[Adopted 10-7-1997 by L.L. No. 12-1997[1]]
[1]
Editor's Note: This local law also repealed
former Art. II, Street Construction and Layout, adopted 5-7-1974,
as amended.
This article shall be known and may be cited
as the "Street and Roadway Ordinance of the Town of Niskayuna."
When used in this article, unless otherwise
expressly stated, the following terms shall have the meanings indicated:
The acceptance by resolution of the Town Board of the Town
of Niskayuna of a parcel of land offered by an applicant for public
purposes.
A person, persons, firm, corporation, partnership or association,
acting as owner or on behalf of the owner, who shall submit plans
and related information for construction of a street to the Town Engineer
for approval.
An asphalt concrete street-paving foundation prepared and
installed in accordance with all applicable parts of Section 400 of
the Standard Specifications for Item 403-13 Type 3 dense binder (occasionally
referred to as "dense binder course").
A specimen of the street subbase and paving material taken
on completion of the base course to verify the depth, compaction and
type of materials placed.
Any individual, firm, company, corporation or group acting
on his or her own behalf or on behalf of the owner who is engaged
in developing land.
A right granted by the owner of a parcel of real property
to another party for use of all or part of the parcel for a specific
use. Utility easements granted to the Town of Niskayuna shall be permanent
easements.
The approval of the plans and details for the construction
of streets. The approval shall be issued in the form of a set of preliminary
plans approved by the Town Engineer and the Planning Board. The layout
of streets in the approved preliminary design shall constitute an
offer of dedication by the applicant, but preliminary design approval
shall not constitute acceptance of said street by the Town of Niskayuna.
Polyvinyl chloride, a type of pipe material.
Construction and Materials, New York State Department of
Transportation, latest edition, as amended.
All property within the right-of-way lines in any roadway,
thoroughfare or highway.
The duly appointed Superintendent of Highways of the Town
of Niskayuna or his or her authorized deputy or agent.
Hot, plant-mixed asphalt concrete manufactured and installed
in conformance with all applicable parts of Section 400 of the Standard
Specifications for Item 403-18 Type 7 top course (occasionally referred
to as "final wearing surface").
The Town of Niskayuna, County of Schenectady, State of New
York.
The duly designated engineer of the Town of Niskayuna.
Bituminous asphalt pavement extensions produced by modifying
the outside edge of the strike-off assembly of the paving machine
to produce a monolithical extrusion of the size and shape as shown
in Appendixes A and B.[1]
[1]
Editor's Note: Appendixes A and B are included as attachments to this chapter.
The purpose of this article is to regulate the
layout and construction of streets in the Town and to outline the
necessary improvements required prior to acceptance as a Town highway.
No street will be accepted as a Town highway
unless it shall conform to the regulations hereinafter provided. No
street shall be accepted between the last Thursday in October and
May 1 in any year; except, however, that a street may be accepted
during this period of time on the condition that the Town Engineer
certifies that the construction of the street has been completed prior
to the last Thursday in October, that he or she has inspected the
street and that it has been constructed in conformance with the standards
set forth in this article.
A.
Layout of streets. The arrangement of streets shall
provide for the safe and efficient flow of traffic and shall, wherever
desirable, provide for the continuation of the principal streets existing
in adjoining subdivisions or provide for their proper projection into
adjoining property, if not subdivided. The street pattern shall conform
to the Official Map of the Town of Niskayuna and shall have the approval
of the Planning Board of the Town of Niskayuna prior to any physical
work being done.
B.
Width of street. The minimum width of the street shall normally be 60 feet. However, in exceptional circumstances to permit optimum use of the land, the Planning Board may permit short streets of a minimum width of 50 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. [See § 185-13G(2).]
C.
Control strips. There shall be no reserve control
strips 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.
D.
Street corners. 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.
E.
Dead-end streets. Dead-end streets designed to have
one end permanently closed shall be provided at the closed end with
a turnaround roadway having a minimum radius for the outside property
line of at least 60 feet. The outside pavement radius shall be 45
feet and the pavement width shall be 24 feet. 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.
F.
