[HISTORY: Adopted by the Town Board of the Town of Ellicott 8-17-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
The Town Board of Ellicott, New York, does adopt the following procedures and regulations in an effort to create uniformity in the design and construction of all future streets, as well as the process under which streets are offered to the Town for dedication by private developers, in an effort to ensure the safety of residents and protection of the environment.
This chapter of the Code shall be cited as "Dedication of Streets and Highways."
Street/road specifications: Any owner or group of owners who desires to have a street or road taken over by the Town of Ellicott as a public street or highway may declare by offering to dedicate such street or road to the Town, and agreeing to comply with the following requirements. Before any street, road or highway shall be accepted by the Ellicott Town Board as a public Town highway, it shall meet the following minimum requirements:
Right-of-way. The right-of-way shall be not less than 50 feet in width.
Temporary dead-end streets or roads. There shall be a turnaround provided at no more than 100 feet and no less than 50 feet from the end of the temporary dead-end street or road. This turnaround should be a minimum of 30 feet in width and 40 feet in depth. It must run perpendicular to the street/road at a 90° angle. This turnaround should preferably exit from the street/road to the left when traveling toward the dead-end. Construction of the turnaround must equal that of the street/road requirements.
Permanent dead-end street/road. When the street/road is deemed to be a permanent dead-end street/road where the end of the street/road abuts adjoining property owners, there shall be a cul-de-sac constructed of the same specifications as the street/road. It shall have a minimum outside radius of cul-de-sac pavement of 50 feet, touch but not intersect such property line and the gores of land bounded by the adjoining property and by the perimeter of the circle shall be shown on the map as proposed dedication to the Town and shall be included in any dedication of the street or road.
Natural waterways. Where a natural waterway crossing or adjacent to any street/road into which said street/road may drain is deemed insufficient to carry off the drainage upon a proposed street/road, and, in that event, at the discretion of the Town Planning Board and the Town Superintendent of Highways, a storm sewer of type, size and construction acceptable to the Planning Board and the Superintendent of Highways shall be installed. All bridging and sluice pipe deemed necessary to accomplish the above approved by the Town Superintendent of Highways shall be furnished by the owner. The cost of sluices, bridges, and pipes necessary to accomplish the above purpose shall be borne solely by the property owner seeking to dedicate said land for said purposes.
Adverse effects from development. When and in the event a street/road development shall cause adverse effects from water shed or any other problems on neighboring towns, villages, cities or property owners, etc., written approvals from these establishments must accompany all development plans and projections. A permanent easement shall be provided by the owner across private property and reserved to the Town of Ellicott for the installation and/or maintenance of ditch or storm sewer to a natural watercourse shown on the map and included in the deed of dedication to the Town. Such permanent easement shall be not less than 30 feet in width.
Trees, brush, stumps, etc. All trees, brush, stumps and other growth must be removed from the full fifty-foot right-of-way, and any limbs, branches, brush, etc. protruding into the fifty-foot right-of-way must also be removed.
Stormwater management. With adequate removal of clay, rocks, and topsoil, side ditches shall be formed not less than one foot lower than the finished center-line grade. Ditches shall be formed so that there is a minimum of 40 feet between them. The fore and back slopes shall be in accordance with the instructions of the Town Superintendent of Highways depending on soil conditions and road grade. All sluiced or drain pipes placed in ditches will be a minimum of 12 inches. If stormwater is piped, subgrade edge drainage will be installed, as directed by Highway Superintendent, under the road to drain into drop inlet catch basins which will be used with any underground drainage and placed not more than 60 feet apart. Any stormwater not directed to a ditch must be conveyed to catch basins by means of cement gutter installed to specifications set by the Town Superintendent of Highways. All driveways on the road must slope away from the bituminous surface at a slope of at least 3/4 inch per foot to a point over the ditch line. Headwalls are not permitted in the right-of-way.
Subgrade. The street/road shall be graded to a subgrade of 12 inches below the finished grade; properly crowned to shed water laterally to the side ditches and thoroughly compacted to a width of not less than 36 feet. Upon the sub grade shall be spread coarse run of the bank or creek gravel consisting of 80% stone of sizes from 1/2 inch to no larger than eight inches (free from clay and soil) broken stone or slag compacted to depth of 12 inches for a width of not less than 30 feet. Six inches of screened or crusher run gravel with stones no larger than three inches must then be applied and compacted to a width of no less than 28 feet.
Bituminous surface. Upon the compacted gravel there shall be two layers of bituminous asphaltic concrete with a width of no less than 28 feet. The base layer will consist of no less than three inches compacted of Dense Binder Type 3 (403.138902). The final top coat will consist of no less than 1 1/2 inches compacted Top Course Type 7F (403.198202). Bituminous layers will be properly crowned so that the slope of the road drops from the center crown to the edges at a slope of no less than 1/4 inch per foot and no more than 3/8 inch per foot.
Intersecting other Town streets/roads. When and in the event a street/road intersects another Town street/road, the proposed street/road must intersect at a 90° angle to enhance adequate visibility. There shall be no unnecessary curves or jogs in the street/road unless they are unavoidable due to contour of terrain of land. If curves or jogs are deemed necessary, they must be approved by the Superintendent of Highways and may alter normal specification requirements.
Intersecting state or county highways. When and in the event that a street/road shall intersect a state or county highway, the owner shall submit to the Town Planning Board and the Town Superintendent of Highways approval, in writing, from the New York State Department of Transportation or the County Superintendent of Highways for said intersection.
All applications for the dedication of streets shall be accompanied by three copies of a survey, prepared by a licensed land surveyor, dated within one year from the date of application and in a form that is proper for recording in the Chautauqua County Clerk's office. Such survey must show the profile of the proposed street and all other proposed improvements, and of each existing street within 200 feet of the proposed street. The survey must contain a certification by the surveyor that the road and related improvements have been constructed in accordance with the survey and profile as submitted.
All applications shall be accompanied by a proposed warranty deed and any and all other necessary legal instruments to give the Town clear and undisputed title to the dedicated street, together with a thirty-year search of the parcel to be conveyed. All proposed deeds and titles shall be passed upon by the Town Attorney, whose decision shall be final. In the event that any easements or rights-of-way are necessary to remove surface water, in the opinion of the Superintendent of Highways, the applicant shall produce legal documents sufficient to show title to such easements and rights-of-way as are acceptable to the Town Attorney.
Where proposed streets intersect streets owned by another municipality, the application shall contain letters from the municipalities approving the intersections.
One copy of all applications shall be provided to the Ellicott Highway Superintendent for his or her review at least 10 days prior to a public meeting where the dedication of streets will be considered by the Town Board.
Prior to accepting the dedication of a street or streets, the Town Board shall seek input from the Town Highway Superintendent and Town Attorney. At the discretion of the Town Board, the Board may refer the proposed dedication to the Planning Board for review and comment. The Town Board shall not accept the dedication of any street which does not comply with these provisions.