Town of Poughkeepsie, NY Streets

Prior to the start of construction of any approved highway, the developer shall deposit with the Town Clerk a performance bond by a bonding company licensed to do business in New York or acceptable surety or shall deposit with the chief fiscal officer of the Town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank payable at sight to the Town Board, guaranteeing that:

Within two years, the developer will complete the construction of all required improvements within the right-of-way in accordance with the approved plans and these specifications.

Upon certification by the developer's professional engineer and by the Town Superintendent of Highways that the construction of the highway has been completed in accordance with the approved plans and specifications, the developer will dedicate the highway free and clear of all liens and encumbrances. This guaranty of dedication shall apply to the owner of the property as well as the developer where the two are not synonymous.

The developer shall maintain to the satisfaction of the Town Superintendent of Highways such improvements for a period of one year from the official date of acceptance of such construction.

As guaranty for the performance of the above requirements, the developer shall deposit, as heretofore set forth, a surety bond, negotiable government bonds, cash or a certified check in the amount of 100% of the total construction cost. This amount shall be determined by the Town Superintendent of Highways. Upon certification by the Town Superintendent of Highways that the construction of the right-of-way has been completed by the developer in accordance with the plan and the Town specifications and after the Town Board has been satisfied that the stipulated guaranties have been complied with, the Town Board may release the bond, surety, cash or certified check to the developer or his or her assigns, except that the Town Board shall require a maintenance bond in the amount of 10% of the original road bond for a period of one year from the date of such official completion as guaranty that the developer shall maintain such completed right-of-way as set forth herein. At the expiration of the one-year maintenance period, the Town Board shall release such maintenance guaranty to the developer or his or her assigns, provided that prior to such final release of guaranty, the Town Board may deduct from such deposit all just charges for any maintenance, exclusive of charges for plowing of snow which the Town may have incurred for work on such right-of-way during the one-year period. The Town Superintendent of Highways will request a hold-harmless agreement for any damage done during winter maintenance operations such as sanding, salting or plowing.

Insurance. The developer shall procure and maintain at his or her own expense and without expense to the Town, until final acceptance by the Town of the work covered by approved plan and specifications, insurance for damages imposed by law, of the kinds and in amounts hereafter provided, in insurance companies authorized to do such business in the state covering all operations under the approved plan and specifications, whether performed by him or her or subcontractors. Before commencing the work, the developer shall furnish to the Town a certificate or certificates of insurance in form satisfactory to the Town showing that he or she has complied with this subsection, which certificate or certificates shall provide that the policies shall not be changed or canceled until 30 days' written notice has been given to the Town. The kind and amount of insurance is as follows:

Liability and property damage insurance. Unless otherwise specifically required by special specifications, each policy shall have a combined single limit of $3,000,000.

Inspection. The developer shall afford the Town Superintendent of Highways the opportunity to inspect the work in order that he or she, the Superintendent, may assure himself or herself that these minimum specifications are being complied with. Such inspections shall occur at the following listed places in order of construction, and the developer shall give the Superintendent at least two days' notice, in writing, of such expected completions and shall not proceed to the next order of work until the Superintendent or his or her agent has approved the work inspected:

Upon completion of the subgrade.

Upon completion of the foundation course, at which time the developer shall furnish the Superintendent with men and equipment to dig or have dug test holes to establish and confirm the depth and quality of the foundation course.

The Superintendent or his or her representatives shall be given access to the work at all times in order that he or she may inspect the work as it progresses.

Maintenance during development construction prior to final acceptance. It is expected and it is understood that as part of conditions of approval of the subdivision, the developer shall agree to maintain the roads giving access to the houses in such condition that the residents shall have safe, convenient access. The minimum conditions for such access are listed below:

Paved surface.

The edges of the road (i.e., the gutter line) shall be kept free and clear of debris, stone, gravel or any material which prevents the free flow of water. Driveways shall be so constructed that the flow line remains clear.

The surface pavement shall be maintained on a continuing basis. Soft spots or other structural defects shall be repaired immediately by excavation and replacement with approved material. "Immediate" shall be considered to be 24 hours from the time of oral or written notification by the Superintendent to the developer, unless arrangements are made, satisfactory to the Superintendent, to protect the traveling public by lights and barricades until such time as repairs can be made. Potholes and edge raveling shall be remedied on a continuing basis or as ordered by the Superintendent. Repairs shall be made with asphalt concrete (hot mix when available).

