[HISTORY: Adopted by the Town Meeting of the Town of Wayne 6-30-1982. Amendments noted where applicable.]
A. 
The purposes of this chapter are:
(1) 
To provide an application procedure for Town acceptance of roads and to adopt minimum specifications to which such ways must conform prior to consideration for acceptance.
(2) 
To instruct the Wayne Planning Board to assure that these minimum specifications are met in any development plans which are brought before the Board.
B. 
Limitations. The Town can accept roads only by vote at a legal Town Meeting. Roads dedicated, laid out, partially constructed, or used for public or private use prior to passage of this chapter shall comply with the requirements of this chapter before formal acceptance by the Town. Nothing in this chapter shall be construed as a prior commitment by the Town to accept any new road, irrespective of its condition or of any work performed in anticipation of acceptance by the Town.
C. 
Severability. Should any section or provision of this chapter be found to be illegal by the courts, only that section will cease to be effective until an amendment is made and adopted. The illegality of any section will therefore have no bearing on the effectiveness of the rest of this chapter.
D. 
Conflict. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, safety or other ordinance of the Town of Wayne, the provision which establishes the higher standard for the future maintenance of Town roads and the promotion and protection of the health and safety of the people shall prevail.
E. 
Effective date. This chapter shall take effect upon passage by majority vote of the Town.
[Amended 6-10-2026]
A. 
An application for acceptance of a street or road shall be submitted, in writing, to the Planning Board with a copy to the municipal officers and a copy to the Road Commissioner. The application shall include the following information:
(1) 
The full name(s) of the owners(s) of the land containing the road to be accepted.
(2) 
The full name(s) of the developer, licensed professional surveyor, and/or licensed professional engineer.
(3) 
A statement of the starting and ending points of the road with relation to existing roads, buildings or landmarks.
(4) 
A statement of any legal encumbrances on the property.
(5) 
The name of the proposed road.
(6) 
The proposed completion date of construction of the road if not complete at time of application.
B. 
The application shall also be accompanied by three copies of the original plan of the road, showing the following:
(1) 
Drawn to scale (50 feet to one inch).
(2) 
Magnetic North.
(3) 
Delineation of the starting and ending points of the road in relation to established roads, buildings and landmarks.
(4) 
Ownership and length of frontage of all abutting lots.
(5) 
The rights-of-way (RoW) lines relation to existing buildings and landmarks.
(6) 
Dimensions, both linear and angular, necessary for locating boundaries and necessary for locating subdivisions, lots, easements and building lots.
(7) 
All natural waterways and watercourses within or in land contiguous to the said road.
(8) 
References to suitable permanent markers or monuments placed in the field to fully identify the proposed road.
(9) 
Special construction features (guardrails, fences, curbing).
(10) 
A profile plan of the road drawn to a longitudinal scale of 50 feet to one inch and a vertical scale of five feet to one inch, showing:
(a) 
The profile of the center line of the road.
(b) 
The proposed and existing grades thereof.
(c) 
The proposed provisions for culverts and bridges.
C. 
The application shall also be accompanied by three sets of cross sections drawn to a scale of five feet to one inch. The cross sections shall be shown at a minimum of 100-foot intervals, or lesser intervals as conditions warrant.
[Amended 6-10-2026]
Any road being constructed for acceptance by the Town of Wayne or as part of a subdivision must meet and be constructed in accordance with Specifications for Town Road Construction in effect at the time the application is submitted. Current Specifications for Town Road Construction shall be available at the Town office from the Road Commissioner. Prior to acceptance, driveway culverts shall be installed in accordance with specifications of this chapter and with Chapter 11, Culvert Installation and Maintenance at Planned Road Entrances, by the owner or developer.
[Amended 6-10-2026]
A. 
Prior to the acceptance of the road by the Town, the Planning Board shall certify, in writing, to the municipal officers, with a copy to the Road Commissioner, that the requirements of this chapter have been met.
B. 
The Road Commissioner has the duty to make sufficient inspections of a road under construction or, if already constructed, to have knowledge of compliance or noncompliance with this chapter and to report the same to the Planning Board.
C. 
Following careful consideration of the application, plans and on-site investigation, the Planning Board is authorized to give clearance for the construction or reconstruction of a road within the limitations of this chapter, but without prejudice of rights as to final recommendation for acceptance, or as to acceptance, by the Town. If said road has already been constructed, the Planning Board may, after its investigations, recommend to the municipal officers that they include acceptance of the road on the next Town Meeting warrant.
D. 
Following completion of the road and a positive recommendation by the Planning Board, a road may be accepted or rejected as a Town way by a majority vote at Annual Town Meeting.
[Amended 6-10-2026]
A. 
Variances. A variation in the strict application of the standards outlined in this chapter may be granted by the Planning Board if it determines that topography, soil conditions, traffic volumes and/or special project design features warrant such variation, provided that public convenience, safety, health and welfare will not be affected adversely and the general intent of the standards are not violated.
B. 
Appeals. The Planning Board's denial of an application or granting of a variance may be appealed to the Board of Appeals. The procedure for initiating an appeal and the standard of review for appeals of Planning Board action to the Board of Appeals set forth in Chapter 60, Zoning, shall apply to appeals under this chapter. Following the filing of an appeal, the Board of Appeals shall hold a public hearing on the appeal within 30 days. The Planning Board, Road Commissioner and municipal officers shall be notified at least 20 days in advance of the time and place of the hearing. The Appeals Board shall publish notice of the hearing at least 10 days in advance in a newspaper of general circulation in the area.