The purpose of this article is to protect and promote the public
health, safety, comfort, convenience, and general welfare of the Town
by regulating the design and construction of private roads. These
minimum standards are necessary to ensure that private roads remain
passable in all weather conditions and are adequate to provide safe,
year-round access by fire, police and other public and emergency vehicles.
They are also necessary to ensure the proper design of private roads
in order to promote sustainable development and to maintain the rural
character of the Town.
The design and construction of any private road shall conform
to all of the following criteria:
A. Abutment to a highway. A private road shall abut a highway.
B. Dead-end roads. Private roads may be permitted to be designed and
constructed as deadend roads. All dead-end roads shall conform to
the Uniform Code as it pertains to the design and construction of
fire apparatus access roads.
C. Erosion and sediment control plan. The applicant shall submit an
erosion and sediment control plan that is prepared, signed and sealed
by a professional engineer that describes the proposed area of disturbance,
temporary and permanent erosion control measures that is consistent
with technical standards including, but not limited to, the New York
State Standards and Specifications for Erosion and Sediment Control,
most current version or its successor.
D. Fire protection.
(1) Fire hydrants shall be provided along private roads that are located
in a municipal water district and shall have a separation distance
in accordance with NFPA 1141, Standard for Fire Protection Infrastructure
for Land Development in Wildland, Rural and Suburban Areas, as amended
from time to time, and NFPA 1142, Standard on Water supplies for Suburban
and Rural Fire Fighting, as amended from time to time. The type and
size of each fire hydrant shall be approved by the Town Board and
the Fire Chief. Lastly, the installation, testing and maintenance
of fire hydrants shall be performed in accordance to AWWA M17 - Installation,
Testing and Maintenance of Fire Hydrants.
(a)
Exemption(s):
[1]
Fire hydrants are not required to be installed along private
roads if the municipal water district cannot support such hydrants.
In such a case, the Fire Chief shall ascertain if additional fire
protection such as but not limited to dry hydrants and fire ponds
is warranted as stipulated in NFPA 1141, Standard for Fire Protection
Infrastructure for Land Development in Wildland, Rural and Suburban
Areas, as amended from time to time, and NFPA 1142, Standard on Water
supplies for Suburban and Rural Fire Fighting, as amended from time
to time.
(2) For private roads that are located outside of a municipal water district,
the Fire Chief shall ascertain if additional fire protection such
as but not limited to dry hydrants and fire ponds is warranted as
stipulated in NFPA 1141, Standard for Fire Protection Infrastructure
for Land Development in Wildland, Rural and Suburban Areas, as amended
from time to time, and NFPA 1142, Standard on Water supplies for Suburban
and Rural Fire Fighting, as amended from time to time.
E. Stormwater management plan. The applicant shall submit a stormwater
management plan that is prepared, signed and sealed by a professional
engineer that contains provisions to control erosion and sedimentation
and reduce the impacts of stormwater; stormwater infiltration and
runoff from the site based on the technical standards including, but
not limited to, the New York State Stormwater Management Design Manual,
most current version or its successor.
F. Traffic control devices. Traffic control devices shall be designed
in accordance to the MUTCD, as amended from time to time.
(1) Private road names. Private roads which form an extension to existing
private road of abutting or neighboring lots of record shall bear
the same name. Names of new private roads shall not duplicate, nor
bear phonetic resemblance to the names of existing highways and private
roads within the Town.
G. Uniform Code. The applicant shall submit plans that is prepared,
signed and sealed by a professional engineer that documents compliance
with the applicable provisions of the Uniform Code as it pertains
to the design and construction of a fire apparatus access road.
Written certification by a professional engineer shall be required
from the applicant certifying to the Town, NYSDEC, NYSDOH, or any
other applicable regulatory agency that the private road, utilities,
erosion and sediment controls, and/or stormwater management systems
were constructed in accordance with the approved plans.
A private road maintenance agreement, in a form approved by
the Town Attorney, shall be recorded as part of the deed for every
lot to which the private road provides access. A hold harmless clause
in favor of the Town and its agents, boards, staff and consultants
regarding design, construction and maintenance of a private road shall
be incorporated into such agreement.
A private road easement for ingress and egress as well as for
utilities, in a form approved by the Town Attorney, shall be recorded
as part of the deed for every lot to which the private road provides
access.
If in the Town Highway Superintendent's judgment that a
private road is not being maintained to standards set forth in this
article, the Town may provide written notice to all owners of such
road to initiate repairs within 90 days. Upon failure to demonstrate
good faith to make such repairs within 90 days, the Town may make
all needed repairs to the private road and to then assess costs to
all owners proportionately. If the Town fails to collect such costs
for any reason, the Town may pursue any remedies at law or in equity.