[Amended 9-14-2009 by L.L. No. 6-2009]
A. Performance security. Unless the offeror shall construct
the entire road and related improvements in accordance with this article
before offering the same to the Town, prior to the start of construction
of any road or at the time designated in the subdivision regulations, if applicable, the offeror shall post performance security
with the Town either in the form of a bond of an acceptable surety,
an irrevocable letter of credit, negotiable government bonds, cash
or bank or certified funds drawn on a national or state bank to guarantee
construction of the improvements in compliance with the approved plans
and these specifications. The form of the performance security shall
be reviewed and approved by the Town Attorney. Where such proposed
road is subject to the subdivision regulations of the Town, procedures
for posting the performance security shall also comply with those
regulations. The amount of the performance security shall be based
on current municipal construction costs and shall be reviewed and
approved by the Town Engineer and approved by the Town Board.
B. Maintenance security. The offeror shall post maintenance
security with the Town either in the form of a bond of an acceptable
surety, an irrevocable letter of credit, negotiable government bonds,
cash or bank or certified funds drawn on a national or state bank
to guarantee that for a period of one year from the date of acceptance
of the dedication of the road by the Town Board, the developer will
maintain the road to the standard of construction set by these specifications,
normal wear and tear excepted. This shall mean that the offeror will,
at its own expense, repair and make good any defects or damage which
may develop during this maintenance period as result of faulty construction
within the right-of-way or as a result of other construction, by the
offeror or others. 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 operations
of others. The amount of the maintenance security shall be determined
by the Town Engineer and shall be equal to 10% of the original amount
of the performance security. The provisions of this article concerning
review and acceptance of the form of the performance security shall
be applicable to the form of the maintenance security.
Where surface water from roads must lead through
other than gutters and storm drains or existing stream channels outside
the right-of-way, permanent drainage easements having a minimum width
of 20 feet shall be provided to a point where a natural watercourse
exists. In some cases this may include easements over property outside
the boundaries of the subdivision involved. Natural stream or ditch
channels shall have a minimum of twenty-foot-wide permanent easements
and be shown on the proposed plans of the subdivision. All permanent
easement lines shall be monumented as a right-of-way.
At their discretion, the Planning Board may
require that paved gutters be constructed the entire length of the
proposed street on both sides. Such paved gutters shall be considered
as part of the construction of shoulders after the street pavement
has been laid. Grading of shoulders and paved gutters shall be simultaneous,
being shaped and rolled just prior to the application of the bituminous
concrete (asphalt) for shoulders and paved gutters. The grades on
paved gutters shall be maintained relative to the center line elevation
to ensure positive runoff of surface water. It would be noted that
the foundation course of the street pavement extends to the outer
edge of the paved gutters.
All materials used as part of the road structure
are subject to the approval of the Town Highway Superintendent and
the Town Engineer. Prior to the delivery of any materials or the construction
of any work, the offeror shall submit to the Town Engineer data and
testing results, and samples if requested, for all materials proposed
to be used. No material shall be delivered or placed until the proposed
materials have been accepted.
After the foundation course has been inspected,
proof rolled, and accepted by the Town Highway Superintendent and
the Town Engineer, and found to be at a grade allowing the proper
depth of finished pavement, the following shall be laid:
A. Hot-mix asphalt concrete pavement.
(1)
Material.
(a)
The base course shall consist of a hot-mix asphalt
concrete, conforming in all respects to the requirements for base
course, Type 1, as stated in the New York State Department of Transportation
Standard Specifications - Construction and Materials, Section 401
(latest edition). A hot-mix base course shall be constructed on a
prepared base in accordance with these specifications and in conformance
with the lines, grades, thicknesses and detail shown on the typical
cross sections for the type of road involved, as shown on the figures
provided with this specification.
(b)
A hot-mix base course shall consist of aggregates,
filler, if required, and bituminous material proportioned in accordance
with Table 401-1 of the New York State Department of Transportation
Standard Specification for a Type I dense base course.
(2)
Placement.
(a)
Pavement shall not be placed on any wet surface,
any soft surfaces or when the surface temperature is less than 45°
F. Temperature shall be measured on the surface where the paving is
to be placed and the controlling temperature shall be the average
of three temperature readings taken at locations 25 feet, plus or
minus, apart.
(b)
The roadway surface to be covered shall be free
from holes, depressions, bumps, waves and corrugations. Any unsuitable
surface areas shall be repaired by replacement of the unstable materials
or by patching with a material to produce a tight surface having the
same elevation as the surrounding surface.
