[HISTORY: Adopted by the Town Board of the
Town of Newburgh: Art. I, 12-26-1991 as L.L. No. 7-1991; Art. II, 10-17-1994 as L.L. No.
4-1994. Amendments noted where applicable.]
[Adopted 12-26-1991 as L.L. No. 7-1991]
A.
Due to the proliferation of private roads within the
town and the number of dwellings and other buildings and structures
thereon, the Town Board has determined that further regulation is
necessary to ensure the safety, health and welfare of persons and
property in the town. This Article establishes minimum acceptable
standards of street construction for private roads in the Town of
Newburgh and also establishes when those standards or stricter standards
apply. These minimum standards must be met and paid for by the person
proposing subdivisions or other developments utilizing private roads.
The specifications set forth in these standards include, but are not
limited to, width, profile, drainage and construction of the subbase
and pavement.
B.
The limitations on construction of private roads imposed
herein specifically do not apply to mapped, private roads in subdivisions
which have been finally approved by the Town of Newburgh Planning
Board and for which the final map has been filed in the office of
the Orange County Clerk prior to the adoption of this Article. Any
extension of a previously constructed private road designed to serve
additional lots not shown on a filed subdivision map shall be constructed
in accordance with the standards set forth in this Article.
[Amended 12-19-1994 by L.L. No. 7-1994]
A.
A plan of the proposed street shall be prepared by
a professional engineer or exempt land surveyor licensed by the State
of New York. The plan shall clearly define the limits of the proposed
right-of-way by metes and bounds and shall include the location, profile
and typical cross section of the proposed roadway. Storm drainage,
including culverts, drainage structures and all drainage and utility
easements, shall also be shown on the plan. The plan shall also indicate
the owner of the property and the name of the developer, if other
than the owner. The plan shall be submitted to the Town Planning Board
for review and approval with the subdivision in accordance with the
applicable subdivision regulations of the town.[1]
B.
Such roadway must not be subject to any right or easement
of others which will in any way interfere with its use as a road at
all times.
C.
The proposed roadway must be constructed to conform
to the minimum requirements and standards set forth below. The minimum
width to be cleared shall be as required to construct the road section
and shall include trees, rock formations, buildings, walls and any
such things that would endanger those using such roadway. The removal
of such obstructions shall be the responsibility of the applicant.
Plans submitted shall not be altered or amended
after having been approved by the Town Planning Board unless amended
plans are submitted and approved. However, the applicant, at his own
expense, shall provide additional storm drainage facilities or utilities
as may be ordered by the Town Planning Board if, during the course
of construction, the Town Planning Board or any other agency with
proper authority deems that additional structures or facilities are
necessary to prevent any need for future installations of utilities
or culverts within the pavement area so as to assure the durability
of the pavement, the future maintenance of the right-of-way or the
welfare and safety of the public.
A.
Common driveway. A common driveway is permitted to
serve no more than two (2) dwelling units, of which each half of the
right-of-way is in the same ownership as each dwelling unit. A common
driveway is not bound by these private road specifications unless
its configuration will allow it to possibly serve other lands, in
which case a fifty-foot-wide right-of-way must be provided.
B.
Private road.
[Amended 7-5-1994 by L.L. No. 1-1994; 12-19-1994 by L.L. No.
7-1994]
(1)
A private road shall be permitted to be constructed
only in the R-1, R-2, R-3, AR and RR Zoning Districts of the town.
Proposed private roads may serve any residential subdivision in the
town, provided that construction is in accordance with the standards
set forth in this Article. Private roads may be permitted to be constructed
as part of site development plans, including but not limited to condominiums,
in any zoning district, but the roads must conform to the minimum
requirements and standards set forth herein in accordance with plans
approved by the Town Planning Board. The Planning Board may use its
discretion to impose stricter requirements as part of its subdivision
or site plan approval. The extension of existing private roads serving
commercial properties shall not be permitted without improvement of
the existing road to the standards required for acceptance of dedication
of a road as a town highway.
(2)
Nothing contained herein shall be construed to limit
the town's discretion to accept or reject an offer of dedication of
a proposed town highway. The provisions of this section are intended
to supersede and amend §§ 276, 277, 278 and 280-a of
the Town Law of the State of New York, as hereinafter amended.
The area of the right-of-way for any private road shall be separate and distinct from the lots that are being served and shall not be included as part of any lot area for purposes of computation of minimum area and dimensions required for zoning, building permit or other regulatory purpose. (See the definition of "lot area" in Chapter 185, Zoning.) However, ownership of that portion of the proposed private road right-of-way that fronts any particular lot shall be in the same ownership as that of the lot served, subject to the right of each abutting owner to improve the road in the event that he determines to do so, which right should be reserved by deed covenant.
A.
Figure 1[1] shows the typical cross section for a private road. Figure
1 gives the minimum required design, dimensions and construction details
necessary to construct a private road.
[1]
Editor's Note: Figure 6 is included at the end of this chapter.
B.
The general and more detailed specifications follow
for design and construction which are applicable to all private roads.
C.
The applicant shall design and construct private roads
which shall conform to both the general and detailed specifications.
Where surface water from private 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 twenty (20) feet shall be provided to a point where
an existing drainage course exists. In some cases, this may include
easements over property outside the boundaries of the subdivision
involved. Natural stream or ditch channels shall have permanent easements
a minimum of twenty (20) feet wide and shall be shown on the proposed
plans of subdivision.
All private roads that have no outlet shall
be provided with culs-de-sac with a right-of-way diameter of one hundred
(100) feet and a pavement diameter of fifty (50) feet. This requirement
may be modified by formal resolution of the Planning Board if it finds
that compliance would cause unusual hardship or difficulties, provided
that the alternative turnaround is acceptable to the Town Engineer,
the public interest is protected and such requirements are imposed
by the Planning Board as will, in its judgment, substantially secure
the objectives of this standard to protect the health and safety of
the public.
B.
The applicant will obtain all necessary permits from
the town, the New York State Department of Environmental Conservation
and any other involved agency prior to performing any of this work.
C.
All stumps, roots, walls, building foundations and
other obstructions shall be excavated and removed from the above areas.
A.
The developer shall complete the shaping of the road
clearance area, streams and ditches and easement areas to the line
and grade as shown on the approved plans. During the course of road
construction, all topsoil, loam, rocks and organic material shall
be removed until a satisfactory subgrade is established. The developer
shall provide temporary soil erosion and water pollution control,
as required by applicable law, rule or regulation or as is required
for the establishment of turf, until the work is complete and turf
has been established. In fills of less than three (3) feet, all topsoil
shall be excavated and removed. All fills shall be made with material
acceptable to the Town Engineer. Such fills shall be made in layers
of not more than twelve (12) inches each and properly compacted with
a ten-ton vibratory roller, or equivalent, to obtain a minimum density
of ninety percent (90%) as compared to the standard proctor.
B.
The subgrade shall be shaped to the line and grade
with no depressions. The subgrade shall be stable in all respects
to the satisfaction of the Town Engineer.
The foundation course shall consist either of
a twelve-inch-thick course of run-of-bank (ROB) gravel or a six-inch-thick
layer of crushed blue shale topped with a six-inch-thick layer of
ROB gravel, as approved by the Town Engineer. It shall contain stones
no larger than three (3) inches in dimension and shall be well graded.
