Marlborough City Zoning Code
CHAPTER 130
Streets and Sidewalks
[Adopted 8-22-1994 by L.L. No. 2-1994]
Road Specifications Figures 1 - 7
§ 130-1 Determination; repealer; title.
The Town Board of the Town of Marlborough has determined that the existing street specifications are outdated in light of the current accepted construction standards and the need to provide better roads for the Marlborough community. To that end, the Town Board has caused this article to be prepared in an effort to upgrade the requirements for the construction of roads within the Town of Marlborough. This article recognizes the need for greater engineering involvement in the design and construction of roads, the need for flexibility in performance and maintenance security and the importance of clear and updated cross sections details, catch basin details and sidewalk and curb details.
§ 130-2 Purposes; certification.
It is the purpose of these specifications to establish minimum acceptable standards for roads and road construction within the Town of Marlborough to conform to legal requirements in the State of New York, which requirements and standards must be met and paid for by the offeror proposing that the Town take over such road as a Town road. Herein, wherever reference is made to the term "offeror," the same shall be understood to mean the person, persons, developer, firm or other entity proposing that the Town take over such road as a Town road. These specifications include but are not limited to width, design, drainage, construction of base and pavement, curbs, sidewalks and monuments.
Dedication of the right-of-way will not be accepted until the offeror's professional engineer and/or licensed land surveyor shall have certified to the Town Board, in writing, that the construction of the road has been completed in accordance with the approved plans and specifications that follow and that the total right-of-way area has been cleared of all debris and all construction has been completed in a workmanlike manner; and the Town Highway Superintendent and the Town Engineer shall have reviewed the completed work and recommended acceptance of such dedication in writing to the Town Board. When new road rights-of-way are offered to the Town for dedication, four copies of the final as-built plan and deed description of the right-of-way shall be submitted to the Town Highway Superintendent for approval.
In his written certification as required above, the offeror's professional engineer or qualified licensed land surveyor shall state clearly that he or his authorized representative has inspected all phases of the road construction and that all work has been completed in accordance with the approved plans and these specifications.
§ 130-3 Road plan for Town roads.
A plan of the proposed road shall be prepared by a qualified professional engineer and/or qualified land surveyor licensed by the State of New York for such design functions. The plan shall clearly define the limits of the proposed right-of-way by metes and bounds and shall include the location, widths, profiles and grades of the proposed roadway, storm drainage, including culverts, and other drainage structures and the location of all easements and utilities.
The plan shall also indicate the owner of the property and the name of the developer, if other than the owner. One copy each of the plan shall be submitted to the Town Highway Superintendent and the Town Engineer at the time of application to make such road a Town road and the County Commissioner of Public Works or his designated representative when said proposed street drains toward, intersects with or may otherwise affect a county highway. If applicable, it will concurrently be submitted to the Town Planning Board for review and approval under the applicable subdivision regulations[1] of the Town. Such roadway must not be subject to any right or easement to others which will in any way interfere with its use as a road at all times. Such road must be conveyed to the Town by a deed in recordable form acceptable to the Town Attorney, containing a metes and bounds description, together with recording fees payable to the Ulster County Clerk accompanied by such evidence of title indicating that title is vested in the Town free and clear of any liens and encumbrances, including a policy of title insurance in favor of the Town.
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 exists and to which such outlet and easement will carry such water. A minimum width of 20 feet of easement shall be required for the maintenance of said easements.
The proposed roadway must be constructed to conform to the minimum requirements and standards set forth below. The minimum width to be cleared shall include all trees, rock formations, buildings, walls and any such things that would endanger those using such roadway. The removal of such obstructions shall be borne by the offeror proposing such road.
In general, all materials and methods of construction required for construction of Town roads shall be in accordance with Standard Specifications, Construction and Materials, published by the New York State Department of Transportation (NYSDOT), Design and Construction Division, latest revision.
§ 130-4 Alteration of approved plans.
Plans submitted shall not be altered or amended after having been approved by the Town Highway Superintendent and Town Engineer unless amended plans are resubmitted and approved. However, the offeror, at his own expense, shall provide additional storm drainage facilities, utilities and/or other miscellaneous work as may be ordered by the Town Highway Superintendent and/or Town Engineer if, during the course of construction, in the opinion of the Town Highway Superintendent, the Town Engineer and/or the County Commissioner of Public Works, such additional structures or facilities are necessary to prevent any need for future installations of utilities or culverts within the pavement area and to assure the durability of pavement future maintenance of the right-of-way or welfare and safety of the public.
Plans approved by the Planning Board shall not be altered without resubmittal and approval of the Planning Board.
§ 130-5 Bonds.
[Amended 9-14-2009 by L.L. No. 6-2009]
Performance security. Unless the offeror shall construct the entire road and related improvements in accordance with this article before offering the same to the Town, prior to the start of construction of any road or at the time designated in the subdivision regulations,[1] if applicable, the offeror shall post performance security with the Town either in the form of a bond of an acceptable surety, an irrevocable letter of credit, negotiable government bonds, cash or bank or certified funds drawn on a national or state bank to guarantee construction of the improvements in compliance with the approved plans and these specifications. The form of the performance security shall be reviewed and approved by the Town Attorney. Where such proposed road is subject to the subdivision regulations of the Town, procedures for posting the performance security shall also comply with those regulations. The amount of the performance security shall be based on current municipal construction costs and shall be reviewed and approved by the Town Engineer and approved by the Town Board.
Maintenance security. The offeror shall post maintenance security with the Town either in the form of a bond of an acceptable surety, an irrevocable letter of credit, negotiable government bonds, cash or bank or certified funds drawn on a national or state bank to guarantee that for a period of one year from the date of acceptance of the dedication of the road by the Town Board, the developer will maintain the road to the standard of construction set by these specifications, normal wear and tear excepted. This shall mean that the offeror will, at its own expense, repair and make good any defects or damage which may develop during this maintenance period as result of faulty construction within the right-of-way or as a result of other construction, by the offeror or others. During the maintenance period, the Town shall be responsible for snow and ice control, street cleaning, cleaning of culverts and catch basins and other work of similar routine nature, provided that such work has in no way been caused by the operations of others. The amount of the maintenance security shall be determined by the Town Engineer and shall be equal to 10% of the original amount of the performance security. The provisions of this article concerning review and acceptance of the form of the performance security shall be applicable to the form of the maintenance security.
§ 130-6 Classification of roads.
Determination of classification.
For roads in subdivisions, the Town Planning Board shall, pursuant to a recommendation by the Planning Board Engineer and/or Town Engineer, determine and designate into which of the three following classifications each proposed road falls on the basis of one or more of the criteria hereinafter set forth. For any other roads, the Town Engineer shall make a recommendation to the Town Board.
Final plans shall be drawn to show and the offeror shall construct each road in accordance with the particular specifications for its designated classification as hereinafter set forth, as well as in accordance with the specifications common to all classifications.
Determining criteria.
Major road: a road which serves or is designed to be used primarily as a route for traffic between communities or large areas.
Secondary road: a road which serves or is designed to carry traffic from local residential roads to the system of major roads.
Minor road: a road intended to serve primarily as access to abutting residential properties.
Construction specifications.
Figures 1, 2, and 3[1] annexed to this article show the cross sections of each of the classifications for Town roads. Figures 5 and 6[2] annexed to this article show typical details for construction of Town roads. These give the minimum required design, dimensions and construction details which are applicable to each classification.
[1]
Editor's Note: Said figures are included at the end of this chapter.
[2]
Editor's Note: Said figures are included at the end of this chapter.
The general and more detailed specifications follow for design, construction, materials and other requirements which are applicable to all classifications of roads.
The offeror shall design and construct roads which shall conform to both the general and specific specifications.
NOTE: The subbase and foundation course shall lay a minimum of three months to allow complete settlement before pavement is laid. |
§ 130-7 Rights-of-way; monuments.
The offeror shall establish and clearly mark the limits of road rights-of-way and easements with permanent monuments. Temporary center lines, grades of the finished road pavement, and the location and elevations of drainage structures as shown on the approved plans shall be delineated with construction stakes. Such construction stakes shall be maintained at the offeror's expense until the construction of road pavement, drainage structures, underground utilities, curbs, sidewalks and shoulders has been completed, inspected and approved by the Town Highway Superintendent and the Town Engineer.
During the course of construction, the developer shall provide the Town Engineer with stakeout information, cut sheets or any other pertinent information requested with respect to the proposed construction.
Permanent monuments shall be set on right-of-way lines of roads at all intersections, angle points, points of curvature and the beginnings and ends of streets. There shall be a clear view of adjacent monuments on the right-of-way line. All monuments shall exist on completion of the construction of the roads.
