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.
A. 
No person shall construct a Town highway except in accordance with the provisions of this Part 2.
B. 
Exemption(s).
(1) 
The Town recognizes that there are Town highways that were constructed inconsistent with the standards herein. Such highways were lawfully created prior to the adoption of this chapter. Therefore, such highways are declared to be legally nonconforming Town highways in order to continue and undergo routine maintenance for safety purposes but also to allow new building construction to occur on any lot of record whose access is from such highway. Lastly, an increase in the number of lots accessing a nonconforming Town highway shall be allowed only if such action conforms to Chapter 295, Subdivision of Land, and Chapter 350, Zoning, of the Code of the Town of Milo.
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;
E. 
A project schedule;
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.
C. 
Design criteria used.
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.
A. 
Prior to the start of construction of any Town highway, the applicant shall deposit with the Town Clerk a performance bond by a bonding company licensed to do business in New York or acceptable surety or shall deposit with the chief fiscal officer of the Town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank payable at sight to the Town Board, guaranteeing that:
(1) 
Within two years, the applicant will complete the construction of all required improvements within the right-of-way in accordance with the approved plans.
(2) 
Upon certification by a professional engineer and recommendation by the Town Highway Superintendent that the construction of the Town highway has been completed in accordance with the approved plans, the applicant will dedicate such highway free and clear of all liens and encumbrances. This guaranty of dedication shall apply to the owner of the property as well as the applicant where the two are not synonymous.
B. 
As guaranty for the performance of the above requirements, the applicant shall deposit, as heretofore set forth, a surety bond, negotiable government bonds, cash or a certified check in the amount of 100% of the total construction cost. This amount shall be determined by the Town Highway Superintendent. Upon recommendation by the Town Highway Superintendent that the construction of the right-of-way has been completed by the applicant in accordance with the approved plans and after the Town Board has been satisfied that the stipulated guaranties have been complied with, the Town Board may release the bond, surety, cash or certified check to the applicant or his or her assigns, except that the Town Board shall require a maintenance bond in the amount of 10% of the original highway bond for a period of one year from the date of such official completion as guaranty that the applicant shall maintain such completed right-of-way as set forth herein. At the expiration of the one-year maintenance period, the Town Board shall release such maintenance guaranty to the applicant or his or her assigns, provided that prior to such final release of guaranty, the Town Board may deduct from such deposit all just charges for any maintenance, exclusive of charges for plowing of snow which the Town may have incurred for work on such right-of-way during the one-year period. The Town Highway Superintendent will request a hold-harmless agreement for any damage done during winter maintenance operations such as sanding, salting or plowing.
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.