The ROB gravel shall be placed in one (1) layer, and it shall be thoroughly
compacted by rolling with a ten-ton vibratory roller or other equivalent
compaction equipment. After compaction, the subbase course shall be
fine graded to true line and grade in preparation for the wearing
course. The Town Engineer or his designee shall accept the condition
of the subbase prior to paving.
A.
The drainage system and culverts shall be designed
in accordance with established engineering principles. Plans for any
drainage structure, including but not limited to pipe culverts, either
existing or proposed, shall be submitted in detail to the Town Engineer
for approval. The minimum grade of any drainage pipe or culvert shall
not be less than one percent (1%). The approved plans shall show the
invert elevation of the inlet and outlet and the top of grate elevations
at all drainage structures. Any deviation from the approved plans
shall only be on approval of the Town Planning Board in writing. No
culvert pipe shall be less than fifteen (15) inches in diameter, except
for pipes under driveways in the ditch line, which may be a minimum
of twelve (12) inches in diameter.
B.
All drainage structures shall be of a size sufficient
to carry natural water runoff and stormwater and also that which may
be reasonably anticipated from future construction both from within
the subdivision and from adjoining properties which normally drain
across the area of the proposed subdivision. Additional or larger
culverts and drainage structures shall be installed and paid for by
the applicant.
If it is necessary to intercept and carry away
groundwater within the limits of the right-of-way to protect the stability
of the roadbed, underdrain shall be installed in accordance with standard
engineering principles. Perforated pipe or porous wall pipe having
a minimum diameter of four (4) inches encased in six (6) inches of
three-fourths-inch clean crushed stone or crushed gravel on all sides
of the pipe shall be used for such purpose in an amount deemed necessary
for such purpose.
Roof and cellar drains may discharge onto the
surface of the property if otherwise permitted by applicable law and
regulation but not onto the street right-of-way. With the approval
of the Town Highway Superintendent, in writing, these drains may be
piped to existing stormwater pipe drains, if any, to which they will
be connected on top only. Such drains must be installed prior to the
installation of the subbase. Drains from sanitary sewers or septic
tanks will not be permitted to flow into road ditches or storm drains
under any circumstances.
A.
All intersections with existing public roads shall
be constructed at right angles or as near as possible to right angles,
as determined by the Planning Board. Sight distance, edge of pavement
radii and other applicable design characteristics for intersections
are to be determined based on the criteria set forth in the latest
edition of Policy and Standards for Entrances to State Highways, published
by the New York State Department of Transportation.
B.
Where the private road intersects a town, county or
state highway, the plans will show the proposed type, length and diameter
of pipe and drainage flow along said highway. The pipe will be installed
and paid for by the applicant under the direction of the appropriate
agency. The applicant will obtain all necessary permits for such work.
C.
The grade of the intersecting private road with a
town highway shall be a negative two percent (-2%) from the edge of
pavement to the ditch line or right-of-way of the highway, whichever
is the greater distance. From this point to the interior of the property,
the maximum grade of the road shall be fifteen percent (15%). [Note
that if a private road were ever to become a public town highway,
the maximum road grade would be ten percent (10%).] The grade of the
intersecting road with a county or state highway will be in accordance
with the directives of the particular agency involved. In all cases,
the appropriate agency shall be notified of all intersections with
public highways for approval of location, grade and drainage structures.
D.
The above standards for intersecting private roads
with town highways shall also apply to intersections of driveways
with private roads.
The road cross section shall be as specified
in Figure 1 hereof.[1]
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
All stormwater culverts shall be designed for
a twenty-five-year storm. The applicant may use either reinforced
concrete pipe, corrugated PVC pipe, bituminous-coated corrugated steel
pipe or aluminum-clad pipe, at his option, for all closed drainage
systems. Reinforced concrete pipe shall meet Section 706-02 of the
New York State Department of Transportation Standard Specifications
(latest edition). Corrugated PVC pipe shall conform to the requirements
of AASHTO M-252 and M-294 and ASTM F-667. Corrugated steel pipe shall
conform to the requirements of AASHTO M36 and M190 and shall be of
appropriate gage thickness for the given condition. All drainage structures
(drop inlets, catch basins and manholes) shall be precast concrete
with appropriate frames and grates or covers. Pipes for driveway crossings
shall at least be twelve (12) inches in diameter and placed in the
ditch line. End sections shall be used.
Guide rail will be placed along the edges of
the shoulders where necessary due to severe dropoffs as determined
by the Town Planning Board, except that guide rail shall be required
whenever the height of embankment is greater than four (4) feet as
shown in Figure 1.[1]
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
All bituminous material furnished shall conform
to Section 400 of the New York State Department of Transportation
Standard Specifications Construction and Materials (latest edition).
A written, private road maintenance agreement
or declaration shall be submitted to the Town Planning Board prior
to granting final subdivision approval to any subdivision containing
a proposed private road. This agreement shall require that all maintenance
of the private road, including but not limited to snowplowing, sanding,
pavement repairs, cleaning of drainage structures and mowing, shall
be the responsibility of the owners of the private road. This agreement
shall be filed in the Orange County Clerk's office and in the Town
Building Inspector's office.
The applicant shall obtain written clearance
from the United States Postal Service and Town Clerk prior to submitting
the names of private roads to the Town Board for approval. The Planning
Board shall not grant final approval to a subdivision or site plan
until private road names have been approved by the Town Board. Street
signs bearing the approved road name, as well as any required stop
or yield signs, shall be furnished and installed by the applicant
prior to the issuance of any building permits in the subdivision being
served by said private road. A separate sign mounted on the same street
signpost by the applicant shall indicate "Private Road."
A.
Prior to the granting of final approval by the Planning
Board, the applicant shall deposit with the town, in an amount verified
by the Town Engineer as equal to the cost of construction of the private
road, subject to approval by the Town Board, one (1) of the following
performance guaranties, which must be approved by the Town Attorney
as to form:
B.
The performance guaranty will guarantee that, within
three (3) years, the applicant will complete all the construction
within the right-of-way, including the roadway, shoulders, curbs and
gutters, if any, storm drainage and other necessary appurtenances
in accordance with the approved plans and these specifications.
The Town Engineer, or his designated representative, will inspect the construction of all private roads. Fees must be paid prior to final subdivision approval and shall be as provided in Chapter 104, Fees.
Upon completion of construction of any private
road and prior to the release of the performance guaranty, the applicant's
engineer, licensed by the State of New York, shall submit, along with
the appropriate record drawings, a written certification to the Town
Board that the road was constructed in accordance with the approved
subdivision or site plans and these private road specifications.
Final decision as to the interpretation of any
part of these street specifications shall rest with the Town Planning
Board, which is hereby empowered, pursuant to Town Law § 280-a,
to require private roads to be improved to its satisfaction in accordance
with the standards and specifications approved by the Town Board herein.
[Adopted 10-17-1994 as L.L. No. 4-1994]
A.
It is the purpose of these specifications to establish
minimum acceptable standards of construction for roads offered to
the Town of Newburgh for dedication. These minimum specifications
must be met and paid for by the person or firm proposing the subdivision
development and/or site plan utilizing the road offered to the town.
