[HISTORY: Adopted by the Town Board of the
Town of Glenville 10-4-1989 (Ch. 37 of the 1966 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, firm, company, corporation or group engaged
in developing land.
Include but shall not be limited to roads and highways, storm
sewers, water mains, laterals, sanitary sewers and laterals, sewage
plants and any other improvements which provide a service within the
Town of Glenville.
An extension or continuation, not to exceed 1/2 mile, of
a Town highway currently in use and less than three rods wide.
[Added 7-20-2011 by L.L. No. 2-2011]
Standards Specifications - Construction and Materials, New
York State Department of Transportation, January 3, 1976, as amended.
All property within the right-of-way lines in any roadway,
thoroughfare or highway.
The duly elected Superintendent of Highways of the Town of
Glenville or his authorized deputy, agent or senior engineering technician.
The Town of Glenville, County of Schenectady, State of New
York.
A.
No person, firm, association or corporation shall
install, construct or perform any work incident to the installation
and/or construction of any public improvement upon real property in
the Town of Glenville without first having obtained a permit therefor,
to be issued by the Town Clerk with the approval of the Planning Board
after certification by an engineer designated by the Town that the
plans and specifications as submitted by the applicant comply with
the specifications and requirements of the Town of Glenville. The
fee for such permit shall be as fixed by the Town Board.
B.
The application for such permit shall be made on the
forms furnished by the Town of Glenville and shall contain such information
as the designated engineer of the Town of Glenville shall require,
to determine that the proposed improvement will conform to the specifications
and requirements of the Town of Glenville for such proposed improvement.
(1)
All applications shall be accompanied by a map or
survey, together with profiles and specifications (six complete sets)
prepared by an engineer duly licensed by the State of New York, one
set of which shall be filed with the Town-designated engineer, the
Superintendent of Highways, the Zoning Board of the Town of Glenville,
the Assessor's office and the Town Clerk.
(2)
The Town-designated engineer shall provide such applicant
with a set of standard specifications and requirements of the Town
of Glenville for such work, for which a per-copy charge as set from
time to time by resolution of the Town Board shall be made,[1] and no work shall be performed except in accordance therewith.[2]
(3)
No work shall be performed except under the supervision
and inspection of an inspector designated by the Town Board. Street
or road construction will be inspected when the subgrade has been
completed, when the utilities have been installed, when the gravel
base has been completed and during the paving of the road surface.
Elevations will be strictly adhered to. Construction of public improvements
other than street or road construction will be inspected at such stages
of construction or installation as may be determined by the Town-designated
engineer. Inspectors' fees for the above shall be set by the Town
Board.
(4)
All applications for the dedication of a street to
the Town of Glenville shall be accompanied by a proposed deed thereof,
together with a proper title search covering a period of at least
40 years up to the time the application is made, and also a tax search,
a real property transfer gains tax affidavit and a certificate of
completion by the Town Superintendent of Highways and/or the Town-designated
engineer.
The purpose of this chapter is to regulate the
laying out and construction of streets in the Town of Glenville and
outline the necessary improvements required prior to dedication as
a Town highway.
After the effective date of this chapter, no
street will be accepted as a Town highway unless it shall conform
to the regulations hereinafter provided. No street shall be accepted
between November 1 and May 1 in any one year.
The arrangement of streets shall be such to
minimize hardship to adjoining properties, and no property shall be
rendered inaccessible from an existing public street or from a proposed
street in a subdivision for which a completion bond has been posted.
The arrangement of streets in the subdivision shall provide for the
entrance and continuation of principal streets from adjoining subdivisions
and for the extension of principal streets into adjoining land which
has not yet been subdivided. Such arrangement shall be required in
order to facilitate fire protection, movement of traffic and the construction
or extension, currently or as needed in the future, of necessary utilities
and public services such as sewers, water and drainage facilities.
Whenever an application for a permit to construct
a street or highway within the Town of Glenville shall include streets
or highways which, as proposed, shall intersect county streets or
highways or state highways, no such permit shall be issued by the
Town of Glenville for such construction until the approval, in writing,
shall have been obtained by the owner or developer from the Schenectady
County Superintendent of Highways or the New York State Department
of Public Works, respectively, which approval shall include drainage
facilities and permission to connect such proposed street with said
county or state streets, roads or highways.