Street grades. Street grades shall not exceed 6% nor
be less than 0.5%. Street grades in excess of 6% but at no time greater
than 14% may be constructed at the discretion of the Town Engineer,
provided that there is a second means of ingress and egress on an
accepted street with grades less than 6%. Grades at intersections
shall not exceed 3% for a distance of one hundred fifty feet from
the center lines at street intersections and grades in excess of 6%
shall not exceed 600 feet in length.
G.
Deflection angle. Where a deflection angle of more
than 10° occurs in a street line, a curve of a radius acceptable
to the Town Engineer is to be introduced into the roadway.
H.
Intersecting streets. Intersecting streets shall be
so laid out that blocks between street lines shall be not more than
1,200 feet in length unless an unusual topographic or plot condition
makes it a hardship to keep within this limit. In such case, the overall
layout must be presented to the Planning Board of the Town of Niskayuna
and will be considered on its own merits.
I.
Monuments. Sufficient monuments shall be placed by
a licensed land surveyor to properly reproduce each street. Existence
of these monuments will be checked and verified prior to dedication.
Monuments may be either granite with a crosscut in the top or concrete
with a metal pin in the top, four inches by four inches square and
four feet long or approximately equal. Monuments shall be shown on
the subdivision map.
J.
Easements. The developer/owner laying out said street
must obtain all necessary easements or rights-of-way to manage 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 accepted by the Town shall be approved by the Town Engineer
after such necessary easements or rights-of-way have been obtained
and approved by the Town Attorney. Such permanent utility easement
shall begin at the street and continue to a natural watercourse or
outlet and be not less than 30 feet in width.
K.
Additional improvements. Additional improvements such
as gutters and sidewalks may be required by the Planning Board of
the Town of Niskayuna. Complete plans and specifications covering
proposed improvements should be submitted to the Town Engineer for
approval. No hedges, 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 Town Engineer in order to conform to the established
grade.
L.
Street signs. The developer/owner shall pay for 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 provided and installed
by the Highway Department.
M.
Two hundred scale maps. All new streets shall be added
to the Town's 200 scale map system. This shall include the street
pattern, lot layout, drainage facilities, water system and sanitary
sewer system. All costs associated with this work shall be paid for
by the developer/owner, except that, in the instances when water and/or
sanitary sewer systems are installed by the Town, the cost of mapping
said water and/or sewer systems shall be charged to the appropriate
water and/or sewer extension.
[Amended 11-20-2014 by L.L. No. 6-2014]
The following subsections establish the construction requirements
for and the sequence in which new streets are to be constructed. After
completion of the work as listed in each subsection, approval from
the Town Engineer is required before proceeding to the next section.
A.
Construction requirements. All streets shall be constructed in accordance
with the Town of Niskayuna Typical Highway Cross Section (Appendix
A)[1] and the following requirements.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Subgrade. 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 plus four feet. The elevation
of the subgrade is determined by the approved design drawings and
details.
C.
Utilities. After the subgrade has been approved, all utilities shall be installed in accordance with § 185-14 of this chapter, entitled "Utilities."
D.
Underdrains. After the utilities have been installed and approved as required in § 185-14 and proper compaction has been attained, underdrains shall be installed in accordance with the Town of Niskayuna Roadway Underdrain Detail (Appendix B)[2] and Section 605 of the Standard Specifications and/or
as ordered by the Town Engineer.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
E.
Stabilization fabric. Road stabilization fabric is required under
all road-base gravel. The fabric shall be Exxon geotextile fabric
(GTF200) or approved equal. This requirement may be waived by the
Town Engineer if the road base is built on solid rock or similar geological
formations. The waiver must be obtained in writing prior to proceeding
with the placement of gravel.
F.
Subbase.
(1)
The subbase shall be installed in accordance with Section 304 of
the Standard Specifications. The subbase shall consist of 12 inches
of compacted gravel, Item 304-2.02, Type 4, and six inches of compacted
crusher-run limestone, Item 304-2.02, Type 2, as outlined in the Standard
Specifications. Prior to acceptance, the developer or supplier shall
certify in writing that the materials furnished comply with the requirements
of Item 304-2.02, Type 4, and Item 304-20.2, Type 2, respectively.
