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Town of Copake, NY
Columbia County
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[HISTORY: Adopted by the Town Board of the Town of Copake 11-14-2002 by L.L. No. 3-2002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Use of Highway Department equipment on private roads — See Ch 27, Art. I.
Highway specifications — See Ch. 149.
Subdivision of land — See Ch. 197.
Zoning — See Ch. 232.
[1]
Editor's Note: This local law was originally adopted as Ch. 150, but was renumbered as Ch. 180 to maintain the organizational style of the Code.
In the R and R-1 Zoning Districts only, the Town Planning Board may permit the subdivision of property having an unpaved road or roads in the subdivision, provided that the total development on the subdivision road or roads is limited to 15 or fewer lots. Any such approved subdivision shall be known as a "private road subdivision" (hereinafter referred to as a "PRS").
Before permitting a PRS, the Planning Board must make the following findings:
A. 
The proposed alignment and usage of the road is suitable for a minor street and not an appropriate location for a major street as those terms are further defined in Chapter 197 of the Code of the Town of Copake.
B. 
The PRS complies with the procedures and standards set forth in § 180-3 hereafter.
A. 
The applicant shall submit to the Planning Board a drawing showing the location, dimensions, and grade of the road, as well as the specifications setting forth the proposed composition of the road. Approval of the proposed private road location, dimensions, grade, and specifications must be made by the Town Superintendent of Highways prior to the approval of a PRS by the Planning Board. The Town Superintendent of Highways, in his discretion, may require the applicant to use a professional engineer to prepare the design plans for the proposed private road.
B. 
A homeowners' association and/or a road maintenance agreement must be created to provide for the perpetual care and maintenance of the private road. The homeowners' association and/or road maintenance agreement must have the power to assess the subdivision lot owners for their share of the maintenance costs of the private road. The homeowners' association or the lot owners under the road maintenance agreement shall contract directly with a qualified road contractor to insure that the road will always be maintained and kept open to permit emergency vehicle access. The Planning Board shall have the discretion to determine whether the applicant should be required to establish a maintenance fund at the time of the PRS approval, and shall also have the discretion to determine whether a performance bond must be posted by the applicant to insure the proper construction of the private road.
C. 
The private road may never be offered for dedication to the Town unless it fully complies with the Town Highway Specifications set forth in Chapter 149 of the Code of the Town of Copake. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the private road conforms to Town Highway Specifications. In the event such dedication becomes necessary to insure public safety, the cost of bringing the road up to Town Highway Specifications shall be borne by the homeowners' association and/or the lot owners having access rights over the private road.
D. 
The lots in the subdivision of a PRS may never be subdivided beyond the number of lots permitted per § 180-1. This restriction on future subdivision in a PRS shall be implemented by deed restriction and by notation on the subdivision map, and this restriction shall be enforceable by the Town. This restriction shall no longer apply if the road or roads in the PRS are brought up to full Town road specifications.
E. 
The subdivision plat shall show the road clearly labeled "Private Road."
The following are the minimum standards for construction of private roads in a PRS:
A. 
All construction shall be in accordance with this chapter and shall be under the immediate inspection, supervision, and approval of the Town Highway Superintendent.
B. 
The right-of-way for a private road shall be not less than 50 feet wide with a traveled way of not less that 18 feet with two-foot wide shoulders on each side of the traveled way portion of the private road.
C. 
Whenever possible and as far a practicable, private roads shall follow natural terrain contours.
D. 
The subgrade and foundation course shall be constructed in accordance with the Town Highway Specifications set forth in Chapter 149 of the Code of the Town of Copake.
E. 
All other provisions of Chapter 149 of the Code of the Town of Copake shall be applicable to the roads in a PRS.
F. 
Where the Town Highway Superintendent determines that due to special circumstances certain required improvements which are not requisite to the interest of the public health and safety, the Town Highway Superintendent may waive or modify such requirements subject to such appropriate conditions as determined by the Highway Superintendent.