[HISTORY: Adopted by the Town Board of the
Town of Jerusalem as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-14-1994]
The purpose of this chapter is to regulate the
laying out and construction of highways prior to their dedication
to the Town of Jerusalem as public highways.
A.
HIGHWAY
As used in this chapter, the following terms shall
have the meanings indicated:
Includes any type street or thoroughfare constructed for
dedication to the Town of Jerusalem as a public highway pursuant to
law.
B.
Wherever used in this chapter, words in the singular
number include the plural, and words in the plural number include
the singular.
C.
The word "shall" is mandatory and not directory. Words
in the present tense include the future.
A.
All applications for approval of plans shall be made
as hereafter specified in this regulation.
B.
Before a permit is issued or construction begins,
three copies of a highway plan shall be submitted to the Jerusalem
Town Clerk for review by the Planning Board, the Jerusalem Highway
Superintendent and the Yates County Soil and Water Conservation Office.
Permission, in writing, shall be obtained from the Jerusalem Planning
Board Chairperson or Acting Chairperson before construction is started.
A fee determined by the Town Board will accompany the application.
C.
All applications for the dedication of a highway to
the Town of Jerusalem shall be accompanied by a proposed warranty
deed conveying said highway to the town, with all necessary releases
from mortgages or other claimants. Such deed shall describe the street
to be conveyed as shown on a map and shall state the date on which
said map was filed in the County Clerk's office and the number thereof.
Maps are to be of size acceptable to the Yates County Clerk.
D.
An SEQR Environmental Assessment Form Part 1 should
be submitted. The Planning Board will classify the action as either
unlisted or SEQR Type I (likely to have a significant effect). They
will also be the lead agency in the SEQR review.
A.
The highway plan shall include:
(1)
The name of the owner and all adjacent property owners
as described by the most recent municipal tax records.
(2)
The Tax Map section, block and lot numbers (SBL) where
the road is to be located.
(3)
An actual field survey by a New York State licensed
land surveyor of the proposed road with corners located on the ground
by monuments approved by the Planning Board.
(4)
Contours with intervals of 10 feet or less, as required
by the Board, including elevations on existing roads. The plan must
now approximate grading if natural contours are to be changed more
than two feet.
B.
A stormwater management, erosion and sedimentation
control plan shall be submitted for use before, during and after construction.
The owner or all the owners shall have had the
land comprising the highway surveyed and mapped, and a map thereof
shall have been filed in the County Clerk's office, and adequate breakaway
metal boundary markers shall be inserted in a permanent manner at
intervals of not less than 500 feet on tangents and at the point of
curve and the point of tangent (where the curve ends) of curves along
all boundary lines of such highways. Boundary lines at street intersections
shall have a minimum radius of 25 feet.
If sewer, water, gas or other utility service
is to be installed in such highway, it shall be installed prior to
the final surfacing of such highway, and all laterals and other service
connections shall be installed and brought to the outer street line
prior to such final surfacing.
The minimum right-of-way width hereinafter laid
out shall be 50 feet. These widths shall be measured from the lot
lines. Said widths shall be measured perpendicular to the lot lines
on tangents and on radius lines with curves. Approved turnarounds
are to be used on dead-end streets. The recommended radius of turnarounds
shall be 50 feet minimum.
There shall be no easements controlling access
to highways, except where control of such easements is definitely
placed in the town under the offer to dedicate.
Highway grades shall not exceed 8% nor be less
than 1% at the gutter. Changes may be made with the approval of the
Town Superintendent.
The highway shall be shaped and crowned so as
to slope laterally in order to drain surface water off the road onto
the sides of the highway where shallow ditches or gutters shall be
built to carry off said water. The recommended crown shall be 1/4
per foot for paved roads and 1/2 per foot for gravel roads. If the
grade or pitch of the road is sharp so that the flow of surface water
might wash out said ditches or gutters, the same shall be lined with
stone and bound with hard topping to prevent such washing out. These
ditches or gutters shall be connected at all intersections by piping
of a size and length prescribed by the Superintendent of Highways
of the Town of Jerusalem. He or she may require the installation of
catch basins or dry wells at such locations as he or she deems necessary
to properly catch and carry off such surface water as he or she may
estimate will accumulate along the highway or at said highway intersections.