The permanent markers shall be made of concrete or granite with minimum dimensions of 30 inches long, a four-inch square top and six-inch square bottom with a one-half-inch drilled hole in the top. As an alternate, 3/4 inches in diameter steel rods, with a welded copper coating and bronze tops, 30 inches long, may be used as monuments. If a monument should be located in a rock ledge, the surface shall be stripped and a one-half-inch steel rod drilled into the ledge to a depth of six inches. Monuments shall protrude a maximum of two inches above the final graded surface. The offeror's licensed surveyor shall certify that the location of all monuments is accurate before acceptance of the road by the Town Board. A certified reproducible map showing the locations and reference ties to each monument shall be provided. Reference ties shall be permanent items, such as building foundations, and a minimum of three shall be provided for each monument.
§ 130-8 Easements.
Where surface water from roads must lead through other than gutters and storm drains or existing stream channels outside the right-of-way, permanent drainage easements having a minimum width of 20 feet shall be provided to a point where a natural watercourse exists. In some cases this may include easements over property outside the boundaries of the subdivision involved. Natural stream or ditch channels shall have a minimum of twenty-foot-wide permanent easements and be shown on the proposed plans of the subdivision. All permanent easement lines shall be monumented as a right-of-way.
§ 130-9 Clearing; subbase construction; rolling; stabilization fabrics; blasting.
The offeror shall clear and grub the entire area within the limits of the road right-of-way, drainage channels and easement areas where required by the Town Highway Superintendent and/or the Town Engineer. The offeror shall properly dispose of all waste materials (stumps, roots, etc.) off site.
The offeror shall complete the shaping of the road right-of-way, streams and ditches and easement areas to the line and grade as shown on the approved plans and as otherwise may be required by the Town Highway Superintendent and/or Town Engineer. In the construction of the roadway, all topsoil, loam, rocks and organic material shall be removed until a satisfactory subbase is established. In fills of less than three feet, all topsoil shall be excavated and removed. All fills under roadways shall be made with foundation course material meeting or exceeding the requirements of Gradation Type No. 3 subbase material as specified under Section 3 of New York State Department of Transportation Standard Specifications-Construction and Materials (latest revision), or other acceptable material as approved by the Town Highway Superintendent and the Town Engineer. Such fills shall be made in layers of not more than 12 inches each and properly compacted with a ten-ton roller or equivalent.
All hollows and depressions which develop under rolling shall be filled with acceptable granular material and again rolled, this process to be continued until no depressions develop. The subgrade shall not be muddy or otherwise unsatisfactory when the foundation course is laid upon it. Any soft spot or unstable portion of the subgrade which develops under the roller shall be completely excavated and removed from the right-of-way and shall be replaced with acceptable granular material and the area regraded and compacted as above.
If, in the opinion of the Town Highway Superintendent and/or the Town Engineer, it is prudent that stabilization fabrics be installed under the Town road in those areas observed as unstable or soft or in other areas deemed appropriate by the Superintendent and/or the Engineer, the offeror, at his own expense, shall provide such fabric for those areas and for the length of roadway as determined by the Town Highway Superintendent and/or the Town Engineer. Stabilization fabric shall meet the requirements as called for under § 130-14.4 of these specifications.
The subgrade shall be shaped to line and grade with no depressions. The subgrade shall be stable in all respects to the satisfaction of the Town Highway Superintendent and the Town Engineer before the foundation course is laid. No large stones or rock ledges shall protrude into the foundation course.
Should it become necessary, as part of the construction work, to perform blasting, the same shall only be done following notification to the Town Highway Superintendent and the Town Engineer. Any required permits shall be obtained by the owner prior to blasting. The Town shall assume no responsibility or liability pertaining to any blasting work. Prior to any blasting, the contractor shall submit an insurance certificate for the type work, in an amount no less than $1,000,000, for the work to be performed. All work shall be done taking all possible precautions and shall, at minimum, comply with all applicable federal, state and local regulations. Blasts shall be covered with suitable mats or heavy timber, at minimum, to prevent damage. Blasting shall only be performed between 8:00 a.m. and 5:00 p.m. on weekdays unless otherwise approved. Blasting shall not be performed on legal holidays.
Also, before the foundation course is laid, all storm and sanitary sewers and all utilities, including house connections for existing and future homes, and hydrants shall have been installed to the satisfaction of the Town Highway Superintendent, the Town Engineer and the Water Superintendent. All slopes and sidewalk areas shall be graded before the foundation course is made, and all loose and exposed stones will be removed. Fine grade shall conform to the prescribed width of pavement and shall extend equidistant from the center line of the road right-of way and shall conform to the typical cross section of the road pavement and to the approved line and grade.
§ 130-10 Drainage system.
General requirements.
The drainage system and/or culverts shall be designed in accordance with established engineering principles and approved by the Town Highway Superintendent and the Town Engineer. Standards for design of the system shall be based on the drainage area tributary to the proposed system and structures, as follows:
Drainage Area (acres) | Design Occurrence | |
|---|---|---|
Less than 320 | 25-year storm | |
320 to 640 | 50-year storm | |
Greater than 640 | 100-year storm |
Plans for any drainage structure, including pipe culverts, when existing or proposed, shall be submitted in detail by the offeror's professional engineer to the Town Highway Superintendent and the Town Engineer for approval. The submittal shall include calculations and a drainage area evaluation map, bearing the seal and signature of the offeror's professional engineer.
The minimum grade of any drainage pipe or culvert shall not be less than 1%. The approved plans shall show invert elevations of all inlets and outlets for all drainage structures. All pipes shall be provided with a minimum eighteen-inch cover unless otherwise approved. Any deviation from the approved plans shall be on approval of the Town Highway Superintendent and/or the Town Engineer, in writing. No culvert pipe shall be less than 15 inches in diameter unless by approval of the Town Highway Superintendent and/or the Town Engineer. Pipe for culverts may be reinforced concrete, corrugated metal pipe, or where approved, polyethylene pipe maybe permitted, all of which shall conform to the following specifications for materials.
Prior to the delivery of any materials or the construction of any work, the offeror shall submit to the Town Engineer four copies of manufacturer's detailed literature for all materials proposed to be used. No materials shall be delivered or placed until the proposed materials have been accepted.
Corrugated polyethylene pipe. Where permitted for use, corrugated polyethylene pipe shall be smooth interior lined type for maximum strength. Pipe shall be manufactured using high-density polyethylene (HDPE) resins meeting applicable ASTM and AASHTO standards. Pipe shall be suitable for H2O and E8O live loads for burial depths up to 50 feet.
Reinforced concrete pipe. All concrete pipe utilized in the work shall be reinforced and shall conform to the requirements referenced in the New York State Department of Transportation Standard Specifications — Construction and Materials (latest edition), as stated in Section 706, except that the tongue and groove pipe is preferred for all sizes. Each piece of pipe shall be stamped as such and the conditions of pipe shall be approved by the Town Highway Superintendent and the Town Engineer. Rejected specimens will be immediately removed from the site.
Corrugated metal pipe.
All corrugated metal pipe shall conform to the requirements referenced in the New York State Department of Transportations Standard Specifications — Construction and Materials (latest edition), as stated in Section 707.
Corrugated metal pipe shall conform to the requirements of AASHO Designations M190 and M36. All pipes shall be fully bituminous coated with paved invert. The gauge of the pipe shall be in accordance with the New York State Standard Specifications for Corrugated Metal Pipe for the intended use, and in all cases shall be a minimum of 16-gauge.
Alternate materials. Where approved by the Town Highway Superintendent and the Town Engineer, in writing, use of alternate materials will be considered. Decision for the use of such alternate materials shall be based on the specific cases of the installation, as interpreted by the Town Highway Superintendent and the Town Engineer.
Installation.
The width of the trench in which the pipe is laid shall be sufficient to permit thorough tamping of the backfill around the pipe. A cushion of at least six inches of roadway subbase material shall be laid in line with grade prior to laying the pipe. No stones over three inches maximum dimension shall protrude or lay in this cushion. The soil below the cushion shall be stable enough that there will be no settlement of pipe after backfilling the trench.
The pipe shall be laid to true line and grade on the prepared bed of the trench. All connections for corrugated metal pipe shall consist of twelve-inch corrugated metal bands lapping on equal portions of the sections to be connected . Backfilling of the trench shall be done with suitable roadway subbase material approved by the Town Highway Superintendent and/or the Town Engineer. The backfill shall be made in layers of no more than 12 inches, which shall be tamped to a minimum 90% modified proctor.
All drainage pipes and structures shall be of a size sufficient to carry natural water runoff and stormwater and also which, in the opinion of the Town Highway Superintendent and/or the Town Engineer, are acceptable based on the design criteria in Subsection A of this section and which may be reasonably anticipated from future construction, both from within the development and from adjoining properties which normally drain across the area of the proposed development. Additional or larger culvert pipes and drainage structures shall be installed and paid for by the offeror, if in the opinion of the Town Highway Superintendent and Town Engineer, the same is deemed appropriate and in the best interest of the Town.
