[Adopted 8-20-2003 by L.L. No. 1-2003]
This is an article regulating the dedication of any road or
drainage facilities in connection therewith in the Town of Delaware,
Sullivan County, New York. It may be referred to as the "Town of Delaware
Road Law."
This article is enacted for the purpose of insuring that all
roads dedicated to the Town of Delaware meet certain minimum standards
of construction and safety. It is further the objective of this article
to avoid the assumption of Town responsibility for roads which would
be difficult and costly to maintain or potential safety hazards until
such deficiencies are first corrected.
This article shall apply to all roads proposed for dedication
to the Town of Delaware, Sullivan County, New York. No road shall
be accepted for maintenance by the Town of Delaware unless said road
meets the standards contained herein and has been reviewed and approved
by the Town of Delaware Highway Superintendent.
The following shall be the minimum requirements for any road
dedication to the Town:
A.
Right-of-way. A legal right-of-way of not less than 50 feet shall
be provided. "Legal right-of-way" shall mean the width dedicated to
road purposes, which may be greater than the area actually used as
a traveled portion, shoulders and drainage facilities. Greater widths
may be required to include the top of cuts or bottom of fills.
B.
Line and grade. The line and grade of all roadways shall be constructed
or reconstructed to maintain a minimum sight distance in either direction
of 300 feet measured at eye level. Grades shall be no less than 0.5%
nor more than 12.0%, except that grades of up to 15% may be accepted
for distances of 500 feet separated by distances of 500 feet. Horizontal
curves shall have a minimum radius of 510 feet and a maximum curvature
of 11.5°.
C.
Road section. The road section shall, as a minimum, meet the standards
utilized in the "Typical Road Cross Section - Town of Delaware," which
is attached and hereby made part of this article.[1] This includes minimum widths for the traveled portion
of the road and shoulders of 20 feet and five feet, respectively.
"Traveled portion" shall mean that part of the road with base and
top constructed as herein provided and over which vehicles may be
driven. Cut and fill slopes shall be no greater than one on two or
50% using earth and three on one in rock. The road base shall be a
minimum of 30 feet in width.
[1]
Editor's Note: The typical road cross section is attached
to this chapter.
D.
Road surface. Each road shall contain a subbase of material placed
on a stable and compacted subgrade or ground of which no rock particle
shall exceed two feet in diameter. The use of underdrains and geotextile
filter or stabilization fabrics may be directed by the Town Highway
Superintendent to insure a stabilized subgrade. A bottom course of
the subbase shall be required in every instance and shall consist
of a thirty-foot-wide, eight-inch course of bank run gravel or crushed
stone, of which no particle shall exceed such a size as will pass
through a four-inch-square hole or sieve. This shall be topped with
a twenty-foot-wide, four-inch course of selected gravel or crushed
stone, of which no particle shall exceed such size as will pass through
a two-inch-square hole or sieve. Each course will be installed in
lifts not exceeding six inches in depth and will be compacted with
a vibratory compactor achieving a compaction satisfactory to the Town
Highway Superintendent. Shoulder material will be the same as the
subbase top course. A bituminous surface shall be installed and shall
be a minimum of 30 feet in width to include the shoulders. The bituminous
surface shall have a compacted thickness of at least three inches,
consisting of a two-inch course of Type 3 binder hot-mix asphalt concrete
and a one-inch course of Type 6F top hot-mix asphalt concrete or a
three-inch course of sealed cold-mix asphalt.
E.
Drainage.
(1)
At each point where the road is intersected by a driveway which requires
that surface drainage water be carried under the drive, a sluice pipe
of not less than 12 inches in diameter nor less than 20 feet in length,
constructed of corrugated or heavy steel pipe, heavy-duty polyethylene
(HDPE), or equivalent, as approved by the Town Highway Superintendent,
shall be installed across the width of the driveway and extending
an additional one foot beyond on both sides. It shall be installed
with a minimum of one foot of tamped impermeable cover. In instances
involving unusually heavy traffic, the Town Highway Superintendent
may also specify greater dimensions for driveway culverts and sluices.
Headwalls shall be installed on each end of the pipe.
(2)
At each point along the road where a cross drain is required, a sluice pipe of not less than 15 inches in diameter nor less than 40 feet in length, constructed of corrugated or heavy steel pipe, heavy-duty polyethylene (HDPE), or equivalent, as approved by the Town Highway Superintendent, shall be installed across the width of the base and extending two feet beyond on both sides. It shall be installed with a minimum of two feet of tamped impermeable cover consisting of one foot of compacted earth and one foot of gravel or crushed stone, as specified in § 180-10D above. In instances involving unusually heavy traffic or large drainage basins, the Town Highway Superintendent may consult with the Sullivan County Soil and Water Conservation District and/or specify greater dimensions for culverts and sluices. Headwalls shall be installed on each end of the pipe. Any watercourse requiring a drainage structure which will have a waterway area in excess of 150 square feet in size or a span across the watercourse of 15 feet shall be designed by a professional engineer. Any headwalls, drop inlets, catch basins, manholes or similar structures for the removal of stormwater shall be of a design and material approved by the Town Highway Superintendent.
F.