The Superintendent may require engineering certification for all drainage
sizes and locations. Headwalls may be required by the Town Superintendent.
Bridges shall be designed by a professional engineer licensed to practice
in the State of New York.
Proper drainage shall be installed where required.
Drainage pipe is to conform to the standard usage adopted by the Town
Superintendent of Highways. A profile map, in duplicate, shall be
filed with Town Board, showing the grade and fall of surface water
to be not less than 1% and also showing the final disposition of flow,
which must be to a live stream or well-established natural drainage
ditch. If the grade and fall of surface water is shown to be less
than the above-prescribed, the Superintendent of Highways of the Town
of Jerusalem shall require the installation of a surface water drainage
system consisting of piping and catch basins or dry wells of such
size as he deems necessary under the circumstances. In cases where
access to a live stream or well-established natural drainage ditch
is required, easements or rights-of-way leading thereto shall be secured
and conveyed to the Town of Jerusalem as below set forth.
A.
The developer or owner laying out said street or highway
shall obtain all necessary easements or rights-of-way to take care
of any surface water caused by reason of the development of said street
or highway and by reason of the installation of culverts or surfaced
rains.
B.
No street or highway will be taken over by the Town
of Jerusalem unless approved by the Town Superintendent of Highways
before such necessary easements or rights-of-way have been obtained,
and the legal sufficiency thereof shall be passed upon by the attorney
for the Town of Jerusalem. Such easements or rights-of-way shall be
at least 20 feet in width.
A.
Prior to being offered for dedication to the town,
all streets shall be graded and surfaced as follows:
(1)
All highways or roads offered for dedication shall
be suitably and properly graded and shall meet with the approval of
the Town Superintendent of Highways.
(2)
Fill shall be added using suitable run-of-bank gravel
or a material acceptable to the Town Superintendent, properly crowned
and compacted, to be approved by the Town Superintendent of Highways.
(3)
All boulders, organic material, soft clay, spongy
material and any other objectionable material shall be removed and
replaced with suitable material.
(4)
The subgrade shall be properly shaped, shall be uniformly
compacted to a density of 95% of a modified proctor mold and shall
conform to the accepted cross section and grades.
(5)
There shall be a gravel base of at least 26 feet in
width, located in the center of the proposed highway, allowing for
18 feet of roadway and four feet of supporting shoulders on each side,
and said gravel base shall be run-of-bank gravel of the quality described
below and compacted to a minimum thickness of 12 inches. The top three
inches shall be crushed run-of-bank gravel, the maximum size to be
determined by the Town Highway Superintendent. Greater thickness where
poor subsoil is encountered may be ordered by the Town Superintendent.
B.
Run-of-bank gravel shall consist of hard durable particles
of gravel and filler of sand or other finely divided mineral matter
and lumps or balls of clay. Shale or crumbly rock will not be accepted.
When a street has been accepted by the town
under the conditions outlined in § 277 of the Town Law pending
final surfacing and approval, the responsibility and liability for
maintenance of the drainage system and roadway shall rest with the
owners and/or the developers. Until acceptance by the town, the developer
and/or owner has responsibility and liability for snow removal and
ice control.
A.
The use of proper names for street names is discouraged.
The Town Board of the Town of Jerusalem must by law approve street
names and may change any chosen by the developer or owner to avoid
duplication or for any other reason of its own.
No street or highway shall be taken over by
the town unless it meets all of the above requirements and approval
of the Town Superintendent of Highways. No special district improvements
shall be placed or installed in any street or highway of the town
until such street or highway has been properly graded and drained
as provided in this chapter and approved by the Town Superintendent
of Highways. Periodic inspections will be made by the Jerusalem Highway
Superintendent during construction to assure compliance with the highway
plan.
