[HISTORY: Adopted by the Town Board of the
Town of Colonie as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-8-1981 by L.L. No. 3-1981; amended in its entirety 4-20-2023 by L.L. No. 3-2023]
Pursuant to New York State Town Law § 65-a and Municipal
Home Rule Law § 10, Subdivision 1(ii)d(3), the Town Board
of the Town of Colonie has adopted this article, the purpose of which
is to serve the public interest by limiting the liability of the Town
insofar as no action shall be maintained for damages or injuries to
person or property in consequence of conditions which may arise without
warning unless actual written notice thereof is given to the Town
Attorney of the Town.
No civil action shall be maintained against the Town of Colonie,
the Commissioner of Public Works or any improvement district in the
Town for damages or injuries to person or property, including those
arising from the operation of snowmobiles, sustained by reason of
any street, appurtenance or improvement thereto, bridge, culvert,
sluice, stormwater drain, sewer or water pipe, street marking, sign
or device or any other property owned, operated or maintained by the
Town or any property owned, operated or maintained by any improvement
district therein being defective, out of repair, unsafe, dangerous
or obstructed, unless written notice of such defective, unsafe, dangerous
or obstructed condition of such street or appurtenance or improvement
thereto, bridge, culvert, sluice, stormwater drain, sewer or water
pipe, street marking, sign or device or any other property owned,
operated or maintained by the Town or any property owned, operated
or maintained by any improvement district was provided to the Town
Attorney, and there was thereafter a failure or neglect within a reasonable
time to repair or remove the defect, danger or obstruction complained
of. No such action shall be maintained for damages or injuries to
persons or property sustained solely in consequence of the existence
of debris, vegetation, snow or ice upon any street or appurtenance
or improvement thereto, bridge, culvert, sluice, stormwater drain,
sewer or water pipe or any other property owned by the Town or any
property owned by any improvement district in the Town unless written
notice thereof, specifying the exact location, was provided to the
Town Attorney, and there was failure or neglect to cause such debris,
vegetation, snow or ice to be removed or to make the place otherwise
reasonably safe within a reasonable time after receipt of such notice.
No civil action will be maintained against the Town and/or the
Commissioner of Public Works for damages or injuries to person or
property sustained by reason of any defect in the sidewalks of the
Town or in consequence of the existence of snow or ice upon any of
its sidewalks, unless such sidewalks have been constructed or are
maintained by the Town or the Commissioner of Public Works pursuant
to statute, nor shall any action be maintained for damages or injuries
to person or property sustained by reason of such defect or in consequence
of such existence of snow or ice unless written notice thereof, specifying
the particular defect and location of same, was given to the Town
Attorney of the Town, and there was a failure or neglect to remedy
such defect, remove snow and/or ice or to make the location otherwise
reasonably safe within a reasonable time after the receipt of such
notice.
Nothing contained in this article shall be held to repeal or
modify or waive any existing requirement or statute of limitations
but shall be held to be additional requirements to the rights to maintain
such action. Nothing contained herein shall be held to modify any
existing rule of law relative to the question of contributory negligence
or to impose upon the Town, its officers and employees and/or any
of its improvement districts any greater duty or obligations than
that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
[Adopted 12-16-1982 as L.L. No. 17-1982; amended in its entirety 4-20-2023 by L.L. No. 3-2023]
The purpose of this article is to regulate the laying out of
streets, thoroughfares and/or highways and to outline the sequence
of steps in connection with street construction and dedication in
the Town of Colonie, Albany County, New York, in order to ensure that
such streets are designed and installed in accordance with proper
engineering and construction practices.
A.
Wherever used in this article, the word "street" shall be construed
to include, but is not limited to, a thoroughfare, highway or road.
B.
Wherever used in this article, 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 used in the
present tense include the future.
This article shall hereafter be known and cited as the "Street
and Highway Law of the Town of Colonie."
As used in this article, the following terms shall have the
meanings indicated:
Any person, persons, firm, corporation, partnership or association
who shall submit plans and related information for construction of
a street to the Town of Colonie for approval.