The specifications set forth herein include but are not limited to
width, design, profile, drainage, utilities, construction of base
and pavement, shoulders, curbs and sidewalks (when included) and monuments.
B.
The limitations on construction of roads offered for
dedication to the Town of Newburgh imposed herein specifically do
not apply to mapped public roads in subdivisions, developments and
site plans which have been finally approved by the Town of Newburgh
Planning Board or other authorized authority for which a final map
has been filed in the office of the Orange County Clerk.
A.
A plan of the proposed road shall be prepared by a
qualified professional engineer licensed in the State of New York.
The plan shall clearly define the limits of the proposed right-of-way
by metes and bounds and shall include the location, widths, profiles
and grades, sight distance, utility information and typical cross
section of the proposed roadway. Two-foot contours shall be shown
for the proposed grading of the roadway. Where a proposed road intersects
an existing road, the approximate distance to the nearest improved
road intersection in both directions shall be noted on the plan. All
drainage facilities, including culverts, drainage systems and all
drainage and utility easements, shall be shown on the plan.
B.
The plan shall include all pertinent horizontal design
information relevant to the road center line, including but not limited
to the following: bearings and distances of all tangent sections,
point of curvature, point of tangency, delta, radius, arc length,
tangent length, chord bearing and distance along curved sections.
Also to be shown are all edges of pavements, roadway swales, guide
railing, storm drainage facilities, water and sewer systems and any
other information which may be required by town regulations. Road
stations shall also be shown along the center line and shall include
even one-hundred-foot stations and the stations of all road intersections,
points of curvature and points of tangency.
C.
The plan shall indicate the owner of the property
and the name of the developer, if other than the owner. Where applicable,
the road plans shall be submitted as part of the subdivision plans
to the Town Planning Board in accordance with applicable subdivision
regulations[1] of the town for review and approval by the Town Engineer
and the Town Superintendent of Highways. If a plan does not have to
be reviewed by the Town Planning Board, submission of the plans to
the Town Clerk is required, and the plans will be subject to review
and approval by the Town Engineer and the Town Superintendent of Highways.
Any proposed road that intersects with, drains toward or in general
affects any state or county road must be submitted to and approved
by those agencies.
D.
Profiles of the proposed road shall include all pertinent
design information, including but not limited to the following: point
of vertical curvature, point of vertical intersection, point of vertical
tangency, length of curve, sight distance, storm drainage profiles
and water and sewer systems and any other information which may be
required by town regulations.
E.
Any road offered to the town must not be subject to any right or easement to others which will in any way affect or interfere with its use as a road at all times. Such road must be granted to the town by a full covenant and warranty deed in accordance with the requirements as set forth in § 161-45 of these specifications. Permanent and temporary easements must be furnished in said deed granting to the town the right to maintain all outlets for surface water or natural stream drainage which will run from such roadway over private property to a point where a natural watercourse or swale exists and to which such outlet and easement will carry such water. Easements for utilities other than drainage systems are to be provided when it is impracticable to place the utility in the road right-of-way. Easements shall be designed to meet the requirements as set forth in § 161-31 of these specifications. Any easement not dedicated to the town shall be clearly marked with ownership and maintenance responsibility on the plan.
F.
The road must be constructed to conform to the minimum
requirements and standards as set forth herein.
Plans submitted shall not be altered or amended
after having been approved by the Town Engineer and the Town Superintendent
of Highways unless revised plans are resubmitted and approved. However,
the developer, at his own expense, shall provide additional storm
drainage facilities or utilities as may be ordered by the Town Superintendent
of Highways if, during the course of construction, the Town Engineer
or the Town Superintendent of Highways or any other agency with proper
authority deems that such additional structures or facilities are
necessary to prevent any need for future installations of utilities
or culverts within the road right-of-way or to assure the durability
of the pavement, the future maintenance of the right-of-way or the
welfare and safety of the public. If construction of any road has
not been started within one (1) year from the date of final approval
of the road plan, the plan shall be resubmitted for approval by the
Town Engineer and the Town Superintendent of Highways.
A.
The applicant shall obtain written clearance from
the United States Postal Service and Town Clerk prior to submitting
names of roads to the Town Board for approval.
A.
The developer shall establish and clearly mark on
site the limits of the road right-of-way and easements, the center
line and grade of the finished road pavement and the location and
elevation of all drainage structures, as shown on the approved plans,
with construction stakes. The construction stakes are to remain in
place until approved for removal by the Town Engineer and the Town
Superintendent of Highways.
B.
Permanent monuments shall be set along road and easement
rights-of-way at block corners, angle points, points of curves and
other points as the Town Engineer may require. The locations of the
monuments are to be noted on the plans.
C.
Monuments shall be concrete, granite or of a type
as approved by the Town Engineer and the Town Superintendent of Highways,
sunk at least twenty-four (24) inches deep. Concrete or stone monuments
shall be at least thirty (30) inches in length, five (5) inches square
at the top and six (6) inches square at the bottom. A map certified
by a licensed surveyor showing at least three (3) survey ties to each
monument shall be furnished to the town. Monuments shall be in place
on site prior to the road being offered for dedication.
A.
Permanent drainage easements shall be established
with a minimum width of twenty (20) feet. Easements shall be adequately
designed to provide area for the collection and discharge of stormwater.
In the case of streams or open channel drainage, the easement shall
encompass the channel plus one (1) foot freeboard above the one-hundred-year
storm event.
B.
Easements for other utilities shall be designed with
a minimum width of twenty (20) feet. All easements shall be adequately
designed to provide sufficient area for maintenance and repair of
the facility within the easement and the passage of equipment for
such work.
C.
Easements shall be located in such manner as to be
easily reached from the roadway. Where possible, they shall be centered
on or located along property lines. All easement sizes and locations
are subject to acceptance by the Town Engineer and the Town Superintendent
of Highways.
In front of areas zoned and designed for commercial/industrial
use or where a change of zoning to a zone which permits commercial/industrial
use is contemplated, the street width shall be increased by such amount
on each side as may be deemed necessary by the Town Engineer and the
Town Superintendent of Highways to assure the free flow of traffic
without interference by parked or parking vehicles and to provide
adequate and safe parking space for such commercial or business district.
Paving of these areas shall meet the requirements of the road classification
it is part of or as directed by the Town Engineer and the Town Superintendent
of Highways.
Where a watercourse or swale (natural or man-made)
separates an existing or proposed road from abutting property, provision
shall be made for access to all lots by means of culverts or other
structures of a design acceptable to the Town Engineer and the Town
Superintendent of Highways. Culverts or other structures shall be
required at any connection with existing or proposed roads if directed
by the Town Engineer and the Town Superintendent of Highways.
A.
The developer shall design and construct all driveways
within the limits of the right-of-way with sufficient sight distance
(to be noted on the plan) and with a grade no more than one (1) inch
per foot from edge of pavement or back of curb to the right-of-way
line. The minimum width of the driveway pavement at the road pavement
line or at the curbline shall be fifteen (15) feet, tapering to a
minimum of ten (10) feet at the right-of-way line. All driveways shall
have a six-inch subbase material foundation course with two (2) inches
Type 6F bituminous concrete top course mix from the edge of pavement
or back of curb to the right-of-way line which shall be applied during
or after the laying of the street pavement.
A.
