drain across the area of the proposed development.

§ 158-19 Pipe materials.

A. 
Storm drain and culvert pipe shall be of either fully coated corrugated metal with paved invert, reinforced concrete or corrugated polyethylene (smooth flow) with a minimum diameter of 15 inches for initial street crossings and a minimum diameter of 18 inches for all other storm drainage.
B. 
Round corrugated metal pipe shall conform to Item IIG of Part III, Section 707, of Standard Specifications, Construction and Materials, New York State Department of Transportation, January 1985, or as later revised.
(1) 
All corrugated metal pipe shall be made of copper steel metal.
(2) 
All corrugated metal pipe shall be fully paved with bituminous material to a depth of not less than 1/8 inch measured over the crest of the corrugations of the inside circumference, with paved invert.
(3) 
All collars or connecting bands shall be at least 12 inches wide and shall be furnished with bolts at least six inches long.
C. 
Reinforced concrete pipe shall conform to the standard specifications for reinforced concrete culvert pipe adopted by the American Society for Testing Materials and designated as C76-59T, Class III. All reinforced concrete pipe shall be manufactured with slip joints or bell-and-spigot joints. Each piece of reinforced concrete pipe shall be marked with the specification number and the date of manufacture.
D. 
Corrugated polyethylene pipe with smooth interior and fittings shall be manufactured from the density polyethylene resin which shall meet or exceed the requirements of Type III, Category 4 or 5, Grade P33 or P34, Class C, per ASTM D1248. The nominal size of the pipe is based on the nominal inside diameter of the pipe. The tolerance on the specified inside pipe diameter shall be +3%, -1 1/2% or 1/2 inch, whichever is less. The pipe shall have a minimum pipe stiffness at 5% deflection of 40 pounds per square inch for eighteen-inch pipe. The pipe shall be joined by split corrugated couplings at least seven corrugations wide and exceeding the soil tightness requirements of the American Association of State Highway and Transportation Officials Standard Specifications for Highway Bridges, Section 23.

§ 158-20 Open ditches.

A. 
With the approval of the Town Superintendent of Highways and the Town Engineer, open ditches may be used in lieu of storm drain pipes when the grade of the land traversed is flat or when it is desirable to drain and dry up the surrounding area.
B. 
Open ditches shall be constructed in accordance with Figure 5[1] of these specifications, but in no case shall the grade of an open ditch be less than 1%. Riprap, when called for on the final plans or as determined in the field to be necessary by the Town Highway Superintendent and/or the Town Engineer, shall consist of field stone or rough, unhewn quarry stones as nearly cubical in form as is practicable, placed upon a slope not steeper than 1:2 and so laid that the weight of the large stones is carried by the soil and not by the stone adjacent. All stones shall weigh between 50 and 150 pounds each, and at least 60% of them weigh more than 100 pounds each. In certain specific cases, when determined by the Town Highway Superintendent and the Town Engineer, riprap shall meet the New York State Department of Transportation floodway specifications.
[1]
Editor's Note: Figure 5 is included at the end of this chapter.
C. 
The largest stones shall be placed first, roughly arranged and in close contact. The spaces between the larger stones shall be filled with spalls of suitable size. Stabilization of the ditch shall be such that scouring by calculated flows does not occur.
D. 
Whenever a drainpipe enters an open ditch, the bottom and sides of the ditch shall be riprapped for a distance determined by the Town Highway Superintendent and the Town Engineer, in no case less than 30 feet beyond the end of the pipe.

§ 158-21 Catch basins and curb inlets.

