The purpose of this article is to regulate the laying out of streets, thoroughfares and/or highways in the Town of East Greenbush, Rensselaer County, New York.
[Adopted 4-26-1972 by L.L. No. 1-1972 (Ch. 36 of the 1991 Code)]
A.
All applications for approval shall be made in writing to the Town Board, the Town Commissioner of Public Works and the Town Planning Board.
B.
All applications shall be accompanied by nine copies of the subdivision or street plan, and profiles of each street showing existing and proposed grades.
C.
All applications for the dedication of a street to the Town of East Greenbush shall be accompanied by a proposed warranty deed, if possible, or a quitclaim deed conveying said street to the Town with all necessary releases from mortgages or other claimants, together with a proper title search covering at least 30 years up to the time application is made, and also a tax search. If said street is part of a phased subdivision, a separate deed for the highway and related easements shall be presented for each phase section, with the final phase section deed describing all previously presented deeds for highway. Such application shall also be accompanied by a map or maps which shall:
(1)
Be at a scale of one inch equals 50 feet maximum.
(2)
Show contours based on United States Geological Survey datum at intervals not greater than two feet, unless otherwise approved by the Town Board.
(3)
Include a location plan at a scale of one inch equals 1,000 feet, showing the location of the plot with relation to established streets.
(4)
Show all drainage areas tributary to the development.
(5)
Show all proposed streets, roads or highways and lots with necessary survey data.
(6)
Show proposed finished street, road or highway grades. A separate supplementary map of that portion of streets, roads or highways to be conveyed shall be submitted showing building lots and restrictions and names of the abutting owners.
(7)
Show location of permanent monuments.
(8)
Show the proposed names of all streets or roads, and the proposed house numbers.
(9)
Show a profile of the streets or roads at a horizontal scale of one inch equals 50 feet maximum, and a vertical scale of not less than one inch equals five feet, which shall show the original surface, finished grade and other pertinent information.
(10)
Show the proposed method of collection and disposal of surface waters, and the size, grade and invert elevations of all proposed inlet basins and storm sewers. Storm sewers shall be designed to carry the tributary flow and be designed with grades which will produce a minimum velocity of not less than three feet per second and a maximum velocity of not more than eight feet per second when flowing full.
No street offered for dedication after date of the passing of this article shall be accepted as a Town street unless it shall conform to the regulations hereinafter provided.
A.
The owner or all the owners shall have had the land comprising the street surveyed, mapped, and a map thereof shall have been filed in the Rensselaer County Clerk's office.
B.
All underground utilities shall be installed in such street prior to acceptance by the Town. Such underground utilities shall include storm sewer, water, gas mains, telephone, electric power (at the option of the Planning Board) and sanitary sewers, and they shall be installed without expense to the Town and under the overall supervision of the Town Commissioner of Public Works. In streets and highways beyond reasonably workable distance from existing sanitary sewer district limits, "dry" sanitary sewers shall be installed, without expense to the Town, at elevations and slopes established by the Town's designated engineer, and installation shall be made under supervision of said Town-designated engineer. The Town's designated engineer must submit engineering proof of the proper installation and testing of all sanitary lines.
C.
No street, roadway or highway shall be accepted between October 1 and May 1 in any year unless, in the opinion of the Town Commissioner of Public Works, weather would permit proper construction after October 1 or before May 1.
The arrangement of streets or highways hereinafter laid out shall, wherever possible, provide for the continuation of the principal streets existing in the adjoining subdivisions, or of their proper projection when the adjoining property is not subdivided, and shall be of a width as great as that of such existing streets, but in no case less than 50 feet.
Streets shall be classified as follows:
A.
Local residential streets are used primarily by passenger cars and light trucks which serve the dwellings along the streets. Only an occasional heavy truck is expected.
B.
Feeder streets are collectors and distributors of traffic to the local streets, and provide access to the main arterial streets. Traffic, both in weight and volume, is appreciably greater than local street traffic.
C.
Arterial streets are major thoroughfares that connect residential areas with the principal business sections. They carry traffic generated by local and feeder streets and frequently serve traffic to and from outlying rural areas.
D.
Light industrial streets are in commercially zoned areas where a substantial volume of light- to medium-weight supply and delivery trucks is expected. This classification does not provide for large volumes of heavy trucks loaded at or near the legal axle load limit.
All proposed street locations shall be reviewed with the Commissioner of Public Works and Town Planning Board for determination of designation of such street prior to final mapping of same.
There shall be no reserved strips controlling access to streets, except where control of such strips is definitely placed in the Town under the offer to dedicate.
The property lines at all street corners shall be rounded or otherwise set back sufficiently to allow a radius on the property line of 25 feet.