(c)
All equipment and the condition of the equipment
shall meet the approval of the Town Highway Superintendent.
After the base course has been placed, inspected
and approved by the Town Highway Superintendent, one of the following
two top courses shall be laid (selection in accordance with road classification):
A. Hot-mix asphalt concrete pavement.
(1)
Material.
(a)
The finish course shall consist of a hot-mix
asphalt concrete, conforming in all respects to the requirements for
top course, Type 6F, as stated in the New York Department of Transportation
Standard Specification — Construction and Materials (latest
edition).
(b)
A hot-mix finish course shall be constructed
in accordance with these specifications and in conformance with the
lines, grades, thicknesses and detail shown on the typical cross sections
for the type road involved, as shown on the figures provided with
this specification.
(c)
A hot-mix finish course shall consist of aggregate,
filler, if required, and bituminous material proportioned in accordance
with Table 014-1 of the State Specification for a Type 6F dense granular
top course.
(2)
Placement. Pavement shall not be placed on any wet surface or when the surface temperature is less than 45° F. Temperature shall be measured as noted in §
130-14.2A(2) of this specification.
B. Double bituminous surface treatment (alternate finish
course).
(1)
Material.
(a)
Only when approved by the Town Highway Superintendent
and the Town Engineer and only for minor roads, an alternate finish
course consisting of a double bituminous surface treatment wearing
course shall be permitted. Such alternate finish course will only
be permitted when the base course has been constructed at the thickness
associated with this alternate pavement structure. All work shall
be performed per the detail shown on the typical cross sections, as
shown on the figures provided with this specification.
(b)
The bituminous material required for the surface
treatment shall meet the requirements of New York State Department
of Transportation Section 702, Bituminous Materials, and shall be
an asphalt emulsion.
(c)
The aggregate for surface treatments shall be
crushed stone, meeting the requirements of New York State Department
of Transportation Section 703-02, Coarse Aggregates. In addition,
any aggregate used for surface treatments on pavement shall not contain
more than 5% Chert. The aggregate size for the first course shall
be No. 1 and the second course shall contain aggregate size No. 1A.
(2)
Placement.
(a)
Bituminous material shall not be applied on
a wet surface, when the air temperature is below 50° F. or greater
than 95° F., unless otherwise permitted, or when weather conditions
would prevent the proper construction of the surface treatment. The
following equipment shall be required:
[1]
Bituminous material distributor.
[2]
Pneumatic rubber tire roller.
(b)
The bituminous material distributor shall be
so designed, equipped, maintained and operated that the bituminous
material at even heat can be applied uniformly on variable widths
of surface up to 15 feet at readily determined and controlled rates
from 0.05 to 2.0 gallons per square yard, with uniform pressure, and
with an allowable variation from any specified rate not to exceed
0.02 gallon per square yard. Distributor equipment shall include a
tachometer, accurate volume measuring devices or a calibrated tank
and a thermometer for measuring temperatures of tank contents. Distributors
shall be equipped with a power unit for the pump and full circulation
spray bars adjustable laterally and vertically.
(c)
The distributor and/or transport shall be equipped
with a sampling valve so designed and installed as to be nonclogging
and safe. When samples are taken through such valves, they shall be
considered representative of all material in the tank.
(d)
The pneumatic rubber tire roller shall be self-propelled
and have oscillating wheels with smooth-tread tires. The tire or contact
pressure shall be as acceptable to the Town Highway Superintendent.
The roller shall be operated at a maximum speed of five miles per
hour.
(e)
The bituminous material distributor and aggregate
spreader shall be subject to the acceptance of the Town Highway Superintendent.
(f)
The surface shall be free from irregularities
to provide a reasonably smooth and uniform surface to receive the
treatment. Areas which are stable and firm and require one inch or
less in thickness to patch or shape the surface may be patched with
surface treatment materials. Unstable and/or corrugated areas shall
be removed and replaced. Areas requiring replacing, patching or shaping
in excess of one inch in thickness shall be constructed with materials
acceptable to the Town Highway Superintendent and the Town Engineer.
(g)
A power broom shall be used to clean any loose
material from the pavement surface before the bituminous material
is applied. Manhole covers, drop inlets, catch basins and any other
structures within the roadway area shall be protected against the
application of the surface treatment materials.
(h)
Bituminous material shall be applied by means
of a pressure distributor in a uniform, continuous spread over the
section to be treated and within the temperature range specified.
