[HISTORY: Adopted by the Town Board of the Town of Coxsackie
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-27-1986 by L.L. No. 2-1986]
This article shall be known as the "Prior Written Notice of
Defective Conditions Local Law" of the Town of Coxsackie.
Where claims for bodily injury or damage to property are asserted
against the Town arising out of alleged defective conditions of property
owned by or in the care, custody or control of the Town, adequate
notice to the Town of any such conditions is of substantial importance
to allow the Town the opportunity to investigate and correct such
conditions, if found to exist. Whether the Town has received actual
or constructive notice of such alleged defective conditions is often
a question of fact which can lead to uncertainty and possible unwarranted
finding of liability against the Town. To assure that the Town receives
notice of an alleged defective condition and is able to respond in
a prompt and reasonable manner, the Town Board considers it to be
important that such prior notice be in writing. It is the purpose
of this article to require that notice of defective conditions of
Town property be given to the Town by prior written notice actually
received by the Town in order to provide for the safety, health, protection
and general welfare of persons and property in the Town of Coxsackie.
No civil action shall be maintained against the Town, its officers
or employees for personal injury, including death, or damage to property
related to, caused by, resulting from or arising out of any property
owned by the Town or property in the care, custody or control of the
Town being defective, out of repair, unsafe, dangerous or obstructed
unless, prior to the occurrence of the injury or damage, the Town
shall have been given actual written notice of the alleged condition
complained of and shall have failed or neglected within a reasonable
time to repair or remove the condition.
The notice required by this article shall contain the following:
A.
The full name and address of the person giving notice.
B.
The particular property of the Town and its location, which is claimed
to be defective, out of repair, unsafe, dangerous or obstructed.
C.
The time such condition was first observed or made known to the person
giving notice.
D.
A statement of the particulars in which the property is defective,
out of repair, unsafe, dangerous or obstructed.
A.
The written notice provided for by this article shall be served by
personal service within the Town of Coxsackie upon the Town Clerk
or Town Supervisor and, in the case of highway property, upon the
Town Superintendent of Highways. Service shall be made at their respective
Town offices.
B.
Service may also be made by mailing such notice by certified mail,
return receipt requested, to the officials specified in this section
at their respective Town office addresses.
C.
The claimant shall have the burden of proving service of notice in
compliance with this section in any civil action maintained against
the Town or any officer or employee thereof.
[Adopted 6-14-1988 by resolution]
The purpose of these specifications is to establish minimum
acceptable road construction, including widths and development of
right-of-way, paved roadway, storm drainage and other utilities in
the Town of Coxsackie. Dedication of the right-of-way will not be
accepted until the developer's professional engineer or licensed
land surveyor and the Town Superintendent of Highways shall have certified
to the Town Board that the development of the road has been completed
in accordance with the approved plans, which shall conform with the
following specifications.
No road construction work is to be undertaken prior to written
notification and approval from the Town Superintendent of Highways.
The Town Superintendent of Highways shall be notified five working
days prior to commencement of any work. A schedule of their proposed
road construction, setting forth tasks to be performed, time frame
for implementing tasks (dates), etc., and proposed completion date,
shall be submitted prior to commencement of work.
All work will be inspected as deemed necessary by the Town Superintendent
of Highways and/or representatives of the office of the Town Engineer.
All costs associated with the review of plans, inspections, etc.,
will be paid for by the owners of the property or developer for whom
the road is being constructed.
The plan shall clearly define the limits of the proposed roadways
and storm drainage, including culverts and other drainage structures,
and the location of easements and utilities. A plan and profile shall
first be submitted to the Town Superintendent of Highways and Town
Engineer and then to the County Superintendent of Highways, when any
road drains toward a county highway, and then to the Town Board for
review and approval under the applicable subdivision regulations of
the Town. Such plans so submitted shall not be altered or amended
after having been approved by the Town Board and Town Engineer, except
after amended plans have been resubmitted and approved as above. However,
the developer shall, at his own expense, provide additional storm
drainage facilities as may be ordered by the Town Superintendent of
Highways and/or Town Engineer if, during the progress of the work,
in the opinion of the Town Superintendent of Highways, Town Engineer
or the County Superintendent of Highways, such additional structures
or facilities are necessary to assure durability of pavement and future
maintenance of the right-of-way.
All culvert pipes will be cushioned with a minimum of six inches
of sand or bank-run gravel and 12 inches of cover over top of the
pipe.
A.