(2)
The subbase shall cover the entire area of the subgrade.
(3)
A subbase in excess of 18 inches may be required for special conditions,
including but not limited to high traffic volume and/or poor subgrade
conditions.
G.
Base course. After the subbase has been installed and approved by
the Town Engineer, three inches of Type 3 asphalt dense-binder base
shall be installed in accordance with all applicable parts of Section
400 of the Standard Specifications for Item 403-13 Type 3 dense binder.
(1)
All utility access structures, located in pavement, shall be set
to be flush with the base course pavement. The owner/developer shall
be responsible for the raising of all iron to the final finished grade
prior to top course paving.
(2)
The width of the pavement shall be 32 feet for eighty-four-foot streets
and 26 feet for all others. The Planning Board may require additional
widths to meet special circumstances.
H.
Top course.
(1)
The top course or final wearing surface shall be 1 1/2 inches
of Type 7 asphalt concrete top installed in accordance with all applicable
parts of Section 400 of the Standard Specifications for Item 403-18,
Type 7 top course.
(2)
Unless specifically stipulated otherwise on the approved plans, the
top course shall not be paved in the same calendar year as the base
course.
(3)
A tack coat shall be applied to the base course prior to application
of the top course. The application of the tack coat shall comply with
all requirements of Section 407 and applicable portions of Section
702, including Table 702-9, of the Standard Specifications.
(4)
A truing and leveling course may be required, at the expense of the
owner/developer, prior to the top course paving.
(5)
Manholes, valve boxes and catch basin grates, located in pavement,
shall be raised to the level of the top course.
(6)
The owner/developer shall post a bond, renewable letter of credit
or cash to cover the cost of raising the manholes, valve boxes and
catch basin grates to the level of the top course or approved finished
lawn grade, depending on location, as well as cleaning, truing and
leveling, tack coat and top course paving, all in an amount approved
by the Town Engineer and the Superintendent of Highways.
I.
Core samples:
(1)
Upon completion and compaction of the base course pavement, core
samples shall be taken to verify the depth, compaction and type of
materials placed.
(2)
Core sampling and testing shall be performed by an independent laboratory
approved by the Town. All expenses associated with the taking and
testing of the core samples shall be borne by the owner/developer.
(3)
Core samples shall be taken along the street near the beginning and
ending points and at intervals of approximately 500 feet in each pass
of the paving machine. The exact location shall be determined in the
field by the Town Engineer, Superintendent of Highways or their designated
representative.
(4)
Stamped and signed results of the core samples shall be submitted
to the Town Engineer and the Superintendent of Highways for approval
before the street can be recommended for acceptance by the Town Board.
(5)
The average thickness of all core samples taken on any new street
shall be equal to or greater than the approved thickness for each
type of material. A deficiency of more than 1/4 inch in the asphalt-dense-binder-base-course
thickness will be made up by increasing the top course pavement by
a corresponding amount. Any deficiencies in the subbase materials
of 1/2 inch or more of thickness, compaction or the type of material
placed shall be grounds for rejection or remedial procedures as determined
by the Town Engineer or Superintendent of Highways.
(6)
For good cause, the Town Engineer or the Superintendent of Highways
may waive compliance with any part of the provisions of this section.
J.
Compaction. Acceptable compaction of the hot-mixed asphalt will be
determined by comparing the finished product to a laboratory-compacted
specimen obtained from the same asphalt mix as used on the project.
Final compaction or density shall be achieved before the material
cools to 185° F. (85° C.) or below. The target density shall
be 96% of the laboratory-compacted specimen with 4% air voids. Air-void
content of the finished product must be within a range of 3% to 7.5%
of the laboratory-compacted sample as a condition for acceptance of
new roads. The burden of proof for compliance and the associated expenses
shall be the sole responsibility of the developer/owner.
K.