The quantity of bituminous material to be used shall be 0.5 gallon
per square yard for the first course and 0.4 gallon per square yard
for the second course for the indicated aggregate gradation, unless
otherwise approved. A strip of building paper at least three feet
in width and with a length equal to that of the spray bar of the distributor,
plus one foot, shall be used at the beginning of each spread. If the
cutoff is not positive, the use of paper may be required at the end
of each spread. The paper shall be removed and disposed of in a satisfactory
manner. The distributor shall be moving forward at proper application
speed at the time the spray bar is opened. Any skipped areas or deficiencies
shall be corrected. Junctions of spreads shall be carefully made to
assure a smooth riding surface.
(i)
The length of spread of bituminous material
shall not be in excess of that which trucks loaded with cover coat
material can immediately cover.
(j)
The spread of bituminous material shall not
be more than six inches wider than the width covered by the cover
coat material from the spreading device. Under no circumstances shall
operations proceed in such a manner that bituminous material will
be allowed to chill, set up, dry or otherwise impair retention of
the cover aggregate.
(k)
The distributor, when not spreading, shall be
parked so that the spray bar or mechanism will not drip bituminous
material on the surface of the traveled way.
(l)
Immediately following the application of the
bituminous material, cover aggregate shall be spread in the range
of 15 to 25 pounds per square yard for the indicated aggregate, unless
otherwise approved. Spreading shall be accomplished in such a manner
that the tires of the trucks or aggregate spreader at no time contact
the uncovered and newly applied bituminous material.
(m)
Immediately after the cover aggregate is spread,
any deficient areas shall be covered by additional material. If the
application of the aggregate cover by the spreader is not uniform,
the Town Highway Superintendent may require the contractor to use
a drag broom before rolling. Pneumatic tire rolling shall begin immediately
and shall be continued until three complete coverages are obtained.
(n)
Any free bituminous material on the surface
caused by a deficient amount of cover aggregate shall be covered in
such a manner so as not to displace imbedded material. Excess material
shall be swept from the entire surface by means of brooms. The surface
shall be swept at the time determined by the Town Highway Superintendent.
(o)
Traffic shall be discontinued on the lane being
surface treated, and as soon as the final layer is applied and rolled,
controlled traffic may be permitted thereon. Traffic shall be maintained
at a speed not to exceed 15 miles per hour for two to four hours after
rolling. The time and minimum requirements of traffic control shall
be as acceptable to the Town Highway Superintendent.
(p)
Sufficient time shall elapse between the completion
of the first course and the placing of the surface course so that
the bituminous material in the first course has time to set or cure.
All materials used as part of the road shall
be subject to the approval of the Town Highway Superintendent and
the Town Engineer. Prior to the delivery of any materials or the construction
of any work, the offeror shall submit to the Town Engineer data, test
results, manufacturer's literature and/or samples for all materials
proposed to be used. No material shall be delivered or placed until
the proposed materials have been accepted.
For purposes of standardization and proper,
timely and safe replacement, all manhole cover castings shall be Campbell
No. 1007C and shall be considered standard for supply on Marlborough
Town roads. Substitution of or-equal castings shall be only when approved,
in writing, by the Town Highway Superintendent.
No owner or occupant or other person shall place,
keep, permit or cause to be placed or kept on any sidewalk in front
of, adjoining or adjacent to such premises any goods, wares, merchandise,
boxes, barrels, display signs or material things of any kind or description
nor shall they in any manner obstruct any such sidewalk or in any
manner obstruct or interfere with the use of any such sidewalk. Nothing
contained in this article shall prevent such persons from placing
foods, wares or merchandise on the sidewalk temporarily while loading
or unloading the same, provided that it be done without unnecessary
delay and provided that such goods, wares or merchandise are not allowed
or permitted to remain on such sidewalks within the prohibited area
for a period longer than one hour.
[Amended 10-12-2010 by L.L. No. 7-2010]
A. A "private road" shall be defined as a road privately owned and maintained as an access way for between two to four lots, connecting to a public street. No more than four lots may be served by a private road. However, up to two additional lots may use the private road, if a private agreement so allows, provided that those two additional lots have the minimum required frontage under Chapter
155, Schedule I, of the Town Code on a public street or highway. Lots enjoying frontage variances on a public street or highway shall not be eligible to increase the number of lots on a private road. For purposes of the private road use count, no distinction shall be made between developed or undeveloped lots having the right to utilize said private road. However, the private road use count as addressed under this subsection must be considered prior to any building permit being issued for any lot. Excess lots on a private road shall not be eligible for a building permit. No subdivision shall contain more than one private road.