Streets designed to have one end permanently closed shall be provided at the closed end with a turnaround roadway having a minimum radius for the outside property line of at least 50 feet, with the entire area of the turnaround paved, with the exception of a raised median in the center of the turnaround having a radius determined by the following formula:
Rm | = | 45 feet — Wp |
Rm | = | Radius of median |
Wp | = | Width of pavement on street |
Street grades shall not exceed 6% nor be less than 0.5%, except that local streets with grades up to 10% may be permitted with the written approval of the Commissioner of Public Works and the Town Planning Board.
A.
Angles between streets. As far as practical, acute angles between streets at their intersections are to be avoided, and where a deflection angle of more than 10° in a street line occurs at any point between two intersecting streets, the connecting curve should have a radius of not less than 350 feet for feeder and arterial streets and 250 feet on local residential streets for the inner street line. The outer street lines must be parallel to the inner street lines.
B.
Length of blocks. Intersecting streets shall be so laid out that blocks between street lines shall not be more than 1,200 feet in length, unless an unusual topographic condition or efficient land use makes it a real hardship to keep within the limit.
The planting of street trees is mandatory unless rescinded for good cause by the Town Planning Board. Trees shall be of a type or types specified by the Town Planning Board and shall be nursery-grown and conform to Specification M60 of New York State Department of Transportation Manual, "Public Works Specifications of January 2, 1962." Trees shall be transplanted by the applicant at intervals in the right-of-way, as specified by the Commissioner of Public Works.
Sufficient monuments shall be placed to properly reproduce each and every street laid out. Street markers must be placed at all corners and at intervals not exceeding 500 feet on tangent lengths over 1,000 feet long. Monuments shall be either granite with a crosscut in the top, or concrete with a bronze plate or galvanized pin set in the same. Monuments shall be four by four inches at the top and bottom, and four feet long (minimum size). Monuments must be in proper place prior to street dedication or the issuing of any building permits, whichever comes first.
A.
Prior to being offered for dedication to the Town, all streets shall be completely graded, all underground utilities shall have been installed in accordance with all provisions of this article, base course of gravel shall have been placed, graded and compacted, and paving, curbing and sidewalks, as required, shall have been installed in conformance with the applicable standards as shown on the attached drawings, "Highway Cross Sections — Town of East Greenbush.[1]"
[1]
Editor's Note: Drawing available in Town Clerk's office.
B.
The gravel subbase, surface paving, curbing and sidewalks shall be in accordance with the current NYSDOT Highway Design Manual as supplemented by the Town of East Greenbush Standard Specifications for Town Highways. A copy of the most current specifications is on file with the Town Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
At the time of dedication, all proposed streets shall have the subbase grade continued to the full width of the right-of-way. These grades shall be as follows: In cuts, slopes are not to exceed one foot vertical to two feet horizontal, and on fills, slopes are not to exceed one foot vertical to three feet horizontal. Material brought in as fill to bring subbase elevations up to grade shall be placed in nine-inch lifts and thoroughly compacted between courses.
The developer, or owner, laying out the streets or highways for acceptance by the Town shall obtain all necessary easements or rights-of-way to take care of any surface water caused by reason of the development of said street or highway and by reason of the installation of culverts or surface drains. No street or highway shall be accepted by the Town of East Greenbush nor approved by the Town Commissioner of Public Works before such necessary easements or rights-of-way have been obtained and passed upon by the Attorney for the Town of East Greenbush. The width of easement or right-of-way shall be 30 feet minimum for installation depths of six feet or less. At the discretion of the Town Commissioner of Public Works, greater installation depths may require wider easements or rights-of-way, depending upon the particular circumstance.
A.
In general, storm sewers will be required and shall be designed to carry the flow tributary. The distance which water shall be allowed to run in open ditches will be determined in each individual case, depending upon the various factors involved.
B.
Storm sewers, where installed, shall be ADS smoothbore corrugated polyethylene pipe or equal and, generally, shall be laid on grades to produce a velocity of not less than three feet per second nor more than eight feet per second when flowing full. Under special conditions involving circumstances such as level terrain and shallow surface water outlet, permission to install storm sewers at grades producing velocities of not less than two feet per second when flowing full may be granted by the Town Commissioner of Public Works. Storm sewer design shall be on the basis of local five-year storm frequency studies and shall be such that a minimum of 24 inches is maintained from top of pipe to finished ground surface directly above.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Reinforced concrete pipe shall conform to American Society for Testing Materials, Specifications C-75 or C-76 for reinforced concrete pipe, as required. In certain locations, standard or extra-strength concrete sewer pipe (nonreinforced), American Society for Testing Materials, Designation C-14, will be allowed. Corrugated, galvanized-steel pipe shall be fully coated with a paved invert and shall be not less than the gauge recommended by the American Association of State Highway Officials.
C.