A.
Approval, in writing, shall be obtained by the owners
and/or developers from the Yates County Superintendent of Highways
prior to constructing or connecting new streets, highways or drainage
structures to existing county roads.
B.
Approval, in writing, shall be obtained by the owners
and/or developers from the New York State Department of Transportation
prior to constructing or connecting new streets, highways or drainage
structures to existing New York State highways.
The Town Board may, in the exercise of its best
judgment, refuse to accept title to any street, roadway or highway
in the town, notwithstanding that all the foregoing rules and regulations
have been performed and complied with.
[Adopted 6-20-2007]
These rules apply to any private road that serves
two or more lots.
A.
A private road must connect to a Town, county or state
road or street.
A site plan of the private road showing its
location and the number and dimensions of lots to be served must be
presented and approved by the Town Planning Board prior to construction
of the road.
Private roads shall be inspected and approved
by the Town Code Enforcement Officer, the Town Highway Superintendent,
the Fire Chief, and may require approval by the Yates County Soil
and Water Conservation Department.
Before a private road may be used for ingress
and egress for vehicular and pedestrian traffic, there must be an
agreement among the property owners providing for maintenance and
repair of the private road. This agreement must be recorded in the
deed records at the Yates County Clerk's office prior to the issuance
of a building permit for any lot served by this road.
[Amended 6-16-2010]
A.
Upon approval
and acceptance of the private road, an appropriate street sign shall
be placed at the intersection of the private road and the connecting
Town, county or state road or street. The sign will be furnished and
maintained at the expense of the owners of the lots served by the
private road. The sign will indicate that the road is a private road
and will otherwise comply with such specifications as may be adopted
by resolution of the Town Board from time to time. In adopting such
specifications, the Town Board shall be guided by all federal and
New York State laws, rules and regulations that may apply in such
cases.
B.
Upon the issuance of a building permit and prior to a final inspection, a fire number shall be assigned to the lot, and the assigned fire number shall be placed on a sign at the intersection of the private road and the connecting Town, county or state road or street in accordance with the requirements of § 66-4E(7) of this Code. This sign, which is not the same as the road sign otherwise provided for, will be furnished and erected by the owners of the lots served by the private road at their own expense and will comply with such specifications as the Town Board may adopt from time to time.
Preexisting private roads may continue, and
the dwellings thereon may continue to be used; provided, however,
that if a preexisting private road is to be extended to provide access
to a new dwelling, the extension shall comply with these rules. A
preexisting private road serving only one dwelling is a driveway and
shall not be considered a preexisting private road for the purpose
of these rules, but no building permit shall be issued for the construction
of a new dwelling to be served by that driveway unless the portion
of the private road serving the new dwelling (which will thereafter
be a private road) and any extension thereof complies with these rules.
A.
A private road shall be 50 feet wide with a hard-pack
surface, which shall be a minimum of 15 feet wide.
B.
The private road shall have a surface graded to 1/4
inch per foot, minimum.
C.
The fifteen-foot-wide cleared surface area will have
a GEO and EC mesh layer followed by an eight-inch layer of bank-run
gravel compacted.
D.
The sides of the fifteen-foot hard-pack surface shall
be tapered with a 3 to 1 slope.
E.
Cross culverts are to be installed where needed to
promote drainage.
F.
Precast open drive gutters with iron grates are to
be installed approximately 15 feet from the edge of the public highway
on slopes of 10% or greater.
G.
Culverts a minimum length of 30 feet are to be installed
where a private road meets a Town/county or state road. The diameter
of the culvert is to be determined by the appropriate Highway Superintendent
(Town/county/state).
[Amended 2-17-2021]
H.
Turnarounds shall be a minimum of 60 feet in diameter
or an equivalent square or rectangle.
If the conditions of a particular area are found
to require additional or different standards and specifications in
order to satisfy the requirements of § 280-a of the Town
Law of the State of New York, the Town Board with the advice of the
Town Planning Board may vary these rules for a particular area when
establishing that area as an open development area.
