Plans, including profiles and construction details, of the proposed highways shall be prepared by a qualified professional engineer and land surveyor properly licensed by the State of New York. The plans shall clearly define the limits of the proposed right-of-way and shall include the location, widths, profiles and grades of proposed roadways, typical road sections, storm drainage, including culverts and other drainage structures, and the location of casements and utilities. Plans shall first be submitted to the Superintendent of Highways and the Town Engineer. When any proposed highway drains toward or may otherwise affect a county or state highway, plans shall be submitted to the County Commissioner of Public Works or the New York State Department of Transportation for their review and comments, and to the Town Planning Board for review and approval under the applicable Subdivision Regulations of the Town.[1] Such plans so submitted shall not be altered, modified or amended after having been approved by the Planning Board unless revised plans are resubmitted and approved by all proper authorities. However, the developer shall, at his/her own expense, provide additional storm drainage facilities as may be ordered by the Superintendent of Highways if, during the progress of the work, in the opinion of the Superintendent of Highways, the Town Engineer and/or the Commissioner of Public Works, such additional structures or facilities are necessary to assure the durability of pavement, the future maintenance of the right-of-way and the welfare and safety of the public. If construction has not been started within one year from the date of final approval by the Town Planning Board, plans shall be resubmitted and approved as above.
[1]
Editor's Note: See Ch. 82, Subdivision of Land.
A. 
Security. Prior to the start of construction of any approved highway and prior to signing of a subdivision plat by the Planning Board Chairman, when applicable, the developer shall deposit with the Town Clerk a letter of credit or acceptable surety or shall deposit with the chief fiscal officer of the Town acceptable negotiable government bonds, cash or a certified check drawn upon a national or state bank, payable at sight to the Town Board, guaranteeing that:
(1) 
Within two years of posting of the security, the developer will complete the construction of all required improvements within the right-of-way in accordance with the approved plans and these specifications. If construction is not completed within that two-year period, the Town may exercise its rights and complete the road with the posted security.
(2) 
Upon certification by the developer's professional engineer and surveyor, by the Engineer to the Town and by the 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 completed highway to the Town for use as a public 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.
(3) 
As guaranty for the performance of the above requirements, the developer shall deposit as heretofore set forth a letter of credit, negotiable government bonds, cash or certified check in the amount of 100% of the total construction cost. This amount shall be determined by the Town Engineer, by applying to the quantities or dimensions shown on the approved plan the rates per unit as established by the schedule of rates attached hereto and forming a part hereof (Table 1[1]), along with a twenty-percent inflation factor and legal and engineering fees, or amendments thereto which may later be established to reflect changing costs.
[1]
Editor's Note: Table 1 is on file in the Town Clerk's office.
B. 
Insurance.
(1) 
The developer shall procure and maintain, at his/her own expense and without expense to the Town, until final acceptance by the Town of the work covered by approved plans and specifications, insurance for liability for damages imposed by law, of the kinds and in amounts hereinafter provided, by insurance companies authorized to do such business in the state, covering all operation under the approved plan and specifications, whether performed by him or subcontractors. Before commencing the work, the developer shall furnish to the Town a certificate or certificates of insurance in a form satisfactory to the Town showing that he/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: The insurance shall be in an amount not less than $1,000,000 combined single limit coverage with endorsements for explosion, collapse and underground work as required by the Town, naming the Town as an additional insured.
(2) 
The purpose of this requirement for insurance is to protect and defend the Town against any claims which may arise because of the operations of the developer or possible defects in work performed by him. Subsequent to the acceptance of the dedication of the street and after receipt of the security and evidence of insurance by the Town, the Town Board shall release the security.
(3) 
In addition, the developer will enter into a hold harmless agreement absolving the Town, Town officials and Town employees of any liability until the road is dedicated and the maintenance bond is released.
A. 
The developer shall afford the Superintendent of Highways and the Engineer to the Town the opportunity to inspect the work in order to ensure that the specifications are met.
B. 