All storm sewers shall be constructed accurately to line and grade, properly bedded, and shall be so constructed that all joints are watertight, or, if designed to allow infiltration to lower the groundwater level, shall be constructed in such a manner that will eliminate the entrance of sand through the joints. Typical installation details are shown on the attached drawing, Storm Sewer Detail, Town of East Greenbush.[1] The design of stormwater inlet basins and manholes shall be acceptable to the Town Commissioner of Public Works and shall be in accordance with current standard modern practice. In no case will the use of concrete manhole block less than eight inches in width be permitted. All concrete block manhole structures are to be plastered inside and out. The design of poured, precast or prefabricated manhole structures shall be Fort Miller standard, or equal, and must have the approval of the Town Commissioner of Public Works and/or the Town-designated engineer, prior to installation. Frames and grates shall be Watervliet Iron and Brass Foundry, Inc., standard, or equal, and must be approved by the Town Commissioner of Public Works and/or the Town-designated engineer. In general, stormwater inlet basin covers shall be set level and eight to 10 inches below the finished road center-line grade at the given section. Engineering certification of proper storm-sewer installation shall be submitted to the Commissioner of Public Works prior to asphalt placement.
[1]
Editor's Note: Drawing available in Town Clerk's office.
To insure compliance to approved plans and specifications of the Town of East Greenbush, the Town shall designate an engineer licensed to practice professional engineering in New York State. Such engineer shall inspect the construction of all improvements and provide periodic progress reports to the Town Commissioner of Public Works and the Town Planning Board. Upon completion of each improvement, the engineer shall certify, in writing, to the Town Board that he has supervised such improvement and that it conforms to all approved plans and specifications of the Town and this article. The cost of such engineering inspection shall be borne by the developer, person or firm seeking to dedicate such improvements to the Town of East Greenbush.
Street signs and posts shall be furnished and properly placed by the developer prior to acceptance of any street by the Town. Street signs shall conform in type to the Town standard. Guide rails, where required for highway ditch or culvert protection, or as a general safety measure, shall be placed as specified by the Town Commissioner of Public Works..
A.
Approval, in writing, shall be obtained by the owners and/or developers from the New York State Department of Transportation, regarding drainage where proposed streets or highways intersect state roads, for its permission to connect said streets with such roads.
B.
Approval, in writing, shall be obtained by the owners and/or developers from the Rensselaer County Superintendent of Highways, regarding drainage where proposed streets or highways intersect county roads, for his permission to connect said streets with such roads.
C.
Approval, in writing, shall be obtained by the owners and/or developers from the Town Commissioner of Public Works, regarding drainage where proposed streets or highways intersect Town roads, for his permission to connect said streets with said roads.
Utility poles shall be set in such a position that they will be beyond the ditch or curbline and between the ditch or curbline and the sidewalk line. Telephone and power-cable conduits shall be installed at a location approved by the Town Commissioner of Public Works. To eliminate conflict with existing utilities or those proposed for future installation, all trenches, holes, etc., required for the above work shall be carefully located in the field from existing property markers or from stakes set specifically for such purpose, and their "as-placed" location as shown on an as-built set of plans.
All previous regulations or resolutions affecting the acceptance of streets by the Town are hereby rescinded.
If, in the opinion of the Town Commissioner of Public Works and the Town Planning Board, the proposed streets or highways and drainage systems constructed by the owners and/or developers are completed in accordance with plans signed by the above Town representatives, the Town Commissioner of Public Works and the Town Planning Board will recommend to the Town Board that the streets be accepted within 30 days. The Town Board may refuse to accept a proposed street or highway, notwithstanding that it conforms to all of the provisions of this article. The Town Board may, in its discretion, accept a proposed street or highway, notwithstanding that it does not conform to all of the provisions of this article if, in its judgment, the public interest will best be served by such acceptance, and subject to such conditions as the Town Board may propose.
[Amended 6-2018 by L.L. No. 4-2018]
A.
Before any street or highway shall be accepted for dedication, and before any building permits are issued for structures abutting such proposed street or highway, the same shall be suitably improved to the satisfaction of the Town Commissioner of Public Works and the Town Board of the Town of East Greenbush, in accordance with the standards and specifications set forth and approved herein.
B.
Alternatives to cash escrow.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Alternatively to the cash escrow, and in the discretion of the Commissioner of Public Works and the Town Planning Board, the owner shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law, and shall further be satisfactory to the Planning Board, Town Supervisor and the Town Attorney, as to form, sufficiency, manner of execution, and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond, within which time the highway or street must be completed.
(2)
Alternatively, and in the discretion of the Commissioner of Public Works and the Town Planning Board, the Planning Board may accept a letter of credit, satisfactory to the Planning Board, the Town Supervisor, and the Town Attorney, to secure the completion of the project.
C.
The owner shall comply with the terms and provisions of the rules and regulations contained in this article and the requirements of the cash escrow contract, the performance bond, or the letter of credit, as required by the Commissioner of Public Works, and the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No certificate of occupancy or permit for use of utilities will be issued under any circumstances until all the street requirements are completed and the street has been accepted for dedication by the Town Board of the Town of East Greenbush.