Streets shall have a minimum width of 60 feet
with a paved width of 30 feet. This width shall be measured from lot
line to lot line. Said widths shall be measured at right angles to
the lot line on straight streets and on radial lines on curved streets.
Additional width may be required by the Planning Board on streets
expected to become main thoroughfares. However, when additional width
is desired, the pavement shall be proportionately wider.
Grades of all streets shall conform to the general
terrain and shall be no less than 1/2 of 1% nor more than 8%, except
that streets with grades up to 10% may be approved by the Planning
Board. A combination of steep grades and curved streets shall be avoided.
All changes in grade shall be connected by vertical curves of such
length and radius as will meet with the approval of the Superintendent
of Highways, but in no case shall the following minimum standards
be violated:
A.
No dead-end streets without proper turnarounds are
permitted.
B.
The cul-de-sac shall terminate in a circular turnaround
having a minimum radius of 60 feet for the outside property line.
The outside pavement radius shall be 50 feet, and the pavement width
shall be 24 feet, with the remainder being a grass median. A temporary
turnaround easement of equal size must be granted at the end of any
street being dedicated in sections. Such easement will be automatically
terminated when the street is extended.
There shall be no reserve control strip along
or at the end of proposed streets or temporary turnarounds affecting
access of adjoining property except where control of such strips is
definitely placed in the Town under the irrevocable offer to dedicate.
When interior streets of a subdivision are dedicated to the Town,
the stub streets which connect these interior roads to present or
future adjacent subdivisions must be dedicated simultaneously.
The property line at all street corners shall
be rounded or otherwise set back sufficiently to allow a radius or
tangent on the property line of 25 feet.
Each block shall normally be designed to provide
two rows of lots, but irregularly shaped blocks indented by cul-de-sac
streets and which contain interior parks will be accepted when properly
designed. Block length generally shall not exceed 1,000 feet in length
unless, due to unusual topographic conditions, the Planning Board
accepts a longer distance. In long blocks, the Planning Board may
require the reservation through the block of a twenty-five-foot wide
easement to accommodate utilities and/or pedestrians.
A.
Where a deflection angle of more than 10° occurs
in a street line, a curve of a radius acceptable to the Superintendent
of Highways is to be introduced into the roadway.
B.
The developer or owner laying out said street must
obtain all necessary easements or rights-of-way to take care of any
surface water caused by reason of the development of said street and
by reason of the installation of culverts or surface drains. Streets
to be taken over by the Town of Glenville shall be approved by the
Superintendent of Highways after such necessary easements or rights-of-way
have been obtained and approved by the Attorney for the Town of Glenville.
Such permanent drainage easement shall enter from the outlet of any
culvert or ditch to a natural watercourse and be not less than 25
feet in width.
C.
Additional improvements such as curbs, gutters and
sidewalks may be required by the Planning Board of the Town of Glenville.
Complete plans and specifications covering proposed improvement should
be submitted to the Town Highway Superintendent and Town Planning
Board for approval. No hedges, fences, walls or trees shall be installed
in the street without the approval of the Superintendent of Highways.
Construction of driveways or entranceways shall be approved by and
installed under the direction of the Superintendent of Highways in
order to conform to the established grade.
D.
The developer shall furnish two sets of street signs
and one twelve-foot mounting pole and necessary hardware for each
intersection. The signs shall conform to the standard street sign
in use in the Town and shall be installed by the Highway Department.
Sufficient monuments shall be placed to properly
reproduce each and every street laid out, and said monuments shall
be so placed that the tops thereof shall be flush with the finished
grade of the surrounding ground. Monuments set in concrete shall be
set at all street corners, at curve points and angles in the street
lines and at all angles in the boundary of land platted. The size
of the monuments shall be not less than four inches in diameter and
four feet in length. Granite monuments or a similar type may be used,
provided that they are the proper size. All such monuments shall be
marked with an "X" or center point indicating the exact point to be
designated by said monument. Existence of these monuments will be
checked and certified by a licensed land surveyor before dedication.
