[Adopted 7-1-1986 by L.L. No. 2-1986]
This is a law regulating the dedication of any road or drainage facilities
in connection therewith in the Town of Forestburgh, Sullivan County, New York.
It may be referred to as the "Town of Forestburgh Road Law."
It is the purpose of this Part 2 to establish minimum acceptable standards
of road design and construction, including widths, development of right-of-way,
paved roadway, storm drainage and other utilities for new roads and for roads
to be dedicated to the Town of Forestburgh. Dedication of the right-of-way
shall not be accepted until the applicants' licensed professional engineer
and the Town representative shall have certified to the Town
Board that the development of the roads has been completed in accordance with
the approved plans which shall conform to the following specifications.
As used in this Part 2, the following terms shall have the meanings
indicated:
The Town Superintendent of Highways and/or the Town Engineer.
A.Â
The applicant will not be allowed to take advantage of
any error or omission in the specifications or drawings as full instructions
will always be given if such error or omission is discovered. Further, the
applicant shall, immediately upon his discovery of any statement or detail
which is discrepant or which otherwise appears to be in error, bring the same
to the attention of the Town representative for decision or correction.
B.Â
Approval of any application by the Town representative
shall not be deemed an acceptance of said dedication by the Town Board of
the Town of Forestburgh.
A.Â
General. Before commencing construction of any road within
the Town of Forestburgh for which dedication to the Town will be sought, the
owner(s) of the property over which such road passes or for whose benefits
such road is being constructed shall submit an application to the Town Clerk
of the Town of Forestburgh. Such application shall set forth the name(s) of
the record owner(s) of real property through which said road passes or abuts,
the intended use of said road and the name of the contractor or contractors
responsible for the construction of said road. The applicant shall further
submit five copies of a map prepared by a licensed land surveyor and certified
to the Town, showing the following:
(1)Â
Proposed plans and profiles of the roads, which shall
be designed by a professional engineer.
(2)Â
A map at a scale of one inch equals 100 feet or larger.
(3)Â
Street names.
(4)Â
Distance and bearings of right-of-way lines.
(5)Â
Storm drainage systems.
(6)Â
Locations of utilities and drainage easements.
(7)Â
Locations and names of the record owners of real property
over which proposed roads pass and abut.
B.Â
Right-of-way. Right-of-way widths shall be a minimum
of 50 feet for all roads.
C.Â
Geometric requirements. All roads shall be designed following
generally accepted highway engineering principles.
(1)Â
Street jogs. Street jogs with center line offsets of
less than 125 feet shall be avoided.
(2)Â
Angle of intersection. In general, all streets shall
join each other so that for a distance of at least 100 feet the street is
approximately at a right angle to the street it joins.
(3)Â
The street plan shall bear a logical relationship to
the topography of the property, and if building sites are proposed along said
proposed street, the street shall be arranged so as to obtain as many of the
building sites as possible at or above the grade of the streets. Grades of
streets shall conform as closely as possible to the original topography.
(4)Â
Grades. Grades of all streets shall conform in general
to the terrain and shall not be less than 0.5% nor more than 6% for streets
intended to carry considerable lines of traffic (collection street), or 10%
for streets used primarily to provide access to abutting properties (minor
street).
(5)Â
Changes in grade. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval of
the Town Board so that clear visibility shall be provided for a safe distance.
(6)Â
Curve radii at street intersection. All street right-of-way
lines at intersections shall be rounded by curves of at least a twenty-foot
radius, and curbs, if required, shall be adjusted accordingly.
(7)Â
Steep grades and curves; visibility of intersections.
A combination of steep grades and curves shall be avoided. In order to provide
visibility for traffic safety, the Town Board may direct that a portion of
any corner lot be cleared of all obstructions above the level three feet higher
than the center line of the street.
(8)Â
Dead-end streets (culs-de-sac). Where dead-end streets
are designed to be so permanently, they should, in general, not exceed 800
feet in length and shall terminate in a circular turnaround having a minimum
right-of-way radius of 70 feet and pavement radius of 60 feet. At the end
of temporary dead-end streets, a temporary turnaround with a pavement radius
of 60 feet shall be provided unless the Town Board approves an alternate arrangement.
(9)Â
Tangents between reverse curves. A tangent of at least
100 feet shall be introduced between reverse curves on all streets.
A.Â
General.
(1)Â
The applicant shall establish and clearly mark the site
of the limits of the right-of-way, the center line, the grades of the roadway
and the location and elevation of drainage structures. Such markers shall
be maintained at the applicant's expense until construction of the roadway,
drainage and shoulders has been completed and accepted by the Town of Forestburgh.