An asphalt concrete street paving foundation prepared and
installed in accordance with the specifications of the highway and
drainage standards.
An individual or a group of individuals who shall be employed
by the Town of Colonie to perform inspections during construction
of a street to ensure that the street is properly completed.
A specimen of the street subbase and paving material taken
on completion of the base course to verify the depth and type of materials
placed.
A street closed at one end.
The acceptance by resolution of the Town Board of the Town
of Colonie of a parcel of land offered by an applicant for public
purposes.
A conveyance of realty by written document signed by the
grantor whereby title to realty is transferred from one party to another.
Any person, persons, firm, corporation, partnership or association
who shall, directly or indirectly, undertake to construct a street.
The Town of Colonie Department of Public Works, which shall include the Bureau of Engineering, Division of Highway, Division of Latham Water, Division of Pure Waters, and Division of Facilities Maintenance. See § 34-4.
Sanitary sewer or water distribution lines installed in areas
beyond a workable distance from existing public facilities, to be
connected to public facilities when they become available.
A right granted by the owner of a parcel of real property
to another party for use of all or part of the parcel for a specific
use. Easements granted to the Town of Colonie for utilities or access
shall be permanent easements.
The approval of the Division of Highway of final plans and
details for construction of a street. The approval shall be issued
in the form of final plans signed by the Commissioner of Public Works.
Where a proposed street is part of a subdivision proposal, the signatures
of three members of the Planning Board and the Commissioner of Public
Works on the final subdivision plan shall constitute final design
approval. Final design approval shall not constitute acceptance of
a street by the Town of Colonie.
The Town of Colonie highway and drainage standards as currently
in existence or as subsequently revised.
National Geodetic Vertical Datum of 1929.
The Town of Colonie Official Highway Map, as presently existing
or as subsequently adopted or amended.
The limit of grading, clearing or other disturbance of the
land necessary for the installation of a street and related improvements.
An engineer licensed to practice under the laws of the State
of New York, who shall be employed by an applicant or developer to
design a street and related improvements and to supervise their installation,
also referred to as "applicant engineer."
That parcel of land which is to be offered to the Town of
Colonie for dedication for public purposes and which will contain
a proposed street.
A traveling way intended for use by the general public and
dedicated to the Town of Colonie for public purposes.
A gravel street foundation layer prepared and installed in
accordance with the specifications of the highway and drainage standards.
Grading of a street ROW or an easement in preparation for
placement of utilities and street subbase and pavement materials.
The final layer of asphalt concrete street paving material,
prepared and installed in accordance with the specifications of the
highway and drainage standards.
The Town of Colonie.
All storm sewer, sanitary sewer, water distribution, gas,
electric power, telephone, cable television, and similar services,
designed and installed with the intent to serve the general public.
A.
This article shall apply to all streets located within the corporate
bounds of the Town of Colonie which are offered to the Town for dedication
after the effective date of this article.
B.
The exceptions to the application of the provisions of this article
are for those streets offered to the Town for dedication after the
effective date of this article that:
(1)
Have a street plan which has received final site plan approval prior to the effective date of this article but which were not constructed by the effective date of this article. For said streets, all the provisions of this article, with the exception of §§ 162-12 and 162-13, shall apply to the construction, certification and acceptance of these streets.
(2)
Have been constructed prior to the effective date of this article
but have not been accepted.
A.
All proposed street locations shall be reviewed with the Commissioner
of Public Works or his designee prior to their final mapping and design
to provide for their classification.
B.
Each street shall have one of the following classifications and shall
meet the requirements thereof and the highway and drainage standards:
(1)
Type I: A local residential street used primarily by passenger cars
and light trucks. Little or no heavy trucks are anticipated to use
same.
(2)
Type II: A commercial, primary residential or feeder street which
collects and distributes traffic to the local streets and provides
access to the main arterial streets. The traffic, both in weight and
volume, is anticipated to be appreciably greater than local residential
street traffic. All primary residential streets and commercial streets
shall be considered feeder streets.