A.
Particular emphasis must be placed on adequate drainage.
Excessive accumulation of surface water along the sides of streets
shall be avoided. Storm drainage shall be provided so that in no case
will surface water be carried in highway ditches more than 500 feet.
B.
Storm sewer lines are to be located at the center
line of the ditch, as shown on the Highway Cross Section.[1] Layout is to be approved by the Town Planning Board and
Superintendent of Highways.
[1]
Editor's Note: The Highway Cross Section is included at the end of this chapter.
C.
Storm sewers shall be installed so that each building
lot and foundation drains for structures on said lot can be drained
to the storm sewers or to a natural creek or stream.
D.
Reinforced concrete pipe or corrugated iron or polyethylene
or PVC and aluminum pipe shall be used throughout for all culverts
or surface drains. Said pipe is to conform to the standard usage adopted
by the Town Superintendent of Highways and/or the Town-designated
engineer installed in accordance with Section 603 of the Standard
Specifications. Minimum size of storm sewers shall be 12 inches. Ditches
shall be surfaced with a suitable bituminous covering two inches or
more in thickness and 20 feet in length on incoming drainage to catch
basins and cross drains. A profile, in duplicate, approved by the
Town-designated engineer, shall be filed with the Town Board, showing
the grade and fall of surface water to be not less than one foot for
every 100 feet and also showing the final disposition of flow.
E.
All drainage structures and piping shall be installed
after the street has been graded to subgrade and before the placement
of the subbase.
F.
Catch basins shall be precast reinforced concrete
manhole units four feet in diameter with circular cross sections and
shall conform to the Highway Cross Section, Catch Basin Detail.[2] The minimum depth of catch basins from the top of the
casting shall be three feet eight inches. The casting shall be Campbell
Foundry Pattern 1396 or equal. Openings in catch basin castings shall
be rectangular in shape, with section modulus providing for heavy
traffic loading. Catch basins shall be located directly opposite the
subdivision property lines to avoid conflicts with driveways.
[2]
Editor's Note: The Catch Basin Detail is included at the end of this chapter.
G.
Foundation drains, sump pump lines, roof drains and
other surface drains must be connected to storm sewer pipes or discharge
into a natural creek or stream. The above drains may not be allowed
to discharge directly into a street ditch. Foundation drains may be
permitted to connect in series to a larger drain line which may connect
to a storm sewer. Each lot shall have a separate line, connection
to the larger drain line in series to be accomplished within the roadway
right-of-way. The eventual owner of the lot shall be responsible for
that drain on his property.
A.
All utilities must be installed after the street has
been graded to subgrade and before the subbase has been installed.
B.
Water mains are to be generally located 17 feet from
the property line of the street and laid at least five feet six inches
from the center line of water main to finished grade. House laterals
for each planned lot are to be installed to the property line at approximately
the center of the same. All water main materials to conform with Glenville
Water Department requirements.
C.
Sanitary sewer mains are to be generally located eight
feet from the property line of the street and on the opposite side
from the water main and maintain approximately an eight-foot invert
line. House laterals for each planned lot are to be installed to the
property line at approximately 10 feet downgrade from the center of
the same. Manholes shall be gasket-joint, precast-reinforced concrete,
four feet in diameter with a circular cross section and a 1/2 pipe
diameter formed through the invert. Sanitary sewer pipelines and manholes
shall be watertight. Frame and covers shall be Campbell Foundry Number
1009 or equal. Covers shall be lettered “sanitary” and
without vent holes.
D.
Gas mains are to be located seven feet from the property
line on the same side as the water with installed provisions to service
opposite properties and maintain at least three feet of cover below
the lowest street cross section elevation. Layout of mains and time
of installation are subject to approval by the Superintendent of Highways.
Sleeves will be required for all street crossings and they shall be
installed after the street has been graded to subgrade and before
the gravel base has been installed.
E.
Underground electrical, telephone and television cables
crossing the street shall be laid with a three-foot cover below the
lowest street cross section elevation. Sleeves will be required for
all street crossings, and they shall be installed after the street
has been graded to subgrade and before the gravel base has been installed.