Permits. No certificate of occupancy shall be issued unless the three-inch asphalt concrete base course has been completed back to the nearest paved road.

(d)

All lots must have preliminary plot plans furnished to the Building Inspector, indicating house location and drainage flow patterns with elevations relative to road surface before building permit can be issued.

The storm sewer system shall be kept clean and operational.

Before a certificate of occupancy is issued, a final plot plan must be furnished to the Building Inspector for his or her review. A certified plat plan may be required and must include the stamp and signature of a licensed professional engineer or land surveyor where deemed necessary by the Building Inspector.

Dedication. Conditions to be satisfied before the Town Board considers the acceptance of a new highway:

A set of as-built plans of the highway, showing right-of-way lines, drainage and water and sewer easements where installed by the developer, and a road center-line profile must be submitted to the Town Engineer and Highway Superintendent. These plans must bear the stamps of a licensed professional engineer.

Metes and bounds description of all rights-of-way and easements prepared by a licensed land surveyor must be submitted to the Town Clerk.

The plans and descriptions must be reviewed by the Town Engineer and Highway Superintendent, who shall indicate their approval either by letter to the Town Board or by the stamping of said plans and descriptions. This shall be done within five working days.

The submitted deeds must be checked by the Town Attorney as to form and sufficiency. A title insurance policy may be substituted in lieu of a title search if approved by the Town Attorney.

The work completed on the highways at the date of submittal must be approved by the Town Highway Superintendent, and the Town Board shall be notified of this approval.

(6)

Approved permanent concrete or granite monuments shall be set according to the Town highway specifications or as directed by the Town Engineer, and their locations shall be shown on the road plan. A copper rod embedded in concrete shall also be acceptable as a permanent monument. These monuments must be physically shown to the Highway Superintendent and/or Engineer if requested within two weeks after their installation.

§ 177-33 (Reserved)

§ 177-34 Construction specifications.

Right-of-way layout. The developer shall establish and clearly mark on site the limits of highway right-of-way and easements, the center line and grades of the road pavement and the location and elevation of drainage and drainage structures if and when required by the Town Engineer or Highway Superintendent.

Clearing and grubbing.

The developer shall clear the entire area within the limits of:

The highway right-of-way, unless certain trees or other features have been identified on the approved plans, or the negative declaration, or findings statement as features to be preserved.

Stream channels and ditches.

Easement areas.

All roots and stumps shall be grubbed, excavated and removed from the above areas.

Excavation, filling and rough grading.

The developer shall complete the shaping of the highway right-of-way, streams and ditches and easement areas to the line and grade as shown on the approved plan and as otherwise may be directed by the Town Superintendent of Highways. All unsuitable or unstable materials shall be completely excavated and removed from the right-of-way.

Where fills are necessary to complete the required line and grade, the materials incorporated in the work shall be acceptable to the Town Superintendent of Highways and shall be placed in layers not exceeding twelve-inch depth, each layer to be thoroughly compacted by rolling. All compaction shall continue until the fills are firm and unyielding. Special care shall be exercised in placing and compacting material immediately adjacent to pipes in order to avoid damage to the pipe and to prevent pipe misalignment.

The area between the road shoulder edge or curbing and the right-of-way line must be graded and seeded in order to prevent erosion.

The rough grade of the road pavement and curb areas shall be completed within one inch above or below finished subgrade as shown on the approved cross-section of the right-of-way improvement.

Earth shoulders and flow line of ditches and gutters shall be maintained in satisfactory condition at the developer's expense at all times during the course of construction of the subdivision and until such time as the Town Board has accepted dedication of the right-of-way.

Trench excavation, laying and backfilling.