Sidewalks are to be included on roads when required
or approved by the Town Board. When included, sidewalks shall conveniently
link dwellings to all possible generators of pedestrian traffic both
within and outside of the subdivision. Sidewalks generally will only
be required or approved on road sections with curbs. The sidewalk
shall be located such that the outside of the sidewalk is two (2)
feet from the inside of the right-of-way line. The inclusion of sidewalks
along a road may require a greater right-of-way width than that specified
herein to be dedicated to the town.
B.
In the event that sidewalks are required or approved
along open section roads, the location of the sidewalk may require
modification of the right-of-way width and/or the road section. Drainage
may be required to be enclosed in a piped system rather than swales.
Location of the sidewalk will be determined by the Town Engineer.
Curbs may be allowed with specific approval of the Town Board and are to be constructed in accordance with § 161-39L of these specifications.
The Town Planning Board, in conjunction with
the Town Engineer and the Town Superintendent of Highways, shall determine
and designate which of the following classifications each proposed
road shall be designed to meet. The following subsections and diagrams[1] show the cross section required for each road classification.
A.
Arterial or major roads. Requirements for arterial
or major roads shall be determined by applicable state or county authorities
on a site-specific basis. If the state or county authorities do not
specify a greater width, the minimum right-of-way width shall be one
hundred (100) feet, and the minimum paving width for residential or
commercial properties shall be forty-eight (48) feet. Design of shoulders,
drainage swales, base course and pavement courses shall be in accordance
with those required for a commercial collector road.
B.
Collector roads (no curbs).
(1)
Commercial and/or industrial roads.
(a)
Right-of-way: sixty (60) feet wide.
(b)
Pavement: twenty-four (24) feet wide.
(c)
Shoulders: eight (8) feet wide each side with
four (4) inches of stone fill over subbase or two and one-half (21/2)
inches of stone fill and one and one-half (11/2) inches top course
over subbase.
(d)
Drainage swales: two-foot minimum bottom width
with a minimum depth of twenty-four (24) inches, to be located on
at least one (1) side of the road but may be located on both sides
of the road for proper drainage.
(e)
Road base: twelve (12) inches subbase material
or six (6) inches subbase material over six (6) inches crushed blue
shale.
(2)
Residential roads.
(a)
Right-of-way: sixty (60) feet wide.
(b)
Pavement: twenty-four (24) feet wide.
(c)
Shoulders: five (5) feet wide each side with
four (4) inches of stone fill over subbase or two and one-half (21/2)
inches of stone fill and one and one-half (11/2) inches top course
over subbase.
(d)
Drainage swales: two-foot minimum bottom width
with a minimum depth of eighteen (18) inches, to be located on at
least one (1) side of the road but may be located on both sides of
the road for proper drainage.
(e)
Road base: twelve (12) inches subbase material
or six (6) inches subbase material over six (6) inches crushed blue
shale.
C.
Collector roads (curbs).
(1)
Commercial and/or industrial roads.
(2)
Residential roads.
D.
Local or minor road standards (no curbs).
(1)
Commercial and/or industrial roads.
(a)
Right-of-way: sixty (60) feet wide.
(b)
Pavement: twenty-four (24) feet wide.
(c)
Shoulders: five (5) feet wide each side with
four (4) inches stone fill over subbase or two and one-half (21/2)
inches of stone fill and one and one-half (11/2) inches top course
over subbase.
(d)
Drainage swales: two-foot minimum bottom width
with a minimum depth of twenty-four (24) inches, to be located on
at least one (1) side of the road but may be located on both sides
for proper drainage.
(e)
Road base: twelve (12) inches subbase material
or six (6) inches subbase material over six (6) inches crushed blue
shale.
(2)
Residential roads.
(a)
Right-of-way: fifty (50) feet wide.
(b)
Pavement: twenty (20) feet wide.
(c)
Shoulders: five (5) feet wide each side with
four (4) inches stone fill over subbase or two and one-half (21/2)
inches of stone fill and one and one-half (11/2) inches top course
over subbase.
(d)
Drainage swales: two-foot minimum bottom width
with a minimum depth of eighteen (18) inches, to be located on at
least one (1) side of the road but may be located on both sides of
the road for proper drainage.
(e)
Road base: twelve (12) inches subbase material
or six (6) inches subbase material over six (6) inches crushed blue
shale.
E.
Local or minor road standards (curbs).
(1)
Commercial and/or industrial roads.
(2)
[1]
Editor's Note: The diagrams are included at
the end of the chapter.
A.
Vertical alignment.
(1)
Vertical street alignments shall be measured along
the center line. The minimum grade allowed for all streets shall be
one percent (1%), and the maximum grades are as follows:
|
Classification
|
Maximum Grade
(percent)
| |
|---|---|---|
|
Arterial or major
|
5
| |
|
Commercial collector
|
5
| |
|
Residential collector
|
8
| |
|
Minor or local
|
10*
|
|
*NOTE: A waiver may be requested, subject to
Town Board approval, with the Town Engineer's and Town Superintendent
of Highways' consent, for a grade of twelve percent (12%) for a maximum
distance of five hundred (500) feet on minor or local roads where
a lesser grade is impracticable due to existing topography.
|
(2)
For all road classifications a grade of negative two
percent (-2%) will be required on the road that is considered the
intersecting road, the lower classification road or the road with
the stop condition within twenty-five (25) feet of the edge of pavement
of intersecting roads with a minimum vertical curve length of fifty
(50) feet, if one is required.
(3)
Vertical curves shall be designed to a parabolic form
and are required at all changes in vertical grades. Roller coaster,
hidden dip and broken back profiles are to be avoided. The minimum
distance between vertical curves shall be fifty (50) feet. Vertical
curves shall be designed to provide adequate sight distance and shall
be expressed by the following relationship:
|
L = KA
| ||
|
Where:
| ||
|
L = Minimum length of vertical curve in feet.
| ||
|
A = Algebraic difference in grades.
| ||
|
K = Constant.
| ||
(4)
The values for "K" shall be as follows:
|
Road Classification
|
Crest Curve
|
Sag Curve
| |
|---|---|---|---|
|
Arterial or major
|
310
|
160
| |
|
Commercial collector
|
160
|
110
| |
|
Residential collector
|
160
|
110
| |
|
Minor or local
|
50
|
50
|
|
NOTE: A waiver may be requested, subject to
Town Board approval, with the Town Engineer's and Town Superintendent
of Highways' consent, for vertical curves that do not meet the above
requirements if the site conditions make the design standards impracticable.
|
B.
Horizontal alignment.
(1)
Horizontal alignment of roads shall be such that any
road center line deflecting more than five degrees (5°) for major
or collector roads and more than ten degrees (10°) for minor or
local roads shall be connected by a curve. The minimum center-line
radius shall be as follows:
|
Road Classification
|
Minimum Center-Line Radius
(feet)
| |
|---|---|---|
|
Arterial or major
|
400 (unless otherwise specified by state or
county agencies having jurisdiction)
| |
|
Collector
|
250
| |
|
Local or minor
|
100
|
(2)
The outer road lines shall be parallel to the center
line.
(3)
A tangent equal to the minimum center-line radius
is required between all reverse curves. Single long radius curves
shall be used rather than a series of curves with varying radii.