A.
Any person desiring to construct a street or improve any portion of an undedicated street shall follow the requirements of this article, §§ 190-55 and 190-56, Article XI, Site Plan Review and Special Use Permits, the Highway and drainage standards, the Town of Colonie Rules and Regulations for Installation of Sanitary Sewer Lines, and the Latham Water District Standard Specifications.
B.
Any and all land grading or clearing, or tree cutting, except as
required for completing a survey prior to final design approval, is
prohibited from November 1 through March 31 unless a grading permit
is issued by the Bureau of Engineering.
C.
The developer shall comply with all applicable federal, state and
local laws, rules and regulations, including but not limited to the
State Environmental Quality Review Act (SEQRA),[1] freshwater wetlands permit regulations, the Town Grading Law and Chapter 190, Zoning and Land Use, of the Colonie Town Code.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
No street offered for dedication after the date of adoption of this
article shall be accepted as a Town street unless it conforms to the
regulations hereinafter provided:
(1)
All applications for dedication of a street by the Town Board shall
be made, in writing, to the Town.
(2)
All applications for dedication of a street shall be accompanied
by a warranty deed with a lien covenant, conveying the proposed street
ROW to the Town in fee simple, without restrictions on use or ownership,
with all necessary releases from mortgages or other claimants, together
with a proper title search and tax search covering at least 40 years
up to the time application is made.
(3)
All streets and easements shall be deeded to the Town of Colonie.
Deeds to streets must clearly indicate the name of the street. An
individual deed will be required for each street and each easement.
Each deed shall be accompanied by a map 8 1/2 inches by 11 inches
drawn to scale clearly showing the proposed street or easement, with
all boundary and other dimensional information.
(4)
If a street is part of a phased project, a separate deed for the
highway and related easements shall be presented for each phase section,
with the final phase section deed describing all previously presented
deeds for the highway.
(5)
The owner and/or developer shall have had the land comprising the
street surveyed and mapped by a licensed surveyor, and a stamped map
thereof shall be filed in the Albany County Clerk's office and
a stamped copy filed with the Division of Highway.
(6)
The arrangement of streets or highways hereinafter laid out shall
be in conformance with the Town Official Highway Map and shall provide
for the continuation of the principal streets existing on the adjoining
properties.
(7)
Approval, in writing, shall be obtained by the owner and/or developer
from Albany County DPW regarding drainage and access where proposed
streets or highways intersect county roads, for his permission to
connect said streets with such roads. A copy of said approval shall
be submitted to the Division of Highway.
(8)
Approval, in writing, shall be obtained by the owner and/or developer
from the New York State Department of Transportation regarding drainage
and access where proposed streets or highways intersect state highways.
A copy of said approval shall be submitted to the Division of Highway.
(9)
There shall be no reserve strips of real property controlling access
to streets or utilities.
(10)
The property lines at all street corners shall be rounded or
otherwise set back sufficiently to allow a minimum radius on the property
line of 25 feet.
(11)
The developer shall install all proposed utilities underground
at the sole expense of the developer without financial contribution
from the Town. No utilities shall be installed prior to final design
approval. Underground utilities shall not be installed prior to the
subgrading of the proposed street ROW and/or utility easements.
(12)
The installation of streets and storm sewers shall be in accordance
with the provisions of this article and the highway and drainage standards
in effect at the time of construction.
(13)
The installation of water mains shall be under the supervision
of the project engineer and in accordance with Latham Water District
Standard Specifications for Water Distribution Systems in effect at
the time of construction. The final grade of all lots at their front
property line shall be constructed prior to the installation of any
taps and curb shutoffs.
(14)
The installation of sanitary sewers shall be under the supervision
of the project engineer and in accordance with Division of Pure Waters
rules and regulations in effect at the time of construction.
(15)
Prior to final design approval, the developer shall deposit
sufficient moneys with the Town Comptroller to cover the costs of
installation, testing and engineering review of all sanitary facilities
associated with the street, such escrow deposit to be accompanied
by a properly executed agreement between the Town and the developer.