The following specifications and drawings[1] show the minimum acceptable construction for typical catch basins and curb inlets which shall be constructed to intercept surface water. Such structures shall be spaced no greater than 400 feet apart on grades of less than 3%. On grades from 3% to 6%, the distance apart shall not exceed 300 feet. On grades greater than 6%, the spacing shall not exceed 250 feet.
A. 
Excavation and concrete base. Holes for catch basins shall be excavated to a depth of 35 inches below the designated elevation of the invert of the effluent pipe. Crushed stone or run-of-bank gravel to a uniform depth of nine inches, leveled and compacted over the entire area under the base, shall be laid in the hole. On this stone or gravel shall be laid an eight-inch-thick slab of one-to-two-to-four mix portland cement concrete or the base of the steel reinforced preformed concrete basin shall be eight inches thick. A poured slab shall extend four inches beyond the outside of the walls of the catch basin on every side. The slab or base shall be smooth and level. Through the center of the slab or base there shall be an opening for drainage one square foot in area, which shall be protected and kept clean of concrete, mortar or other obstructing materials during construction.
B. 
Walls.
(1) 
To a maximum depth of five feet below the finished surface, the catch basin walls shall be constructed of solid concrete catch basin corner and stretcher blocks six inches thick, similar or equal to those manufactured by the Multiplex Concrete Co., Inc., of East Orange, New Jersey.
(2) 
From five feet to a maximum depth of 10 feet below the finished surface, the walls shall be constructed of solid concrete catch basin corner and stretcher blocks eight inches thick, similar or equal to those manufactured by the Multiplex Concrete Co., Inc.
(3) 
Below 10 feet from the finished surface, the catch basin walls shall be 12 inches thick and shall be constructed of concrete block conforming to ASTM Designation C-139. All hollows in or between blocks in each course shall be completely filled with mortar before the succeeding course is laid so that finished wall is solid.
(4) 
All blocks forming the catch basin walls shall be laid up with mortar composed of portland cement and mortar sand conforming to New York State Department of Transportation specifications in the proportion of 1:2.
(5) 
Inside dimensions of the catch basin shall remain constant from top to bottom and shall match the frame opening of the curb inlet to be used.
(6) 
Precast catch basins may be used if approved by the Town Highway Superintendent and/or the Town Engineer.
C. 
Installation of pipes.
(1) 
Concrete around all pipes entering or leaving catch basins shall be cut to fit the contour of the pipe as closely as possible. Remaining interstices shall be solidly filled with mortar for the full thickness of the wall. Ends of all pipes shall be cut off flush with the inside surfaces of the catch basin walls.
(2) 
When the diameter of the effluent pipe is greater than that of the influent pipe, the elevation of the top of the influent pipe shall be no lower than the elevation of the top of the effluent pipe.
(3) 
When the diameter of the effluent pipe is the same as or smaller than that of the influent pipe, the elevation of the invert of the effluent pipe shall be equal to or lower than the invert of the influent pipe. In no case shall the top of any influent pipe be more than five feet above the invert of the effluent pipe.
D. 
Curb inlets.
(1) 
All catch basins shall be capped with curb inlets having a minimum frame opening of 30 inches by 48 inches. Curb inlets shall be similar to or equal to Campbell Foundry Company Pattern No. 2541 (stream flow grating) with an eight-inch curb inlet.
(2) 
Curb inlets shall be installed so that the top of the grating is two inches below the finished grade at the curb. The pavement shall be sloped toward the inlet as shown on the drawings which follow.[2]
[2]
Editor's Note: The drawings are included at the end of this chapter.
E. 
Steps. Catch basins having a depth greater than 48 inches from the finished surface to the top of the concrete base shall be provided with steps. Steps shall be of aluminum or polyethylene-coated steel having a minimum diameter of 3/4 inch, which shall be hot-bent to shape and hot-dipped galvanized after bending. They shall be solidly set in the masonry at the time of construction and shall extend all the way through the wall. The steps shall extend 4 1/2 inches inside the wall of the catch basin. The top step shall be not more than 18 inches below the finished surface, and thence to the base, steps shall be no more than 12 inches apart.
[1]
Editor's Note: The specifications and drawings are included at the end of this chapter.

§ 158-22 Headwalls and end sections.

Culverts shall extend to the toe of embankments and terminate with a headwall or prefabricated end section. See Figure 7 for details of construction.[1] The bearing of all headwalls shall have a solid base. If soft material is encountered, it shall be removed and backfilled with run-of-bank gravel. It shall be the responsibility of the developer that no headwalls shall crack or become tipped from settlement. Concrete shall have a compressive strength of 3,500 pounds per square inch after 28 days.
[1]
Editor's Note: Figure 7 is included at the end of this chapter.