[Amended 8-13-2018 by L.L. No. 4-2018]
B. The owner of any lot or parcel that abuts an approved
private road shall be the fee owner to the centerline of the private
road along the full width of the lot or parcel. A proposed easement
as necessary to provide for ingress, egress and/or access to and over
a private road for all parcels on the private road shall be submitted
to the Planning Board for review and approval by the Planning Board
attorney prior to granting of final approval for any subdivision or
site plan application containing a private road.
C. In all cases, dimensions used in determining compliance
with zoning bulk, frontage and setback regulations shall be measured
from or along the right-of-way lines indicated for the private road.
D. Responsibility for maintenance.
(1)
Where a subdivision plat containing a private
road is approved and filed with the Ulster County Clerk, such subdivision
plat shall contain a note clearly stating that the subdivision contains
a private road which the Town of Marlborough has no responsibility
to maintain, nor provide services for, nor make any improvements to;
that all such costs shall be borne by the property owners approved
to use said road in accordance with the terms of maintenance declaration
or agreement, as referenced herein below.
(2)
All private roads will have provisions for the
maintenance of said private road, pertinent drainage facilities and
other improvements incorporated in a maintenance declaration or agreement
which shall be recorded in the Ulster County Clerk's office at the
time of filing of the subdivision plat and prior to the transfer in
ownership of any subdivision lot. A proposed private road maintenance
agreement shall be submitted to the Planning Board for review and
approval by the Planning Board attorney prior to granting of final
approval for any subdivision application containing a private road.
The private road maintenance agreement shall require the maintenance
of all aspects of the private road, including, but not limited to,
snowplowing, sanding, pavement repairs, maintenance and cleaning of
drainage structures and mowing, and shall provide that such maintenance
shall be the responsibility of the owners of the private road. Such
private road maintenance agreement shall further provide for an annual
safety access inspection for fire and emergency services. Private
road maintenance agreements shall not prohibit future modifications
to allow for extensions or upgrades to the private road. A copy of
the private road maintenance agreement shall be filed with the Town
of Marlborough Building Department and Ulster County Clerk.
(3)
A private road may not be offered for dedication to the Town of Marlborough unless the owners of the private road shall first have caused it to meet the current applicable street specifications in the Town of Marlborough, identified in Article
I of this chapter. In the event a private road is dedicated to the Town of Marlborough, the front lot line of all parcels adjacent to such road shall be located at least 25 feet from the centerline of the road.
(4) There shall be adequate provision for maintenance of private roads
serving multifamily residential developments, including condominium
or townhouse projects, by means of an acceptable homeowners' association
or similar entity.
E. Private road construction specification. If the Planning
Board shall authorize the construction of a private road in accordance
with the standards set forth in this chapter, said private road shall
at a minimum conform to the standards set forth below.
(1)
The maximum permitted length of a private road
to serve a proposed subdivision or multifamily residential development,
including a condominium or townhouse project, shall be determined
by the Planning Board upon a finding that such maximum length would
not be detrimental to the public health, safety, welfare and general
convenience.
(2)
The private road will have the subbase prepared
and compacted to the maximum density. Where grade alteration is required,
the same shall be by use of run-of-bank or other no-frost-susceptible
material, compacted to maximum density.
(3)
Said private road will have a base course which
conforms to the requirements for a minor road as set forth in this
chapter.
(4)
The paved portion of a private road shall not
be less than 24 feet in width and shall have, in addition, shoulders
three feet in width on both sides of the road, which shoulders shall
be compacted to maximum density, and shall also have a three-foot-wide
drainage swale adjacent to each shoulder.
(5)
The right-of-way reserved for all private roads
shall not be less than 50 feet in width; rights-of-way for culs-de-sac
shall not be less than 80 feet in diameter.
(6)
Dead end private roads shall end in a cul-de-sac;
said cul-de-sac shall have a finished surface being not less than
60 feet in roadway diameter. The maximum length of a private road
which ends in a cul-de-sac shall not exceed 2,000 feet.
(7)
No portion of any private road shall have a
grade exceeding 14% except that all work within the public road rights-of-way
shall conform to the appropriate standards of the agency having jurisdiction
over the same. Where the slope of a private road exceeds 10%, the
Planning Board may set reasonable requirements, including but not
limited to the provision of temporary parking areas, in order to protect
the public health, safety and welfare.