Prior to acceptance by the Town, all streets
shall be constructed according to the typical section on file in the
office of the Town Superintendent of Highways.
A.
The subgrade shall be prepared in accordance with
Section 203 of the Standard Specifications. The width of the subgrade
shall be equal to the final pavement width, including gutters, of
30 feet. The elevation of the subgrade is determined by the approved
profiles for finished grades, minus all depths of pavement and subbase
per highway typical section, or as approved by Superintendent of Highways
and/or the Town-designated engineer.
C.
After all utilities have been installed and approved
and proper compaction has been obtained, underdrains shall be installed
when required by the Superintendent of Highways and/or the Town-designated
engineer.
D.
The subbase shall then be installed in accordance
with the following specifications:
(1)
A filter fabric, same or equal to AMOCO PROPEX 2002,
shall be placed upon the completed subgrade for a width of 30 feet.
(2)
Twelve inches of approved bank-run gravel compacted
for the full width of the subgrade shall be installed.
(3)
Notwithstanding the specifications contained herein,
if, in the opinion of the Town Superintendent of Highways and/or the
Town-designated engineer, the base of any street shall be such that
the above specifications with respect to thickness of roadway shall
be insufficient to provide a roadway capable of withstanding the ordinary
estimated traffic, then and in that event, the Town Superintendent
of Highways and/or the Town-designated engineer shall have the authority
to change these specifications in accordance with the requirements
of such base as in their judgment is necessary to withstand ordinary
usage.
E.
After the subbase has been installed and approved
by the Superintendent of Highways and/or the Town-designated engineer,
two inches of crusher-run material shall be placed and compacted and
followed by three inches of Type 3 binder-asphalt concrete installed
in accordance with Section 403 of the Standard Specifications. The
width of the pavement, with gutters, shall be 30 feet. The Planning
Board may require additional widths to meet special circumstances.
F.
The final wearing surface shall be 1 1/2 inches
of Type 6F top-asphalt concrete installed in accordance with Section
403 of the Standard Specifications. At the locations of all catch
basin inlets, an eighteen-inch-wide paved wing shall be installed
as indicated on the catch basin detail.
G.
If and when combination curb and gutters are required
by the Superintendent of Highways, the Town Planning Board and/or
the Town-designated engineer, they shall be installed as an integral
part of the subbase, binder and top course.
H.
Upon the recommendation of the Superintendent of Highways
and the confirmation of the Town Board, the asphalt concrete paving
may be done in two stages. This procedure would permit the delaying
of the final 1 1/2 inches of asphalt concrete wearing surface
paving and allow building construction to take place prior to the
completion of the road. This procedure would require the installation
of the three-inch Type 3 binder-asphalt concrete in accordance with
Section 403 of the Standard Specifications and the placement in escrow
of sufficient funds by the developer to cover the cost of the 1 1/2
inches of asphalt concrete final paving. The Town would accept the
road after the above two conditions and all other requirements of
this chapter are fulfilled. Generally, the final paving would be completed
within one year after acceptance of the road.
[Amended 6-16-1999]
A.
Permit required.
(1)
Before any individual, person or persons, corporation
or company shall make any excavation in or under any public right-of-way
or public place within the Town of Glenville or initiates the repair
or replacement of any right-of-way, an application shall be made to
the Town Superintendent of Highways, stating the exact location of
the proposed excavation.
(2)
Accompanying said application shall be an application
fee for a permit to perform excavations or disturbances within the
Town's right-of-way and any such other information that the Town may
require.
(3)
This chapter and the fees set forth herein shall also
apply to public utilities. In addition to the fee, a utility's application
shall be accompanied by such maps and plans as may be required by
the Town Superintendent of Highways.
(4)
No excavation, as aforementioned, shall be made until
a written permit has been issued by the Town Superintendent of Highways
and the fee paid to the Town Clerk.
