[Added 3-19-2007 by L.L. No. 4-2007[1]]
[1]
Editor's Note: This local law also repealed
former Part 2, Street and Highway Construction and Dedication, as
amended.
This Part 2 is enacted to ensure all streets,
highways and other improvements constructed within the Town of Liberty
offered for dedication to the Town or intended to be private in use
meet the standards contained herein and have been reviewed and approved
by the Town Engineer and the Town Highway Superintendent.
A.
Application. Any person or persons proposing to dedicate
any streets, highways and other improvements to the Town of Liberty
shall submit to the Town Clerk of the Town of Liberty five copies
of a plan, prepared by a professional engineer, setting forth the
details of the proposed construction thereof. Said plan shall be submitted
prior to commencing the construction or reconstruction of the proposed
street, highway and improvements. As-built plans prepared by a professional
engineer shall also be required in those instances where existing
streets, highways and improvements are proposed for dedication. The
plan shall include all information necessary to document compliance
with this Part 2 and shall include, as a minimum, the following information.
(1)
A map at a scale of one inch equals 50 feet showing
the following:
(a)
The locations, distances and bearings of right-of-way
lines.
(b)
The locations of storm drainage systems and
devices.
(c)
The locations of any existing or proposed easements.
(d)
The location of utilities. Utility poles shall
be a minimum of 26 feet from the center line.
(e)
The locations and names of the record owners
of real property over which the street or highway passes, said properties
abutting on the street or highway proposed for dedication.
(f)
Street or highway names.
(2)
Plans, profiles and cross sections of the streets
or highways.
(3)
Detailed specifications for drainage facilities, erosion
control measures and stormwater management plan.
(4)
Detailed specifications for any bridges.
(5)
Documentation, in the case of proposed dedications,
regarding the identity of each property owner along the right-of-way
of the proposed street or highway or improvement and certification
that each such property owner has joined in the application for dedication
and that each such property owner releases any right to assert any
claim such property owner might otherwise have against any person,
persons, partnership, corporation or political subdivision by reason
of the dedication.
(6)
A filing fee in such amount as may be fixed from time
to time by resolution of the Town Board.
C.
Plan review.
(1)
No action shall be taken by the Town Board until such
time as the Town Planning Board and the Town Engineer have reviewed
the plan of the proposed dedication.
(2)
The Town Planning Board and the Town Engineer shall,
within 45 days of the Town Clerk's receipt of the application, review
said application and make recommendations to the Town Highway Superintendent.
(3)
The Town Highway Superintendent shall, within 60 days
of receipt of said recommendations:
(a)
Review the plans and make an inspection of the
street or highway site (the Town Highway Superintendent may request
the Town Engineer to assist with any inspection required by this Part
2).
(b)
Notify the applicant, in writing, of deficiencies,
if any, in the plan.
(c)
Recommend acceptance or rejection of the plans
to the Town Board.
(4)
The applicant shall make any necessary modifications
to the plan and resubmit the plans to the Town Highway Superintendent,
who shall have an additional 30 days' review, and if more than one
year shall elapse between the original filing date and the amendment
filing date, an additional filing fee shall be required.
(5)
Upon receipt of the Town Highway Superintendent's
recommendation to accept or reject the plans, the Town Board shall,
within 60 days, determine to either accept or reject the plans. The
Town Board may make its own inspection of the street or highway site
prior to taking action. If the plans shall be rejected for any reason,
the applicant shall be notified, in writing, within 15 days of the
reasons for rejection and the manner in which the plans may be modified
in order to be reconsidered. The applicant may request a conference
with the Town Board and Town Highway Superintendent to review the
reasons the plans were rejected and the manner in which the same may
be modified, which conference shall take place at the earliest date
convenient to the Town Board. If the plans are accepted, the applicant
shall be so notified and may proceed with construction pursuant to
this Part 2.
D.
Construction procedure.
(1)
The construction or reconstruction of any streets,
highways and improvements shall be in conformance with the approved
plans.
(2)
Prior to the initiation of construction or reconstruction,
the applicant shall propose an inspection schedule to the Town Highway
Superintendent for approval. The inspection schedule shall include
inspections adequate to ensure compliance with this Part 2. Inspections
shall be required at all phases of construction to verify compliance
with the approved plans at the time of the final inspection. At a
minimum, inspections will be made at the completion of the subgrade
prior to placement of the subbase, the subbase prior to placement
of pavement, and during the paving process.
