[HISTORY: Adopted by the Town Board of the Town of Westfield as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-7-1977 by L.L. No. 1-1977]
No civil action shall be maintained against any Town or Town Superintendent
of Highways for damages or injuries to person or property sustained by reason
of any highway, bridge or culvert being defective, out of repair, unsafe,
dangerous or obstructed, unless written notice of such defective, unsafe,
dangerous or obstructed condition of such highway, bridge or culvert was actually
given to the Town Clerk or Town Superintendent of Highways, and there was
a failure or neglect within a reasonable time after the giving of such notice
to repair or remove the defect, danger or obstruction complained of, but no
such action shall be maintained for damages or injuries to person or property
sustained solely in consequence of the existence of snow or ice upon any highway,
bridge or culvert, unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk or Town Superintendent of Highways,
and there was a failure or neglect to cause such snow or ice to be removed,
or to make the place otherwise reasonably safe within a reasonable time after
the receipt of such notice.
The Town Superintendent of Highways shall transmit in writing to the
Town Clerk within five days after the receipt thereof all written notices
received by him pursuant to this article and Subdivision 2 of § 65-a
of the Town Law. The Town Clerk shall cause all written notices received by
him or her pursuant to this article and Subdivision 2 of § 65-a
of the Town Law to be presented to the Town Board within five days of the
receipt thereof or at the next succeeding Town Board meeting whichever shall
be sooner.
The Town Clerk shall keep an indexed record, in a separate book, of
all written notices which he or she shall receive of the existence of a defective,
unsafe, dangerous or obstructed condition in or upon or of an accumulation
of snow or ice upon any Town highway, bridge, culvert or sidewalk, which record
shall state the date of the receipt of the notice, the nature and location
of the condition stated to exist and the name and address from whom the notice
is received. All such written notices shall be indexed according to the location
of the alleged defective, unsafe, dangerous or obstructed condition or the
location of accumulated snow or ice. The record of each notice shall be preserved
for a period of five years after the date it is received.
This article shall supersede in its application to the Town of Subdivisions
1 and 3 of § 65-a of the Town Law.
[Adopted 5-7-2003]
Any individual, individuals or corporation desirous of conveying ownership
of any road to the Town of Westfield shall so signify their intent by filing
with the Town Highway Superintendent and Town Board plans defining the location,
grade and alignment of said road and a map and description defining the boundaries
of the property to be conveyed to the Town. Said plans shall show the proposed
roadway alignment, grade, cross section and drainage facilities and shall
be prepared by a licensed professional engineer or a licensed land surveyor
where permitted by state law. The Town Board and Highway Superintendent shall
review said information to ascertain whether acceptance for maintenance and
operation is in the best interest of the Town. Should the Town Board and Town
Highway Superintendent agree to accept said roadway, all acceptance shall
be conditional upon the roadway being constructed in accordance with the following
specifications. Failure to construct the roadway and its related appurtenances
in accordance with, or in excess of, these specifications shall cause the
Town Board and Town Highway Superintendent to deny acceptance of the completed
roadway.
A.
The highway right-of-way shall be not less than sixty-feet
wide. The highway shall be centered in the right-of-way. An additional 10
feet, five feet on each side, may be required, at the discretion of the Highway
Superintendent and the Town Board, for the purposes of maintaining road drainage,
preparation of subgrade and back slopes, right-of-way clearing or any other
reason deemed necessary.
B.
The roadway shall consist of 18 inches (compacted thickness)
of gravel (approved by the Highway Superintendent) with a double coating of
oil-and-stone surface treatment. Basic dimensions and pertinent information
are shown on the attached "Typical Roadway Section."[1]
[1]
Editor's Note: On file in Town offices.
C.
Adequate roadside drainage, in the form of ditches where
necessary, shall be constructed. Internal storm drainage systems with drop
inlets, catch basins and manholes shall generally not be acceptable because
the Town does not have the equipment to properly maintain such facilities.
The depth of ditches shall be not less than 18 inches below the shoulder of
the road. Where driveway culverts larger than 12 inches diameter are required,
the ditch depth shall be increased accordingly. The slope from the shoulder
edge to the ditch (fore slope) shall be no steeper than one vertical to four
horizontal. The slope from the ditch to existing ground beyond the ditch (back
slope) shall be no steeper than one vertical to two horizontal. All components
of ditches (fore slope and back slope) shall be within the dedicated right-of-way.