(16)
In streets and highways beyond a workable distance from existing sanitary sewers or domestic water, dry sewers and/or water mains shall be installed by the developer, when directed by the Town, without expense to the Town, in accordance with the Town's requirements for sewer and water as set forth in Subsection A(13) and (14).
(17)
Once the subbase material is in place in the street ROW, no
open excavations or subsurface borings shall be made in the portion
of the ROW to be paved without written permission from the Commissioner
of Public Works or his designee.
(18)
Access to and from any construction site at all times must be
maintained for use by emergency vehicles. Lack of proper emergency
access will be grounds for the stopping of all work on the site.
(19)
The Town may employ at its discretion a construction inspector
to act as its agent for the purpose of assuring satisfactory completion
of improvements, except sanitary sewer, water distribution and utilities
not owned and maintained by the Town, shown on the final design approval.
The inspection provided for shall include, but not necessarily be
limited to, all grading, street improvements, drainage, stormwater
management systems and erosion control measures, and shall include
core sampling of the street upon completion.
(20)
The Town will determine an amount sufficient to defray the costs
of such inspection, based on the hourly rate of its construction inspector
and the Bureau of Engineering's estimate of the number of hours
required for inspection. The developer shall deposit said amount of
moneys with the Town Comptroller in an escrow account prior to final
design approval. The Town shall be authorized to pay the costs of
inspection by its construction inspector from the moneys on deposit
in said account and shall return to the developer any such moneys,
including interest on balance in the account at the time of dedication
of the street, provided that all inspection costs have been paid.
If the moneys on deposit prove to be insufficient for the costs of
required inspections, the Town shall require that the developer deposit
additional moneys in an amount sufficient to cover the costs of such
additional inspections as may be required.
(21)
Inspections.
(a)
The developer shall notify the Town's construction inspector
at least 48 hours prior to the commencement of any work to be done
on the street, grading, drainage, stormwater management systems, erosion
control measures, or other improvements which the developer has been
informed will require inspection by the construction inspector and
shall not proceed with such work unless the construction inspector
is present. Any work undertaken without proper notification and the
presence of the Town's construction inspector shall be at the
risk of the developer and shall not be accepted unless it is clearly
shown to the satisfaction of the Division of Highway and the Bureau
of Engineering to comply with approved plans and the highway and drainage
standards.
(b)
The Town's construction inspector shall immediately notify
the developer, the Bureau of Engineering, and the Division of Highway
of any discrepancies observed in the course of inspecting the work.
It shall be the responsibility of the developer to correct any such
deficiencies to the satisfaction of the construction inspector, the
Bureau of Engineering and the Division of Highway.
(c)
The Town's construction inspector shall not be responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs in connection with the construction
nor shall he be responsible for the contractor's failure to carry
out the construction in accord with the approved drawings and specifications.
(22)
Upon completion of the base course of pavement, and prior to
dedication of the street, the Bureau of Engineering or Division of
Highway shall determine the number and type of traffic control signs
and devices that are required for the street and shall advise the
developer of its determination. The developer shall provide a cash
payment to the Town for all street, regulatory signage posts, and
appurtenances.
(23)
Upon completion of the construction or installation of facilities,
the applicant shall file a certificate of compliance with the Bureau
of Engineering stating that to the best of his knowledge the street
has been completed in accordance with the approved drawings, specifications
and addenda thereto and the highway and drainage standards, insofar
as storm sewer, paved areas and grading, or shall state any defects
of which he is aware. No street shall be accepted for dedication by
the Town Board until said certificate of compliance has been filed
with the Bureau of Engineering.
A.
Prior to preparation of detailed plans, the applicant shall submit
to the Planning and Economic Development Department (PEDD) a preliminary
plan of the proposed streets and related improvements showing location
of existing streets, features of historic concern, vegetation, watercourses,
drainage ditches, wetlands and other natural features, and the location
of the proposed street and other improvements.
