Town of Holland, NY
Erie County
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Table of Contents
Table of Contents
[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 sheet 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]
B. 
Security for certain improvements. Security shall be provided for the construction of the following public improvements:
(1) 
Paving and curbing.
(2) 
Storm sewer, including retention facilities.
(3) 
Sanitary sewer.
(4) 
Waterline.
(5) 
Streetlighting.
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.
C. 
A maintenance bond, irrevocable letter of credit or cash deposit shall be required for the following public improvements:
(1) 
Paving and curbing.
(2) 
Storm sewer, including retention facilities.
(3) 
Waterline.
(4) 
Sanitary sewer.
(5) 
Streetlighting.
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.