(a)
If the subgrade preparation is deemed insufficient
in specific areas, the Town Highway Superintendent and/or Town Engineer
may require these areas to be removed and replaced with suitable material,
the installation of geotextile stabilization or filter fabric and
the placement of underdrains.
(b)
The Town Highway Superintendent and/or Town
Engineer shall require compaction tests be conducted of subgrade or
the in-place subbase material at the applicant's expense.
(c)
After the placement of the asphalt concrete,
the Town Highway Superintendent and/or Town Engineer shall require
corings be taken at the applicant's expense to verify the full depth
of pavement and subbase.
(d)
The Town may require, at the applicant's expense,
full-time construction inspection.
(3)
The applicant shall provide a minimum of two working
days' notice prior to the time for each inspection required in the
inspection schedule.
(4)
If the Town Highway Superintendent determines construction
is not in compliance with the approved plans, all construction shall
be terminated until such time as the identified deficiency is corrected.
E.
Dedication procedures. When streets, highways and
improvements are proposed for dedication and are constructed in compliance
with the standards of this Part 2, the Town Highway Superintendent
shall make a final inspection and report such completion to the Town
Board. Once the Town Board receives such report from the Town Highway
Superintendent, the following procedure shall be utilized to complete
dedication:
(1)
The applicant shall provide to the Town Board three complete sets on Mylar and three complete sets on paper of all plans for the streets, highways and improvements, which shall be certified thereon by a licensed professional engineer as "as-constructed plans." The as-constructed plans shall include a statement by the licensed professional engineer certifying the roads as constructed are within the planned right-of-way. The plans shall include the information required by § 128-9A(1) of this Part 2.
(2)
The date of completion of the improvements shall be
established by the Town Highway Superintendent and confirmed by the
Town Board.
(3)
No streets, highways or improvements shall be accepted
by the Town Board for dedication until one year from the date of completion
has passed. During such one-year period, the applicant shall be responsible
for all maintenance and repair of and snow and ice removal from the
streets, highways and improvements proposed for the dedication.
(4)
At the end of the aforesaid one-year period, the Town
Highway Superintendent shall conduct an inspection of the improvements
and certify to the Town Board as to the condition, integrity and functioning
of the streets, highways and improvements. The applicant's professional
engineer shall also certify as to the condition, integrity and functioning
of the streets, highways and improvements in conformance with the
approved plans and the requirements of the Town of Liberty. Any deficiencies
shall be corrected by the applicant at the applicant's sole cost and
expense.
(5)
Following the aforesaid one-year period and upon the
final certification by the Town Highway Superintendent and the applicant's
professional engineer of compliance by the streets, highways and improvements
with this Part 2, the Town Board shall accept the improvements for
dedication upon the receipt of the following from the applicant:
(a)
Maintenance security in the amount of 25% of
the cost of the construction of the improvements as certified by the
applicant's professional engineer and accepted by the Town Engineer.
Such security shall comply with § 277 of the Town Law and
shall be satisfactory to the Town Attorney as to form, sufficiency,
manner of execution and surety. The term of the security shall be
for 12 months from the date of acceptance of dedication by the Town
Board. Upon the failure of the street, highway or any of the improvements,
the Town shall have use of the security to make any necessary repairs.
If the security is insufficient to complete the repairs, the Town
shall institute legal or equitable action against the applicant to
recover the amount of the insufficiency for which the applicant shall
remain liable.
(b)
Deeds for the streets, highways and all improvements,
which shall be of a bargain and sale type with covenants against grantors
acts and shall convey to the Town of Liberty all lands in fee simple.
(c)
A certificate of title and a title insurance
policy in such amount as shall be determined by the Town Board and
as shall be satisfactory to the Town Attorney as to form, sufficiency,
manner of execution and surety.
F.
Waiver of requirements. The Town Board shall have
the authority to waive, vary or modify any of the requirements, procedures
and standards set forth in this section, provided that any such waiver,
variation or modification shall be no less protective of public health,
safety and welfare.
Streets, highways and improvements constructed
within and for dedication to the Town of Liberty or to remain private
in use shall be constructed to the standards contained in this section
and the laws, rules and regulations of the Town of Liberty pertaining
to the subdivision of land.[1] In the event of any inconsistency between the standards
of this section and the subdivision laws, rules and regulations, the
more stringent standard shall apply.
A.
Rights-of-way. Rights-of-way shall be provided as
follows for streets, highways or roads as defined by the subdivision
laws, rules and regulations:
|
Type of Road
|
Minimum Width
(feet)
| |
|---|---|---|
|
Major
|
60
| |
|
Collector
|
50
| |
|
Minor
|
50
|
B.