Building construction. In order to permit building construction to
begin, the Town Board may accept a road prior to top course paving
if the following conditions are met:
(1)
After completion of the compacted three-inch dense-binder course,
the owner/developer has placed sufficient funds in escrow with the
Town to cover the future cost of the following items:
(2)
This procedure has received the recommendation of the Town Engineer
and confirmation of the Town Board.
(3)
All requirements of this article and all departments having jurisdiction
have been fulfilled.
L.
Conditions for paving.
(1)
Weather conditions and seasonal limitations. Bituminous asphalt concrete
mix shall not be placed on any wet surface or when the surface temperature
is less than that stipulated in the chart below or when weather conditions
will otherwise prevent the proper handling or finishing of the bituminous
mixtures as determined by the Town Engineer or the Town Superintendent
of Highways.
(2)
Pavement of any street which is to be accepted as a Town highway
must take place between May 1 and the last Thursday in October and
must meet the following surface temperature requirements based on
compacted nominal lift or course thickness.
|
Nominal Compacted Lift Thickness
|
Minimum Surface Temperature
|
|---|---|
|
3 inches or greater (75 millimeters)
|
40° F. (5° C.)
|
|
Greater than 1 inch (25 millimeters) but less than 3 inches
(75 millimeters)
|
45° F. (8° C.)
|
|
1 inch or less (25 millimeters)
|
50° F. (10° C.)
|
(3)
Seasonal limitations and weather conditions shall be strictly enforced
unless a written waiver is received from the Town Engineer and countersigned
by the Town Superintendent of Highways prior to paving, stating that
the above conditions shall be waived.
[Amended 11-20-2014 by L.L. No. 6-2014]
A.
All utility components to be accepted by the Town (usually water,
sanitary sewer and stormwater management systems) shall be installed
after the street has been graded to subgrade and before the geotextile
fabric and gravel base has been installed. Conduit for gas, electric
and cable and service laterals for water, sanitary sewer and stormwater
shall be installed at this time.
B.
Water.
(1)
Water mains are to be generally located five feet from the edge of
the pavement and laid with a five-foot cover over the top of the pipe.
Water main layout is to be approved by the Town Engineer.
(2)
A water service for each planned lot shall be installed to the property
line at approximately the center of the property and a curb stop (valve)
shall be installed at the same time to close off the water service
lateral until a building is constructed and connected.
C.
Sanitary sewers.
(1)
Sanitary sewer mains are to be located in the center of the proposed
street and are to maintain approximately an eight-foot-deep invert
line. Sewer main layout is to be approved by the Town Engineer.
(2)
A house lateral for sanitary sewer service for each planned lot shall
be installed to the property line at least 10 feet down grade from
the water service location. A cap shall be installed at the end of
the sanitary sewer lateral to close it off until a building is constructed
and connected.
(3)
Manhole frames and covers, catch basin grates and water valve boxes
located in the pavement are to be set at the same grade as the street
pavement and at the base-course elevation.
(4)
Manhole frames and covers, catch basin grates and water valve boxes
located outside the pavement limits are to be set even with the approved
finished landscape grade.
D.
Stormwater management systems.
(1)
Particular emphasis shall be placed on adequate drainage. Excessive
accumulation of surface water along the sides of the streets shall
be avoided.
(2)
Storm sewers.
(a)
Storm sewer mains are to be located approximately 24 inches
toward the street center line from the back of the curb or paved wing.
Layout is to be approved by the Town Engineer.
(b)
A house lateral for storm sewer service for each planned lot
shall be installed to the property line so that each building lot
and foundation drains for structures on said lot can be drained to
the storm sewers. Alternatively, and if approved, the site drainage
may be conveyed to a natural creek or stream.
(c)
Storm sewers may be either smooth-interior corrugated polyethylene
culvert and storm drain pipe or corrugated aluminum pipe of the thickness
stipulated by the Department of Public Works.
(3)
Catch basins shall be round, four-foot-inside-diameter, precast reinforced-concrete
manhole units in accordance with Section 604 of the Standard Specifications
and shall conform to the Typical Highway Cross Section Catch Basin
Detail (Appendix C).[1] The center-line location is shown on the cross-section.