Groundwater. If, in the opinion of the Town Highway Superintendent and/or the Town Engineer, it is necessary to intercept and carry away groundwater within the limits of the right-of-way to protect the stability of the road bed, curb or sidewalk areas, such subdrainage shall be required and shall be installed by the offeror. Porous wall concrete pipe or perforated PVC pipe having a minimum diameter of four inches, encased in 12 inches of three-fourths-inch clean crushed stone or crushed gravel and covered with a porous fabric material, shall be used for such purpose for a length as deemed necessary by the Town Highway Superintendent and/or the Town Engineer.
Catch basins and curb inlets.
Catch basins and curb inlets shall be constructed in order that surface water be intercepted. All catch basins shall be precast reinforced concrete, spaced as noted herein below, unless otherwise approved by the Town Highway Superintendent and/or the Town Engineer. Concrete shall meet the requirements as called for in § 130-14.6 of this specification. Such structures shall be placed at 400 feet or less. On grades in excess of 6%, the distance apart shall not exceed 250 feet. Figures 4 and 5[1] outline the minimum details of construction for catch basins and curb inlets. Whenever, in the opinion of the Town Highway Superintendent and/or the Town Engineer, ground conditions or other circumstances require it, larger or heavier materials, additional materials, reinforcing or other modifications and improvements in design and construction shall be made as required by the Town Superintendent and/or the Town Engineer at any time prior to construction of pavement.
[1]
Editor's Note: Said figures are included at the end of this chapter.
For purposes of standardization and proper, timely and safe replacement, the following curb inlet casting shall be considered standard for supply on Town roads:
Headwalls.
Headwalls of reinforced concrete shall be constructed at the outlet and inlet ends of culvert pipes. Culverts shall extend to the toe of embankment. Concrete shall conform to the minimum requirements noted in § 130-14.6 of this specification. The bearing of all headwalls shall have a solid base. If soft material is encountered, it shall be removed and backfilled with acceptable fill material as specified under § 130-9 of this specification. It shall be the responsibility of the offeror that no headwalls shall crack or become tipped from settlement.
Prior to construction, the offeror's professional engineer shall submit to the Town Engineer details of construction for the proposed headwall specific for the proposed installation.
Flared end sections may be permitted with authorization by the Town Highway Superintendent and/or Town Engineer.
§ 130-11 Groundwater and house drains.
If, in the opinion of the Town Superintendent of Highways and/or Town Engineer, it is necessary to intercept and carry away groundwater within the limits of the right-of-way to protect the stability of the roadbed, curb or sidewalk areas, the subdrainage required by the Town Superintendent of Highways and/or Town Engineer shall be installed. Perforated pipe or porous wall pipe having a minimum diameter of four inches encased in six inches of three-fourths-inch clean crushed stone or crushed gravel shall be used for each purpose in an amount deemed necessary by the Town Superintendent of Highways and/or Town Engineer. No leaching basin shall be used without authorization of the Town Highway Superintendent and Town Engineer.
Roof and cellar drains shall in no case be allowed to flow onto the street right-of way. With the approval of the Town Superintendent of Highways and Town Engineer, 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 start of the application of the foundation course.
§ 130-12 Roadway design requirements.
Grades and vertical curves. The grade of the street shall not be in excess of 10% nor less than 1%. By permission of the Town Superintendent of Highways and/or Town Engineer only shall the grade of more than 10% be allowed due to topographic conditions, and in no case shall a grade higher than 10% exceed 500 feet in length. In no case shall the grade exceed 12% without a special exception by resolution of the Town Board. Differences in grade will be effected with a vertical curve of sufficient length to allow a vertical sight distance in compliance with Subsection B of this section. The maximum grade of intersecting roads shall not exceed 2% for a distance of 50 feet from the intersection.
Sight distance.
In all cases, design of intersections shall always maximize sight distance and comply with the minimum recommended safe sight distances as referenced in the Institute of Traffic Engineers (ITE) Guidelines for Driveway Design and Location (latest revision), and as referenced in the New York State Department of Transportation Policies and Standards. When such minimum recommended safe sight distances cannot be obtained due to specific site conditions, the offeror's professional engineer shall submit sufficient documentation to show the maximum available and the specific reasons why the recommended values cannot be obtained. For roads proposed in subdivision, such information shall also be submitted to the Planning Board, and the road location shall be subject to its approval.
"Sight distance" shall be defined as the distance where an object remains visible to an observer, said observer (driver) waiting to enter from an intersecting road or driveway at a point 12 feet in advance of the nearest travel lane, which measurement shall be taken from a level of 44 inches above the road/driveway pavement, observing a vehicle at a point 24 inches above the pavement at the point being observed. A similar method shall be utilized in the determination of stopping sight distance and turning sight distance.
Entrances onto Town roads. All entrances onto Town roads shall be subject to the review and approval of the Town Highway Superintendent. Such entrances include but are not limited to private residential driveways, commercial or business entrances, private roads and the like. The offeror shall design and construct all entrances within the limits of the right-of-way with sufficient sight distance and with a grade no more than one inch per foot from the curb to the right-of-way line.
Driveways. The minimum width of the driveway pavement at the curb or road pavement line shall be 15 feet, tapering to a minimum of 10 feet at the right-of-way line. All driveways shall have a minimum six-inch run-of-bank gravel foundation course from the curb to the right-of-way line or 15 feet, whichever is greater, and no less than a two-inch hot-mix asphalt concrete wearing course from the curb or street pavement line to the right-of-way line or 15 feet, whichever is greater, which shall be applied during or after the laying of the road pavement. All driveways shall be graded to the satisfaction of the Town Highway Superintendent and the Town Engineer prior to the surfacing of such driveways.
Other entrances. Commercial, business and other entrances shall be a maximum of 30 feet in width, unless otherwise approved by the Town Highway Superintendent and/or Town Engineer. Construction details of the pavement for the entrance roadway/drive within the Town right-of-way shall, at minimum, meet the minimum requirements for the type of road being intersected. All intersections shall be provided with drainage facilities acceptable to the Town Superintendent of Highways and/or the Town Engineer. Roadway/drives shall be a negative 2% grade from the edge of existing Town road pavement for a minimum of 30 feet, unless otherwise approved. The intersection angle of the roadway/drive shall be as close to 90° as possible.
Curbs. On all roads in the C-1, C-2 and R Zones, portland cement concrete curbs shall be constructed on both sides of the street, as shown in Figures 1, 2 and 3,[1] prior to laying road pavement to the dimensions and specification shown in Figure 6.[2] A base course of four inches of suitable roadway subbase material compacted and free of stone over two inches in thickness shall be laid under all curbing. Concrete shall be used and shall be finished and cured to the satisfaction of the Town Highway Superintendent and the Town Engineer. The offeror, at his own expense, shall replace any sidewalks that have settled, cracked, scaled or become damaged in any way before and within the one-year maintenance period after dedication. Curbs shall be depressed five inches at all driveways. Stone curbs or precast curbs may be substituted only upon the written approval of the Town Highway Superintendent. Curbs may be required as part of a subdivision or site plan in the HD, I, R-1 or R-Ag-1 Zones at the discretion of the Planning Board.
[1]
Editor's Note: Said figures are included at the end of this chapter.
[2]
Editor's Note: Said figure is included at the end of this chapter.
Sidewalks. On all roads in the C-1, C-2 and R Zones, unless otherwise approved by the Town Board, portland cement concrete sidewalks shall be constructed on one side of the street (or both, if so required by the Town Board), as shown in Figure 6.[3] Concrete shall conform to § 130-14.6 of these specifications and shall be finished and cured to the satisfaction of the Town Highway Superintendent and the Town Engineer. The offeror, at his own expense, shall replace any sidewalks that have settled, cracked, scaled or become damaged in any way by the offeror before and within the one-year maintenance period after dedication. Sidewalks shall be depressed at all driveways. Sidewalks may be required as part of a subdivision or site plan in the HD, I, R-1 or R-Ag-1 Zones at the discretion of the Planning Board.
[3]
Editor's Note: Said figure is included at the end of this chapter.
Intersections.
All intersections with existing Town roads shall be constructed with the edge of pavement having a radius of 25 feet. Intersections within a development shall be constructed with the edge of pavement having a radius of 25 feet. All intersection roads shall have a horizontal sight distance of no less than 250 feet in each direction and shall comply with § 130-12B of this specification.
All intersections with existing county roads shall conform to the Policy and Standards-Permit Work within County Right-of-Way (latest edition), and shall be subject to the approval of the Ulster County Commissioner of Highways and Bridges, in accordance with Article V, § 102, and Article VI, § 136, of the Consolidated Laws of New York.[4]
[4]
Editor's Note: See the Highway Law of the State of New York.
