A.
Interpretation of standards.
(1)
The following specifications set forth the minimum requirements for the construction of roads hereafter to be built in connection with the development or subdivision of land pursuant to the Land Subdivision Regulations of the Planning Board.
(2)
All materials and/or methods of construction not described in these construction standards and specifications shall meet the current Standard Specifications of the New York State Department of Transportation, Design and Construction Division. References to "Standard Specifications" shall mean this state standard.
(3)
Reference should be made to the construction standards detail sheet at the end of this Article for roadway details and terms used.
(4)
A developer or owner may construct a road of greater stability, increased dimensional requirements or superior materials, than the minimum herein specified, provided that the approving agent signifies, in writing, his approval of the use and methods of use of such type of construction.
B.
Modification of standards.
(1)
A developer or owner(s) may apply to the Planning Board for permission to construct or improve a road to standards other than those contained herein, provided that such modifications will not be detrimental, in the specific case, to the public health, safety and general welfare. Such application shall be in writing and shall give the reason for each modification requested and the details of the specific standard proposed to be used. Such request shall be filed with the Planning Board prior to the date of the public hearing on the proposed subdivision plot.
(2)
As a general rule, the Planning Board will consider such modifications only in smaller subdivisions where:
(a)
The applicant(s) elects not to make an offer of dedication to the public of the road shown on the plot with a bona fide intention that the road shall forever remain a private road.
(b)
The road will service an area where no more than five homes could be built under existing zoning and subdivision requirements.
(c)
No continuation of the proposed road will be necessary, in the opinion of the Planning Board, to serve adjoining land, and the road is not indicated on the Official Map or the Town Development Plan as a part of the comprehensive through-road network of the Town.
(d)
A reduction in one or more standards is essential to minimize or avoid potentially significant impacts to specific environmental features that exist on the site and which could only be protected by means of such a modification of the standard(s).
(3)
If the Planning Board shall find that such modified standards are warranted in the particular instance and are adequate to protect the interests of the health, safety or general welfare of the public, the Board may grant the request or so much as it deems appropriate. The Board may attach such conditions and safeguards to such action as it shall deem necessary to assure that the general intent of these regulations and the Town Law is not nullified.
(4)
If a road built under such modified standards is later offered to the Town for acceptance as a public road, the Planning Board will recommend to the Town Board that such road not be accepted unless and until the owner(s) of the road shall have improved the road to the Town standards then in effect
C.
Approval of construction required. All work performed under these specifications shall be performed with the full knowledge of and to the complete satisfaction of the approving agent, and, upon completion, the approving agent shall certify to the Planning Board that he or she has examined the work and that it has been performed and completed to his or her satisfaction in accordance with the terms of these specifications and of the Planning Board's resolution of conditional approval. If the owner or developer fails to construct a road in accordance with these specifications and to the satisfaction of the approving agent, the Planning Board or the approving agent shall notify the owner or developer, who shall immediately make all adjustments or corrections necessary to comply with the specifications.
D.
Approving agent. The approving agent shall be the Engineering Inspector or such other agent as the Planning Board may designate for such purpose.
E.
Special conditions. Whenever a developer, during the course of development under the Land Subdivision Regulations of the Town of Pound Ridge and before acceptance of any construction, encounters conditions such as flood areas, underground water, springs, intermittent streams, humus beds, unsuitable slopes, soft and silty areas or other unusual circumstances not foreseen in the original planning, such conditions shall be reported immediately to the approving agent, together with the developer's recommendations, if he or she so wishes, as to the special treatment which he or she proposes to secure adequate and permanent construction. The approving agent shall, without unnecessary delay, investigate the condition or conditions and either approve the developer's recommendations to correct the same, order a modification thereof or issue his own recommendations for the correction of the condition or conditions. Unusual circumstances or detrimental conditions observed by the Planning Board or the approving agent shall be similarly treated.