It is the policy of the Town to entertain applications for the
acceptance of Town highways and to adopt and adhere to an orderly
procedure for the receipt of, and acting upon, such application. The
decision of an application for acceptance of a Town highway is reserved
to the sole and absolute discretion of the Town Board who will consider
the grant or denial of an application on the basis of the best interest
of the inhabitants of the Town. With this policy in mind, the Town
Board will consider applications to accept Town highways only if the
completed highway conforms to this chapter. The Town Board shall not
accept substandard highways.
Any applicant may petition to the Town Board to lay out, alter,
widen, or extend either an existing or proposed Town highway in accordance
with Article 7 of the Highway Law of the State of New York.
An applicant shall file an application therefor in writing on
a form furnished by the Town for that purpose. Such application shall
contain the following:
A. The applicant's name and address, and the applicant's signed
consent to the filing of this application;
B. Identify and describe the work for which application is made;
C. Describe the land on which the proposed work is to be done by legal
description, premises identification numbers or similar description
that will readily identify and definitely locate the proposed work;
D. State the valuation of the proposed work;
F. Be accompanied by plans and other information;
G. Payment of any applicable fees and incurred costs; and
H. Give such other data and information as required by the Town Highway
Superintendent.
Plans shall be prepared, signed and sealed by a professional
engineer and two complete sets submitted to the Town. No construction
shall begin until such plans are approved by the Town. Furthermore,
the plans shall conform to the design and construction specifications
of this chapter and shall include all of the following, if applicable:
A. Stormwater management plan.
B. Erosion and sediment control plan.
D. The proposed name of any new Town highway.
E. Location and alignment survey performed by a land surveyor that includes:
(1) Original and finished grades;
(2) The layout and locations of all highways and their metes and bounds;
(3) The location of any property lines and their metes and bounds;
(4) The location of the Town's right-of-way;
(5) The location of any other rights-of-way and easements including a
statement of their allowable uses;
(6) The location of all drainage structures;
(7) The location of any utilities in the right-of-way;
(8) The names of adjacent property owners to the roadway; and
(9) Location and type of all signs and traffic control devices.
F. A maintenance plan for the roadway.
G. A cross-section of a typical tangent section.
The applicant shall procure and maintain at his or her own expense
and without expense to the Town, until final acceptance by the Town
of the work covered by approved plans, insurance for damages imposed
by law, of the kinds and in amounts hereafter provided, in insurance
companies authorized to do such business in the State of New York
covering all operations under the approved plans, whether performed
by him or her or contractors. Before commencing the work, the applicant
shall furnish to the Town a certificate or certificates of insurance
in form satisfactory to the Town showing that he or she has complied
with this subsection, which certificate or certificates shall provide
that the policies shall not be changed or canceled until 30 days'
written notice has been given to the Town. The kind and amount of
insurance is as follows:
A. Statutory Worker's Compensation or a signed New York State Worker's
Compensation Board Form C-105.21 (8-98); and
B. General liability insurance; single limits of liability $1,000,000;
or
C. Owner's and contractor's protective liability covering
operations of subcontractors, with same limits; and
D. Contractual liability covering hold-harmless clause; and
E. Automobile public liability and property damage covering both owned
and hired vehicles (bodily injury $1,000,000 each person; $1,000,000
each accident); and
F. If any of the rating classifications embody property damage exclusions
X (explosion), C (collapse), or U (upheaval), coverage for eliminating
such exclusions shall be provided with same limits; and
G. Thirty days' written notice of cancellation in favor of the
Town; and
H. Certificate holder shall be the "Town of Milo."
The applicant shall maintain the highway giving access to the
development in such condition that the residents shall have safe,
convenient access. The minimum conditions for such access are listed
below:
A. The roadway shall be maintained on a continuing basis. Soft spots
or other structural defects shall be repaired immediately by excavation
and replacement with approved material. Potholes and edge raveling
shall be remedied on a continuing basis or as ordered by the Town
Highway Superintendent. Such repairs shall be made with HMA unless
approved otherwise by the Town Highway Superintendent.
B. Drainage swales and/or a storm sewer system shall be kept clean and
operational.
The following criteria shall be satisfied before the Town Board
accepts of a new Town highway:
A. A set of as-built plans of the Town highway, showing ROWs, drainage
and utility easements where installed by the applicant and a roadway
center-line profile shall be submitted to and approved by the Town
Highway Superintendent. These plans must bear the stamp of a professional
engineer.
B. Metes and bounds description of all ROWs and easements prepared by
a land surveyor shall be submitted to and approved by the Town Highway
Superintendent.
C. Deeds shall be reviewed and approved by the Town Attorney as to form
and sufficiency. A title insurance policy may be substituted in lieu
of a title search if approved by the Town Attorney.
D. The work completed on the Town highway shall be approved by the Town
Highway Superintendent, which the Town Board shall receive written
documentation of such approval.
E. Approved monuments shall be set according to the NYSDOT's Land
Surveying Standards and Procedures Manual or as directed by the Town
Highway Superintendent, and their locations shall be shown on the
set of as-built plans.