(5)
Application for a permit shall be made in writing
and shall be made to the Town Superintendent of Highways in a form
required by the Town Board. After the permit has been issued and prior
to any excavation, it shall be the applicant's responsibility to inform
and receive approval from the Town Commissioner of Public Works or
designee.[1]
(6)
Permits issued under this section shall be for a period
not to exceed 10 days from the date of issuance of the permit, unless
further extension is endorsed thereon by the Town Superintendent of
Highways.
(7)
No permits for pavement cuts will be made after November
15.
(8)
New pavements which are cut by trenches or built upon
fill will not be accepted by the Town of Glenville until the calendar
year following the year in which such pavements have been built.
B.
C.
Excavation requirements.
(1)
All excavation in paved areas shall be kept to a minimum.
Only 1/2 of a paved roadway, right-of-way or public place shall be
cut open at any open time.
(2)
The applicant shall at all times take every precaution
to see that safeguards, barriers and lights are placed around said
excavation to give ample notice and warning. "Road Closed" signs and
"Detour" signs shall be posted, if applicable.
(3)
The surface of said right-of-way or public place shall
be restored to as good a condition as prior to said excavation and
to the approval of the Town Superintendent of Highways.
(4)
The washing of lines under any highway or street is
strictly prohibited.
(5)
All earth from the excavation, rubbish and unused
materials shall be immediately removed after the installation of the
pipe or utility. After laying the pipe or utility in said ditch or
excavation, the applicant shall immediately backfill with materials
as stipulated by the Town Superintendent of Highways. The backfill
is to be placed in layers of not more than six inches in thickness,
and each layer is to be compacted to 95% of its maximum proctor density
within five feet of the pavement edge. All other disturbed areas shall
be compacted to the same density as the adjoining existing ground.
After the backfill has been completed, it is to be kept flush with
the pavement or existing roadway or street until such time as the
permanent pavement of said right-of-way is replaced by the Town of
Glenville Highway Department. The Superintendent of Highways shall
replace the wearing surface of the right-of-way or public place, be
it a gravel surface, a penetration surface or an asphalt surface as
per the State Highway Law.
D.
Liability. The party to whom the permit is granted,
in consideration of the granting thereof, shall save the Town of Glenville,
the Town Superintendent of Highways and any and all Town officials
and employees harmless of and from any and all claims, actions and
judgments of any kind whatsoever that may arise from any cause whatsoever
due to the execution of the work allowed under the permit, either
during its progress or subsequent thereto, for any damages suffered
by any claimant either to person or property by reason of such excavation
and work.
E.
Examination and restoration by Town.
(1)
Reimbursement for cost of restoration by Town of roadway
after work is completed. As provided herein, the applicant, at the
time of the application, must pay to the Town Clerk the application
fee for the type of permit for which it is applying. This application
fee shall cover all of the expenses to the Town of Glenville for the
examination of the area to be excavated, inspection by the Town Superintendent
of Highways and for repavement by the Town of the wearing surface
of the right-of-way or public place where the work was performed.
(2)
Failure to complete work or to properly perform in
accordance with permit. In the event that the applicant shall fail
to complete the work started or in the event that the applicant should
fail to restore the surface of said right-of-way or public place to
as near the condition as it was prior to said excavation (wearing
surface excluded), the Town Superintendent of Highways shall immediately
fill in said excavation and shall do whatever is necessary, in his
or her opinion, to properly restore the surface of said right-of-way
or public place to as near a condition as it was prior to said excavation;
and, after the same has been completed, the Town Superintendent of
Highways shall determine the cost of said restoration to the Town
and, should the cost to the Town be more than the application fee,
the applicant shall be liable for the difference.
F.
Catch basins and storm sewer lines. The walls of catch
basins and storm sewer lines shall not be cut without a permit therefor
being obtained from the Superintendent of Highways. The application
for said permit shall be on a form similar to that used for a highway
cut and shall be accompanied by an additional fee as set from time
to time by resolution of the Town Board[4] for each additional cut requested. There shall be no right
to perform such work (cut into a catch basin or storm sewer) without
the approval of the Superintendent of Highways.[5]
G.
Penalties for offenses. Any person committing an offense
against any provision of this section shall, upon conviction thereof,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $500 or by imprisonment
for a term not exceeding 15 days, or both such fine and imprisonment.