Such inspections, at a minimum, shall occur at the following listed places in order of construction, and the developer shall give the Superintendent and inspector at least two days' written notice of such expected completions and shall not proceed to the next order of work until the Superintendent has approved the work inspected:
(1) 
Upon completion of the subgrade.
(2) 
Prior to covering of the drainage facilities. In general, no drainage facility shall be covered without inspection.
(3) 
Upon completion of the foundation course, at which time the developer shall furnish the Superintendent with workers and equipment to dig, or have dug, test holes to establish and confirm the depth and quality of the foundation course.
(4) 
Upon completion of placement of the utilities, such as electric, gas, telephone and cable (to be placed in the shoulders of the roads only following rough grading).
(5) 
Prior to paving, a minimum of one working day shall expire between finishing the foundation course and paving.
(6) 
The Superintendent or his/her representatives shall be given access to the work at all times in order that he/she may inspect the work as it progresses.
C. 
Fees. The developer shall pay all accrued fees involved with the inspection of said developer's site/subdivision plan. This amount shall include the Town Engineer's and Town Attorney's staff review/inspection fees.
During construction and prior to final acceptance, it is expected and it is understood that as part of the conditions of approval of the subdivision, the developer shall 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.
A. 
Paved surface.
(1) 
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.
(2) 
The storm sewer system shall be kept clean and operational.
(3) 
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 or Town Engineer 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).
B. 
Unpaved surface.
(1) 
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.
(2) 
The storm sewer system shall be kept clean and operational (i.e., catch basin tops shall be on, drainage ditches left open, etc.).
(3) 
The road shall be maintained on a continuing basis. Soft spots, holes 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 or Town Engineer 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.
(4) 
Basic erosion control as shown on the design plans shall be maintained on a continuing basis to remove the threat of water flooding the road. Erosion control shall include but not be limited to hay bales and silt fences.
A. 
Stop-work order. A stop-work order shall be issued to the developer when work is not progressing according to the Town Highway Specifications and/or design plans. The stop-work order shall preclude any site work from continuing, except work to remedy the conflict. This order can only be issued with the mutual consent of the Superintendent of Highways and the Town Engineer. If either one of the above are not available due to illness, vacation, etc., an independent engineer could be requested to sign for one of the above. This order can only be lifted when the specific item or issue is corrected or an agreement is reached with both the Superintendent and Town Engineer. The developer will receive a written notice canceling the stop-work order.
B. 
Compelling-work order. A compelling-work order shall be issued to the developer when work stated on the design plan or agreed upon with the Superintendent that could affect the existing dwellings or the road surface has not been completed in a timely fashion. The issuance of a compelling-work order shall proceed as listed in Subsection A of this section. The developer will receive a written notice to begin or commence work. The developer must comply within three days or a stop-work order shall be issued in accordance with Subsection A of this section.
Prior to paving of any roadway, the developer's engineer must submit to the Superintendent and the Town Engineer an as-built drawing of the roadway and a Subdivision Road and Related Public Improvement Engineer's Certification Form 1, certifying the elevations and locations of drainage and road materials, and shall receive approval of the same. (See attachment[1]) Prior to acceptance of a highway constructed under these specifications, the developer's professional engineer shall certify in writing that he/she or his/her authorized representative has inspected all phases of the highway construction and that all work has been completed in accordance with the approved plans and these specifications in accordance with the Subdivision Road and Related Public Improvement Engineer's Certification Form II (See Attachment[2])
[1]
Editor's Note: Said form is on file in the Town Clerk's office.
[2]
Editor's Note: Said form is on file in the Town Clerk's office.
Conditions to be satisfied before the Town Board considers the acceptance of a new highway shall be as follows:
A. 
A set of as-built plans of the highway made in conformance with the Subdivision Record Drainage Checklist, (See Attachment[1]). As-built drawings shall be submitted and approved prior to paving of the base course and again prior to road acceptance as stated in § 79-9. The actual road center line shall be within three feet of its design location. The Town Engineer shall field verify (by spot checking) any as-built plans submitted.