The width of the trench in which the pipe is placed shall be sufficient to permit thorough tamping of the backfill under the haunches and around the pipe. Where rock in either boulder or ledge formation is encountered, it shall be removed below grade and replaced with suitable materials in such a manner as to provide an earth cushion having a thickness under the pipe of not less than eight inches; and where there are excessively heavy fills over the top of the pipe, the Town Superintendent of Highways may specify that a sand cushion up to 1/2 inch in thickness per foot of fill be placed over the top of the pipe. In no case shall the tip of any drainage pipe be less than 18 inches below the finished grade of the pavement unless written permission is received from the Superintendent of Highways. Where soft, spongy or other unstable soil is encountered at the grade established, all such unstable soil under the pipe and for a width of one diameter on each side of the pipe shall be removed and replaced with run-of-bank gravel or other acceptable material. In all cases, the bed shall be thoroughly compacted and shall provide a firm foundation for the pipe.

Pipe line shall be laid to a true line and grade. Pipe laying shall begin at the downstream end and progress upstream, unless particular conditions require otherwise.

Any additional drainage facilities not shown on the approved plan may be ordered by the Town Superintendent of Highways or Town Engineer, in any case where the lack of such additional drainage would adversely affect the pavement of right-of-way. These additional facilities shall be constructed by the developer at the developer's expense and in accordance with these specifications.

Restoration of disturbed areas. All disturbed easements shall be restored to their original condition. All debris shall be removed, including dead trees.

Areas shown on the approved plans, or identified in the negative declaration or findings statement as "nondisturbance area," or "area to be remain undisturbed," or identified by similar language, shall be staked out prior to the commencement of any construction and left in an undisturbed state during and after construction.

Grades and vertical curves. All roads shall be designed so that finished tangent grades are between 1% and 10%. Every change in grade shall be accomplished with a proper fitting vertical curve.

§ 177-35 Drainage requirements.

Drainage assessment. Each lot in each approved subdivision will be assessed an amount as set forth in Chapter 105, Fees, as its representative share of the cost of the off-site drainage work, whether or not this work is immediately required and whether or not this particular subdivision will receive any future benefit from this assessment.

Drainage report.

A hydraulic design report prepared by a professional engineer shall be submitted to the Town Engineer and Highway Superintendent together with the drainage plan. This report shall contain the basic design data required to compute the size and type of all drainage structures and shall include such information as volume of runoff before and after development, capacity of receiving pipes or streams, storm frequency and severity, percolation data, velocities, etc. It will be the responsibility of the developer's engineer to produce a drainage plan that will so contain or control the additional runoff that is generated by this development that no property damage shall result off-site because of it. The design engineer under his or her professional liability insurance will be liable for all legitimate claims of damage that may result due to a change in natural drainage patterns that was caused by this development.

If, in the opinion of the Town officials, the drainage plan as submitted is inadequate for the above purposes, approval will be denied.

There should be enough information shown on plans and profiles to properly construct all the required drainage facilities. Type and size of culvert, end treatments of inlet and outlet, the gauge of metal pipe or class of concrete pipe, invert elevation of inlet and outlet, ditch and channel section, gutters, channel protection and alignment of ditches are some of the information required on plan and profiles.

The Planning Board shall specifically review and make a finding as to the drainage impacts on adjacent properties as well as upon surface water tables and levels in evaluating any proposed project, and shall be authorized to deny said approval if the facts demonstrate that a proposed project will produce negative drainage effect on adjoining properties and said impacts cannot be mitigated either by actions or contribution to the downstream drainage fund.

[Added 7-9-2008 by L.L. No. 14-2008]

Drainage easements. The developer shall dedicate to the Town by recordable instrument all easements as shown on the plot. All drainage easements must have a minimum width of 20 feet and shall include the right to enter upon said property for the purposes of installing, maintaining and repairing the ditches and pipes as placed in such easement.

Pipe.

Storm drain and culvert pipe may be aluminum corrugated, coated corrugated metal, reinforced concrete or asbestos cement type with a minimum diameter of 12 inches.

Round corrugated steel pipe and pipe arches, fully bituminous-coated, and end sections shall conform to Section 707-02 of the current Standard Specifications of the State of New York Department of Transportation, with the following exceptions:

All collars or connecting bands shall be 12 inches wide and shall be furnished with bolts six inches long.

Round corrugated aluminum pipe, pipe arches and end sections shall conform to Section 707-13 of the current Standard Specifications of the State of New York Department of Transportation.

Reinforced concrete pipe and asbestos cement pipe shall conform to Sections 706-02 and 706-10, respectively, of the current Standard Specifications of the State of New York Department of Transportation.

(d)

All reinforced concrete pipes shall be manufactured with slip joints or bell and spigot joints.