B.
The Bureau of Engineering and the Division of Highway shall review the preliminary plan to ensure that it is in conformance with the Town Official Highway Map and is otherwise properly laid out with respect to existing streets, utilities, structures and natural features. A copy of the plan shall be forwarded by the PEDD to the Town Highway Safety Committee for its review and comment on the proposed street. The Bureau of Engineering and the Division of Highway shall also determine the classification of the proposed street in accordance with § 162-9 of this article, and the PEDD shall notify the applicant of the designated classification.
C.
The PEDD shall, after review and receipt of comments by other involved
departments, notify the applicant as to the acceptability of the preliminary
plan. If the plan is unacceptable, the reasons for same shall be stated.
A.
The following shall be submitted to the PEDD:
(1)
Deeds to all proposed streets.
(2)
A drainage report and stormwater management plan in accordance with
the highway and drainage standards, signed and stamped by the project
engineer with a statement that the system of drainage shown will function
adequately and will not adversely affect adjacent or downstream properties.
(3)
An affidavit by the owner and/or developer that it has searched or
caused to be searched all public records and the names of the adjoining
owners are correct as of the date of the map.
(4)
An affidavit by the surveyor that it has searched all available public
records and the limits and names of adjoining properties are correct
as of the date of the map.
(5)
A copy of a letter from the Division of Latham Water stating that
the water distribution system shown on the final plan is acceptable.
(6)
A complete description and executed deed by the owner of all easements
shown on the map.
(7)
A copy of the letters from the Division of Pure Waters stating that
the sanitary sewer system shown on the final plan is acceptable.
(8)
A metes and bounds description of any portion of the land served
by the proposed street which is outside the limits of the Latham Water
District, accompanied by a map. Both the description and the map shall
be prepared, signed and stamped by a licensed surveyor.
(9)
A final street plan pursuant to the Code.
B.
Upon receipt of the proposed final plans and documents as required by Subsection A, the PEDD shall notify the applicant, in writing, of the Town's approval or disapproval of the final design. If plans and/or other submissions are not satisfactory, the PEDD shall state the reasons for same. Final plans shall be forwarded to the Commissioner of Public Works for his signature, which shall constitute final design approval of the street plan.
C.
Where proposed streets are submitted for approval in connection with
a proposed subdivision plan, the requirements of this article shall
be deemed the minimum requirements for approval of streets and utilities
within the subdivision. The final approval by the Planning Board of
the subdivision plan and the signature of the Commissioner of Public
Works shall constitute final design approval of the proposed street
plan.
A.
Recommendation of acceptance; imposition of additional requirements;
waiver of conditions.
(1)
If, in the opinion of the Commissioner of Public Works, the proposed street and related utilities have been completed in accordance with the final design approval and the highway and drainage standards, and the Town's construction inspector verifies that the construction he is responsible for inspecting has been inspected by him and is in accordance with the final design approval and the highway and drainage standards, and the applicant has filed a certificate of compliance as required by § 162-11A(23) of this article and the Divisions of Latham Water and Pure Waters have found the related sanitary sewer and water distribution systems acceptable, the Commissioner of Public Works shall recommend to the Town Board that the street be accepted.
(2)
Prior to acceptance of the street, the Town Board may, in its discretion,
impose additional requirements or conditions if it deems that such
requirements and/or conditions will best serve the public's interest.
(3)
The Town Board may, in its discretion, accept a proposed street notwithstanding
conformist nonconformance to all of the provisions of this article
if it deems that acceptance of same shall best serve the public's
interest. However, such an acceptance will be subject to conditions
imposed by the Town Board.
B.
Before any street shall be accepted for dedication, the street shall
be suitably improved up to and including the placement of the base
course of asphalt concrete to the satisfaction of the Commissioner
of Public Works or his designee in accordance with all applicable
standards and specifications.
C.
Determinations for final acceptance of the pavement structure shall
be made from core samples taken in compliance with the Town of Colonie
highway and drainage standards.
