[Adopted 7-14-1982]
The purpose of this article is to establish
a definite policy in the acceptance of land for right-of-way and highway
properties according to the rules, regulations and specifications
set forth within this article governing the plans and construction
of highways in the Town of Holland.
[Amended 7-13-1988 by L.L. No. 2-1988]
No construction shall be commenced without a
construction permit, and said permit shall not be issued until the
parcel of land proposed or offered for dedication as a highway right-of-way
shall be deemed acceptable by the Town Board of the Town of Holland
and the Highway Superintendent. No road shall be constructed that
services four or more single-family dwellings without a permit. (Permit
applications may be obtained from the Town Clerk.)
[Amended 7-13-1988 by L.L. No. 2-1988; 5-12-1993 by L.L. No.
2-1993]
A.
Application for a permit to construct a new road shall be accompanied by 10 complete sets of design plans and specifications and accompanying documents required for site plan approval as described in § 120-76 (zoning section on site plan review and approval).
B.
Said plans shall be accompanied by accurate descriptions
of the parcel of land proposed or offered for dedication as a highway
right-of-way and completely and accurately plotted and described by
bounds on a survey which shall bear the seal of a licensed land surveyor
showing the exact location of such parcel of land with respect to
the property lines of the property of which such parcel may be a part
and giving the dimensions of length, width and area.
C.
Suitable, permanent and accurate monuments shall be
erected at all corners of such parcel of land and as many more as
are determined necessary by the Town Superintendent of Highways, which
lines satisfactorily reflect the bounds of such parcel of land.
D.
Design plans for the proposed road shall conform to
the current Town of Holland standards and specifications for highway
construction. The drawings shall include a plan view showing proposed
alignment, center-line stationing, location of drainage facilities,
location and type of streetlights and details of all intersections
and turnarounds. The drawings shall also include a profile showing
proposed grades, vertical curves and drainage structures and pipes.
The plans shall bear the seal and signature of a qualified licensed
engineer.
E.
The Town Board (or Highway Superintendent) shall distribute
copies of the plans to the various departments and agencies for review
and comment prior to the next Planning Board meeting. If the plans
are acceptable to the Town, the applicant shall be given written notification
and a copy of the resolution of approval containing any conditions
that have to be met.
F.
Once the plan has been approved, the applicant shall
make the required adjustments and submit his final construction drawings
to the Town Highway Superintendent and Town Engineer for approval.
The Town Engineer shall determine the amount of the public improvement
permit fees and provide the applicant with the application forms for
the public improvement permits.
G.
The completed applications and certified checks to
cover the fees and approved drawings shall be submitted to the Town
Clerk in time to be placed on the agenda of the next Town Board meeting.
Construction shall not commence until the public improvement permits
have been approved by the Town Board.
H.
Any construction work which is done without the required
permits and which is in conflict with the requirements of the Town
Board and its legislation and not in conformance with approved plans
and specifications shall be removed or changed to meet these requirements
at the expense of the owner.
[Added 7-13-1988 by L.L. No. 2-1988]
A.
All proposed street locations shall be reviewed with
the Town Superintendent of Highways prior to their final mapping and
design to provide for their classification.
B.
Each street shall have one of the following classifications
and shall meet the requirements therefor:
[Amended 5-12-1993 by L.L. No. 4-1993; 6-8-1994 by L.L. No. 3-1994]
(1)
Major rural collector: serves intercounty travel throughout
rural areas regardless of traffic volume.
(2)
Minor rural collector: carries traffic from local
residential or minor streets to major rural collectors or principal
arterial streets.
(3)
Local residential street (with parking): that which
includes the principal entrance street of a residential development
and streets for circulation within such a development.
(4)
Minor residential street (no parking): that which
is used primarily for access to abutting properties and cannot be
extended.
(5)
Marginal service street: a street which is parallel
to and adjacent to arterial streets and highways and which provides
access to abutting properties and protection from through traffic.
C.
All street right-of-way widths and street pavements
shall be measured at right angles or radial to the center line of
the street and shall be not less than the following:
[Amended 5-12-1993 by L.L. No. 4-1993; 6-8-1994 by L.L. No. 3-1994]
|
Type of Street
|
Right-of-Way
(feet)
|
Pavement
(feet)
|
Shoulder
(feet)
|
|---|---|---|---|
|
Major rural collectors
|
120
|
24
|
10
|
|
Minor rural collectors
|
80
|
24
|
8
|
|
Local residential street (with parking)
|
60
|
30
|
curbed
|
|
Minor residential street (no parking)
|
50
|
20
|
curbed
|
|
Marginal service street (no parking)
|
50
|
20
|
curbed
|
[Amended 7-13-1988 by L.L. No. 2-1988]
Formal acceptance of any parcel of land by the
Town of Holland to be dedicated for highway right-of-way purposes
shall not be consummated unless the parcel tendered shall meet the
required specifications, completely and accurately plotted and with
described metes and bounds, with the submission to the Town of a title
abstract by a recognized title company certifying the description
of the premises to be conveyed and with a good and marketable title.