(4)
The horizontal design of roads shall provide a minimum
stopping sight distance as listed below. This is measured from the
height of eye at three and five-tenths (3.5) feet to an object five-tenths
(0.5) feet high. The position of the driver's eye and the object sighted
are assumed to be six (6) feet inside of the inner edge of the pavement,
with the sight distance being measured along the arc between these
two (2) points. The sight line across the inner part of the curve
must be clear of all obstructions to the driver's eye.
|
Road Classification
|
Minimum Stopping Sight Distance
(feet)
| |
|---|---|---|
|
Arterial or major
|
1,000
| |
|
Commercial collector
|
500
| |
|
Residential collector
|
500
| |
|
Minor or local
|
300
|
|
NOTE: Minimum stopping sight distance is also
to be considered where there is a combination of vertical and horizontal
curves.
|
(5)
A waiver may be requested, subject to Town Board approval,
with the Town Engineer's and Town Superintendent of Highways' consent,
for horizontal designs that do not meet the above requirements if
the site conditions make the design standards impracticable.
C.
Intersection sight distance. Stopping sight distance
for vehicles on new roads or driveways entering new or existing roads
shall be measured from a point three and five-tenths (3.5) feet above
the ground at the new road or driveway at a point measured fifteen
(15) feet back from its intersection with the edge of pavement to
a point four and three-tenths (4.3) feet above the road at the point
sighted. Sight distances are to be noted on the plan and shall meet
the following requirements:
|
Road Classification
|
Minimum Intersection Sight Distance
(feet)
| |
|---|---|---|
|
Arterial or major
|
1,000
| |
|
Commercial collector
|
500
| |
|
Residential collector
|
500
| |
|
Minor or local
|
300
|
|
NOTE: A waiver may be requested, subject to
Town Board approval, with the Town Engineer's and Town Superintendent
of Highways' consent, for intersection designs that do not meet the
above requirements if the site conditions make the design standards
impracticable.
|
D.
Road intersections.
(1)
Road intersections involving the junction of more
than two (2) roads shall not be allowed without specific approval
of the Town Board.
(2)
Intersections of minor or local roads with arterial
or major roads shall be held to a minimum to avoid hazard and delay.
Such intersections shall be at least eight hundred (800) feet apart,
if possible. A minimum distance of at least one hundred fifty (150)
feet shall be maintained between the center lines of intersecting
roads in any case, whether they are on the same or opposite sides
of the roadway. Cross intersections are allowed.
(3)
The distance between the center lines of roads opening
onto the same or opposite sides of existing or proposed roads shall
not be less than one hundred fifty (150) feet. Cross intersections
are allowed.
(4)
In general, all roads shall join each other so that
for a distance of at least one hundred (100) feet the road is at right
angles to the road it joins. In no case shall the angle at the intersection
be less than seventy-five degrees (75°). At corners, the traveled
way shall be rounded with a curve having a radius of not less than
fifteen (15) feet for residential roads and not less than twenty-five
(25) feet for commercial and industrial roads.
(5)
All road right-of-way lines at intersections shall
be rounded by curves of at least a twenty-five-foot radius.
(6)
A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of a corner lot as indicated in § 185-17 of the Zoning Chapter shall be cleared of all growth (except isolated trees) and obstructions above the level of two (2) feet higher than the center line of the road. If directed, the ground shall be excavated to achieve visibility in this area.
(7)
Where appropriate, additional traffic lanes may be
required to facilitate vehicular turning movements at existing or
proposed road intersections. Such traffic lanes shall be designed
as directed by the Town Engineer and the Town Superintendent of Highways.
(8)
Intersections of streets or driveways onto state or
county roads are required to meet the standards of the New York State
Department of Transportation or the Orange County Department of Public
Works.
E.
Dead-end roads or culs-de-sac.
(1)
The creation of dead-end or loop residential roads
will be encouraged wherever such type of development will not interfere
with normal traffic circulation in the area. In the case of dead-end
roads, where needed or desirable, the reservation of a twenty-foot-wide
easement may be required to provide for continuation of pedestrian
traffic and utilities to the next road. Circular turnarounds will
be encouraged. T-type turnarounds will be allowed where they are temporary
or where extraordinary conditions or hardships exist. The paving section
of such turnarounds shall meet the requirements of the applicable
road classification.
(2)
Permanent dead-end roads or culs-de-sac shall not
in general exceed six (6) times the required minimum lot width and
shall be equipped with a turnaround roadway of one hundred (100) feet
and a minimum outside diameter of traveled way of seventy (70) feet.
Longer permanent dead-end roads may be approved if, in the opinion
of the Town Engineer and the Town Superintendent of Highways, topographic
conditions and land ownership patterns indicate that an alternative
design is not practicable.
(3)
Temporary dead-end roads shall not in general exceed
six (6) times the required minimum lot width and shall be equipped
with a turnaround which conforms to the requirements for a permanent
dead-end road. The temporary turnaround shall be provided with a notation
on the plan that land outside the normal road right-of-way shall revert
to abutting property owners whenever the road is continued.
F.
Provision for future resubdivision. Where a tract
is subdivided into lots substantially larger than the minimum size
required in the zoning district in which the subdivision is located,
such parcels shall be arranged so as to allow the opening of future
streets and logical further resubdivision in accordance with the requirements
contained in these regulations. A sketch plan to demonstrate future
access to all or any portion of the site may be required.
The general and detailed specifications contained
herein are applicable to all classifications of roads. The applicant
shall be responsible for designing and constructing roads which at
a minimum conform to these specifications.
A.
Clearing and grubbing.
(1)
The applicant shall clear, grub and remove all trees,
brush, stumps, fences, debris, structures and substructures from all
right-of-way areas and all permanent easement areas. Stream channels
and existing ditches shall be cleared as directed by the Town Engineer
or the Town Superintendent of Highways. All areas from the top of
cut through the toe of fill shall be cleared even if outside of the
right-of-way.
(2)
The applicant shall be responsible for obtaining any
and all permits which may be required from the town, from New York
State agencies, from county agencies or from any other agency which
may require permits prior to performing any work.
B.
Excavation and embankments.
(1)
After the clearing and grubbing has been completed,
all road and easement areas shall be shaped to the line and grade
indicated on the approved plans or as may be directed by the Town
Engineer or the Town Superintendent of Highways.
(2)
Topsoil shall be removed from all areas where the
final grade is three (3) feet or less above the existing ground surface.
All loam, rocks, frozen material and organic material shall be removed.
Any fills shall be made with material acceptable to the Town Engineer
and the Town Superintendent of Highways. Such fills shall be made
in lifts of twelve (12) inches and properly compacted with equipment
that is suited for and manufactured for compaction purposes to obtain
a minimum density of ninety-five percent (95%) of standard proctor
maximum density.
(3)
The subgrade shall be free of irregularities and depressions.
No stones or rock ledges shall protrude from the subgrade area.
C.
Drainage and utilities.
(1)
Drainage systems and/or culverts shall be designed
in accordance with applicable sections of the Town of Newburgh Stormwater
Management Regulations, if any. Sewer and water facilities shall be
designed in accordance with the requirements of the Orange County
Health Department, the New York State Department of Environmental
Conservation and town regulations and are subject to review and approval
of the Town Engineer. Sewer and water facilities are not part of these
specifications. All proposed facilities (layout and profile) shall
be shown on the submitted plans.