The continuation of an offense against the provisions of this section
shall constitute, for each day the offense is continued, a separate
and distinct offense.
A.
Upon approval of final plat and posting of a bond in accordance with Town Board requirements or upon certification of the completion or installation of all required improvements to the satisfaction of the Town Board and the posting of a bond in accordance with § 238-19, the subdivider may be issued building permits for the construction of buildings in accordance with the approved final plat, Chapter 270, Zoning, and the New York State Fire Prevention and Building Code.
B.
No building permits shall be issued following revocation
of approval of a final plat until another application for approval
of the final plat has been filed and approval granted by the Planning
Board.
A.
Bonds posted by the subdivider shall be in an amount
determined by the Planning Board or other appropriate Town departments
designated by the Town-designated engineer to cover the full cost
of required public improvements.
(1)
Such performance bonds shall be approved by the Town
Attorney as to form, sufficiency, surety and manner of execution.
(2)
Such performance bonds shall run for a term to be
fixed by the Planning Board, but in no case for longer than three
years. Such term may be extended by the Planning Board with the consent
of the parties thereto.
(3)
If the Planning Board shall decide at any time during
the term of the performance bond that the extent of building development
which has taken place in the subdivision is not sufficient to warrant
all the improvements covered by such performance bond or improvements
have been installed in accordance with § 277 of the Town
Law and as required by the Planning Board in sufficient amount to
warrant reduction in the face amount of such bond or the character
and extent of such development requires additional improvements previously
waived for a period stated at the time of fixing the original terms
of such bonds, then the Planning Board may, upon approval of the Town
Board and after due notice and public hearing, modify its requirements
for any or all such improvements, and the face value of such performance
bond shall thereupon be reduced or increased by an appropriate amount
so that the new face value will cover the cost in full of the amended
list of improvements required by the Planning Board; and any security
deposited with the bond may be reduced or increased proportionately.
(4)
In the event that any improvements have not been installed
as required by the Planning Board within the term of such performance
bond, the Town Board may thereupon declare such bond to be in default
and collect the sum remaining payable thereunder. On receipt of the
proceeds thereof, the Town shall install the improvements covered
by such bond which are commensurate with the extent of building development
that has taken place in the subdivision, but not exceeding in cost
the amount of such proceeds.
(5)
If the Planning Board or any appropriate Town officer
appointed by it finds upon inspection that any of the required improvements
have not been constructed in accordance with the plans and conditions
approved and specified by the Planning Board, then the subdivider
and the bonding company, if any, shall be separately and jointly liable
for the costs of completing said improvements originally specified
by the Planning Board.
(6)
Such performance bonds shall be released to the subdivider
only upon certification by the Town-designated engineer that all required
improvements have been satisfactorily completed.
B.
The subdivider shall also post with the Town Clerk
a bond in an amount determined by the Planning Board to be adequate
to assure the satisfactory conditions of all required improvements
for a period of one calendar year next following the date of certification
of satisfactory completion, installation or construction of such improvements.
C.
A bond in an amount sufficient to guarantee the proper
grading of the property and the respreading of the topsoil shall be
posted before issuance of a certification of occupancy.
D.
A certificate by the Town Clerk shall be submitted
to the Building Inspector that the subdivider has complied with one
of the following alternatives:
(1)
That all public improvements have been installed to the satisfaction of the Town-designated engineer and any other official or body authorized by law to act in accordance with requirements specified in Chapter 242, Subdivision of Land, not specifically waived by the Planning Board.
(2)
That a performance bond or certified check in compliance with § 277 of the Town Law of the State of New York and Chapter 242, Subdivision of Land, and as outlined in this chapter has been posted in sufficient amount to assure such completion of all required improvements and is available to the Town of Glenville.
E.
During the period the bond is in force, the developer
shall be responsible for the maintenance of streets, and the following
sign shall be erected: "NOTICE: Streets in this plot are being maintained
by the developer. Upon completion and final inspection, they will
be taken over by the Town of Glenville."
A.
Adequate inspection shall be provided at all times
and during all phases of construction and shall be done under the
direction of the Superintendent of Highways and/or the Town-designated
engineer.