§ 158-23 Groundwater.

If, in the opinion of the Town Superintendent of Highways and the Town Engineer, it is necessary to intercept and carry away groundwater within the limits of the right-of-way to protect the stability of the roadbed, curb or sidewalk areas, the subdrainage required by the Town Superintendent of Highways and the Town Engineer shall be installed. Perforated pipe or porous wall piping having a minimum diameter of four inches, encased in six inches of three-fourths-inch clean crushed stone or crushed gravel shall be used for such purpose in amounts deemed necessary by the Town Superintendent of Highways and the Town Engineer.

§ 158-24 House drains and other drains.

A. 
Roof, footing and cellar drains shall in no case be allowed to flow directly onto the street right-of-way. With the approval of the Town Superintendent of Highways and the Town Engineer, in writing, these drains may be piped to existing stormwater drains, if any, to which they will be connected above the horizontal center line of the pipe only. Such drains must be installed prior to the start of the application of the foundation course. Drains from the sanitary sewers or septic tanks will not be permitted to flow into road ditches or storm drains under any circumstances.
B. 
Any such existing drains shall be changed within two years to a conforming drain because they create potential hazards to public health, safety and welfare. Said two-year period shall commence upon written notification by the Town Superintendent of Highways.

§ 158-25 Grades and vertical curves.

Streets shall be so designed that furnished tangent grades will not be less than 1% nor more than 10%. Every change in grade shall be effected with a vertical curve of sufficient length to ensure adequate stopping sight distance and to provide for smooth transition. These vertical curves shall be designed in accordance with the graph shown on Figure 8 of these specifications,[1] which is taken from New York State standards for speeds of 30 miles per hour.
[1]
Editor's Note: Figure 8 is included at the end of this chapter.

§ 158-26 Curbs.

On through, commercial, suburban or rural streets, six-inch portland cement concrete curbs shall be constructed on both sides of the street as shown in Figure 9,[1] prior to laying street pavement to the dimensions and specifications shown in Table 1, Summary Table of Street Specifications.[2] A base course of eight inches of run-of-bank gravel, tamped and free of stone over two inches in thickness, shall be laid under all curbing. Concrete having a compressive strength of 3,500 pounds per square inch after 28 days shall be used and shall be finished and cured to the satisfaction of the Town Superintendent of Highways and the Town Engineer. The developer, at his own expense, shall replace any curbing that has settled, cracked or scaled or has become damaged in any way by the developer before and within the twenty-four-month maintenance period after dedication. Curbs shall be depressed four inches at all driveways. All necessary driveway entrances within a subdivision shall be constructed at the time of construction of the curb. Stone curbs or precast curbs may be substituted on approval of the Town Superintendent of Highways and the Town Engineer.
[1]
Editor's Note: Figure 9 is included at the end of this chapter.
[2]
Editor's Note: Table 1 is included at the end of this chapter.

§ 158-27 Residential driveways.

A. 
The developer shall design, lay out and construct all driveways, both within and without the limits of the right-of-way, with sufficient sight distance. The minimum width of the driveway pavement at the curb or street pavement line shall be 15 feet, tapering to a minimum of 10 feet at the right-of-way line. The elevation of the driveway at the right-of-way line shall be the same as the street center line elevation. All driveways shall have a six-inch run-of-bank gravel foundation course from the curb to the right-of-way line and no less than a four-inch asphaltic cement wearing course from the curb or street pavement line 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 and/or the Town Engineer prior to the issuance of a certificate of occupancy. Only driveway points are to be used for contractor access to each building lot.

§ 158-28 Commercial driveways.

Commercial driveways shall be designed in accordance with anticipated heavy traffic usage, as determined by the Town Superintendent of Highways and the Town Engineer.

§ 158-29 Sidewalks.

Where sidewalks are required by the Planning Board, or Town Board, if applicable, the developer shall construct four-inch-thick reinforced portland cement concrete sidewalks on both sides of streets as shown on Figures 1, 2, 3 and 4.[1] Concrete shall be of a one-to-two-to-three mix, air-entrained with Durex or equal, one course, properly screened, floated and broom-finished to true grade to the satisfaction of the Town Superintendent of Highways.
[1]
Editor's Note: Figures 1, 2, 3, 4A and 4B are included at the end of this chapter.

