Plans, including profiles and construction details
of the proposed highways, shall be prepared by a qualified professional
engineer or land surveyor properly licensed by the State of New York.
The plans shall clearly define the limits of the proposed right-of-way
and shall include the location, widths, profiles and grades of proposed
roadways, typical road sections, storm drainage, including culverts
and other drainage structures, and the location of easements and utilities.
Plans shall first be submitted to the Town Superintendent of Highways
and Town Engineer. When any proposed highway drains toward or may
otherwise effect a county or state highway, plans shall be submitted
to County Commissioner of Public Works or New York State Department
of Transportation for their review and comments and to the Town Planning
Board for review and approval under the applicable subdivision regulations
of the Town. Such plans so submitted shall not be altered, modified
or amended after having been approved by the Planning Board unless
revised plans are resubmitted and approved by all proper authorities.
However, the developer shall, at his own expense, provide additional
storm drainage facilities as may be ordered by the Town Superintendent
of Highways if, during the progress of the work, in the opinion of
the Town Superintendent of Highways, the Town Engineer and/or Commissioner
of Public Works, such additional structures or facilities are necessary
to assure the durability of pavement, the future maintenance of right-of-way
and the welfare and safety of the public. If construction has not
been started within one year from the date of final approval by the
Town Planning Board, plans shall be resubmitted and approved as above.
It is expected and it is understood that as
part of the conditions of approval of the subdivision, the developer
shall agree to maintain the roads giving access to the houses in such
condition that the residents shall have safe, convenient access. The
minimum conditions for such access are listed below:
A. Paved surface.
(1) The edges of the road (i.e., the gutter line) shall
be kept free and clear of debris, stone, gravel or any material which
prevents the free flow of water. Driveways shall be so constructed
that the flow line remains clear.
(2) The storm sewer system shall be kept clean and operational.
(3) The surface pavement shall be maintained on a continuing
basis. Soft spots or other structural defects shall be repaired immediately
by excavation and replacement with approved material. "Immediate"
shall be considered to be 24 hours from the time oral or written notification
by the Superintendent to the developer, unless arrangements are made,
satisfactory to the Superintendent, to protect the traveling public
by lights and barricades until such time as repairs can be made. Potholes
and edge beveling shall be remedied on a continuing basis or as ordered
by the Superintendent. Repairs shall be made with asphalt concrete
(hot mix, when available).
Conditions to be satisfied before the Town Board
considers the acceptance of a new highway are as follows:
A. A set of as-built plans of the highway, showing the
right-of-way lines, drainage and utility easements and a road center
line profile must be submitted to the Town Clerk. These plans must
bear the stamps of both a licensed professional engineer and a licensed
land surveyor.
B. Metes and bounds descriptions of all rights-of-way
and easements prepared by a licensed land surveyor must be submitted
to the Town Clerk.
C. The plans and descriptions must be reviewed by a professional
engineer designated by the Highway Superintendent, who shall indicate
his approval either by letter to the Town Board or by stamping of
said plans and descriptions, that he or his authorized representative
has inspected all phases of the highway construction and that all
work has been completed in accordance with the approved plans and
these specifications.
D. Such roadway must be granted to the Town by a full
covenant and warranty deed containing the correct metes and bounds
description shown on said map, which 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 Dutchess County, and filing fees must be paid
by the applicant. The submitted deeds must be approved by the Town
Attorney as to form and sufficiency. A title insurance policy in the
amount of $20,000 per 300 linear feet of road or part thereof must
be filed with the Town Clerk. The cost of this policy shall be borne
by the applicant.
E. The work completed on the highways at the date of
submittal must be approved by the Town Highway Superintendent, and
the Town Board must be notified of this approval.
F. Approved permanent concrete or granite monuments shall be set according to the Town Subdivision Regulations, §
125-21C, and their location shall be shown on the road plan. Iron pipes, unless embedded in concrete, shall not be considered permanent monuments for the purpose of these regulations.