(2)
All drainage facilities are subject to review and
approval by the Town Engineer and the Town Superintendent of Highways.
Additional and/or larger facilities may be required at the direction
of the Town Engineer and Town Superintendent of Highways during construction.
All existing drainage structures located on or within two hundred
(200) feet of the subject property shall be included on the plans
and calculations submitted for the structure to determine if it is
adequate to carry the twenty-five-year storm flow. Protection against
erosion shall be provided at all pipe outfalls and shall be shown
on the plans. All drainage and sewer and water facilities shall be
constructed in a manner consistent with accepted engineering practices
and with the manufacturer's recommendations.
(3)
The applicant may use either reinforced concrete pipe,
corrugated polyethylene pipe, bituminous-coated corrugated steel pipe
or aluminum pipe, at his option, for all closed drainage systems.
Reinforced concrete pipe shall meet Section 706-2 of the New York
State Department of Transportation Standard Specifications Construction
and Materials (latest edition). Corrugated polyethylene pipe shall
conform to the requirements of AASHTO M-252 and M-294 and ASTM F-667
and F-405. Corrugated steel pipe shall conform to the requirements
of AASHTO M36 and M190 and shall be of appropriate gage thickness
for the given condition. Aluminum pipe shall meet Section 707-13,
707-14 or 707-16 of the New York State Department of Transportation
Standard Specifications Construction and Materials (latest edition).
All drainage structures (drop inlets, catch basins, manholes, etc.)
shall be precast concrete with appropriate frames and grates or covers
(typical details shall be shown on the plans). Pipes for driveway
crossings shall at least be twelve (12) inches in diameter and placed
in the ditch line. Appropriate metal end sections, concrete end sections
or concrete headwalls shall be used.
(4)
Underground utilities, when used, are to be placed
in the road right-of-way outside of the paved area, in close proximity
to the road right-of-way line, to simplify location and repair of
the utility lines when they require attention. The applicant shall
provide underground connections to the property line of each lot within
the subdivision prior to paving the road.
D.
Groundwater. If in the opinion of the Town Engineer
and the Town Superintendent of Highways it is necessary to intercept
and carry away groundwater within the limits of the right-of-way to
protect the stability of the roadbed or other areas of road construction,
underdrains shall be provided. The underdrains shall be perforated
PVC or polyethylene pipe or porous wall pipe having a minimum diameter
of four (4) inches encased in six (6) inches of three-fourths-inch
clean crushed stone or gravel. The underdrains shall outfall as directed
by the Town Engineer and the Town Superintendent of Highways.
E.
House and lot drainage. Footing and roof drains may
discharge to a free-flowing outlet on the surface of the property
but shall not discharge directly within ten (10) feet of a road right-of-way.
With approval, in writing, of the Town Superintendent of Highways,
these drains may be piped to existing storm drainage systems to which
they may be connected to the top only. These drains must be connected
prior to placing the road subbase. Sanitary sewer or septic tank flow
will not be permitted to flow into any roadside swales or storm drainage
systems.
F.
Stone fill in shoulders.
(1)
Stone used in shoulders shall consist of clean, durable,
sharp-angled fragments of rock and shall meet the size requirements
as shown below:
|
Sieve Size
(inches)
|
Percent Passing
| |
|---|---|---|
|
1
|
100
| |
|
1/2
|
90 to 100
| |
|
1/4
|
0 to 15
|
(2)
The stone shall be placed in the shoulder and compacted
with a minimum of four (4) passes with a ten-ton smooth steel wheeled
roller. Compaction shall be such that the stone does not displace
under the weight of the roller.
G.
Road subbase.
(1)
The road subbase shall consist of subbase material
or subbase material over crushed blue shale at the depth as specified
in the road standards contained herein.
(2)
Subbase material shall conform to Section 304, Subbase
Type 4, of the New York State Department of Transportation Standard
Specifications Construction and Materials (latest edition), placed
and compacted in six-inch lifts on a subgrade that has been thoroughly
graded and compacted to the satisfaction of the Town Engineer and
the Town Superintendent of Highways. When subbase material is used
over shale, the shale shall be well-graded crushed blue shale with
no fragments greater than two (2) inches.
(3)
The subbase shall be compacted in accordance with
New York State Department of Transportation Standard Specifications
Construction and Materials Section 203-3.12 (latest edition). All
compaction shall be to ninety-five percent (95%) of the standard proctor
maximum density. Test results shall be made available to the Town
Engineer and the Town Superintendent of Highways, if requested.
(4)
When a subbase course has been placed but subsequent
paving operations have been delayed so that the subbase has been disturbed
by frost action or otherwise disturbed, the subbase shall be replaced
and compacted or recompacted as necessary to meet the requirements
of this section.
H.
Road base course. The base course shall consist of
Type 2 bituminous concrete base mix at the depth specified in the
road standards contained herein. Where the base course is specified
at eight (8) inches deep, the mix shall be placed and compacted in
two (2) four-inch lifts. The material shall not be placed on any wet
surface or when the surface temperature is less than forty degrees
Fahrenheit (40° F.).
I.
Binder course. The binder course shall be Type 3 bituminous
concrete binder course mix at the depth specified in the road standards
contained herein. The material shall not be placed on any wet surface
or when the surface temperature is less than forty degrees Fahrenheit
(40° F.).
J.
Top course. The top course shall consist of Type 6F
bituminous concrete top course mix at the depth as specified in the
road standards contained herein. The material shall not be placed
on any wet surface or when the surface temperature is less than forty
degrees Fahrenheit (40° F.).
K.
Seal coat.
(1)
The seal coat shall be a latex modified asphalt emulsion
and aggregate mixture such as RALUMAC Micro-Surfacing System. The
mixture shall permanently adhere to the roadway and shall form a highly
skid-resistant surface.
(2)
The material shall be mixed and placed in accordance
with the manufacturer's specifications and at a rate which produces
at least a three-eighths-inch-thick overlay. The material shall be
placed no sooner than six (6) months and no later than twelve (12)
months from the date that the road pavement was placed and deemed
acceptable to the Town Engineer and the Town Superintendent of Highways.
If the surface temperature of the road and the atmospheric temperature
are not acceptable for placement of the overlay during this time,
the developer must inform the Town Engineer and the Town Superintendent
of Highways, in writing, and request an extension of time for placement
of the overlay. This notification is to include an estimate as to
when the overlay will be placed.
(3)
The material shall be placed in such manner that there
is not excessive buildup, uncovered areas or unsightly appearances
in any area upon completion of work.
(4)
Note: All bituminous concrete pavement mixes shall
meet the requirements of and be placed in accordance with the New
York State Department of Transportation Standard Specifications Construction
and Materials Section 401 (latest edition). The Town Engineer and
the Town Superintendent of Highways may request that density testing
be performed at any time during the construction of a road to be dedicated
to the town, with results furnished at no cost to the town.
L.
Curbs.
(1)
Curbs, if used, may be conventionally formed or machine-formed
concrete. They are to be six (6) inches wide at the top and eight
(8) inches wide at the bottom, with a total height of twenty (20)
inches. The face of the curb shall be exposed six (6) inches at the
edge of the paved roadway and is to be located as detailed in these
specifications.
