[Adopted 12-16-2009 by L.L. No. 4-2009; amended in its entirety 10-3-2023 by L.L. No. 4-2023]
The Town Board of Catskill, New York, does hereby adopt the following standards and procedures for the design and construction of all private streets approved pursuant to Chapter 140, Subdivision of Land, of the Town Code, and § 277 of the Town Law, to ensure that such streets be of sufficient width and suitable grade and suitably located to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection, and to provide access of fire-fighting equipment to buildings.
A. 
All private streets approved in accordance with § 140-18K of the Town Code shall additionally comply with the requirements of § 138-7 herein and Chapter 138, Appendix A, Minimum Road Specifications, with the exception of the minimum pavement specifications for dedicated streets set forth in § 138-7 and the Road Section Detail, Pavement Specification-Dedicated Streets, included in Chapter 138, Appendix A, Minimum Road Specifications.
B. 
In addition to the requirements of § 138-18A, all private streets shall comply with the minimum pavement specifications set forth in the Road Section Detail, Pavement Specification-Private Streets, included in Chapter 138, Appendix A, Minimum Road Specifications.
C. 
For purposes of this article, except as noted herein, all references in § 138-7 and Chapter 138, Appendix A, to the requirement for a recommendation or approval by the Superintendent of Highways shall instead require the recommendation or approval of the Town Engineer for private streets.
D. 
All streets intended as private streets shall contain an express note on the approved subdivision plat to the effect that no offer of dedication to the Town is made.
E. 
All private streets connecting with any public streets shall have a culvert pipe of at least 12 inches installed at a point where the private street meets the public street, said culvert to be installed under the supervision of the Superintendent of Highways, who has the discretion to require a larger-sized culvert when necessary. This provision is to become effective for all private driveways and streets built after the date of adoption of this provision.
F. 
Private streets may have a maximum grade of up to 10%, which may be increased in cases of unusual terrain or other features where the Planning Board, upon the recommendations of the Town Engineer, has granted a waiver in accordance with the provisions of § 140-20 of the Town Code.
G. 
Any road, street, or recorded or prescriptive right-of-way on or over private land which predates December 16, 2009, and which provides access to an existing residence or building or an approved subdivision shall not be required to comply with this section, except that any such road, street, or recorded or prescriptive right-of-way must be improved so as to allow emergency vehicle access before the issuance of a certificate of occupancy for any new construction requiring the use of said access. Up to three additional lots or residential units which otherwise comply with all sections of the Catskill Town Code may be created to front on such preexisting private road, street, or recorded or prescriptive right-of-way. The approval of four or more additional lots or residential units shall require compliance with Chapter 138, Appendix A,[1] standards.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
The Town of Catskill or Town Superintendent of Highways shall have no responsibility to improve, maintain or repair any private street, bridge, crosswalk or culvert. Moreover, no civil action shall be maintained against the Town, its officers or employees for damages or injuries to person or property sustained by reason of any private street or sidewalk being defective, out of repair, unsafe, dangerous or obstructed.