Geometric requirements.
(1)
All streets, highways and roads shall be designed
following generally accepted highway engineering principles.
(2)
Street jogs with center-line offsets of less than
125 feet shall be avoided.
(3)
In general, all streets, highways and roads shall
intersect each other so that, for a distance of at least 150 feet,
the street, highway or road is approximately at right angles to the
street, highway or road it intersects.
(4)
The street, highway or improvement plan shall bear
a logical relationship to the topography of the property and, if building
sites are proposed along said proposed street, highway or improvements,
it shall be arranged so as to obtain as many of the building sites
as possible at or above the grade of the streets.
(5)
Street, highway or road grades.
(a)
Profiles.
[1]
No grade shall be less than 0.5% or exceed the
following, with due allowances for reasonable vertical curves:
|
Type of Road
|
Maximum Grade
| |
|---|---|---|
|
Major traffic streets, highways and roads
|
6% (up to 8% for 250 feet)
| |
|
Collector streets
|
8% (up to 10% for 250 feet)
| |
|
Minor streets, highways and roads
|
10% (up to 12% for 250 feet)
|
[2]
Streets, highways and roads shall have a grade
not to exceed 3% for a distance within 75 feet of the right-of-way
line of any intersecting street, highway or road.
(b)
Cross section. All roads will be constructed
to the requirements of the attached typical cross section.[2] The gradients of streets, highways and roads shall be
no less than 0.5% without curbs and gutters and 0.3% with curbs and
gutters. The Town Engineer may require that super elevations be incorporated
in horizontal curves.
[2]
Editor's Note: The cross section is on file
in the Town offices.
(c)
Minimum vertical and horizontal visibility (measured
3.75 feet eye level to stationary object 0.5 feet above ground level)
for curves:
|
Type of Road
|
Minimum Visibility
(feet)
| |
|---|---|---|
|
Major streets, highways and roads
|
500
| |
|
Collector streets, highways and roads
|
300
| |
|
Minor streets, highways and roads
|
300
| |
|
Streets, highways and roads shorter than 500
feet
|
150
|
(6)
All right-of-way lines at intersections shall be rounded
by curves of at least a twenty-foot radius, and curbs, if required,
shall be adjusted accordingly.
(7)
A tangent of at least 100 feet shall be introduced
between reversed curves on all streets, highways and roads.
(8)
All dead-end streets, highways and roads intended
to remain so permanently and such others as may be designated by the
Town Highway Superintendent and/or Town Engineer shall terminate in
a surfaced circular turnaround having a minimum pavement radius of
60 feet with a minimum right-of-way radius of 70 feet.
C.
Construction of roadway.
(1)
General.
(a)
The applicant shall establish and clearly mark
the side of the limits of the right-of-way and location and elevation
of drainage structures. Such markers shall be maintained at the applicant's
expense until construction of the roadway, drainage and shoulder have
been completed and accepted by the Town of Liberty.
(b)
Monuments. Concrete monuments or other permanent
markers shall be installed every 300 feet on both sides of the right-of-way
and all property lines.
(c)
Unless otherwise directed, in writing, by the
Town Highway Superintendent and/or Town Engineer, final grading of
the right-of-way and construction of pavement shall be delayed until
all utilities, including house connections, have been installed and
backfill in trenches has been thoroughly compacted. Earth shoulders
and flow lines of ditches shall be maintained at all times at the
applicant's expense during the course of construction.
(d)
Samples of materials to be used in the construction
of the roadway shall be furnished to the Town Highway Superintendent
and/or Town Engineer. The applicant shall be required to pay for any
standard engineering tests which the Town Highway Superintendent shall
deem necessary.
(e)
The Town Highway Superintendent and/or Town
Engineer shall be granted full access to any construction taking place
under these specifications and shall be allowed to take any standard
engineering field test which may be appropriate.
(f)
All thicknesses called for are compact thicknesses.
(h)
Guide rails shall be installed at locations
directed by the Town Highway Superintendent and/or Town Engineer in
accordance with the New York State Department of Transportation standards
in effect at the time of installation.
(i)
All signs installed shall be in conformance
with the New York State Manual of Uniform Traffic Control Devices.
(2)
Earthwork.
(a)
Clearing and grubbing.
[1]
Clearing and grubbing shall consist of clearing
the area of all vegetation and shall be limited to that area to be
covered by the roadway proper, shoulders, side slopes and ditches.
[2]
All cleared material shall be removed from the
development or otherwise disposed of in a manner approved by the Town
Board.