(2)
Conventionally formed concrete curb shall be constructed
of Class A portland cement concrete with a compressive strength of
three thousand five hundred (3,500) pounds per square inch at twenty-eight
(28) days. The curb shall be cast in segments having a uniform length
of ten (10) feet. Segments shall be separated by joints, with provisions
made for one-fourth-inch expansion. Expansion joints three-fourths
(3/4) inch in width shall be formed with premolded resilient joint
filler and placed at forty-foot intervals. The filler material shall
be cut to conform to the cross section of the curb.
(3)
Machine-formed concrete curbs shall be Class J portland
cement concrete with a compressive strength of three thousand five
hundred (3,500) pounds per square inch at twenty-eight (28) days.
The curb shall be machine formed to the proper line and grade. Contraction
joints shall be at ten-foot intervals and shall be formed or saw cut
to a width between one-eighth (1/8) inch and one-fourth (1/4) inch
to a depth of one and one-half (11/2) inches. If saw cut, it must
be done within eight (8) hours of placement. Expansion joints three-fourths
(3/4) inch in width shall be formed and filled with premolded resilient
filler and placed at forty-foot intervals. The filler material shall
be cut to conform to the cross section of the curb.
(4)
Precast concrete curbs may only be used if acceptable
to the Town Engineer and the Town Superintendent of Highways. If allowed,
precast concrete curb shall be cast of Type 1 or Type 2 portland cement
with a compressive strength of five thousand (5,000) pounds per square
inch at twenty-eight (28) days. Minimum lengths shall be four (4)
feet, except for radial curb and closure, and the maximum length shall
be ten (10) feet. Curb sections shall be butted together with no concrete
mortar between joints. Manufacturer details shall be submitted to
the Town Engineer and the Town Superintendent of Highways for acceptance.
Installation of the curb shall be in accordance with manufacturer
specifications.
(5)
Stone curbs may only be used if acceptable to the
Town Engineer and the Town Superintendent of Highways. If allowed,
stone curb shall be either bluestone or granite. Construction details
shall be submitted to the Town Engineer and the Town Superintendent
of Highways for acceptance.
(6)
Any curbing that has settled, cracked, become damaged
or is deemed substandard at any time prior to or during the two-year
maintenance period after dedication to the town shall be replaced
by the developer at his own expense.
(7)
Note: All curb shall meet the requirements of and
be constructed in accordance with the New York State Department of
Transportation Standard Specifications Construction and Materials
Section 609 (latest edition).
M.
Sidewalks.
(1)
Sidewalks may be constructed of concrete or, with
approval of the Town Engineer and the Town Superintendent of Highways,
asphalt concrete. In any case, where sidewalks cross driveways they
shall be eight (8) inches of reinforced concrete on twelve (12) inches
of subbase course and at the same elevation as the driveway.
(2)
Concrete sidewalks shall be constructed of Class A
portland cement concrete. The concrete shall be five (5) feet wide
and poured four (4) inches deep in one (1) course on six (6) inches
of subbase course with a cross slope of one-fourth (1/4) inch per
foot. Wire fabric, W2.9 or W3, shall be embedded at mid-depth in the
slab. Transverse construction joints shall extend to the full depth
of the slab and shall be placed at ten-foot intervals. The edges shall
be finished by smoothing and rounding. A resilient joint filler shall
be installed at all joints and cut to conform to the shape of the
sidewalk. The surface of the sidewalk shall be broomed and scored
and tooled at five-foot intervals.
(3)
Asphalt concrete sidewalks shall be five (5) feet
wide and shall be one (1) inch of Type 6F top course mix on two and
one-half (21/2) inches Type 3 binder course mix on six (6) inches
of subbase course.
(4)
Note: All construction and materials shall be done
in accordance with the New York State Department of Transportation
Standard Specifications Construction and Materials Section 608 (latest
edition).
N.
Erosion and sediment control. Erosion and sediment
control shall be provided during construction of the road. The structures
and details of said structures are to be shown on the plans. All erosion
and sediment control methods shall be designed in accordance with
New York Guidelines for Urban Erosion and Sediment Control. At a minimum,
all adjacent property owners, roads, watercourses and drainage swales
shall be protected from sediment-laden runoff. The Town Engineer and
the Town Superintendent of Highways may require additional protective
structures to be placed if those existing or proposed do not appear
to provide adequate control of such runoff.
A.
Guide rails.
(1)
The grades from the shoulder to the right-of-way shall
be a maximum of one (1) foot vertically on two (2) feet horizontally.
Where the difference in elevation from the edge of shoulder to the
original surface at the toe of slope is six (6) feet or more and the
slope is greater than one (1) foot vertically on three (3) feet horizontally,
the slopes shall be protected by guide rails as required and specified
by the Town Engineer and the Town Superintendent of Highways. If guide
rail is required, the break in the shoulder slope shall not occur
within two (2) feet of the face of the guide rail post.
(2)
The requirements set forth herein consider only the
geometry of the roadway and are intended as a guide as to when the
guide rails will be required. There may be cases where the geometry
of the roadway does not exceed the given criteria but guide rail is
still warranted. The use of guide rails shall, in general, be in conformance
with New York State Department of Transportation requirements.
B.
Streetlighting facilities.
(1)
Where required by the Town Board, streetlighting standards
in conformance with the lighting system of the project area as approved
by the Town Planning Board shall be installed by the subdivider in
a manner and location approved by the Town Engineer, the Town Superintendent
of Highways and the appropriate power company. In the case of a subdivision
involving a county or state highway, approval shall be obtained from
the County Superintendent of Highways or the State Department of Transportation.
(2)
Where a new lighting district is to be created or
an existing district extended, the applicant shall petition the Town
Board to create such district or extension before final approval is
granted.
C.
Street signs. Street signs shall be provided by the
developer and placed at all intersections in locations within the
right-of-way approved by the Town Superintendent of Highways prior
to the town's acceptance of the roads. Such signs shall be six by
twenty-four (6 x 24) inches and made of extruded aluminum with white
letters on a green background.
D.
Warning, regulatory and safety signs. Warning, regulatory
and safety signs, such as stop, yield, curve or other signs, may be
required by the Town Engineer and the Town Superintendent of Highways.
All required signs are to be in conformance with the New York State
Department of Transportation Manual of Uniform Traffic Control Devices
(latest revision). Upon requiring regulatory signs, the Town Engineer
and Superintendent of Highways shall, when appropriate, refer the
matter of the designation of the intersection as a stop, yield or
similarly regulated intersection to the Town Board for appropriate
amendment of the town's Traffic and Vehicle Regulations.[1]
A.
Improvements.
(1)
The estimated cost of all required improvements, where
applicable, which are associated with road construction are required
to be included in the amount of the performance security, including
but not limited to:
(a)
Road construction.
(b)
Storm drainage systems.
(c)
Road signs.
(d)
Monuments.
(e)
Stabilization within the right-of-way.
(f)
Erosion and sediment control.
(g)
Curbs.
(h)
Sidewalks.
(i)
Street trees.
(j)
Any road appurtenances as may be required by
the Town Planning Board or the Town Board.
(k)
As-built or record drawings.
(l)
Any other items as may be required by the Town
Planning Board or the Town Board.
(2)
The applicant's engineer is to prepare the estimate
and submit it to the Town Engineer for review and recommendation to
the Town Board.