The right-of-way shall be at least 50 feet in width and shall extend
a minimum of 25 feet from the center line of the proposed roadway.
B.
Permanent steel-reinforced concrete monuments six inches by 36 inches
shall be placed in the ground so as to project six inches above grade
to delineate the road right-of-way. Monuments shall be set at all
angle points, points of curvature, points of tangency and points of
intersection of plat boundaries, lot corners, etc., and at such intermediate
points as required by the Town Superintendent of Highway and/or Town
Engineer.
C.
Proper sight distance, acceptable to the Town Board, shall be provided
at all intersections. The developer shall establish and clearly mark
on the site the limits of the right-of-way, the center lines and grades
of roadway and the location and elevation of drainage structures.
Such markers shall be maintained at the developer's expense until
construction of roadway, drainage, curbs and shoulders has been completed
and accepted by the Town Superintendent of Highways and Town Engineer.
D.
The fifty-foot right-of-way shall have been cleared as approved by
the Town Superintendent of Highways and/or Town Engineer. Roadway
shall be constructed at least 30 feet in width and shall extend a
minimum of 15 feet from the center line of the right-of-way. Grades
shall be in accordance with the approved plans. The drainage system
shall be installed in accordance with the approved plan and profile.
Sections 170 and 171 of the Highway Law must be fully complied with.
E.
Any unsatisfactory material within the limits of the proposed pavement
shall be removed and shall be filled with not less than 12 inches
of well-graded gravel, quarry rubble or other satisfactory subbase
material not less than 30 feet in width.
F.
Rough subgrade of roadway, after having been approved by the Town
Superintendent of Highways and/or Town Engineer, shall be fine-graded
by hand or by mechanical grade and rolled. Rolling shall continue
until subbase is thoroughly compacted and no movement of subbase materials
is observed under passage of the roller. Any soft or unstable portion
of the subbase shall be removed and replaced with suitable borrow.
Compacted subbase shall be shaped and brought to proper grade. Rolling
as aforesaid will commence when four inches of subbase has been installed
and continued until proper depth has been reached.
Guardrails and/or guard posts, of acceptable size and quality,
shall be erected wherever necessary to protect motorists and property.
Locations and extent of areas requiring guardrails, etc., shall be
at the discretion of the Town Superintendent of Highways.
Utility poles shall be set outside the right-of-way on their
own easement. Any subsurface structure such as water, gas, electric,
telephone or sewer lines must be installed in utility easements and
placed prior to application for acceptance of the road by the Town
authorities. All utility easements shall be shown on plans.
Any deviation from any of the above requirements can only be
made by a written authorization from the Town Superintendent of Highways
and the Town Board.
All trees, fences, walls or other obstructions within the work
limits shall be removed. The extent of clearing and tree removal shall
be confined to the construction limits as approved by the Town Superintendent
of Highways and/or Town Engineer. The clearing limits will be indicated
on the ground at approximately one-hundred-foot intervals by the developer.
A.
All topsoil within the construction limits shall be removed; roadway
subgrade shall be of stable material and shall meet with the approval
of the Town of Coxsackie Superintendent of Highways and/or Town Engineer
and shall be compacted with an approved steel roller weighing not
less than 10 tons after it has been brought to proper line and grade
and parallel with the finished surface of the road. Any low spots
shall be filled with approved subgrade material, and where the subgrade
is being constructed on embankment, shall not contain stones larger
than six inches in greatest dimension or sod, roots, frozen soil or
other objectionable material. It shall be placed in successive uniform
layers not exceeding six inches' thickness, and each layer shall
be thoroughly rolled over its entire area. The minimum width of the
subgrade shall be 30 feet placed in the center or the right-of-way.
B.
Plans and construction of all roads, etc. shall delineate adequate
subbase drainage. The adequacy of the subbase road drainage plans
and construction shall be reviewed by and brought up to the standards
required by the Town Superintendent of Highways and/or Town Engineer.
A.
The contractor shall furnish and place the minimum of a twelve-inch
thick layer of coarse gravel, measured after compaction. The particles
shall be of such size as will pass through a four-inch square hole;
not more than 70% by weight shall pass the No. 40 mesh seive, and
not more than 10% by weight shall pass the No. 200 mesh seive. Fine
grade with six inches of processed gravel or Item 4 shall be required.
B.
The material shall be spread over a minimum width of 30 feet, in
three or more layers, each not to exceed four inches thickness. It
shall be thoroughly rolled with a ten-ton roller after each layer
is spread.