Where a proposed road intersects a Town or county road, the approved plans will show the proposed type, length and diameter of pipe and drainage flow along said road. The pipe will be installed and paid for by the offeror under the review of the Town Highway Superintendent, the Town Engineer and the County Commissioner of Public Works or his representative, as applicable. The County Commissioner of Public Works shall be notified of all intersections with county roads for approval of location, grade and drainage structures prior to any construction of the proposed street.
§ 130-13 Paved gutters on roads.
At their discretion, the Planning Board may require that paved gutters be constructed the entire length of the proposed street on both sides. Such paved gutters shall be considered as part of the construction of shoulders after the street pavement has been laid. Grading of shoulders and paved gutters shall be simultaneous, being shaped and rolled just prior to the application of the bituminous concrete (asphalt) for shoulders and paved gutters. The grades on paved gutters shall be maintained relative to the center line elevation to ensure positive runoff of surface water. It would be noted that the foundation course of the street pavement extends to the outer edge of the paved gutters.
§ 130-14 Roadway structure materials.
All materials used as part of the road structure are subject to the approval of the Town Highway Superintendent and the Town Engineer. Prior to the delivery of any materials or the construction of any work, the offeror shall submit to the Town Engineer data and testing results, and samples if requested, for all materials proposed to be used. No material shall be delivered or placed until the proposed materials have been accepted.
§ 130-14.1 Foundation course.
Foundation course (subbase), select granular material.
Description. As part of the construction of all Town roads or in the preparation of a road for offering to the Town, the offeror shall furnish and place a select granular material foundation course of gravel, blast furnace slag, broken stone or other acceptable granular material in the places designated on the plans and in such other locations as field conditions require. The thickness and locations of the foundation course will be as shown on the typical cross sections, as shown in the figures attached to these specifications.[1]
[1]
Editor's Note: Said figures are included at the end of this chapter.
Materials.
All granular material acceptable for this item shall be of sound, hard, durable stone, gravel or blast furnace slag, well graded from coarse to fine, and shall meet the approval of the Town Highway Superintendent and the Town Engineer. The particles shall not exceed such size as will pass through a two-inch square hole; 30% to 65%, by weight, shall pass the one-fourth-inch square sieve; 5% to 40%, by weight, shall pass the No. 40 mesh sieve; and not more than 10%, the No. 200 mesh sieve in accordance with ASTM Designation D422 (latest revision). The particles passing the No. 40 mesh sieve shall have a maximum plasticity index of 5. Of the particles retained on the one-half-inch square sieve, not more than 30%, by weight, shall consist of flat or elongated pieces. A "flat or elongated piece" is defined herein as one the greatest dimension of which is more than three times the least dimensions.
The quality of the gravel, stone or slag particles shall be determined by the magnesium sulphate soundness test. The maximum percent loss at four cycles, by weight, shall be 20.
The source of the material shall be stripped of all sod, topsoil, overburden and other objectionable material before the excavation operations for the material are started and shall be kept stripped at minimum of 30 feet from the top of the working face of the source at all times.
The material shall be stockpiled on site or otherwise be made available for inspection by the Town Highway Superintendent and/or the Town Engineer prior to placement. Prior to material being delivered to the site, the developer/offeror shall furnish the Town with certified laboratory test results for the material to be utilized.
Should, at any time during work and for any reason, in the opinion of the Town Highway Superintendent or the Town Engineer, the material fail to conform to the specified quality and gradation requirements, the offeror shall, by the addition of selected acceptable material and/or satisfactory manipulation, produce a material meeting the above requirements, and he shall retest the material to demonstrate compliance to the satisfaction of the Town Highway Superintendent and the Town Engineer.
It is the intent of this specification to provide a foundation course material meeting or exceeding the requirements of Gradation Type No. 4 subbase material, as specified under Section 304 of the New York State Department of Transportation Standard Specifications — Construction and Materials (latest revision).
Construction details.
After excavation from the source and processing and blending, if necessary, the material shall be stockpiled. Stockpile shall be located at a distance of not less than 50 feet from the outside bottom edge of the conical stockpile built up under the processing plan conveyor or not less than 50 feet from the toe of the working face of the source. Unless otherwise approved, in writing, these stockpiles shall be formed in layers having a maximum thickness of two feet and to a height not exceeding 12 feet and shall contain not less than 1,000 cubic yards or the amount needed for the job, whichever is smaller. Removal of material from stockpiles for placement on the grade shall be by side excavation along nearly vertical faces for the full depth of the stockpile. The use of a clamshell-type bucket for loading the removal trucks or the use of pan-type scrapers for moving the stockpile material to its final position as subbase course will not be permitted.
No material shall be added to a stockpile after the stockpile has been sampled for approval. Only material from approved stockpiles shall be placed on the grade for this item. The presence of any oversize particles in the stockpile will be cause for refection of the entire stockpile.
No material shall be removed for use from any stockpile until the stockpile has been sampled, tested and approved by the Town Highway Superintendent and the Town Engineer for placement on the grade. Approval of a stockpile for placement on the grade shall not relieve, in any degree, the full responsibility of the offeror to furnish, in its compacted position, a subbase course of select granular materials, the final condition of which conforms to all requirements of the specifications for this item.
The spreading of any layer of this material shall be done with spreader equipment acceptable to the Town Highway Superintendent and shall be spread to such thickness that the maximum depth of the layer, after compaction, will be six inches. Spreading from piles dumped on the roadway will not be permitted. No segregation of large or fine particles will be allowed, but the material, as spread, shall be well graded, with no pockets of fine material. Water shall only be added and in such amounts as acceptable to the Town Highway Superintendent and Town Engineer and only as necessary to obtain satisfactory compaction.
When the moisture content of the layer is within the limits for proper compaction, the entire surface shall be rolled with a smooth steel wheel roller having a minimum weight of 10 tons. Each portion of the layer shall be covered by a minimum of eight passes of the roller.
For heavier, vibratory or more efficient types of approved compaction equipment, the minimum number of passes required on all portions of each layer shall be acceptable to the Town Highway Superintendent. In limited areas, where the use of a roller is impractical, approved vibrating plate compactors or impact rammers shall be used to compact the material.
After compaction, the top surface of this course shall not extend above nor more than 1/2 inch below true grade and surface at any location. The foundation course, at any location, shall be compacted, finished and completed to the above tolerance and approved by the Town Highway Superintendent before any succeeding course is placed at that location. Any depressions or holes shall be filled with approved material conforming to specification and the surface rerolled.
In all cases, this subbase course must be so thoroughly compacted that it will not weave under the roller.
The width of the layer of this subbase course shall be restricted to that required for placement of the lane being paved and shall not be laid in excess of 500 linear feet without being compacted. No traffic or hauling other than that necessary for bringing material for the next course shall be permitted over this course. Should the subgrade or any other material become churned up into or mixed with this foundation course through any reason whatsoever, the offeror shall, at his own expense, remove such mixtures and repave with select granular material acceptable for this item.
The offeror shall assume full responsibility for any contamination and/or degradation of any part of this course during construction and shall, at his own expense, remove any and all portions this course which do not conform to the requirements of these specifications and replace these portions with specified material.
§ 130-14.2 Pavement; base course.
After the foundation course has been inspected, proof rolled, and accepted by the Town Highway Superintendent and the Town Engineer, and found to be at a grade allowing the proper depth of finished pavement, the following shall be laid:
Hot-mix asphalt concrete pavement.
Material.
The base course shall consist of a hot-mix asphalt concrete, conforming in all respects to the requirements for base course, Type 1, as stated in the New York State Department of Transportation Standard Specifications - Construction and Materials, Section 401 (latest edition). A hot-mix base course shall be constructed on a prepared base in accordance with these specifications and in conformance with the lines, grades, thicknesses and detail shown on the typical cross sections for the type of road involved, as shown on the figures provided with this specification.[1]
[1]
Editor's Note: Said figures are included at the end of this chapter.
A hot-mix base course shall consist of aggregates, filler, if required, and bituminous material proportioned in accordance with Table 401-1 of the New York State Department of Transportation Standard Specification for a Type I dense base course.
Placement.
Pavement shall not be placed on any wet surface, any soft surfaces or when the surface temperature is less than 45° F. Temperature shall be measured on the surface where the paving is to be placed and the controlling temperature shall be the average of three temperature readings taken at locations 25 feet, plus or minus, apart.
The roadway surface to be covered shall be free from holes, depressions, bumps, waves and corrugations. Any unsuitable surface areas shall be repaired by replacement of the unstable materials or by patching with a material to produce a tight surface having the same elevation as the surrounding surface.
All equipment and the condition of the equipment shall meet the approval of the Town Highway Superintendent.