(2)Â
Unless otherwise directed in writing by the Town Board,
final grading of the right-of-way and construction of road pavement shall
be delayed until all utilities, including house connections, have been installed
and backfill in trenches has thoroughly settled. Earth shoulders and flow
lines of ditches shall be maintained at all times at the applicant's expense
during the course of construction.
(3)Â
Construction of road, pavement, shoulders, and drainage
structures shall be under the direction of the applicant's engineer and the
Town Board or Town representative.
(4)Â
Samples of materials to be used in the construction of
the roadway shall be furnished to the Town Board, and it shall determine if
laboratory tests are necessary. The applicant shall be required to pay for
any standard engineering tests which the Town Board shall deem necessary.
(5)Â
The Town Board or Town representatives shall be granted
full access to any construction taking place under these specifications and
shall be allowed to take any standard engineering field test which may be
appropriate.
(6)Â
All thicknesses called for are compacted thicknesses.
(8)Â
Guide rails. Guide rail type and location shall be installed
in accordance with the latest New York State Department of Transportation
requirements.
(9)Â
Signs. All signs installed shall be in conformance with
the New York State Manual of Uniform Control Devices.
B.Â
Earthwork.
(1)Â
Clearing and grubbing. Clearing and grubbing shall consist
of clearing the area of all trees, to be inspected by the Town Board or Town
representative before gravel is put into place, downed timber, snags, brush
and other vegetation and shall be limited to that area to be covered by the
roadway proper, shoulders, side slopes and ditches. All cleared material shall
be removed from the development or buried in a lot unsuitable for a building
or otherwise disposed of in a manner approved by the Town Board or Town representatives.
(2)Â
Subbase. All rock and boulders larger than six inches
in diameter shall be excavated six inches below the finished subgrade of the
roadway. All topsoil or otherwise soft or unstable material shall be removed
from within the roadway, shoulders and ditches and shall be replaced with
suitable borrow. Fill required to complete the approved grades shall be acceptable
to the Town Board or Town representatives.
(3)Â
Base course. Gravel shall be 14 inches in depth (with
maximum size stone of six inches) and topped off with four inches of crusher
run or item 4, to have a total of eighteen-inch base, and shall be a minimum
of 32 feet wide. Gravel base shall be allowed to settle from November 1 to
June 1, or for such longer period as may be required by the Town Board or
Town representative, before pavement is applied.
[Amended 11-6-1987 by L.L.
No. 4-1987]
(4)Â
Surfacing: pavement consisting of two inches minimum,
applied with a paving machine and blotted with No. 1 crushed stone: type of
paver is to be approved by the Highway Superintendent. The surface is to be
coated with a minimum 3/10 of a gallon per square yard of NYSDOT approved
bituminous road oil and blotted with 1-A crushed stone. The surface is to
be blotted with sufficient crushed stone to prevent bleeding: pavement is
to be 20 feet in width.[2]
C.Â
Design and construction of drainage structures.
(1)Â
All drainage facilities with a waterway area of 25 square
feet or less shall be of steel construction or one-quarter-inch thick steel
pipe or galvanized or tarred corrugated steel, with a minimum of sixteen-gauge
thickness, or smooth bore polyethylene, and shall be designed to accommodate
runoff for a storm of ten-year frequency, unless otherwise specified by the
Superintendent.
[Amended 6-6-1996 by L.L.
No. 1-1996]
(2)Â
Drainage structures with a waterway area over 25 square
feet will be designed by a professional engineer and shall be capable of carrying
the runoff from a storm of fifty-year frequency. The type and size shall be
approved by the Town Board or Town Representative and shall be constructed
to the prescribed line and grade at the approved location.
(3)Â
In no event shall the diameter of any sluice pipe be
less than 15 inches.
(4)Â
Drainage channels shall be designed following generally
accepted hydraulic engineering principles. Channels shall be normally of a
trapezoidal cross-section with side slopes of two feet on one foot.
(5)Â
The banks on both sides of drainage facilities and bridges
servicing a stream or larger watercourse shall have a riprapped construction
of the banks beyond the headwalls. Distance of riprap is to be determined
by the Town Board or Town representatives.
D.Â
Turf establishment. All areas designated for turf establishment
by the Town Board shall be seeded, fertilized, limed and mulched utilizing
the following materials in the quantities specified:
E.Â
Signs and street names. Any proposed street name shall
be approved by the Town Board of the Town of Forestburgh and shall not duplicate
or so closely resemble any existing street name as to be easily confused.
In general, streets shall have names and not numbers or letters. The applicant
shall pay for the cost of approved street signs and sign posts.
A.Â
Wherever possible, utilities shall be underground and
shall be placed in the street right-of-way between the ditches and the outside
boundary of the right-of-way to simplify location and repair of lines when
they require attention.