Dead-end streets. Dead-end streets shall end in a cul-de-sac with
a surface area of not less than 80 feet in diameter and a right-of-way
of not less than 120 feet in diameter. Within the center of this cul-de-sac
and surfaced area an unsurfaced area of not more than 40 feet in diameter
may be permitted with approved internal drainage. No structures may,
however, be permitted in this area.
G.
Guardrails. Guardrails of a type approved by the Town Highway Superintendent
shall be installed in any instance where the difference in elevation
from the edge of a shoulder to the toe of any slope within the road
right-of-way is greater than six feet. Should the right-of-way be
in excess of 50 feet in width, guardrails will be required in any
instance where the slope away from the road exceeds 35%.
H.
Miscellaneous. All slopes shall be seeded and mulched to prevent
erosion. All signs installed shall be in conformance with the New
York State Manual of Uniform Traffic Control Devices. If name signs
are provided they shall comply with standards established by the Town
Highway Superintendent, and no road shall be named the same as any
other existing or proposed highway within the Town of Delaware. Intersections
shall be as close to 90° as possible but in no case less than
60°. Intersections shall be offset a minimum of 125 feet. All
road curves shall be adequately banked.
I.
State requirements. All other requirements of state law, insofar
as Town highway construction is concerned, also apply to roads proposed
for dedication to the Town of Delaware. These requirements are in
addition to any specifications outlined herein.
A.
Any person or persons proposing to dedicate a road to the Town of
Delaware shall prepare plans of the same in five copies to be submitted
to the Town Board, together with the specified filing fee, for approval.
Plans shall be prepared by a professional engineer, and maps shall
be at a scale of one inch equals 100 feet or larger. Plans shall include
a map showing names of streets, cross sections, grades and distances,
and bearings of right-of-way lines. The plans shall also include such
information in writing as may be necessary to document compliance
with this article. This shall include;
(1)
Such information as required to adequately reflect land conditions,
topography, soils, etc.
(2)
Details on road widths and dimensions of other facilities.
(3)
Specifications for drainage structures and bridges.
(4)
Identification of the markers which will indicate on the ground the
location of property lines.
(5)
A certification regarding the identity of each property owner along
the right-of-way of the road together with an indication as to whether
such property owner joins in the submission for approval of the plans
and releases any right to assert any claim such property owner might
otherwise have against any person, persons, partnership, corporation
or political subdivision by reason of the dedication of such road.
C.
Prior to action by the Town Board, the Town Highway Superintendent
and the Town Planning Board shall review the plans of the proposed
dedication. The Planning Board shall, within 30 days, indicate its
recommendations to the Town Highway Superintendent, who shall, within
60 days, make an inspection of the road. He may also request a professional
engineer to accompany him, the cost of whose services shall be borne
by the person or persons proposing dedication of the road. At the
time of this inspection or within 15 days thereafter, the Superintendent
shall notify the persons proposing dedication of the road of any deficiencies
with respect to this article or of any additional requirements he
may choose to impose as a result of the authority granted him by this
article. The applicant shall have time as necessary to respond and/or
amend plans submitted to the Town of Delaware, but if more than one
year elapses between the submission of original and amended plans,
the amended submission shall require the filing of additional fees.
Amended plans shall also require an additional inspection to determine
whether deficiencies have been corrected.
D.
Once the Town Highway Superintendent is satisfied that the road proposed
for dedication will meet the requirements of this article and he has
inspected the road in order to ascertain the same, he shall make a
recommendation to the Town Board to accept the road as a Town highway.
E.
Upon receipt of the Highway Superintendent's recommendation
to accept a road as a Town highway, the Town Board shall, within 60
days, vote to accept or reject the road. The Town Board may make its
own inspection of the road in arriving at its decision. In the event
the plans are rejected for any reason, the applicant shall be notified
within 15 days as to reasons why and how the road can be brought into
compliance with the law. The applicant may request a conference with
the Town Board and Highway Superintendent to review the reasons why
the plans were rejected and how it can be corrected, which conference
shall take place at the earliest date convenient to the Town Board.
F.
Upon a vote by the Town Board to accept the road, the affected property
owners shall deliver the deed(s) for the right-of-way, which deeds
shall be of a bargain and sale type with covenant against grantors'
acts. Lands transferred to the Town shall be in fee simple. Any drainage
easements shall be included in a deed. All deeds shall be recorded
at no cost to the Town Board. In final acceptance of the road by the
Town, the Town Board shall be governed by the requirements of the
New York State Town Law and various highway laws.
Variations to the standards contained herein may be approved
by the Town Board upon recommendation of the Town Highway Superintendent
in order to accommodate unusual or severe topographic conditions.
No approved variations, however, shall constitute a change in the
basic specifications set forth as applied to other roads.
A.
Any person who violates any provision of this article shall be deemed
to have committed an offense against this article and also shall be
liable for said violation.
B.
Any person, firm or corporation violating this article shall be subject
to a civil penalty, enforceable and collectable by the Town in the
amount of $350 for each offense; such penalty shall be collectable
by and in the name of the Town.
C.
Each day of continued violation after notice thereof shall constitute
a separate violation and offense.
D.
In addition to the above provided penalties, the Town Board may also
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any portion of this article.
This article shall supersede all prior local laws, ordinances,
rules and regulations relative to the standards for roads and highways
proposed for dedication to the Town of Delaware, and they shall be,
upon the effective date of this article, null and void.