B.
The inspection service may either by provided by the
Town or by an engineer approved by the Town. In either case, the cost
of inspection shall be the responsibility of the developer. If the
inspection service is provided by the Town, the cost will be based
on the actual costs, payroll plus overhead, incurred by the Town.
C.
Written certification by a New York State licensed
professional engineer or land surveyor approved by the Town Board
will be required, proving that subgrades are correct to established
line and elevation, that all storm sewer catch basin rims, sanitary
sewer manhole rims, water main valve box rims and any other service
access devices are at established finish elevation and, upon completion
of the road base prior to paving, that the established elevations
of the bed are correct.
D.
Written certification shall also be required for the
gas company, telephone company, power company and any other utility
company that their respective utilities have been installed in accordance
with the provisions of this chapter. Common trench by utilities is
acceptable with a submission of detail and approved by the Town-designated
engineer.
E.
The developer shall certify, in writing, under oath,
that all requirements of this chapter have been complied with in the
construction of a street offered to the Town for acceptance, said
written certification to be filed with the Town Clerk prior to such
acceptance.
When the Town Board determines that extraordinary
hardship would result from strict compliance with the provisions of
this chapter because of an unusual circumstance of topography or other
physical condition in the proposed location of a street, it may modify
the requirements for said street. In addition, for good cause, this
Town Board may waive compliance with the provisions of any part of
this chapter in connection with the construction of a proposed street,
said waiver to be by no less than a majority plus one of the full
membership of the Town Board.
[Added 7-20-2011 by L.L. No. 2-2011]
A.
The requirements of Chapter 238 pertaining to dedication of new streets and §§ 242-29 and 242-30 notwithstanding, a Section 180 Town highway continuation or extension should, where practical, conform to the following standards:
(1)
The
minimum right-of-way width should be 48 feet or the maximum width
of the highway to be extended or continued, whichever is less, deeded
to the Town of Glenville, measured from lot line to lot line, and
incorporating a typical roadway section of 20 feet of graded roadway
for vehicular traffic and three-foot wide shoulder widths on each
side of the travelled portion of the roadway. A lesser right-of-way
or pavement width can be approved by the Town Board upon proof of
facts and circumstances warranting same, upon the recommendation of
the Town Superintendent of Highways and the Town Planning and Zoning
Commission.
(2)
Grades
of such highways shall conform to the general terrain and shall be
no less than 1/2 of 1%, nor more than 10%, except in cases of unusual
terrain or other features where the Planning and Zoning Commission
has granted a waiver, upon the recommendation of the Superintendent
of Highways.
(3)
All
such highways shall have adequate drainage, including necessary inlet
and outlet ditches. Reinforced concrete pipe, corrugated aluminum
pipe (sixteen gauge minimum), ADS N-12 HDPE (high-density polyethylene
pipe) or PVC (SDR 26 or 35) shall be used for all culverts and surface
drains. All drainage problems must either conform to or be corrected
to the specifications of the Superintendent of Highways. Drainage
easements may be required by the Town of Glenville where necessary.
(4)
The
roadway of such highways shall be filled to a minimum depth of 12
inches with crusher run No. 2 or No. 3. The material shall be placed
in accordance with the requirements of § 304-3.02 of the
NYSDOT Standard Specifications of May 1, 2008, or any subsequent amendment
thereto. All work must be approved by the Superintendent of Highways
or his designee. A filter fabric, same or equal to AMOCO PROPEX 2002
shall be placed upon the completed subgrade for a width of 20 feet.
(5)
After
the top layer of the gravel subbase has been shaped, compacted and
cleaned of all loose material and debris, it shall be reviewed for
approval by the Superintendent of Highways. Following his approval,
the roadway shall be reviewed for dedication by the Town Attorney
and the Town Board.
(6)
In all other respects, the standards set forth in Chapter 238 and §§ 242-29 and 242-30 of this Code should be applied to a Section 180 Town highway continuation or extension wherever reasonable and practical in the judgment of the Town Superintendant of Highways, after consultation with the Planning and Zoning Commission.
