Town of Milo, NY Part 3 Private Roads

Article VIII Private Roads

§ 222-33 Purpose.

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.

§ 222-34 Compliance required.

A. No person shall construct a private road except in accordance with the provisions of this Part 3.

B. Exemption(s).

(1) The Town recognizes that there are private roads that were constructed inconsistent with the standards herein. Such roads were lawfully created prior to the adoption of this chapter. Therefore, such roads are declared to be legally nonconforming private roads 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 road. Lastly, an increase in the number of lots accessing a nonconforming private road 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.

§ 222-35 Approvals required to create a private road.

A. Fire Chief. The Fire Chief shall approve the site plan, which shall be signed and sealed by a professional engineer, of a private road prior to said plan being submitted to the Planning Board for its approval as prescribed in this section. Written evidence of said approval shall be submitted to the Planning Board as part of its approval of said plan.

B. Highway approval. The authority having jurisdiction (i.e., NYSDOT, County Highway Superintendent or Town Highway Superintendent) of the highway that abuts a private road shall approve said abutment prior to a site plan being submitted to the Planning Board for its approval as prescribed in this section. Written evidence of said approval shall be submitted to the Planning Board as part of its approval of said plan.

C. Planning Board. A site plan, which shall be signed and sealed by a professional engineer, of a private road showing its location, name, number and dimensions of lots of record to be serviced shall be approved by the Planning Board prior to the start of construction.

D. Town Attorney. The private road easement and maintenance agreement shall be reviewed and approved by the Town Attorney prior to a site plan being submitted to the Planning Board for its approval as prescribed in this section. Written evidence of said approval shall be submitted to the Planning Board as part of its approval of said plan.

§ 222-36 Specifications.

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.

§ 222-37 Certification(s).

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.

§ 222-38 Maintenance agreement.

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.

§ 222-39 Easement.

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.

§ 222-40 Emergency repairs.

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.