The contractor shall furnish and place a one-and-one-half-inch
thick course of three-fourths inch crushed stone on top of the foundation
course for a width of 30 feet, this being placed and rolled after
the shoulders have been placed and rolled to final line and grade.
The shoulders shall extend for four feet on each side of the pavement
and shall be of the same material as the foundation course, except
that the maximum size of the particles shall pass a one-inch square
hole. A ten-ton roller shall be used for compaction. After the base
course has been thoroughly rolled and compacted, a medium cure asphalt
cutback MC-1 shall be evenly spread over the surface with an approved
pressure distributor at the rate of 0.75 gallons per square yard.
Immediately following the above, a layer of three-eights-inch and
one-half-inch mixed crushed stone shall be placed at a thickness of
one inch and thoroughly rolled to proper line and grade. During this
operation, the roller shall lap at least 1/2 of the rear wheel onto
the previously prepared shoulder to present a smooth joint between
shoulder and pavement. Rolling shall start at the shoulder and proceed
to the center of the road. Following this operation, an approved pressure
distributor shall apply a coat of MC-5 at a rate of 0.5 gallons per
square yard.
Immediately following the above, a light sprinkling of one-half-inch
crushed stone shall be applied to the surface and rolled until the
fragments are thoroughly interlocked.
The finished surface shall be formed with a one-fourth-inch
per foot crown, extending from each side of the pavement to the center
line. The shoulders shall have a three-fourths-inch per foot slope
from the edge of the pavement to the beginning of the ditch profile.
The invert of the ditch shall be a minimum of four inches below the
outside of the shoulder.
Grade stakes or other markers shall be placed on both sides
of the road center line of fifty-foot intervals along curves and at
fifty-foot intervals on one side only along tangents. Grade stakes
will shown stations, offsets and cut or fill. Protection of all stakes
is required.
The subbase, prior to the gravel application, shall be within
1 1/2 inches, plus or minus, of grades as shown on the plans.
The final surface shall be within one inch, plus or minus, of grades
as shown on the plans.
A.
Culverts of the size indicated on the plans shall be furnished and
installed in accordance with the grades so set in the field or as
shown on the plans. Roadside ditches shall be in accordance with the
typical road section submitted with the plans, but may be varied to
ensure proper drainage to all culverts.
B.
Length of all culverts and roadside ditches shall be subject to the
approval of the Superintendent of Highways and/or Town Engineer.
A.
Curbing if required, may be either granite stone curb or precast
concrete curb, at the option of the Town Board and Town Superintendent
of Highways.
B.
All curbing utilized shall conform to all sections noted below of
the Standard Specifications; Construction and Materials, New York
State Department of Transportation, dated January 2, 1985, unless
herein stated otherwise or variance is given, in writing, by the Town
Board or Town Superintendent of Highways.
C.
All granite curbing shall be Type B, conforming to Sections 609-3.01
and 714-01, except that the minimum top exposed width of curb shall
be 5 1/2 inches and the minimum depth of curb shall be not less
than 18 inches.
D.
All precast concrete curbing shall be Type BB, conforming to Sections
609-3.03 and 714.04, except that the minimum top exposed width of
curb shall be nine inches and the minimum depth of curb shall be not
less than 18 inches. Type, size and location of steel reinforcement
of all concrete curbs shall be subject to the approval of the Town
Superintendent of Highways and Town Engineer.
E.
The top of all curbs, except in dropped areas, shall project six
inches above the finished surface of roadways, measured at curbline.
F.
Curbs at all driveways shall be dropped, sloping down on a one-on-twelve
or flatter slope to the flat dropped section of the curb. Width of
the flat dropped portion of curb abutting the driveway shall be the
width of the driveway plus four feet Maximum slope of driveways abutting
curbs shall be one-fourth inch per foot. The flat dropped portions
of curbs opposite driveways shall be project one inch above finished
road surface adjacent to curb.
G.
The above delineates the minimum requirements for Town roads to be
constructed to serve residential developments. The Town of Coxsackie
reserves the right to require a heavier base, pavement courses, etc.,
for roads that it deems subject to more severe traffic conditions.
The developer, property owner, etc., shall furnish to the Town
a bond or equivalent acceptable financial guaranty in an amount agreeable
to the Town, for a period of one year, that all road facilities and
appurtenances installed and accepted by the Town will be satisfactorily
repaired and/or replaced, etc., if any deficiency is noted or failure
occurs.
Final inspection and approval will be performed by the Town
Superintendent of Highways and Town Engineer.