§ 158-30 Intersections.

A. 
All intersections with existing Town or county roads and intersections within the development shall be constructed with the edge of the pavement having a radius of 20 feet minimum and 35 feet maximum, as determined by the Town Superintendent of Highways and the Town Engineer. All intersecting streets shall have a minimum horizontal sight distance of 400 feet in each direction. Exceptions for less than 400 feet will be in writing and approved by the Town Superintendent of Highways and the Town Engineer.
B. 
Where a development street intersects a Town or county road, the approved plans will show the proposed type, length and diameter of pipe and drainage flow along said road. The pipe will be installed and paid for by the developer under the direction of the Town Superintendent of Highways and the Town Engineer or the County Superintendent of Highways or his representative, as the case may be.
C. 
The grade of the intersecting street with a Town or county road shall be no more than one inch per foot from the edge of the shoulder of the Town or county road to the right-of-way or road line of said road. The County Superintendent of Highways shall be notified of all intersections with county roads for approval of location, grade and drainage structures.

§ 158-31 Turnarounds.

Whenever a temporary or permanent dead end is allowed on a subdivision street, a turnaround shall be constructed. This turnaround shall take the form of a tee or a circle as required by the Town Planning Board, or Town Board, if applicable, and shall be constructed as shown on Figures 15 and 16.[1] The temporary type of construction shall be used only when authorized by the Town Planning Board, or Town Board, if applicable, because of the foreseeable future extension of the street.
[1]
Editor's Note: Former Figures 15, Minimum Standards for Turnarounds, and 16, Standards for Turnarounds, were repealed 5-3-2007 by L.L. No. 3-2007.

§ 158-32 Street and traffic control signs.

The developer, at its own cost and expense, shall furnish and install four-way street name signs at every street intersection made by the street he constructs. Traffic control signs, as necessary for public safety, shall be furnished and installed by the developer as directed by the Town of Wawayanda. Signs and posts shall conform to the standards established by the Town Board by resolution.

§ 158-33 Pavement.

A. 
Base course. After the foundation course has been completed to the satisfaction of the Town Highway Superintendent and the Town Engineer, asphaltic concrete conforming to the current specifications of the New York State Department of Transportation shall be uniformly spread by a self-propelled mechanical spreader equipped with tamping bars and heating unit and in sufficient depth so as to provide a finished compacted thickness after rolling equal to that specified. The base material in place shall be thoroughly rolled with a ten-ton vibratory roller.
B. 
Binder course. After the base course has been thoroughly cured and cleaned of all foreign material, an asphaltic concrete binder course shall be uniformly spread by a self-propelled mechanical spreader equipped with tamping bars and heating unit and in sufficient depth so as to provide a finished compacted thickness after rolling of not less than 1 1/2 inches. The course in place shall be thoroughly rolled with a ten-ton vibratory roller.
C. 
Wearing course. After the binder course has been completed and thoroughly cleaned of foreign material and a tack coat of asphalt emulsion has been applied to the surface at a rate of 1/10 to 1/20 gallon per square yard, a final wearing course of fine asphaltic concrete shall be uniformly spread by a self-propelled mechanical spreader equipped with tamping bars and heating unit and in sufficient depth so as to provide a finished compacted thickness after rolling of not less than 1 1/2 inches. The fine wearing course in place shall be thoroughly compacted with a ten-ton vibratory roller.
D. 
Joints. Extreme care shall be exercised in the placing of asphaltic concrete to ensure that all longitudinal joints shall be lapped in the placing of adjoining strips and that all lateral joints are trimmed before continuing with the placing of additional materials on that strip.
E. 
Temperature and seasonal requirements.
(1) 
The bituminous mixture shall be produced, delivered to the work site and incorporated into the work within (20º F. of the temperature specified by the Engineer but within the mixing and placing temperature range of 250º F. to 325º F.).
(2) 
Bituminous plant mix shall not be placed on any wet surface or when surface temperature is less than specified in the table below or when weather conditions otherwise prevent the proper handling or finishing of the bituminous mixtures as determined by the Engineer. The pavement surface course shall be paved within the seasonal limitations indicated in the table below:
Nominal
Compacted
Lift Thickness
(inches)
Surface
Temperature
Minimum
(degrees Fahrenheit)
Seasonal Limits
Greater than or equal to 3
40
None
Between 1 and 3
45
April 1 through 3rd Saturday of November
Less than or equal to 1
50
April 1 through 3rd Saturday of November
(3) 
All temperatures shall be measured on the surface where the paving is to be placed and the controlling temperature shall be the average of three temperature readings taken at location plus or minus 25 feet apart.
(4) 
The surface temperatures in the table above apply for both pavement surface and shoulder surface courses. Paving shall be discontinued as soon as the temperature falls below the requirements.
(5) 
Bituminous paving mixtures for curbs, driveways, sidewalks, gutters and other incidental construction shall be placed on surfaces having a temperature of 45º F. or greater unless otherwise authorized by the Engineer. Placing of these items is not subject to seasonal limitations.
F. 
The thickness of asphalt paving as set forth in the attached typical cross section specification sheets.[1]
[Added 5-3-2007 by L.L. No. 3-2007]
[1]
Editor's Note: See Figures 1, 2, 3, 4A, 4B, 5A and 5B, which are included at the end of this chapter.