§ 130-14.3 Pavement; finish course.
After the base course has been placed, inspected and approved by the Town Highway Superintendent, one of the following two top courses shall be laid (selection in accordance with road classification):
Hot-mix asphalt concrete pavement.
Material.
The finish course shall consist of a hot-mix asphalt concrete, conforming in all respects to the requirements for top course, Type 6F, as stated in the New York Department of Transportation Standard Specification — Construction and Materials (latest edition).
A hot-mix finish course shall be constructed in accordance with these specifications and in conformance with the lines, grades, thicknesses and detail shown on the typical cross sections for the type road involved, as shown on the figures provided with this specification.[1]
[1]
Editor's Note: Said figures are included at the end of this chapter.
A hot-mix finish course shall consist of aggregate, filler, if required, and bituminous material proportioned in accordance with Table 014-1 of the State Specification for a Type 6F dense granular top course.
Placement. Pavement shall not be placed on any wet surface or when the surface temperature is less than 45° F. Temperature shall be measured as noted in § 130-14.2A(2) of this specification.
Double bituminous surface treatment (alternate finish course).
Material.
Only when approved by the Town Highway Superintendent and the Town Engineer and only for minor roads, an alternate finish course consisting of a double bituminous surface treatment wearing course shall be permitted. Such alternate finish course will only be permitted when the base course has been constructed at the thickness associated with this alternate pavement structure. All work shall be performed per the detail shown on the typical cross sections, as shown on the figures provided with this specification.[2]
[2]
Editor's Note: Said figures are included at the end of this chapter.
The bituminous material required for the surface treatment shall meet the requirements of New York State Department of Transportation Section 702, Bituminous Materials, and shall be an asphalt emulsion.
The aggregate for surface treatments shall be crushed stone, meeting the requirements of New York State Department of Transportation Section 703-02, Coarse Aggregates. In addition, any aggregate used for surface treatments on pavement shall not contain more than 5% Chert. The aggregate size for the first course shall be No. 1 and the second course shall contain aggregate size No. 1A.
Placement.
Bituminous material shall not be applied on a wet surface, when the air temperature is below 50° F. or greater than 95° F., unless otherwise permitted, or when weather conditions would prevent the proper construction of the surface treatment. The following equipment shall be required:
The bituminous material distributor shall be so designed, equipped, maintained and operated that the bituminous material at even heat can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0.02 gallon per square yard. Distributor equipment shall include a tachometer, accurate volume measuring devices or a calibrated tank and a thermometer for measuring temperatures of tank contents. Distributors shall be equipped with a power unit for the pump and full circulation spray bars adjustable laterally and vertically.
The distributor and/or transport shall be equipped with a sampling valve so designed and installed as to be nonclogging and safe. When samples are taken through such valves, they shall be considered representative of all material in the tank.
The pneumatic rubber tire roller shall be self-propelled and have oscillating wheels with smooth-tread tires. The tire or contact pressure shall be as acceptable to the Town Highway Superintendent. The roller shall be operated at a maximum speed of five miles per hour.
The bituminous material distributor and aggregate spreader shall be subject to the acceptance of the Town Highway Superintendent.
The surface shall be free from irregularities to provide a reasonably smooth and uniform surface to receive the treatment. Areas which are stable and firm and require one inch or less in thickness to patch or shape the surface may be patched with surface treatment materials. Unstable and/or corrugated areas shall be removed and replaced. Areas requiring replacing, patching or shaping in excess of one inch in thickness shall be constructed with materials acceptable to the Town Highway Superintendent and the Town Engineer.
A power broom shall be used to clean any loose material from the pavement surface before the bituminous material is applied. Manhole covers, drop inlets, catch basins and any other structures within the roadway area shall be protected against the application of the surface treatment materials.
Bituminous material shall be applied by means of a pressure distributor in a uniform, continuous spread over the section to be treated and within the temperature range specified. The quantity of bituminous material to be used shall be 0.5 gallon per square yard for the first course and 0.4 gallon per square yard for the second course for the indicated aggregate gradation, unless otherwise approved. A strip of building paper at least three feet in width and with a length equal to that of the spray bar of the distributor, plus one foot, shall be used at the beginning of each spread. If the cutoff is not positive, the use of paper may be required at the end of each spread. The paper shall be removed and disposed of in a satisfactory manner. The distributor shall be moving forward at proper application speed at the time the spray bar is opened. Any skipped areas or deficiencies shall be corrected. Junctions of spreads shall be carefully made to assure a smooth riding surface.
The length of spread of bituminous material shall not be in excess of that which trucks loaded with cover coat material can immediately cover.
The spread of bituminous material shall not be more than six inches wider than the width covered by the cover coat material from the spreading device. Under no circumstances shall operations proceed in such a manner that bituminous material will be allowed to chill, set up, dry or otherwise impair retention of the cover aggregate.
The distributor, when not spreading, shall be parked so that the spray bar or mechanism will not drip bituminous material on the surface of the traveled way.
Immediately following the application of the bituminous material, cover aggregate shall be spread in the range of 15 to 25 pounds per square yard for the indicated aggregate, unless otherwise approved. Spreading shall be accomplished in such a manner that the tires of the trucks or aggregate spreader at no time contact the uncovered and newly applied bituminous material.
Immediately after the cover aggregate is spread, any deficient areas shall be covered by additional material. If the application of the aggregate cover by the spreader is not uniform, the Town Highway Superintendent may require the contractor to use a drag broom before rolling. Pneumatic tire rolling shall begin immediately and shall be continued until three complete coverages are obtained.
Any free bituminous material on the surface caused by a deficient amount of cover aggregate shall be covered in such a manner so as not to displace imbedded material. Excess material shall be swept from the entire surface by means of brooms. The surface shall be swept at the time determined by the Town Highway Superintendent.
Traffic shall be discontinued on the lane being surface treated, and as soon as the final layer is applied and rolled, controlled traffic may be permitted thereon. Traffic shall be maintained at a speed not to exceed 15 miles per hour for two to four hours after rolling. The time and minimum requirements of traffic control shall be as acceptable to the Town Highway Superintendent.
Sufficient time shall elapse between the completion of the first course and the placing of the surface course so that the bituminous material in the first course has time to set or cure.
§ 130-14.4 Miscellaneous materials.
Stabilization fabric. Where called for in the design or required by the Town Highway Superintendent and/or the Town Engineer, the offeror shall, at his own expense, provide and install a high-tensil-strength, high modules (low deformation under load) woven-type stabilization fabric under the pavement subbase.
Fabric shall meet the following minimum properties in accordance with American Society for Testing and Materials test methods:
Item | Value | |
|---|---|---|
Grab tensile strength | 300 pounds | |
Grab tensile elongation | 35 maximum | |
Modulus (at 10% elongation) | 140 pounds | |
Burst strength | 600 pounds per square inch | |
Trapezoid tear strength | 120 pounds | |
Puncture resistance | 130 pounds |
§ 130-14.5 Approval of materials.
All materials used as part of the road shall be subject to the approval of the Town Highway Superintendent and the Town Engineer. Prior to the delivery of any materials or the construction of any work, the offeror shall submit to the Town Engineer data, test results, manufacturer's literature and/or samples for all materials proposed to be used. No material shall be delivered or placed until the proposed materials have been accepted.
§ 130-14.6 Reinforced concrete.
General.
All concrete used in the construction of concrete curbs, sidewalks, headwalls, catch basins and other miscellaneous items shall be plant mix portland cement concrete, complete with reinforcing as called for in the details provided with these specifications. All concrete provided shall have a minimum compressive strength of 3,500 pounds per square inch at 28 days, with the exception of headwalls and any other structural elements, which shall have a minimum compressive strength of 4,000 pounds per square inch at 28 days.
The quality of all types of finished concrete surfaces shall be that which can be truly classified as good standard practice in the trade for each respective type or kind of surface.
The portland cement concrete shall consist of a homogeneous mixture of cement, water, fine aggregate, course aggregate and admixtures proportional and mixed according to the American Concrete Institute Code of latest edition and these specifications.
Reinforcement.
Reinforcing bars shall conform to the requirements of ASTM A615 (latest revision), Grade 40.
Welded plain wire fabric for concrete reinforcement shall conform to Specifications for Welded Steel Wire Fabric for Concrete Reinforcement (ASTM A185), except that welded intersections shall be spaced not farther apart than 12 inches in the direction of the principal reinforcement.
All bar accessories for support, holding and spacing of reinforcement shall be in accordance with the recommendations of the Manual of Standard Practice for Detailing Reinforced Concrete Structures of the American Concrete Institute except as specifically modified by details on the design drawings as approved.
Welding of reinforcement shall conform to AWS D12.1. Plastic-tipped chairs are required for all concrete except for slabs on ground.
Concrete mix.