B.
Performance security.
(1)
A performance security shall be delivered to the Town
Clerk to guarantee to the town that the developer will faithfully
cause to be constructed and completed within a reasonable term the
required public improvements.
(2)
Before the Planning Board grants final approval of
the subdivision plat or site plan, the applicant shall follow the
procedure set forth below:
(a)
In an amount set by the Town Board, the applicant
shall file with the Town Clerk either a certified check to cover the
full cost of the required improvements or an adequate and acceptable
security issued by a bank or surety company approved by the Town Board
to cover the full cost of the required improvements or any combination
thereof. Any such security shall comply with the requirements of § 277
of the Town Law and, further, shall be satisfactory to the Town Board
and the Town Attorney as to form, sufficiency, manner of execution
and surety. A period of three (3) years shall be set forth in the
document of surety within which required improvements must be completed.
However, the term of such performance security may be required to
be extended by the Town Board if improvements are not completed within
the original term of the security.
(b)
The required improvements shall not be considered to be completed until the installation of the improvements has been accepted by the Town Engineer, the Town Superintendent of Highways and any appropriate department head and as-built or record drawings satisfactory to the Town Engineer have been submitted. If the applicant elects to provide a security or certified check for all required improvements as specified in Subsection B(2)(a) above, such security shall not be released until such as-built plans are submitted. The town shall release the security upon certification of the Town Engineer and the Town Attorney that all requirements of the security have been satisfied.
(c)
The applicant shall complete all required improvements
or post the required performance security, either or both to the satisfaction
of the Town Board, before any building permits shall be issued.
(d)
If the Planning Board shall decide at any time
during the term of the performance security that the extent of the
building development that has taken place in a subdivision is not
sufficient to warrant all the improvements covered by such performance
security or that required improvements have been installed as provided
in this section and by the Planning Board in sufficient amount to
warrant reduction in the face amount of said security or that the
character and extent of such development required additional improvements
previously waived for a period stated at the time of fixing the original
terms of such security, the Town Board may modify its requirements
for any or all such improvements, and the face value of such performance
security shall thereupon be modified by an appropriate amount so that
the new face value will cover the cost in full of the amended list
of improvements required by the Planning Board, and any security deposited
may be reduced proportionately.
C.
Maintenance bonds.
(1)
Prior to acceptance by the town of the dedication of the street as guaranteed under Subsection B, Performance security, above, the developer shall deposit with the Town Clerk a maintenance bond of acceptable security or shall deposit with the chief fiscal officer of the town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank payable at sight to the Town Board guaranteeing that for a minimum period of two (2) years from the date of acceptance of the dedication of the street by the town or until the issuance of the final certificate of occupancy, whichever is latter, the developer will maintain the street to the standard of construction set by these specifications, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his 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 or third parties who may have purchased a lot or lots outside of 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 developer's operations.
(2)
The amount of the maintenance bond shall be at least
equal to ten percent (10%) of the original amount of the performance
bond.
(3)
Subsequent to the dedication of the street and after
receipt of the maintenance bond, the Town Board shall release the
performance security.
Written notice shall be provided to the Town Clerk, the Town Engineer and the Town Superintendent of Highways at least ten (10) days prior to commencement of any construction of approved roads or drainage. The Town Engineer and the Town Superintendent of Highways, or their designated representative, will inspect the construction of all roads and public improvements (if any). In addition to the above-required written notice, adequate notice shall be provided to allow inspection of the following items of work: excavation and rough grading (including installation of all underground utilities), placement and compaction of the road subbase, placement and compaction of the road base course, placement of the binder course, placement of the top course and placement of the seal coat. Inspection and acceptance by the Town Engineer and the Town Superintendent of Highways shall in no way relieve the developer of his obligation to comply with the requirements of these specifications. Inspection fees must be paid prior to final subdivision or site plan approval and shall be as provided in Chapter 104, Fees, of the Town of Newburgh Code.
Upon completion of the road and public improvements
(if any) and prior to the release of the performance security, the
applicant's engineer, licensed by the State of New York, shall submit,
along with the appropriate as-built or record drawings, a written
certification to the Town Board that the road and public improvements
(if any) were constructed in accordance with the approved subdivision
or site plan and applicable specifications and/or rules and regulations.[1]
Final decision as to the interpretation of any
part of these road specifications shall rest with the Town Superintendent
of Highways with concurrence by the Town Engineer. If the Town Superintendent
of Highways and the Town Engineer do not concur on a matter of interpretation,
they shall refer the matter to the Town Board for a final decision.
Written application by the owner or owners of
land proposed to be dedicated to the Town of Newburgh (hereinafter
the "town") for use as a public highway should be delivered to the
Town Clerk, addressed to the Town Board, with a copy directed to the
Superintendent of Highways, Town Engineer, Planning Board and Town
Attorney for their information and guidance. Application should be
a simple request for the town to accept the road or street in question,
should name the street, indicate in whose name title is held and should
be accompanied by the following items, all secured by and at the expense
of the applicant:
A.
Eight (8) copies of a survey, certified to the town,
including three (3) on cloth or linen, showing the proposed road and
indicating the location of at least one (1) other public road or street
connecting therewith. A map should be prepared by a licensed surveyor
and should indicate filing data if filed in the County Clerk's office
and Planning Board's approval data if so approved. The survey map
shall include plan(s); profile(s); all monuments; public improvements
with grades, inverts, top of grates/covers, lengths and types of pipes;
and a minimum of three (3) ties to all manholes, hydrants, valves,
curb stops, corporations, wyes/fittings, etc.
B.
Executed release(s) and dedication, acceptable for
recording, describing the road or street by metes and bounds, including
the name of the street, with proper reference to any filed map and
including any necessary drainage easement(s).
D.
A title insurance policy insuring the town in the
amount of five thousand dollars ($5,000.) for each road to be dedicated.
The title insurance policy must be acceptable to the Town Attorney
and must insure that the town is obtaining title to the road and an
interest in the easement, if any, free and clear of all liens and
encumbrances.
E.
Full covenant and warranty deed conveying to the town
title of the road to be dedicated and including any required easements.
Also, an equalization and assessment form and TP-584 form must be
prepared and accompany the deed.
F.
Consent of the Town Board to dedication, in triplicate,
for the Town Board's adoption, reciting the proceedings and consenting
that the Town Superintendent of Highways make an order laying out
the lands as a town highway.
G.
Order of the Town Superintendent of Highways accepting
dedication, in triplicate.
H.
Certificate of the Town Engineer as to the road's
compliance with Town of Newburgh minimum road specifications.
I.
Certification by a professional engineer or surveyor
that the road to be dedicated has been completed in accordance with
the approved plans and specifications of the town, that the total
right-of-way has been cleared and that all construction has been completed
in a workmanlike manner.
J.
A maintenance bond, acceptable to the town, guaranteeing
to the town that the developer will maintain the road to the town's
standards, normal wear and tear excepted, for a period of at least
two (2) years from the date of the acceptance of the road dedication.
The maintenance bond must be in an amount equal to at least ten percent
(10%) of the original performance security.
L.
If the developer is a corporation, the developer must
furnish a unanimous written consent of the Board of Directors and
shareholders of the corporation to the road dedication.