(e)

Corrugated metal pipe and pipe arch connections for making field joints shall consist of corrugated bands, so constructed as to lap on equal portions of each culvert section to be connected.

(f)

Asbestos cement pipe joint assemblies with proper accessories shall be constructed in accordance with manufacturer's standards and instructions. When plastic couplings are used, the asbestos cement pipes shall be pulled together until the machined shoulder of each pipe contacts the plastic coupling. The couplings and joint shoulder configuration shall be such that the maximum space between the ends of the pipe inside the couplings shall not be greater than 1/2 inch.

(g)

Height of the fill and pipe classes shall be designed to meet the minimum requirements of H-20 Highway Loading.

Treatment of culvert ends.

Whenever a drain pipe begins or ends in an open ditch, pond or stream, inlet and outlet end shall be designed to protect embankments and channels and to preserve the hydraulic efficiency of the pipe.

The following end treatments shall be used for drainage pipes:

Prefabricated end sections.

Headwall and wingwalls, with or without concrete apron.

Beveled pipe ends.

Prefabricated end sections shall be of similar material and construction to the pipe. End sections shall be connected to the pipe in the same manner as pipe sections are connected.

Underdrains.

Underdrains, if required, may be a perforated metal or porous pipe type and placed in trenches and surrounded by material which is both pervious to water and capable of protecting the pipe infiltration by the surrounding soil.

Underdrains must be sloped positively to an outlet such as a drainage channel or a closed drainage system.

The underdrains should be placed at the interface of the pavement and shoulder or curb and should intercept the water from the highest water-bearing layer of the pavement section.

Catch basins and curb inlets. Specification and drawings on Figure 5, in the Appendix, show the minimum acceptable construction for typical catch basins and curb inlets.[1] Whenever, in the opinion of the Town Superintendent, ground conditions or other circumstances require, larger or heavier materials, additional materials, reinforcing or other modifications and improvements in design and construction shall be made as directed by the Town Superintendent at any time prior to paving.

Location. Catch basins shall be constructed at all points of change of slope or alignment and at all junction points. Catch basins shall be located in the lows of sag vertical curves as necessary to prevent excess ponding. At no time shall catch basins be spaced further apart than 300 feet on slopes up to 6% and 250 feet on slopes over 6% in steepness.

Excavation and construction.

Holes for catch basins shall be excavated to a depth of 26 inches below the designated elevation of the invert of the effluent pipe. Crushed stone or run-of-bank gravel to a uniform depth of six inches shall be leveled and compacted over the entire area under the base. On this stone or gravel base, an eight-inch-thick slab of 1-2-4 mix portland cement concrete shall be placed. The slab shall extend four inches beyond the outside of the walls of the catch basin on every side and shall be smooth and level.

To a maximum depth of 10 feet below the finished surface, the catch basin walls shall be constructed of solid concrete catch basin corner and stretcher blocks eight inches thick or cast-in-place concrete.

Below 10 feet from the finished surface, the catch basin walls shall be 13 inches thick and shall be constructed of concrete block or cast-in-place concrete.

(d)

All blocks forming the catch basin walls shall be laid up with mortar composed of portland cement and mortar sand in the proportion 1:2.

(e)

Inside dimensions of the catch basin shall remain constant from top to bottom and shall match the frame opening or the curb inlet to be used.

(f)

All construction and materials shall comply with Section 604 of the current Standard Specifications of the State of the New York Department of Transportation.

Installation of pipes. Concrete blocks around all pipes entering or leaving the catch basin shall be cut to fit the contours of the pipes as closely as possible. Remaining interstices shall be solidly filled with mortar for the full thickness of the wall. Ends of all pipes shall be cut off flush with the inside surfaces of the catch basin walls and shall project outside a sufficient distance to allow for proper connection with the adjoining pipe section.

Curb inlets.

Wherever required, catch basins shall be capped with curb inlets having a minimum frame opening of 36 inches by 48 inches of a type as designated by the Town Superintendent of Highways.

Curb-type inlets shall be installed so that the top of the grating shall be flush with the finished grade and the pavement shall be sloped toward the inlet.