Cement shall be portland cement, Type 2, conforming to ASTM C160. Fine aggregate shall meet the following gradation requirements, unless otherwise approved:
Sieve Size | Passing by Weight | |
|---|---|---|
3/8 inch | 100% | |
No. 4 | 90% to 100% | |
No. 8 | 75% to 100% | |
No. 16 | 50% to 85% | |
No. 30 | 25% to 60% | |
No. 50 | 10% to 30% | |
No. 100 | 1% to 10% | |
No. 200 | 0% to 3% |
Coarse aggregate shall be crushed stone, crushed gravel or crushed slag. This aggregate shall be clear and uncoated and meet the following gradation requirements, unless otherwise approved:
Sieve Size (inches) | Passing by Weight (percent) | |
|---|---|---|
2 1/2 | -- | |
2 | -- | |
1 1/2 | 100% | |
1 | 93% to 100% | |
1/2 | 27% to 58% | |
1/4 | 0% |
Air-entraining agents shall conform in all respects to the requirements of ASTM C260, except that nonliquid agents will not be permitted. The testing to determine if the agent yields the required properties shall be performed in accordance with ASTM C233.
All concrete shall contain an air content between 4% and 8%. The air content shall be determined in accordance with ASTM C173.
Admixtures shall be added in the amounts necessary to achieve the required air content and/or set retardation. These materials shall not be considered as part of the solid volume. Other admixtures shall not be used without acceptance by the Town Engineer.
Water shall be added in the amounts required to produce a slump between 2 1/2 inches and 3 1/2 inches while maintaining a water/cement ratio of approximately 0.65 by weight.
Installation.
A record of each concrete delivery shall be produced and provided to the representatives of the Town. This record shall contain the quantities of each aggregate component, cement, water and admixture(s) for each batch. Additionally, the hatching record shall show the batch number, day, month, year and time of day.
The offeror shall, at his own expense, provide representatives for the taking of concrete cylinders and making slump tests in the field, as well as retain the services of a concrete testing laboratory to make all such necessary tests and provide acceptable written reports to the Town Engineer.
The personnel taking the concrete cylinders and making slump tests in the field shall be provided by the offeror or the testing laboratory and shall be qualified field technicians completely familiar with the required tests. All personnel are subject to acceptance of the Town.
The type and capacity of all equipment used for mixing, transporting, placing and finishing concrete shall be subject to the acceptance to the Town Engineer.
Before depositing concrete, the excavations shall be free of water, frost or loose or softened earth; the forms shall be cleaned of all debris, ice or snow.
No concrete shall be placed when the atmospheric temperature is below 40° F. unless permission to do so is granted, in writing, by the Town Highway Superintendent and the Town Engineer. When cold weather concreting is approved, the same shall conform to ACI 306 (latest revision), Standard Recommended Practice for Cold Weather Concreting.
During periods of abnormally hot and dry weather, the contractor shall take all such appropriate actions and means to place the concrete immediately upon arrival at the site, finishing the work as soon as possible and immediately curing so as to retain moisture in the concrete and reduce temperature buildup. All concreting in hot weather shall conform to ACI 305 (latest revision), Standard Recommendation Practice for Hot Weather Conditions.
All curing shall comply to the requirement of ACI Standard 308 (latest revision), Standard Recommended Practice for Curing Concrete.
Expansion joints for concrete sidewalks and curbs shall be one-half-inch premolded expansion joint material meeting the specifications of ASTM D-1751.
All porous or defective concrete of any kind occurring prior to final acceptance of the work shall be remedied by the offeror at his expense and to the satisfaction of the Town Engineer and the Town Highway Superintendent.
§ 130-14.7 Manhole cover castings.
For purposes of standardization and proper, timely and safe replacement, all manhole cover castings shall be Campbell No. 1007C and shall be considered standard for supply on Marlborough Town roads. Substitution of or-equal castings shall be only when approved, in writing, by the Town Highway Superintendent.
§ 130-14.8 Guardrails.
Where called for in the design or required by the Town Highway Superintendent and/or the Town Engineer, the offeror shall, at his own expense, provide and install galvanized steel guide rail or box beam guide rails.
Galvanized steel guide rails shall be corrugated type, W-beam type, typically with W 6 by 9 posts, terminal sections, anchors and details of construction as acceptable to the Town Highway Superintendent and the Town Engineer. Rail shall have a minimum weight per foot of 6.8 pounds. Rail shall be mounted to the galvanized posts with galvanized bolts and plate washers. Where the top of rail height is over 27 inches, a cold-formed channel rub rail shall be provided. All materials for installation for guide rails shall be in compliance with NYSDOT Specifications Section 606 year of latest revision, and material shall be in compliance with Section 710-20.
Where box beam guide rails are proposed, guide rails shall meet NYSDOT Specification 606, year of latest revision. Materials shall meet NYSDOT 710-21 complete compliance with NYSDOT and ASTM. Specifications for guide rails will be required including materials and installation for either type utilized.
§ 130-14.9 Street identification signs.
Signs shall be double-faced, assembled with engineer-grade reflective sheeting on extruded aluminum blades. Signs shall be white characters on a green background or black characters on a white background, six inches in height, by length as necessary for specific installation. Letters shall be three inches, uppercase FHWA Series C of reflective sheeting. All signs shall be manufactured per United States Bureau of Public Roads standards and shall be chemically treated to meet ASTM B449 (latest revision) for pretreatment for paint or reflective sheeting.
[Amended 5-23-2022 by L.L. No. 5-2022]
Sign posts shall be 2 3/8 inches outside diameter, 65/100-inch wall thickness, hot-dipped galvanized steel painted green, 10 feet in length, set three feet into solid ground.
Identification signs for private roads shall be of identical configuration, mounted below the private road's street name identification sign. The sign shall bear the characters "PRIVATE ROAD" or "P.V.T."
All street names, including those for private roads, are subject to the approval of the Town Board, and no name created shall be identical or undesirably similar to any existing street name. Any name created shall be registered with the Town Clerk.
Street names are also required to be submitted for approval to the Ulster County Real Property Tax Agency.
§ 130-14.10 Traffic control devices; pavement markings.
Traffic control devices shall only be installed where approved by the Town Board and Town Highway Superintendent and, if applicable, the other governmental agency having jurisdiction for the intersecting roadway involved. All signs and pavement markings shall be of the type, size, color, shape and general construction and placement, in accordance with the criteria called for in the Manual of Uniform Traffic Control Devices (latest revision), as promulgated by the New York State Department of Transportation, Traffic and Safety Division.
Signs shall be constructed of stock aluminum, manufactured in accordance with United States Bureau of Public Roads standards and treated to meet ASTM B449 for pretreatment for paint or reflective sheeting.
Signs shall be mounted to heavy-weight rib-back channel posts finished with a green baked-enamel coating. Posts shall be three pounds per foot weight, manufactured from high tensile steel. Posts shall be set a minimum of three feet into solid ground.
§ 130-14.11 Encroachments.
Encroachments into Town right-of-way. It shall be considered unlawful for any person, persons, developer, firm or other entity to construct or cause to have constructed or place or otherwise create encroachments which are located within the Town right-of-way unless the specific item has been submitted to the Town and approved in accordance with this specification or other applicable laws.
Should any signs, landscaping elements, shrubs or other plants, improperly placed mailbox or any other obstruction or encroachment so exist and be deemed a hazard or otherwise an unsafe or unacceptable condition by the Town Highway Superintendent, the person, persons, developer, firm or other entity responsible for such item shall cause the encroachment to be immediately removed. Should this fail to occur within a time deemed reasonable by the Superintendent, the Town reserves the right to correct the encroachment, with the cost for the same to be borne by the responsible party.
§ 130-14.12 Mail- and delivery boxes.
No mailbox or newspaper delivery box, hereafter referred to as "mailbox," will be allowed to exist within a Town right-of-way if it interferes with the safety of the traveling public or the function, maintenance or operation of the roadway or pedestrian system. A mailbox installation that does not conform to the provisions of this regulation will be considered an unauthorized encroachment.
The location and construction of mailboxes shall conform to the rules and regulations of the United States Postal Service, as well as to standards established by this specification.
No mailbox will be permitted where access is obtained from the lanes of a major road or where access is otherwise prohibited by law or regulation.
In general, mailboxes shall be located on the right-hand side of the roadway in the direction of the delivery route except on one-way streets where they may be placed on the left-hand side. The bottom of the box shall be set at an elevation established by the Untied States Postal Service, usually between three feet six inches and four feet zero inches above the roadway surface. The roadside face of the box shall be offset from the edge of the traveled way a minimum distance of the greater of the following: eight feet, where no paved shoulder exists; the width of the all-weather shoulder present, plus eight to 12 inches; or the width of an all-weather turnout, plus eight to 12 inches.