[Amended 7-13-1988 by L.L. No. 2-1988; 5-12-1993 by L.L. No.
4-1993]
A.
The construction of the highway shall proceed in the
following sequence, and each phase shall be inspected by the Town
Engineer or his representative and approved by him before further
work shall proceed:
(1)
Stripping of all topsoil and clearing, except as otherwise
specified, including the removal or destruction of all fences, trees,
roots, stumps, bushes, timbers and decaying or growing organic matter
above and below the surface of the ground within the limits of the
work in the right-of-way, subject to review by the Town Superintendent
of Highways and the Town Engineer.
(2)
Excavation of the roadway shall follow the profiles
and typical section(s) shown on the approved plans. Low areas of the
subgrade will be brought up to grade with approved material. The final
rolled surface of the subgrade shall be smooth and shall be graded
to reasonable conformity with said profile(s) and typical section(s).
Where subgrade soil conditions are poor, in the judgment of the Engineer,
the subsoil should be removed to a depth specified by the Engineer.
The excavation shall be filled with stone or gravel. No base course
shall be placed above subgrade that has not been approved by the Engineer.
(3)
The typical section shall be constructed of a minimum
of one inch of asphalt concrete top course conforming to New York
State Department of Transportation (NYSDOT) Item 403.1901, two inches
of asphalt concrete binder course conforming to NYSDOT Item 403.13,
three inches of asphalt concrete base course conforming to NYSDOT
Item 403.11, 15 inches of subbase course conforming to NYSDOT Item
304.02 and geotextile material conforming to Section 207 of the NYSDOT
Standard Specifications and being "Typar 3401" or equal. At the edges
of the proposed asphalt concrete pavement, a six-inch thick by two-and-one-half-foot
wide standard concrete gutter shall be constructed. Centered on a
line 2 1/2 feet inside the highway boundaries and running parallel
to the highway boundaries, four-foot wide by four-inch thick concrete
sidewalks shall be constructed. The sidewalks shall be constructed
on a six-inch bed of subbase course conforming to NYSDOT Item 304.02.
(4)
The pavement shall have a transverse cross slope of
1/4 inch per foot each way from the center line. The sidewalk shall
have a transverse cross slope between 1/4 inch and 1/2 inch per foot
from the highway boundary toward the center line of the right-of-way.
(5)
Drainage for the pavement shall consist of underdrains,
combined storm sewer/underdrains with storm receivers and manholes
appropriately spaced and sized. The storm drainage system shall be
designed to flow full or slightly surcharged under the ten-year storm.
The minimum diameter for combined storm sewer/underdrain pipe shall
be 12 inches. Storm drainage calculations shall be prepared using
at a minimum the guidelines contained in the Erie Niagara Regional
Planning Board's Storm Drainage Design Manual. All plans shall be
submitted to the Town Engineer and Highway Department for review.
B.
The petitioner shall be responsible for notifying the Town Superintendent of Highways that the inspection of each phase as rated above in Subsection A(1), (2), (3) and (4) of the work is required and that he will not proceed with further work until such inspection has been made and specifically approved by the Town Superintendent of Highways.
[Added 5-12-1993 by L.L. No. 4-1993[1]]
The Town reserves the right to alter the above
provisions and standards if necessary to address site-specific needs
or changed conditions.
[1]
Editor's Note: This local law also provided
for the repeal of former § 101-17, Drainage, ditches; driveways,
as amended.
[Added 5-12-1993 by L.L. No. 4-1993[1]]
Streetlighting facilities shall be provided
in accordance with electrical utility standards and in conformance
with the details and specifications on file with the Town Clerk.
[1]
Editor's Note: This local law also provided
for the repeal of former § 101-18, Excavation of subgrade,
as amended.
A.
Dead-end streets shall be provided at the closed end
with a turnaround either in the form of a circle or a tee (T) having
dimensions and a configuration as shown on the Town of Holland Standard
Details for Highway Construction.
[Amended 1-8-1992 by L.L. No. 1-1992; 5-12-1993 by L.L. No.
4-1993]
B.
The Town Superintendent of Highways shall specify
which type of turnaround shall be required and constructed.
A.
No provision of this article shall be construed to
diminish the authority of the Town Superintendent of Highways, whose
decisions shall be final in the interpretation of the requirements,
rules, regulations and specifications.
B.
The Town of Holland Superintendent of Highways and
the Town Engineer shall determine whether the proposed Town road has
been constructed or completed in accordance with these regulations.
Their discretion shall be complete and unfettered.
[Amended 7-13-1988 by L.L. No. 2-1988; 5-12-1993 by L.L. No.
4-1993]
[Amended 7-13-1988 by L.L. No. 2-1988]
A.
All work performed by the contractor will carry a
two-year guaranty. The guaranty period will commence at the date of
the written final approval.
B.
Any proposed Town highway shall be built and accepted
or bonded to 100% of the total estimated cost, as established by the
Town of Holland Town Board and the Town of Holland Superintendent
of Highways, prior to the sale of any lots. All bonds shall be in
a form acceptable to the Holland Town Board. Bonds will be held by
the Town Board until notified that all construction costs for the
road have been satisfied.