(8)
All side slopes of lands adjacent to the private
road within the private road right-of-way shall not be steeper than
a slope of 2:1. Alternate side slopes using alternate methods of stabilization
and control may be approved by the Planning Board on a case-by-case
basis.
(9)
If a private road is constructed over a place
where water runs regularly or intermittently underneath said road
or will be caused to do so as part of the proposed subdivision, coated
corrugated metal pipe (CMP) culvert or any alternative pipe materials
approved by the Planning Board shall be installed underneath the road
to permit the passage of water under said road. The size of such pipe
shall be as determined to be acceptable by the Town Engineer.
(10)
All private road names shall be approved by
the Town Board. Such road name shall be posted by street sign which
is identical in construction, character and manner of posting as those
currently installed by the Town of Marlborough for public roadways,
except that the sign shall also be equipped with a separate additional
sign of similar construction which identifies the road as a private
road.
F. Road plan for private roads.
(1)
A plan of the proposed private road shall be included in the
subdivision plat or site plan and shall be prepared by a qualified
professional engineer and/or qualified land surveyor licensed by the
state of New York for such design functions. The plan shall clearly
define the limits of the proposed private road and any necessary easements
by metes and bounds and shall include the location, widths, profiles
and grades of the proposed roadway, storm drainage, including culverts,
and other drainage structures and the location of all utilities.
(2)
Provisions for drainage and stormwater management shall be a
part of the engineering plan for construction of the private road.
No drainage districts shall be formed for the maintenance of such
drainage facilities. In the event one or more retention ponds are
included in such plans, their maintenance and the cost of such maintenance
shall be included in the private road maintenance agreement required
for the private road.
(3)
Plans for private roads approved by the Planning Board shall
not be altered without resubmittal and approval of the Planning Board.
G. Private road construction completion. If the Planning Board shall
authorize the construction of a private road in accordance with the
standards set forth in this chapter, said private road shall be completed
prior to the issuance of any building permit(s) for the approved subdivision
plat or site plan, except as provided below in this subsection. Construction
of the private road shall be completed within 36 months, or three
years, of the date of final approval of the subdivision plat or site
plan. Failure to complete construction within such time will require
a new application and review by the Planning Board. The Planning Board,
at its discretion, at the time of approval, may allow for issuance
of a maximum of one building permit prior to completion of the private
road. The posting of a performance security in lieu of such construction
completion is prohibited.
H. Inspection, escrow and certification.
(1)
The construction of the private road must be inspected by the
Town Engineer and Superintendent of Highways.
(2)
An initial escrow to cover the costs of such inspection must
be established in the amount of $5,000, which escrow shall not be
allowed to fall below the amount of $1,000 and which shall be replenished
to an amount agreed upon between the applicant and the Town Engineer.
(3)
Upon completion of the private road, the applicant shall provide
a certification to the Town by a professional engineer and/or licensed
land surveyor, in writing, stating that this authorized representative
has inspected all phases of the road construction and that that the
construction of the private road has been completed in accordance
with the approved plans and specifications in a workmanlike manner.
[Amended 2-9-2009 by L.L. No. 2-2009]
A. Final
decision as to the interpretation of any part of these road specifications
shall rest with the Town Highway Superintendent.
B. The
Town Board, after consultation with the Highway Superintendent, shall
have the authority to waive or to modify the requirements of these
specifications when, in its opinion, all of the following conditions
are applicable:
(1) Unique or peculiar conditions make it impracticable to follow the
strict letter of these specifications without causing significant
hardship to the property owner;
(2) Issuing the waiver or modification will not establish precedent which
tends to encourage efforts to avoid the standards established in this
chapter;
(3) The waiver or modification is not contrary to interests of public
health, safety and welfare; and
(4) The Town Board shall balance the interests of the public against
those of the applicant, and the Town Board must find that the detriment
to be suffered by the public, if any, by the granting of the waiver
or modification is not greater than the benefit to the applicant in
granting the waiver or modification.
C. Where
the requested waiver or modification affects a matter pending before,
formerly before, or foreseeable to come before the Planning Board,
no action shall be taken without providing the Planning Board with
opportunity to comment on not less than 30 days’ written notice.
Provisions of Chapter
130, Article
I, shall only apply to applications submitted to the Town of Marlborough Planning Board, Town Board, Zoning Board of Appeals or any other Town agency or department after the effective date of this article.