On curbed streets, the roadside face of the mailbox shall be set back from the face of the curb a distance between six and 12 inches. On residential streets without curbs or all-weather shoulders and that carry low traffic volumes operating at low speeds, the roadside face of a mailbox shall be offset between eight and 12 inches behind the edge of pavement. Mailboxes shall not be placed so as to obstruct any sidewalk or established pedestrian way.
It shall be the responsibility of the owner to coordinate these requirements with the requirements of the United States Postal Service.
§ 130-14.13 Stabilization seeding.
After all construction within the right-of-way has been completed, all nonpaved areas shall be finish graded and seeded. Seeding mix shall be as follows:
Components | Application (pounds per 1,000 square feet) | |
|---|---|---|
Perennial ryegrass (Lolium perenne) | 10 | |
Fertilizer (10-20-10) | 14 | |
Limestone | 135 | |
Mulch (unrotted straw or salt hay) | 70 |
All seeding shall be performed on a ground surface consisting of a minimum of four inches of topsoil. This work may be performed at any season of the year when a mulch is used unless otherwise specified. When conditions of high winds, excessive moisture or ice are such that satisfactory results are not likely to be obtained, the work shall be stopped and will be resumed only when the desired results are likely to be obtained or when acceptable corrective measures and procedures are adopted.
Areas to be seeded shall be maintained at acceptable grades. Irregularities which will form low places and hold water shall be eliminated. The offeror shall care for the seeded and mulched areas until the end of the maintenance bond term. Such care shall consist of repairing any areas damaged following the seeding or mulching operations due to wind, water, fire or other causes. Such damaged areas shall be repaired to reestablish the condition and grade of the area prior to seeding and shall then be refertilized, reseeded and remulched as specified herein.
§ 130-14.14 Sidewalks.
No owner or occupant or other person shall place, keep, permit or cause to be placed or kept on any sidewalk in front of, adjoining or adjacent to such premises any goods, wares, merchandise, boxes, barrels, display signs or material things of any kind or description nor shall they in any manner obstruct any such sidewalk or in any manner obstruct or interfere with the use of any such sidewalk. Nothing contained in this article shall prevent such persons from placing foods, wares or merchandise on the sidewalk temporarily while loading or unloading the same, provided that it be done without unnecessary delay and provided that such goods, wares or merchandise are not allowed or permitted to remain on such sidewalks within the prohibited area for a period longer than one hour.
§ 130-14.15 Work in existing Town streets.
All work to be performed within an existing Town street shall be subject to the approval of the Town Highway Superintendent. The contractor, developer or other such person performing the work shall be required to obtain a road opening permit and pay any and all such fees that may apply relation to the same.
The contractor or person performing the work shall be required to submit to the Town a certificate of insurance listing the Town of Marlborough as additional insured (providing primary coverage), providing liability and property damage insurance with a limit of liability not less than $1,000,000.
All work shall be subject to the review of Town representatives, and the contractor or person performing the work shall schedule such work as to permit the necessary reviews and inspections. Where applicable, a fee shall be paid to the Town for such reviews and inspection.
All work shall be in accordance with generally accepted and recognized guidelines and the specifications for road opening permit guidelines in effect at the time of the work.
§ 130-14.16 Private roads.
[Amended 10-12-2010 by L.L. No. 7-2010]
A "private road" shall be defined as a road privately owned and maintained as an access way for between two to four lots, connecting to a public street. No more than four lots may be served by a private road. However, up to two additional lots may use the private road, if a private agreement so allows, provided that those two additional lots have the minimum required frontage under Chapter 155, Schedule I, of the Town Code on a public street or highway. Lots enjoying frontage variances on a public street or highway shall not be eligible to increase the number of lots on a private road. For purposes of the private road use count, no distinction shall be made between developed or undeveloped lots having the right to utilize said private road. However, the private road use count as addressed under this subsection must be considered prior to any building permit being issued for any lot. Excess lots on a private road shall not be eligible for a building permit. No subdivision shall contain more than one private road.
[Amended 8-13-2018 by L.L. No. 4-2018]
The owner of any lot or parcel that abuts an approved private road shall be the fee owner to the centerline of the private road along the full width of the lot or parcel. A proposed easement as necessary to provide for ingress, egress and/or access to and over a private road for all parcels on the private road shall be submitted to the Planning Board for review and approval by the Planning Board attorney prior to granting of final approval for any subdivision or site plan application containing a private road.
In all cases, dimensions used in determining compliance with zoning bulk, frontage and setback regulations shall be measured from or along the right-of-way lines indicated for the private road.
Responsibility for maintenance.
Where a subdivision plat containing a private road is approved and filed with the Ulster County Clerk, such subdivision plat shall contain a note clearly stating that the subdivision contains a private road which the Town of Marlborough has no responsibility to maintain, nor provide services for, nor make any improvements to; that all such costs shall be borne by the property owners approved to use said road in accordance with the terms of maintenance declaration or agreement, as referenced herein below.
All private roads will have provisions for the maintenance of said private road, pertinent drainage facilities and other improvements incorporated in a maintenance declaration or agreement which shall be recorded in the Ulster County Clerk's office at the time of filing of the subdivision plat and prior to the transfer in ownership of any subdivision lot. A proposed private road maintenance agreement shall be submitted to the Planning Board for review and approval by the Planning Board attorney prior to granting of final approval for any subdivision application containing a private road. The private road maintenance agreement shall require the maintenance of all aspects of the private road, including, but not limited to, snowplowing, sanding, pavement repairs, maintenance and cleaning of drainage structures and mowing, and shall provide that such maintenance shall be the responsibility of the owners of the private road. Such private road maintenance agreement shall further provide for an annual safety access inspection for fire and emergency services. Private road maintenance agreements shall not prohibit future modifications to allow for extensions or upgrades to the private road. A copy of the private road maintenance agreement shall be filed with the Town of Marlborough Building Department and Ulster County Clerk.
A private road may not be offered for dedication to the Town of Marlborough unless the owners of the private road shall first have caused it to meet the current applicable street specifications in the Town of Marlborough, identified in Article I of this chapter. In the event a private road is dedicated to the Town of Marlborough, the front lot line of all parcels adjacent to such road shall be located at least 25 feet from the centerline of the road.
There shall be adequate provision for maintenance of private roads serving multifamily residential developments, including condominium or townhouse projects, by means of an acceptable homeowners' association or similar entity.
Private road construction specification. If the Planning Board shall authorize the construction of a private road in accordance with the standards set forth in this chapter, said private road shall at a minimum conform to the standards set forth below.
The maximum permitted length of a private road to serve a proposed subdivision or multifamily residential development, including a condominium or townhouse project, shall be determined by the Planning Board upon a finding that such maximum length would not be detrimental to the public health, safety, welfare and general convenience.
The private road will have the subbase prepared and compacted to the maximum density. Where grade alteration is required, the same shall be by use of run-of-bank or other no-frost-susceptible material, compacted to maximum density.
Said private road will have a base course which conforms to the requirements for a minor road as set forth in this chapter.
The paved portion of a private road shall not be less than 24 feet in width and shall have, in addition, shoulders three feet in width on both sides of the road, which shoulders shall be compacted to maximum density, and shall also have a three-foot-wide drainage swale adjacent to each shoulder.
The right-of-way reserved for all private roads shall not be less than 50 feet in width; rights-of-way for culs-de-sac shall not be less than 80 feet in diameter.
Dead end private roads shall end in a cul-de-sac; said cul-de-sac shall have a finished surface being not less than 60 feet in roadway diameter. The maximum length of a private road which ends in a cul-de-sac shall not exceed 2,000 feet.
No portion of any private road shall have a grade exceeding 14% except that all work within the public road rights-of-way shall conform to the appropriate standards of the agency having jurisdiction over the same. Where the slope of a private road exceeds 10%, the Planning Board may set reasonable requirements, including but not limited to the provision of temporary parking areas, in order to protect the public health, safety and welfare.
All side slopes of lands adjacent to the private road within the private road right-of-way shall not be steeper than a slope of 2:1. Alternate side slopes using alternate methods of stabilization and control may be approved by the Planning Board on a case-by-case basis.
If a private road is constructed over a place where water runs regularly or intermittently underneath said road or will be caused to do so as part of the proposed subdivision, coated corrugated metal pipe (CMP) culvert or any alternative pipe materials approved by the Planning Board shall be installed underneath the road to permit the passage of water under said road. The size of such pipe shall be as determined to be acceptable by the Town Engineer.
All private road names shall be approved by the Town Board. Such road name shall be posted by street sign which is identical in construction, character and manner of posting as those currently installed by the Town of Marlborough for public roadways, except that the sign shall also be equipped with a separate additional sign of similar construction which identifies the road as a private road.
Road plan for private roads.