(b)
Subgrade. Prior to any excavation and/or embankment
operation, all soil erosion and control measures shall be installed
in accordance with the subdivision plans, the stormwater pollution
prevention plan and to the satisfaction of the Town Highway Superintendent
and/or Town Engineer. The subgrade prior to placement of the subgrade
shall meet the requirements of § 203-2.02 of the New York
State Department of Transportation Standard Specifications. All rock
and boulders larger than six inches in diameter shall be excavated
12 inches below finished subgrade of the roadway. All topsoil or otherwise
soft or unstable material, including organic or frozen material, shall
be removed from within the roadway, shoulders and ditches and shall
be replaced with suitable borrow. Fill required to complete the approved
grades shall be acceptable to the Town Highway Superintendent and/or
Town Engineer.
[2]
If the subgrade preparation is deemed insufficient
in specific areas, the Town Highway Superintendent and/or Town Engineer
may require those areas to be removed and replaced with suitable materials,
the installation of geotextile stabilization or filter fabric and
the placement of underdrains.
(d)
Subbase. The subbase shall be 12 inches thick
consisting of an eight-inch bottom course meeting NYSDOT Subbase Course
Type 3 and a four-inch top course meeting NYSDOT Subbase Course Type
2. The subbase shall not be installed during rain, when the subgrade
is wet, or when the subgrade is frozen. The subbase will be thoroughly
compacted. The Town Highway Superintendent and/or Town Engineer shall
require compaction tests to be conducted at the owner's expense.
(e)
Surfacing. Travel lanes (10 feet wide each)
shall be surfaced with five inches of hot-mix asphalt concrete. The
bottom course shall consist of three inches of NYSDOT Type 3 binder.
The top course shall consist of two inches of NYSDOT Type 6 top. Shoulders
will be surfaced with NYSDOT Type 2 subbase material. All surfaces
will be thoroughly compacted. After placement of the asphalt concrete
pavement, the Town Highway Superintendent and/or Town Engineer shall
require, at the owner's expense, corings be taken to insure the proper
thickness of the road section. Construction not meeting the typical
cross section will be rejected.
(3)
Design and construction of drainage structures.
(a)
All drainage facilities with a waterway area
of 25 square feet or less shall be designed to accommodate runoff
for a storm of ten-year frequency.
(b)
Drainage structures with a waterway area over
25 square feet will be designed by a professional engineer and shall
be capable of carrying the runoff from a storm of twenty-year frequency.
(c)
In no event shall the diameter of a sluice pipe
be less than 15 inches.
(d)
Drainage channels shall be designed following
generally accepted hydraulic engineering principles. Channels shall
be normally of trapezoidal cross section with side slopes of two feet
on one foot.
(e)
The banks on both sides of drainage facilities
and bridges servicing a stream or larger water source shall have rip-rapped
construction of the banks beyond the head walls. The amount of rip-rap
required shall be determined by the Town Highway Superintendent.
(f)
Material used for drainage structures shall
be approved by the Town Highway Superintendent and/or Town Engineer.
(4)
Turf establishment. All disturbed areas shall be designated
for turf establishment. All disturbed areas will be seeded within
three weeks after reaching final grade.
(5)
Signs and street names. Any proposed street name shall
be approved by the Town Board of the Town of Liberty. In general,
streets shall have names and not numbers or letters. The applicant
shall pay for the cost of obtaining and installing approved street
signs and sign posts.
(6)
Utilities.
(a)
Wherever possible, utilities shall be underground
and shall be placed in the street right-of-way between the ditches
and outside boundary of the right-of-way to simplify location and
repair of lines when they require attention.
(b)
Whenever it is necessary that utilities cross
the roadway, they shall do so at a right angle to the roadway.
D.
Variations. Variations to the standards contained
herein may be approved by the Town Board on the recommendation of
the Town Highway Superintendent in cases where unreasonable hardship
would result from strict application of the standard, the level of
traffic and use would warrant a lesser standard or the interests of
safety would be better served by a different standard.
A.
Interpretation. The provisions of this Part 2 in their
interpretation and application shall be held to the minimum requirements
for the promotion of the public health, safety and general welfare.
B.
Conflict. This Part 2 is not intended to interfere
with, abrogate or annul any other ordinance, law, rule, regulation,
statute or provision of law. Where any of the provisions of this Part
2 impose restrictions or standards different than any other ordinance,
law, rule, regulation or other provision of law, whichever provisions
are more restrictive or impose higher standards shall control.