Steps for catch basins. Catch basins having a depth greater than 48 inches from the finished surface to the top of the concrete base shall be provided with steps. Steps shall be of wrought iron having a minimum diameter of one inch which shall be hot-bent to shape and hot-dipped galvanized after bending. They shall be solidly set in the masonry at the time of construction and shall extend all the way through the wall. The steps shall extend 4 1/2 inches inside the wall of the catch basin. The top step shall be not more than 18 inches below the finished surface, and then to the base steps shall be no more than 18 inches apart.

[1]

Editor's Note: Figure 5 is on file in the office of the Town Clerk.

§ 177-36 Bases and subbases.

Subgrade.

After completion of the rough grade and prior to the laying of the foundation course, the subgrade shall be shaped to line and grade and thoroughly compacted with an approved self-propelled roller weighing not less than 10 tons. All hollows and depressions which develop under rolling shall be filled with acceptable granular material and again rolled; this process to continue until no depressions develop. The subgrade shall not be muddy or otherwise unsatisfactory when the foundation course is laid upon it.

Any soft or unstable portion of the subgrade which develops under the roller shall be completely excavated and removed from the right-of-way and shall be replaced with acceptable granular material and the area shall be regraded and compacted as above.

Fine grading. Fine grade shall conform to the prescribed width of pavement and shall extend equidistant from the center line of the road right-of-way and shall conform to the typical cross-sections of the road pavement and to the approved line and grade.

Foundation course, granular material.

After the fine grading has been completed to the satisfaction of the Town Superintendent of Highways, the developer shall furnish and place a foundation course of approved run-of-bank gravel or crusher run gravel, to the depths as called for in these specifications. All materials acceptable for these courses shall be hard, durable and sound and shall be well-graded from coarse to fine. One hundred percent by weight of the particles shall be of such size as will pass through a four-inch square hole; not more than 30% shall pass 1/4 inch; not more than 70% by weight shall pass the Number 40 mesh sieve; and not more than 10% by weight shall pass the Number 200 mesh sieve.

The materials shall be placed on the finished subgrade in six-inch layers and shall be thoroughly compacted by rolling with a self-propelled ten-ton roller. Water shall be added to the materials in such amounts as the Town Superintendent of Highways may consider necessary for proper compaction. After compaction, the course shall be true to grade and cross sections, and any depressions shall be eliminated by the use of additional granular materials, thoroughly rolled in place. In all cases, the foundation course must be so thoroughly compacted that it will not weave under the roller and the total depth after compaction shall not be less than 12 inches.

§ 177-37 Bituminous pavements.

Asphalt concrete (plant mix).

The contractor shall construct a two-course bituminous concrete pavement laid to conform to the required grade, thickness and cross-section shown on the plans and specifications (three-inch base course, two-inch top course).

Materials and method of construction shall conform to Section 401 of the current Standard Specifications of the New York State Department of Transportation.

An asphaltic concrete binder course shall be uniformly spread by a self-propelled mechanical spreader with tamping bars and heating unit in sufficient depth so as to provide a finished compacted thickness of three inches after rolling thoroughly with a ten-ton roller.

After the binder course has been completed and thoroughly cleaned of foreign material, a tack coat of asphalt emulsion shall be applied to the surface at the rate of 0.1 to 0.2 gallon per square yard in the event that the binder course has been subject to traffic for an extended period of time. A final wearing course of fine asphaltic concrete shall be uniformly spread by a self-propelled mechanical spreader equipped with tamping bars and heating unit and in sufficient depth so as to provide the required finished compacted thickness after rolling thoroughly with a two- or three-wheel tandem roller weighing approximately 10 tons.

Extreme care shall be exercised in the placing of bituminous concrete to ensure that all longitudinal joints shall be lapped in the placing of adjoining strips and that all lateral joints are trimmed before continuing with the placing of additional materials on that strip.

Bituminous surface treatment (double course).

The contractor shall construct bituminous surface treatment (double course) as specified in approved plans and meeting the requirements of Section 410-3.02 of the current Standard Specifications of the New York State Department of Transportation.

When ordered by the Town Superintendent of Highways, liquid herbicide shall be added to the bituminous surface treatment with the intent of discouraging weed growth on shoulders of Town highways. The herbicide shall be added in the primer oil only, and the concentration shall be determined by the Town Superintendent of Highways.

§ 177-38 Incidental construction.

Curbs.