A plan of the proposed private road shall be included in the subdivision plat or site plan and shall be prepared by a qualified professional engineer and/or qualified land surveyor licensed by the state of New York for such design functions. The plan shall clearly define the limits of the proposed private road and any necessary easements by metes and bounds and shall include the location, widths, profiles and grades of the proposed roadway, storm drainage, including culverts, and other drainage structures and the location of all utilities.
Provisions for drainage and stormwater management shall be a part of the engineering plan for construction of the private road. No drainage districts shall be formed for the maintenance of such drainage facilities. In the event one or more retention ponds are included in such plans, their maintenance and the cost of such maintenance shall be included in the private road maintenance agreement required for the private road.
Plans for private roads approved by the Planning Board shall not be altered without resubmittal and approval of the Planning Board.
Private road construction completion. If the Planning Board shall authorize the construction of a private road in accordance with the standards set forth in this chapter, said private road shall be completed prior to the issuance of any building permit(s) for the approved subdivision plat or site plan, except as provided below in this subsection. Construction of the private road shall be completed within 36 months, or three years, of the date of final approval of the subdivision plat or site plan. Failure to complete construction within such time will require a new application and review by the Planning Board. The Planning Board, at its discretion, at the time of approval, may allow for issuance of a maximum of one building permit prior to completion of the private road. The posting of a performance security in lieu of such construction completion is prohibited.
Inspection, escrow and certification.
The construction of the private road must be inspected by the Town Engineer and Superintendent of Highways.
An initial escrow to cover the costs of such inspection must be established in the amount of $5,000, which escrow shall not be allowed to fall below the amount of $1,000 and which shall be replenished to an amount agreed upon between the applicant and the Town Engineer.
Upon completion of the private road, the applicant shall provide a certification to the Town by a professional engineer and/or licensed land surveyor, in writing, stating that this authorized representative has inspected all phases of the road construction and that that the construction of the private road has been completed in accordance with the approved plans and specifications in a workmanlike manner.[1]
[1]
Editor’s Note: Former Subsection I, regarding preexisting private roads, which immediately followed, was repealed 8-13-2018 by L.L. No. 4-2018.
§ 130-14.17 Interpretation.
[Amended 2-9-2009 by L.L. No. 2-2009]
Final decision as to the interpretation of any part of these road specifications shall rest with the Town Highway Superintendent.
The Town Board, after consultation with the Highway Superintendent, shall have the authority to waive or to modify the requirements of these specifications when, in its opinion, all of the following conditions are applicable:
Unique or peculiar conditions make it impracticable to follow the strict letter of these specifications without causing significant hardship to the property owner;
Issuing the waiver or modification will not establish precedent which tends to encourage efforts to avoid the standards established in this chapter;
The waiver or modification is not contrary to interests of public health, safety and welfare; and
The Town Board shall balance the interests of the public against those of the applicant, and the Town Board must find that the detriment to be suffered by the public, if any, by the granting of the waiver or modification is not greater than the benefit to the applicant in granting the waiver or modification.
Where the requested waiver or modification affects a matter pending before, formerly before, or foreseeable to come before the Planning Board, no action shall be taken without providing the Planning Board with opportunity to comment on not less than 30 days’ written notice.
§ 130-14.18 Applicability.
§ 130-15 Civil action prohibited; exceptions.
No civil action shall be maintained against the Town or Town Superintendent of Highways, nor other employees or officers thereof, acting in such capacity for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, culvert, park, recreational facility, grating, opening, drain, sewer, pier or dock being defective, out of repair, unsafe, dangerous or obstructed unless, prior to the occurrence resulting in such damage or injuries, written notice of the defective, unsafe, dangerous or obstructed condition of such highway, bridge, street, sidewalk, crosswalk, culvert, grating, opening, drain, sewer, pier or dock was actually given to the Town Clerk or Town Superintendent of Highways, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of.
No such action shall be maintained for damages or injuries to personal property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, culvert, park, recreational facility, grating, opening, drain, sewer, pier, or dock, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.[1]
§ 130-16 Written notice requirements.
The written notice hereunder shall contain at least the following information:
Name and mailing address of the person giving the notice.
A precise statement as to the nature and extent of any defective, unsafe, dangerous or obstructed condition or the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, culvert, grating, opening, drain, sewer, pier or dock within the Town of Marlborough.
The approximate date that such condition first became known to the person giving the notice.
The exact location of such condition, giving wherever possible reference to a street address, utility pole number or such other geographic reference as will aid the Town in properly locating such condition.
§ 130-17 Transmittal and presentation of written notices.
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after receipt thereof all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
§ 130-17.1 Record of notices.
The Town Clerk shall keep an index record in a separate book of all written notices which he or she shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any Town highway, bridge, street, sidewalk, culvert, park, recreational facility, grating, opening, drain, sewer, pier or dock, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice was received. The record of such notice shall be preserved for a period of five years from the date it is received.
§ 130-17.2 Terminology.
For the purpose of this article, the terms "streets," "highway," "sidewalk," "crosswalk," "pier," and "dock" shall include every path, step, or stairway and any other means of access of every kind, nature and description whatsoever leading thereto or therefrom, and which is owned, controlled and maintained by the Town of Marlborough.
§ 130-18 Purpose.
The purpose of this article shall be to preserve the public peace and good order in the Town, to contribute to the public welfare, safety and good order of its people and to contribute to the safe conveyance of its people over the streets and sidewalks of the Town by establishing certain regulations for the removal of snow and ice from the streets and sidewalks of the Town that are consistent with the rights and privileges of other residents of the Town.
§ 130-19 Deposits on streets prohibited.
No person, firm or corporation shall deposit, throw, place or strew, nor shall any person, firm or corporation cause to be deposited, thrown, placed or strewn, any snow or ice upon any Town street, avenue, roadway or highway.
§ 130-20 Deposit or accumulation on streets or private property.
No person, firm or corporation shall pile, gather up, plow up or in any way force any snow or ice upon any Town street, avenue, roadway or highway.
No person, firm or corporation shall pile, gather up, plow up or in any way force any snow or ice upon any terrace or parcel of land within six feet of any Town street, avenue, roadway or highway in such a manner as to cause the height of the snow and ice so piled, gathered, plowed or forced to exceed three feet six inches in height above the existing natural grade of said terrace or parcel of land within six feet of said Town street, except that it shall be unlawful to cover a fire hydrant with snow or ice.
No person, firm, corporation, property owner or occupant shall remove snow or ice from any parcel of real estate and place it upon another parcel of real estate without the express permission of the owner of the parcel of real estate upon which the snow or ice is to be placed.
Any person, firm or corporation piling, gathering or plowing up snow or ice on any Town street, avenue, roadway or highway or to an excess height, as indicated in Subsection B, shall forthwith remove the same at his or its expense, upon the request of the Superintendent of Highways of the Town of Marlborough.
Whenever any person, firm or corporation neglects or refuses to remove any snow or ice piled, gathered or plowed up by him or it in violation of this article within four hours after a request to do so by the Superintendent of Highways of the Town of Marlborough, the Town may remove or cause to be removed such accumulation at the expense of the owner or occupant of said property, and, upon the failure to pay the charge, the Town shall cause the expense thereof to be assessed against the property and become a lien thereon, collectible in the same manner as delinquent Town taxes.
§ 130-21 Duty to keep sidewalks clear.
It shall be the duty of the owner and occupant, jointly, of every parcel of real estate adjoining a Town sidewalk, whether the parcel of real estate is occupied by a structure or not, to keep such sidewalks adjoining such a property free from snow and ice for the full paved width of such sidewalk.
§ 130-22 Time for removal.
Snow and ice shall be removed within 24 hours after the end of a snowfall. Sidewalks in front of commercial establishments and commercial parking lots shall be kept free of snow and ice at all times.
§ 130-23 Icing of sidewalk.
In case snow and ice on any Town sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in § 130-22, be strewn and kept strewn with ashes, sand, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the Town sidewalks shall be completely cleared of snow, ice and other material strewn thereon, as provided in this article.
§ 130-24 Removal by Town.
Whenever the owner or occupant of every parcel of real estate adjoining a Town sidewalk fails to remove the snow and ice from such sidewalk adjoining such property within the time specified in this article or within four hours after notice of the Superintendent of Highways of the Town of Marlborough to remove the same, the Town may remove or cause to be removed such accumulation at the expense of the owner or occupant of said real property, and, upon a failure to pay the charge, the Town shall cause the expenses thereof to be assessed against the property and become a lien thereon, collectible in the same manner as delinquent Town taxes.
§ 130-25 Fall from building.
The owners or occupants of buildings adjacent to Town sidewalks shall prevent the falling of snow, ice or water from such building upon said Town sidewalks.
§ 130-26 Penalties for offenses.
Any person who shall violate any provision of this article shall, upon conviction, be guilty of a violation which shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.