Where this cannot be accomplished within the specified sixty-foot right-of-way,
the right-of-way shall be widened or a permanent drainage easement contiguous
to the right-of-way shall be conveyed. All ditches shall be sloped longitudinally
not less than 0.5% (0.5 feet in 100 feet) to provide drainage. All ditches
shall drain to an adequate outlet (stream, roadside ditch or established watercourse).
Where the drainage outlet is located outside the right-of-way, a permanent
drainage easement not less than 20 feet in width shall be conveyed to the
Town. Where drainage is carried across the roadway, culverts of adequate size
and construction shall be installed. The sizes of all culverts shall be determined
from engineering calculations. As a minimum, such culverts shall be 18 inches
in diameter and shall have at least 12 inches of cover at any point between
shoulder breaks. Larger culverts shall be installed when drainage calculations
indicate they are necessary.
D.
Prior to installation of roadway gravel, the entire right-of-way
shall be cleared and grubbed. All topsoil, vegetation and unsuitable materials
located in areas where gravel is to be installed shall be completely removed
and replaced with geotextile fabric material meeting the Highway Superintendent's
approval. This fabric shall be applied to the center 20 feet of driving surface.
E.
After acceptable preparation of subgrade, highway gravel
shall be installed in three lifts and suitably compacted. Each lift shall
be compacted every four inches and total thickness after compaction shall
be not less than 12 inches. The gravel shall extend beyond the shoulder break
and into the fore slope of the ditch to allow water within the gravel to drain.
Highway gravel shall contain no stones larger than four inches in size, shall
be uniformly graded and contain less than 10% fines. The finish surface shall
be not less than thirty-feet wide and shall be sloped 1/2 inch per foot away
from the center line to insure positive drainage of the roadway surface. Two
coats of oil and stone (carpet coating) shall be installed to provide a driving
surface width not less than twenty-feet wide. The stone size, asphalt type
and rates of application for each coat shall be as specified by the Highway
Superintendent.
F.
To the extent possible, the roadway center line shall
be tangent. Where necessary, curves meeting AASHTO Standards, may be utilized.
Except at intersecting roadways, no curve shall be less than 21° (273-foot
radius). The preferred minimum curvature shall be 7° (918-foot radius).
Where deemed necessary for driver safety, the roadway surface shall be superelevated
with the curve. Superelevation runoffs of adequate length, as defined by AASHTO,
shall be provided at the beginning and end of each curve. At intersecting
roadways, the corner radii shall be not less than 25 feet. If a cul-de-sac
is necessary for turnaround purposes, a minimum area of 100 feet in diameter
shall be provided and staked.
G.
The roadway grades shall be not less than 0.5% (0.5 feet
in 100 feet) and shall be no greater than 10%. All changes in grade shall
be accomplished with vertical curves of sufficient length to provide sight
distances (stopping and headlight) meeting AASHTO standards. Under no circumstances
shall such sight distances be less than 200 feet.
H.
No private utilities (gas, electric, telephone, cable
TV, etc.) shall be permitted longitudinal occupancy within the highway right-of-way
or drainage easements. All such utilities shall be located outside of the
rights-of-way and easements conveyed to the Town, except where roadway crossings
are necessary. Where private utility services are anticipated, they shall
be located in a separate easement at least 15 feet in width adjacent to the
public right-of-way. Public utilities (water and sanitary sewers) may be located
within the public right-of-way with the consent of the Town Highway Superintendent
and Town Board. Where said public utilities are intended to serve adjacent
properties that are to be developed at some future date, the service laterals
shall extend to the limits of the right-of-way.
I.
Where land areas are reserved for future connections
to adjacent parcels, all improvements, i.e., sanitary, water, roads will be
constructed to the common property line.
J.
Driveway culverts shall be provided along existing road
frontage lots to properly convey roadside drainage. The culverts shall be
installed to the proper grade to allow the natural flow of water. All culverts
installed shall be subject to the review of the Highway Superintendent. Culverts
shall be a minimum of 12 inches in diameter unless they are part of a larger
drainage course.
K.
Intersections with existing or proposed roads shall be
preferably 90° but shall not be less than 75°.
L.
Plans, showing cross section, grades, elevations and
any other items deemed necessary by the Town, shall be filed with the Town
Highway Superintendent before commencement of any construction.
The Town Board reserves the right to alter or add to this article at
any time as it deems necessary.