Catch basins shall be located directly opposite the subdivision property
lines to avoid conflict with driveways.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(4)
For each building lot, foundation drains, sump pump lines, roof drains
and other surface drains must be connected to a storm sewer system
or discharged into a natural creek or stream. Discharge that surfaces
on a public street or right-of-way or that adversely affects other
properties is strictly prohibited. The subdivision plan shall show
drainage lines which provide for foundation drainage for each lot.
Pipe for individual lot use, which is located within the Town right-of-way,
shall be a minimum of four-inch diameter and shall be PVC-SOR 26 grade
or approved equal.
(5)
A thirty-foot permanent utility easement shall be dedicated to the
Town, to be maintained by the Town, whenever storm lines, which are
required for the mutual benefit of adjoining property owners, pass
through private property.
E.
Gas.
(1)
Gas mains are to be located within utility corridors as shown on
the Typical Highway Cross Section (Appendix A),[2] with installed provisions to service opposite properties
and maintain at least three feet of cover below the center line of
the street. Layout of mains and time of installation are subject to
approval by the Town Engineer.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
Conduit shall be used for all street crossings and shall be installed
after the street has been graded to subgrade and before the geotextile
fabric and the gravel base have been installed. The conduit shall
run the full width of the right-of-way and shall be marked with a
nondegradable plastic tape laid one foot above the conduit, with markings
indicating the type of utility to be placed in the conduit.
F.
Poles and wires.
(1)
In general, utility services shall be installed underground.
(2)
Underground electrical, telephone and television cables crossing
the street shall be laid with a three-foot cover below the center
line of the street.
(3)
Installment of aboveground utility poles requires approval of the
Planning Board and may be granted for good cause only. Power poles
and telephone poles placed at street crossings or running along the
road shall be placed on a line eight feet from the property line.
Layout is to be approved by the Town Engineer.
(4)
PVC conduit shall be required for all street crossings and shall
be installed after the street has been graded to subgrade and before
the geotextile fabric and the gravel base have been installed.
All of the requirements enumerated in this chapter
shall be performed and all of the utilities and work set forth in
this chapter shall be installed in accordance with standards, specifications
and procedures acceptable to the Town Engineer.
A.
Upon obtaining preliminary subdivision approval from
the Planning Board, the owner/developer may apply for a building permit
for the construction of one model home. Said model home may not be
sold nor will a certificate of occupancy be issued, until such time
as the roads and utilities are completed and accepted by the Town.
B.
No further building permits shall be issued on a proposed street until the final subdivision map has been filed and either all required improvements, up to and including placement of the base course of pavement, have been made to the satisfaction of the Town Engineer and the requirements of § 185-13K have been met or, security has been provided in a form and amount satisfactory to the Town Board and the Town Engineer for all remaining improvements.
A.
Adequate inspection shall be provided at all times
and during all phases of construction and shall be done under the
direction of the Town Engineer.
B.
The inspection service may be provided either by the
Town or by an engineer approved by the Town. However, the engineer
hired by the owner/developer to perform the design may not inspect
his or her own work on behalf of the Town due to a conflict of interest.
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 of payroll plus overhead
incurred by the Town.
C.
Written certification by a New York State licensed
engineer or surveyor will be required from the owner/developer certifying
to the Town (and, to the New York State Department of Environment
Conservation and the New York State Department of Health, if required)
that the road, water, sanitary sewer and stormwater management systems
were constructed in accordance with plans and 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 dense-binder elevation
and, upon completion of the road bed prior to paving, that the established
elevations of the bed are correct.
D.
Unless waived by the Town Engineer, the results of
soil tests shall be submitted and certified as to the type of subgrade
soil prior to placing of the subbase. Soil tests shall be taken at
least once for every 200 feet of road on each edge of the proposed
pavement and to a depth of five feet below the road center-line elevation
or to groundwater, whichever is less.
E.
The developer shall certify, in writing, under oath,
that all requirements of this article 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 Attorney prior to
such acceptance.
When the Town Board determines that extraordinary
hardship would result from strict compliance with the provisions of
this article 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, the
Town Board may waive compliance with the provisions of any part of
this article 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.