§ 158-34 Damage; forfeit of bond.

Damage and failure to repair any portion of the street or highway, following acceptance of the same by the Town, shall preclude release of the performance and/or maintenance bond to the developer.

§ 158-35 Interpretation and modification of provisions.

Final decision as to the interpretation of any part of these street specifications shall rest with the Town Superintendent of Highways. He shall have the authority to modify the requirements of these specifications when, in his opinion, conditions make it impracticable to follow the strict letter of these specifications or when conditions make it unnecessary to do so, such as, for example:
A. 
When a storm drain meets or follows an existing brook so that a one-percent grade cannot be obtained without unreasonable channel changes, the Town Superintendent of Highways may allow a grade of less than 1%, provided that the pipe size is adequately increased.
B. 
When the subbase of a street or road is already composed of an acceptable granular material, the Highway Superintendent may waive or modify the requirement of a foundation course.

§ 158-36 Specifications for materials.

A. 
Run-of-bank gravel. All materials shall be hard stone and well-graded from coarse to fine and, in general, shall conform to the following: The particles shall be of a size that will pass through a four-inch square mesh. Run-of-bank gravel shall be free of topsoil, sod and other objectionable materials with no more than 10% passing a No. 200 mesh sieve and approved by the Town Superintendent of Highways and the Town Engineer.
B. 
Crushed stone, crushed gravel and cover material.
(1) 
All materials shall consist of clean, durable, sharp-angled fragments of rock or gravel, free from soft or disintegrated stone, dirt or other objectionable materials.
(a) 
Crushed stone shall meet the following percentages by weight, passing through square screen openings:
Crushed stone
(percentage)
Size of Screen
(inches)
90 to 100
1 1/2
55
1
15
1/2
(b) 
Crushed gravel shall meet the same requirements as crushed stone except that the mixture must have a minimum of 75% fractured particles.
(c) 
Cover material shall consist of clean, sound, hard particles 1/2 inch in size.
(2) 
All materials will be sampled and tested whenever it may appear to be desirable. All materials must pass the soundness test for Type B as prescribed by the specifications of the New York State Department of Transportation and approved by the Town Superintendent of Highways and the Town Engineer.
C. 
Concrete for headwalls, etc.
(1) 
All concrete for headwalls, etc., shall be mixed in mechanical mixers with contents of 100% portland cement, clean water free of oil, salt, acids, alkali, vegetable matter or other deleterious matter and aggregate that is clean, hard crushed stone or crushed gravel free from clay, silt, loam or other deleterious matter.
(2) 
Concrete shall develop an average compression strength of not less than 3,500 pounds per square inch at 28 days and approved by the Town Superintendent of Highways and the Town Engineer.

§ 158-37 Penalties for offenses.

[Added 4-8-1993 by L.L. No. 2-1993]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.