B.Â
Whenever it is necessary that utilities cross the roadway,
they shall do so at a right angle to the roadway.
After the roadway is completed, eight copies of the map showing the
elevations of the road as built, inverts of all drainage structures as installed
and the location of monuments marking all underground utilities as actually
installed shall be furnished to the Town Board prior to the release of the
performance bond.
Before the Town Board accepts dedication of land for highway purposes,
the applicant shall follow the procedures set forth in either Subsection A
or B below:
A.Â
In an amount set by the Town Board, the applicant shall
either file with the Town Clerk a certified check to cover the full cost of
any required improvements, or the applicant shall file with the Town Clerk
a performance bond to cover the full cost of the required improvements. Any
such bond shall be satisfactory to the Town Board and Town Attorney as to
form, sufficiency, manner of execution and surety. The performance bond shall
run for a term fixed by the Town Board, but in no case for a period longer
than two years.
B.Â
The applicant shall complete all required improvements
to the satisfaction of the representative of the Town designated by the Town
Board, who shall file with the Town Board a letter signifying the satisfactory
completion of all improvements required by these regulations. For any required
improvements not so completed, the applicant shall file with the Town Clerk
a bond or certified check covering the cost of such improvements and the cost
of satisfactorily installing any improvements not approved by the Town representative.
Any such bond shall be satisfactory to the Town Board and Town Attorney as
to form, sufficiency, manner of execution and surety.
C.Â
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town representative and a map satisfactory to the Town representative has been submitted as required in § 144-18 hereof. If the applicant completes all required improvements according to Subsection B, then said map shall be submitted prior to an acceptance of said land for highway purposes by the Town Board. However, if the applicant elects to provide a bond or certified check for all required improvements as specified in Subsection A, such bond shall not be released until such a map is submitted.
D.Â
The aforementioned bond shall guarantee to the Town Board
that:
(1)Â
Within two years of the approval of the application,
the applicant shall complete all construction within the right-of-way or make
such additional improvements as shall be required in accordance with approved
plans and specifications.
(2)Â
The applicant shall pay the full cost of such construction
and shall deliver to the Town Board releases from all contractors participating
in the construction or improvement of the completed right-of-way.
(3)Â
The applicant shall, upon completion of said right-of-way
to the satisfaction of the Town Board, dedicate such completed right-of-way
or easement to the Town for public use, free and clear of all liens and encumbrances.
E.Â
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the applicant shall notify
the Town representative in writing of the time when he proposes to commence
construction of such improvements, so that the Town representative may cause
inspection to be made to assure that all Town specifications and requirements
shall be met during the construction of required improvements and to assure
the satisfactory completion of improvements and utilities required by these
regulations.
F.Â
Proper installation of improvements. If the Town representative
shall find, upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements have not
been constructed in accordance with the plans and specifications filed by
the applicant, he shall so report to the Town Board. The Town Board then shall
notify the applicant and, if necessary, the bonding company and take all necessary
steps to preserve the Town's rights under the bond.
G.Â
Failure to complete improvements during term of security.
In the event that any required improvements have not been installed as provided
in these regulations within the term of such performance bond, the Town Board
may thereupon declare said performance bond to be in default and collect the
sum remaining payable thereunder, and upon receipt of the proceeds thereof,
the Town Board shall install such improvements as are covered by such performance
bond but not exceeding in cost the amount of such proceeds.
H.Â
Maintenance bond. Where the Town Board has agreed to
accept any land dedicated for highway purposes, the applicant may be required
to file with the Town Board a bond in an amount to be determined by the Town
Board to be sufficient to assure the satisfactory condition of the initial
improvements for a period of one year following their completion and subsequent
acceptance by the Town Board. Such bond shall be satisfactory to the Town
Attorney and Town Board as to form, manner of execution, sufficiency and surety.
A.Â
Any person who violates any provision of this Part 2
shall be deemed to have committed an offense against this Part 2 and also
shall be liable for said violation.
B.Â
Any person, firm or corporation violating this Part 2
shall be subject to civil penalty enforceable and collectible by the Town
in the amount of $50 for each offense: such penalty shall be collectible by
and in the name of the Town.
C.Â
Criminal penalty. Any person, firm or corporation found
guilty of a violation of this Part 2 shall be punishable by a fine of not
more than $250, imprisonment for not more than 15 days, or both such fine
and imprisonment.[1]
D.Â
Each day of continued violation after notice thereof
shall constitute a separate violation and offense.
E.Â
In addition to the above provided penalties, the Town
Board may also maintain an action or proceeding in the name of the Town in
a court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any portion of this Part 2.
The invalidity of any provision of this Part 2 shall not invalidate any other part.