D.
Prior to the dedication of a street, the developer shall have stabilized
all soil surfaces as specified in the Town of Colonie highway and
drainage standards.
E.
Upon completion and certification of the base course of pavement
and prior to dedication of the street or the issuance of any building
permit, the applicant shall deposit with the Town a cash payment to
cover the placement of the top course of asphalt concrete. Said payment
shall be nonrefundable and shall be of an amount sufficient to cover
the costs of raising of manholes, valves and catch basins, trueing
and/or leveling, and top course of paving. The amount shall be determined
by contract prices secured by the Town annually through competitive
bidding for such work. The Town shall use these funds to complete,
or cause to be completed, the necessary work at such time as the Town
deems appropriate.
F.
No building permits shall be issued on a proposed street until all sewer, water, storm sewer and street improvements, up to and including placement of the base course of pavement, have been made to the satisfaction of each respective department head; the grading, street and storm sewers are verified as properly completed by the Town's construction inspector; and written approval is forwarded to the PEDD by each department head. Upon receipt of acceptance by each department, the PEDD shall issue a written statement to the Building Department stating that building permits may be issued. If, at the time of the request for a building permit, the proposed road is not completed in accordance with the final design approval, the Bureau of Engineering or Division of Highway shall require that a cash escrow sufficient to cover the cost of placing the base course of pavement, curbs and other work if required, as estimated by the Bureau of Engineering, and the deposit of moneys as required in Subsection E shall be furnished to the Town by the person seeking to obtain building permits, only after demonstrating to the Commissioner of Public Works sufficient need to build prior to the completion of the street as required in Subsection B. Such escrow shall be in a sufficient amount to assure completion of the street within a specified period of time and shall empower the Commissioner of Public Works to utilize the moneys so posted to complete the street if needed. The Bureau of Engineering shall supply the escrow agreement. In no case shall a certificate of occupancy be issued for any building until the base course of pavement is complete and the street is dedicated.
G.
Upon the completion of the installation of the asphalt base course to the satisfaction of the Commissioner of Public Works, the stabilization of all open soil areas to the satisfaction of the Division of Highway and the proper depositing of moneys as required in Subsection E, the Town Board may dedicate the street in accordance with Subsection A and the applicable provisions of New York State law.
A.
Before any work approved under the provisions of this article is
undertaken in an existing street ROW by any developer or contractor,
a highway work permit must be obtained from the Division of Highway.
B.
Any damage to an existing street occurring during the course of development
of lands adjacent to the street shall be the responsibility of the
applicant obtaining the building permit for the building that was
the cause of such damage and shall be repaired to the satisfaction
of Commissioner of Public Works or his designee prior to the issuance
of a certificate for use of utilities or a certificate of occupancy.
If such damage occurs during the winter months, the developer shall
post a cash escrow to cover the cost of said repairs. Said escrow
agreement shall specify a date by when such repairs shall have been
completed. If the repairs are not completed by the date specified,
the Commissioner of Public Works or his designee shall have the authority
to use the escrow moneys to complete the repairs.
The applicant shall submit with his application a fee for review
of the application and plans to the PEDD. The amount shall be in accordance
with the fee schedule established by the Town Board.
The provisions of this article shall be enforced by the DPW,
Town Attorney, and Justice Court.
A.
Any person or persons, associations or corporations committing an
offense against this article or any section or provision thereof is
guilty of a violation and shall, upon conviction thereof, be subject
to a fine not to exceed $250 or imprisonment not exceeding 15 days,
or both.
B.
In the event of a continuing offense of any section or provision
of this article, each day such offense shall continue shall be a separate
violation and subject to a separate fine, imprisonment or combination
thereof.
C.
In lieu of, or in addition to, any fine or imprisonment, or both,
imposed for a conviction of an offense of this article or rule, each
such offense may be subject to a civil penalty not to exceed $250,
to be recovered in an action or proceeding in a court of competent
jurisdiction. Each day an offense continues shall be subject to a
separate civil penalty.