[Amended 7-13-1988 by L.L. No. 2-1988]
A.
If improvements are to be installed or constructed
upon real property to which the Town of Holland has title or will
acquire title thereto, the holder of the public improvement permit,
before commencing any work in connection therewith, shall submit to
the Town Clerk of the Town of Holland one of the following forms of
security for approval by the Town of Holland:
(1)
Bond.
(a)
A bond shall be executed by a solvent surety
corporation as surety authorized to do business in the State of New
York, in a sum equal to 20% of the cost of the work to be performed,
as determined by the Town Engineer, which bond shall be approved by
the Town of Holland, guaranteeing faithful performance of all work
in accordance with the specifications and requirements of the Town
of Holland.
(b)
Such bond shall remain in full force and effect
until the certificate of completion and satisfactory compliance with
this section shall have been issued by the Town of Holland.
(c)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the above-described bond shall be
forfeited to the Town of Holland.
(2)
Irrevocable letter of credit.
(a)
An irrevocable letter of credit shall be supplied
by a bank authorized to do business in the State of New York in a
form acceptable to the Town of Holland and in a sum equal to 20% of
the cost of the work to be performed, as determined by the Town Engineer,
guaranteeing faithful performance of all work in accordance with the
specifications and requirements of the Town of Holland.
(b)
Such letter of credit shall remain in full force
and effect until the certificate of completion and satisfactory compliance
with this section shall have been issued by the Town of Holland.
(c)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this article, the above-described letter of credit
shall be forfeited to the Town of Holland.
(3)
Cash deposit.
(a)
A cash deposit in the amount of 20% of the cost
of such public improvement, as determined by the Town Engineer, shall
be placed on deposit with the Town of Holland.
(b)
Such deposit shall remain in full force and
effect until the certificate of completion and satisfactory compliance
with this section shall have been issued by the Town of Holland.
(c)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the cash deposit hereinbefore referenced
shall be forfeited to the Town of Holland.
[Amended 1-8-1992 by L.L. No. 1-1992]
C.
Separate security for sidewalk and streetlighting.
A separate agreement between the applicant for a public improvement
permit and the Town of Holland shall provide for security in the construction
and maintenance of sidewalk and streetlighting public improvements.
D.
The Town of Holland shall have the final approval
over the form of any security device for use by applicants for public
improvement permits.
[Added 7-13-1988 by L.L. No. 2-1988]
A.
In the interest of protecting public improvements
from any and all defects in material or workmanship or to provide
for the cost of repair and/or replacement of such improvements, the
Town has determined that a maintenance bond, irrevocable letter of
credit or cash deposit shall be filed by all applicants for public
improvement permits.
B.
Applicants for public improvement permits for public
improvements which are to be installed or constructed upon real property
to which the Town of Holland has acquired or will acquire title thereto
shall provide or cause to be provided and submitted to the Town Clerk,
prior to acceptance of such public improvement, one of the following
forms of security for approval by the Town of Holland:
(1)
Bond.
(a)
A maintenance bond shall be executed by a solvent
surety corporation as surety authorized to do business in the State
of New York, in a sum equal to 50% of the cost of such public improvement.
Such bond shall remain in full force and effect for a period of two
years from the acceptance of said public improvement by the Town Board
of the Town of Holland.
(b)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the above-described bond shall be
forfeited to the Town of Holland.
(2)
Irrevocable letter of credit.
(a)
An irrevocable letter of credit shall be supplied
by a bank authorized to do business in the State of New York, in a
form acceptable to the Town of Holland and in a sum equal to 50% of
the cost of such public improvement. Such letter of credit is to remain
in full force and effect for a period of two years from the acceptance
of said public improvement by the Town Board of the Town of Holland.
(b)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the above-described letter of credit
shall be forfeited to the Town of Holland.
(3)
Cash deposit.
(a)
A cash deposit, in an amount equal to 50% of
the cost of such public improvement, shall be placed on deposit with
the Town of Holland. Such cash deposit shall remain on deposit with
the Town of Holland for a period of two years from the acceptance
of said public improvement by the Town Board of the Town of Holland.
(b)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the above-described cash deposit shall
be forfeited to the Town of Holland.
(4)
Other acceptable security in the discretion of the
Town Board.
D.
The Town of Holland shall have final approval over
the form of any security device for use by applicants for public improvement
permits.
[Added 7-13-1988 by L.L. No. 2-1988]
The holder of a permit shall comply with all
the ordinances of the Town of Holland and all laws of the State of
New York, now in force or hereafter adopted, applicable to the work
to be performed thereunder.
[Added 7-13-1988 by L.L. No. 2-1988]
Compliance with the provisions of this article
shall be a condition precedent to the acceptance of any street, highway
or other public improvement by the Town of Holland for the purpose
of maintenance.
[Added 7-13-1988 by L.L. No. 2-1988]
The construction specifications of the Town
of Holland are adopted as a provision of this article as if fully
set forth herein, except that this article shall supersede and replace
those provisions in the construction specifications of the Town of
Holland relating to maintenance bonds for public improvements.