Whenever required, portland cement concrete curbs shall be constructed on both sides of the street as shown on Figure 3.[1]

[1]

Editor's Note: Figure 3 is on file in the office of the Town Clerk.

Ramps for the handicapped, required by Highway Law § 330, shall be provided at each curbed intersection and midblock crosswalk where curbs are constructed.

Sidewalks.

Whenever required, the developer shall construct sidewalks on both sides of streets as shown on Figures 3 and 4, Appendix.[2] Sidewalks shall be constructed of asphalt concrete. Bituminous material shall meet the requirement of Type 1AC, 1ACF of Section 401 of the current Standard Specifications of the New York State Department of Transportation. Compacted thickness of asphalt concrete shall be a minimum of four inches.

[2]

Editor's Note: Figures 3 and 4 are on file in the office of the Town Clerk.

All sidewalks shall be constructed on a base of approved gravel or crushed stone of at least four inches' depth. Sidewalks shall be constructed with a transverse slope of 1/4 inch per foot toward the traveled way, except that the slope may be away from the traveled way if the runoff will not affect adjacent properties. The longitudinal slope of a sidewalk shall not exceed 10%.

Driveways.

The developer shall so design, lay out and construct all driveways both within and without the limits of the rights-of-way so that the latest models of modern cars may enter and leave the right-of-way without difficulty.

The developer shall obtain all necessary permits and construct all driveway entrances to the satisfaction of the governing agency. No driveway entrance shall be constructed below the level of the finished road without written consent of the Building Inspector.

Intersections.

A minimum of 275 feet of unobstructed stop-line sight distance shall be provided for both approaches along the highway.

Stop-line sight distance shall be measured from a point on the center line of the approaching lane of the minor road or driveway 12 feet behind the projected edge of roadway of the major road, to a point on the center line of the approaching lane of the major road. The height of eye and height of object shall both be assumed to be 44 inches above the road pavement. Each approach to the intersection shall be considered separately.

Road name signs. The developer shall furnish and install a four-way road name sign at every road intersection made by the roads he or she constructs. Signs and posts shall conform to the standards established by the Uniform Traffic Manual of New York State, and street names shall be as designated by the Town.

Guide railing. The type and need for guide rail installation shall be approved by the Town Superintendent of Highways. General guidelines for determining the need for guide rails are shown below:

Height or dropoff from break of road shoulder slope to the top of slope. Slopes less than one or two having a height dropoff more than 10 feet will be protected with a guide rail.

Guardrails shall be installed to protect drivers from fixed objects and roadside hazards as shown on the following list:

Guide rail installation shall be in accordance with Sections 710-20, Corrugated beam guide railing, and 710-22, Cable guide railing, of the current Standard Specifications of the New York State Department of Transportation.

Traffic signs. All signs, signals, markings and other control devices for maintenance and protection of traffic must conform to the requirements of the New York State Manual of Uniform Traffic Control Devices.

Turning circles.

Whenever a permanent dead end is allowed on a subdivision highway, a turnaround shall take the form of a circle as required by the Town Planning Board. A snow lane must be provided on all turning circles.

If curbs and/or sidewalks are planned, the radius of the right-of-way shall be increased to accommodate the additional width.

Berms.

In general, the construction of berms will be the primary responsibility of the developer as he or she has posted the road bond and is responsible for the overall operation of the drainage system. Berms will be placed where directed by the Highway Superintendent.

In the event that additional berming for individual building lots is required in the future, it shall be the responsibility of the home builder to provide it where directed by the Superintendent of Highways. The material used shall conform to Item SIM of the New York State Highway Specifications.

All berms, as well as seeded areas behind the berm, must be maintained by the property owner.

Finish grading and seeding. The surface from the edge of pavement to the property line shall be finish graded with a minimum of four inches of topsoil, and sown with hardy grass seed or planted with ivy, myrtle or other suitable ground cover in sufficient quantity to stabilize any slope present. This area must be maintained by the property owner.

Underground utilities. The Planning Board may require that electrical power lines, telephone poles and other utility lines and appurtenances be installed underground.

Unauthorized discharges of water.

No subdivision, nor any individual lot within a subdivision, shall connect any water drainage pipe into an existing Town catch basin or pipe without prior approval from the Highway Superintendent.