[1]
Editor's Note: Said checklist is on file in the Town Clerk's office.
B. 
Metes and bounds descriptions of all rights-of-way and easements prepared by a licensed land surveyor must be submitted to the Town Engineer.
C. 
The plans and descriptions must be reviewed by the Town Engineer who shall indicate his/her approval either by letter to the Town Board or by the stamping of said plans and descriptions.
D. 
Such roadway must be granted to the Town by a full covenant and warranty deed containing the correct metes and bounds description shown on said map, which deed must be in such form as may be required to entitle the same to be recorded in the office of the Clerk of the County of Dutchess, and filing fees must be paid by the developer. Any equalization and assessment form or capital gains affidavit must be prepared by the applicant. The submitted deeds must be approved by the Town Attorney as to form and sufficiency. A fee title insurance policy in the amount of $20,000 per 300 linear feet of road, or part thereof, must be filed with the Town Clerk. The cost of this policy shall be borne by the developer.
E. 
The work completed on the highways at the date of submittal must be approved by the Superintendent, and the Town Board must be notified of this approval.
F. 
Approved permanent concrete or granite monuments shall be set according to the Town Highway Specifications or as directed by the Town Engineer, and their location shall be shown on the road plan. Iron pipes, unless embedded in concrete, shall not be considered permanent monuments for the purpose of these regulations.
G. 
Prior to acceptance by the Town of the dedication of the street as guaranteed by § 79-4 above, the developer shall deposit with the Town Clerk acceptable security or shall deposit with the chief fiscal officer of the Town acceptable negotiable government bonds, cash or a certified check drawn upon a national or state bank, payable at sight to the Town Board, guaranteeing that, for a period of 18 months from the date of acceptance of the dedication of the street by the Town (but said time must include at least two time periods as defined by November 1 to April 15), the developer will maintain the street to the standard of construction set by the specifications, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his/her own expense, repair and make good any defects or damage which may develop during this maintenance period as a result of faulty construction within the right-of-way or as a result of other construction by the developer off the right-of-way. During the maintenance period, the Town shall be responsible for snow and ice control, street cleaning, cleaning of culverts and catch basins and other work of similar routine nature, provided that such work has in no way been caused by the developers operations.
A. 
The Town Planning Board shall determine and designate into which of the two following classifications each proposed highway falls on the basis of one or more of the criteria hereinafter set forth.
(1) 
Commercial or industrial highway.
(2) 
Rural- or suburban-type highway.
B. 
Final plans shall be drawn to show, and the developer shall construct, each highway in accordance with the particular specifications for its designated classifications, as also hereinafter set forth, as well as in accordance with the specifications common to all classifications.
A. 
Commercial or industrial highways. (See Figure 2.6[1])
(1) 
The proposed highway is in an area zoned for commerce or industry.
(2) 
The proposed highway is on or so close to the dividing line between a residential and a commercial or industrial area that it may reasonably be expected to carry a substantial volume of heavy vehicles.
(3) 
The proposed highway creates a shorter and more convenient route between a commercial or industrial area and a major traffic artery.
(4) 
The proposed highway, for any other reason, may be expected to carry a substantial volume of commercial or industrial traffic.
[1]
Editor's Note: Said figure is on file in the Town Clerk's office.
B. 
Rural or suburban highways. (See Figure 3[2]) (NOTE: This classification is intended to cover the majority of subdivision roads.)
(1) 
The proposed highway is not or cannot reasonably be expected to become a commercial or industrial highway.
(2) 
The proposed highway is a dead end, loop or other minor highway within a residential development.
(3) 
The proposed highway is not or cannot reasonably be expected to become a continuation or extension of a commercial or industrial highway. Should such be the case, the proposed highway shall take the classification of the highway of which it is a continuation or extension.
(4) 
The proposed highway does not or cannot reasonably be expected to carry a substantial volume of traffic.
[2]
Editor's Note: Said figure is on file in the Town Clerk's office.