Any road, street or highway constructed by any person, firm or corporation
for acceptance by the Town Board of the Town of Philipstown as a public town
road, street or highway shall conform to no less than the standards and specifications
of this Article. The construction shall be at the cost and expense of such
person, firm or corporation.
The Town Board may from time to time establish procedures for construction
of roads, streets or highways under this Article, including but not limited
to:
A. Presentation of plans and specifications for approval.
B. Provision for supervision and inspection.
C. Notification to the town of the intent to commence or
upon the completion of stages of construction.
[Added 7-7-78 by L.L. No. 1-1978]
In accordance with the following procedures and criteria, the Town Board
may by resolution approve alternate standards for construction of a particular
road, street or highway in a subdivision plat, approval of which is pending
before the Planning Board of the Town of Philipstown:
A. Application. Application for alternate standards shall
be made to the Town Board in writing by the person, firm or corporation proposing
to construct the road, street or highway. The application shall be accompanied
by construction plans and specifications prepared by a professional engineer
licensed to practice in the State of New York and showing no less than the
information required for construction plans under the Land Subdivision Regulations
of the Town of Philipstown, together with a completed environmental assessment form prepared
in accordance with Article 8 of the Environmental Conservation Law. A fee shall accompany the application, in an amount determined
by resolution of the Town Board, to defray expenses in the handling thereof,
and such fee may be amended from time to time by resolution of the Town Board.
B. Referral and hearing. Prior to acting on the application,
the Town Board may refer the same to a professional engineer or other specialist
or technical advisor for review and a report with regard thereto. In such
case, the Town Board shall procure an estimated cost of the services involved
and require the applicant to provide a deposit with the town to cover said
cost. Further proceedings shall be contingent upon the provision of
such deposit and the requested report. The application, the completed environmental
assessment form and any requested report shall be referred to the Planning
Board for its study and advice. After receipt of the advice from the Planning
Board, the Town Board shall hold a public hearing, advertised in the official
town newspaper at least five days prior to the same, before taking further
action on the application.
C. Criteria. Alternate standards may be approved by the
Town Board only when the Board determines that the following criteria have
been met:
(1) The road, street or highway constructed to alternate
standards will provide convenient traffic circulation, reasonable safety for
vehicular traffic, adequate access for fire protection and other emergency
services and a reasonable maintenance responsibility, all substantially in
accord with the purpose and intent of this Article.
(2) The alternate standards will:
(a) Enable construction of a project of unusual design or
merit;
(b) Avoid substantial damage to the environment;
(c) Enable access to a public facility;
(d) Achieve an overriding public purpose or benefit; or
(e) Be more appropriate to handle a large volume of vehicular
traffic or other unusual traffic condition.
D. Acceptance. Approval by the Town Board of alternate standards
for any road, street or highway shall not constitute the acceptance of the
same as a town road, street or highway, nor shall it in any way commit or
obligate the town to accept the same as a town road, street or highway.
E. Conditions and basic provision. Alternate standards may
be approved subject to conditions and safeguards determined necessary by the
Town Board. Any alternate standards approved shall contemplate preservation
of the basic intent and purpose of this Article.
F. Effect. Alternate standards approved as herein provided
shall be deemed authorized under this Article for the particular road, street
or highway, alone, which is the subject of the application.
Final decision as to the interpretation of any part of this Article
shall rest with the Town Board.