[HISTORY: Adopted by the Town Board of the Town of Ellicott 8-17-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
The Town Board of Ellicott, New York, does adopt the following
procedures and regulations in an effort to create uniformity in the
design and construction of all future streets, as well as the process
under which streets are offered to the Town for dedication by private
developers, in an effort to ensure the safety of residents and protection
of the environment.
This chapter of the Code shall be cited as "Dedication of Streets
and Highways."
Street/road specifications: Any owner or group of owners who
desires to have a street or road taken over by the Town of Ellicott
as a public street or highway may declare by offering to dedicate
such street or road to the Town, and agreeing to comply with the following
requirements. Before any street, road or highway shall be accepted
by the Ellicott Town Board as a public Town highway, it shall meet
the following minimum requirements:
A.
Right-of-way. The right-of-way shall be not less than 50 feet in
width.
B.
Temporary dead-end streets or roads. There shall be a turnaround
provided at no more than 100 feet and no less than 50 feet from the
end of the temporary dead-end street or road. This turnaround should
be a minimum of 30 feet in width and 40 feet in depth. It must run
perpendicular to the street/road at a 90° angle. This turnaround
should preferably exit from the street/road to the left when traveling
toward the dead-end. Construction of the turnaround must equal that
of the street/road requirements.
C.
Permanent dead-end street/road. When the street/road is deemed to
be a permanent dead-end street/road where the end of the street/road
abuts adjoining property owners, there shall be a cul-de-sac constructed
of the same specifications as the street/road. It shall have a minimum
outside radius of cul-de-sac pavement of 50 feet, touch but not intersect
such property line and the gores of land bounded by the adjoining
property and by the perimeter of the circle shall be shown on the
map as proposed dedication to the Town and shall be included in any
dedication of the street or road.
D.
Natural waterways. Where a natural waterway crossing or adjacent
to any street/road into which said street/road may drain is deemed
insufficient to carry off the drainage upon a proposed street/road,
and, in that event, at the discretion of the Town Planning Board and
the Town Superintendent of Highways, a storm sewer of type, size and
construction acceptable to the Planning Board and the Superintendent
of Highways shall be installed. All bridging and sluice pipe deemed
necessary to accomplish the above approved by the Town Superintendent
of Highways shall be furnished by the owner. The cost of sluices,
bridges, and pipes necessary to accomplish the above purpose shall
be borne solely by the property owner seeking to dedicate said land
for said purposes.
E.
Adverse effects from development. When and in the event a street/road
development shall cause adverse effects from water shed or any other
problems on neighboring towns, villages, cities or property owners,
etc., written approvals from these establishments must accompany all
development plans and projections. A permanent easement shall be provided
by the owner across private property and reserved to the Town of Ellicott
for the installation and/or maintenance of ditch or storm sewer to
a natural watercourse shown on the map and included in the deed of
dedication to the Town. Such permanent easement shall be not less
than 30 feet in width.
F.
Trees, brush, stumps, etc. All trees, brush, stumps and other growth
must be removed from the full fifty-foot right-of-way, and any limbs,
branches, brush, etc. protruding into the fifty-foot right-of-way
must also be removed.
G.
Stormwater management. With adequate removal of clay, rocks, and
topsoil, side ditches shall be formed not less than one foot lower
than the finished center-line grade. Ditches shall be formed so that
there is a minimum of 40 feet between them. The fore and back slopes
shall be in accordance with the instructions of the Town Superintendent
of Highways depending on soil conditions and road grade. All sluiced
or drain pipes placed in ditches will be a minimum of 12 inches. If
stormwater is piped, subgrade edge drainage will be installed, as
directed by Highway Superintendent, under the road to drain into drop
inlet catch basins which will be used with any underground drainage
and placed not more than 60 feet apart. Any stormwater not directed
to a ditch must be conveyed to catch basins by means of cement gutter
installed to specifications set by the Town Superintendent of Highways.
All driveways on the road must slope away from the bituminous surface
at a slope of at least 3/4 inch per foot to a point over the ditch
line. Headwalls are not permitted in the right-of-way.
H.
Subgrade. The street/road shall be graded to a subgrade of 12 inches
below the finished grade; properly crowned to shed water laterally
to the side ditches and thoroughly compacted to a width of not less
than 36 feet. Upon the sub grade shall be spread coarse run of the
bank or creek gravel consisting of 80% stone of sizes from 1/2 inch
to no larger than eight inches (free from clay and soil) broken stone
or slag compacted to depth of 12 inches for a width of not less than
30 feet. Six inches of screened or crusher run gravel with stones
no larger than three inches must then be applied and compacted to
a width of no less than 28 feet.
I.
Bituminous surface. Upon the compacted gravel there shall be two
layers of bituminous asphaltic concrete with a width of no less than
28 feet. The base layer will consist of no less than three inches
compacted of Dense Binder Type 3 (403.138902). The final top coat
will consist of no less than 1 1/2 inches compacted Top Course
Type 7F (403.198202). Bituminous layers will be properly crowned so
that the slope of the road drops from the center crown to the edges
at a slope of no less than 1/4 inch per foot and no more than 3/8
inch per foot.
J.
Intersecting other Town streets/roads. When and in the event a street/road
intersects another Town street/road, the proposed street/road must
intersect at a 90° angle to enhance adequate visibility. There
shall be no unnecessary curves or jogs in the street/road unless they
are unavoidable due to contour of terrain of land. If curves or jogs
are deemed necessary, they must be approved by the Superintendent
of Highways and may alter normal specification requirements.
K.
Intersecting state or county highways. When and in the event that
a street/road shall intersect a state or county highway, the owner
shall submit to the Town Planning Board and the Town Superintendent
of Highways approval, in writing, from the New York State Department
of Transportation or the County Superintendent of Highways for said
intersection.
A.
All applications for the dedication of streets shall be accompanied
by three copies of a survey, prepared by a licensed land surveyor,
dated within one year from the date of application and in a form that
is proper for recording in the Chautauqua County Clerk's office.
Such survey must show the profile of the proposed street and all other
proposed improvements, and of each existing street within 200 feet
of the proposed street. The survey must contain a certification by
the surveyor that the road and related improvements have been constructed
in accordance with the survey and profile as submitted.
B.
All applications shall be accompanied by a proposed warranty deed
and any and all other necessary legal instruments to give the Town
clear and undisputed title to the dedicated street, together with
a thirty-year search of the parcel to be conveyed. All proposed deeds
and titles shall be passed upon by the Town Attorney, whose decision
shall be final. In the event that any easements or rights-of-way are
necessary to remove surface water, in the opinion of the Superintendent
of Highways, the applicant shall produce legal documents sufficient
to show title to such easements and rights-of-way as are acceptable
to the Town Attorney.
C.
Where proposed streets intersect streets owned by another municipality,
the application shall contain letters from the municipalities approving
the intersections.
D.
One copy of all applications shall be provided to the Ellicott Highway
Superintendent for his or her review at least 10 days prior to a public
meeting where the dedication of streets will be considered by the
Town Board.
E.
Prior to accepting the dedication of a street or streets, the Town
Board shall seek input from the Town Highway Superintendent and Town
Attorney. At the discretion of the Town Board, the Board may refer
the proposed dedication to the Planning Board for review and comment.
The Town Board shall not accept the dedication of any street which
does not comply with these provisions.
