This chapter is enacted under the authority of the New York State Constitution, Article
IX, § 2; the New York State Municipal Home Rule Law Article 2; the relevant provisions of the Highway Law for the State of New York; and the general police power vested with the Town of Montgomery to ensure the health, safety and welfare of the residents and motorists within the Town of Montgomery.
Unless a specific waiver is granted by the Town Highway Superintendent,
the following standards, in addition to all other applicable rules,
laws, regulations and road specifications of the Town of Montgomery,
shall apply for all work performed under this chapter.
A. Road openings. Wherever possible and practical, in the estimation
of the Town Highway Superintendent, the installation of underground
utility or other service lines shall be accomplished with subsurface
boring or channeling, as opposed to conventional trenching.
(1) If conventional trenching must be utilized, the length of the trench
to be opened shall be limited so as to provide a minimum of open trench
at any one time. Trench excavation shall provide for orderly flow
of traffic at all times.
(2) If conventional trenching must be utilized, all backfill must be
of new controlled-density fill and must be properly compacted with
a mechanical tamper. All final replacement road surfaces must consist
of at least three inches of blacktop (hot mix). Cold-mix patch as
a final surface is unacceptable, and, if weather conditions preclude
the use of hot-mix blacktop, the applicant must, within 10 days of
receipt of notice from the Town Highway Superintendent, return to
the site and install the proper amount of hot-mix blacktop. No security
deposit shall be returned until all such work is completed. In the
event that the final surface is not installed within such time period,
the Town Highway Superintendent may perform the work and charge against
the security deposit accordingly.
B. Driveway entrances.
(1) All plans and work performed must satisfy the Town Highway Superintendent
or Town Engineer, if necessary, that all natural and man-made drainage
systems will not be adversely impacted and that the installation of
the driveway will not create additional maintenance duties for the
Town of Montgomery Highway Department.
(2) At the discretion of the Town Highway Superintendent, the applicant
may be required to install a blacktop or crushed-stone entrance pad
or a suitable gravel or Item No. 4 base of sufficient depth, width
and length to ensure the proper connection to any existing or proposed
Town highway or right-of-way.
(3) The applicant also shall be bound by any entrance construction detail contained within any application otherwise required by Chapter
235, Zoning, of the Code of the Town of Montgomery or contained within any approvals for site plan, subdivision, special exception use permit or variance.
C. All projects.
(1) Any existing pavement which has been removed, broken, scarified or
which has crumbled due to excavation or the instruments thereof shall
be fully and satisfactorily replaced.
(2) The Town Highway Superintendent may determine that, due to numerous
cuts, gouges, scars, settlement irregularities and patches existing
as a result of any permitted work hereunder, the applicant will be
required to top the road the full width and length of the area adversely
affected with an approved final surface as determined by the Town
Highway Superintendent.
(3) Work shall be performed pursuant to a phased schedule, if the Town
Highway Superintendent deems the project of such magnitude to require
the same. All phases of work shall be upon at least 48 hours'
notice to the Town Highway Superintendent.
Nothing contained in this chapter shall be deemed a waiver of
any other requirement existing or subsequently enacted, including,
without limitation, the highway specifications for the Town of Montgomery,
with regard to the construction, maintenance and improvement of public
roadways within the Town of Montgomery.
Any person violating any provision of this chapter shall be
guilty of a violation for each such offense and the person shall be
subject to a fine of not more than $250 or a term of imprisonment
of not more than 15 days, or both such fine and imprisonment, for
each offense hereunder.