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02 ij CORBALLY, GARTLAND AND RAPPLEYEA ~. ana QJotUtS'tIllfg at Ja1n BARDAVON BUILDING 35 MARKET STREET CHARLES J. CORBALLY (1966) JOHN J. GARTLAND, JR. RICHARD V. CORBALLY ALLAN E. RAPPLEYEA DANIEL F. CURTlN+ FRED W.SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DEBIASE PAUL O. SULLIVAN+ POUGHKEEPSIE, NEW YORK 12601 914-454- 1110 FLORIDA OFFICE: 50 SOUTH BELCHER ROAD BUILDING E. SUITE 122 CLEARWATER, FLORIDA 33515 813-461-3144 BRANCH OFFICE: BANK OF MILLBROOK BUILDING FRANKLIN AVE. MIL.L.BROOK, NEW YORK 12545 January 14, 1980 JOSEPH F. HAWKINS COUNSEL -MEMIIER N. Y. AND FLORIDA liAR ~F.CE'VED Betty-Ann Russ, Secretary Planning Board Town of Wappinger Wappingers Falls, New York 12590 Re: Phrasing for Highway Specifications Dear Betty-Ann: I cannot in good conscience accept the phrasing agreed to by the Board as it is very easy to commence construction on a road, let construction lapse for a substantial period of time, and then claim vested rights under the phrasing suggested by you, I believe the objective of the town is to have these roads installed as quickly as possible to avoid problems from residents who had purchased homes in the subdivision, If the developer has to tender roads in accordance with specifications in effect at the time of dedication, there will be little incentive to delay construction of roads. I am open to other suggestions on this matter, but I feel that the phrase suggested by the Board is not appropriate. JAN 1 4 1980 ELAINE H. SNOWDEN Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA Jon Holden Adams JHA/lh cc: Hans Gunderud, Zoning Administrator William P. Horton, Highway Superintendent Rudolph E. LaPar, P. E. .' Elaine H. Snowden, Town ClerkV Town Board U Tl~/ }/ " BARDAVON BUILDING ~~c ~/v. J4 tJ1 ~D /j 11 ~/,fl /980 8, 1M 1111'01" i CORBALLY. GARTLAND AN D RAPPLEYEA ~, W ~t1or. atJanr 35 MARKET STREET CHARLES J. CORBALLY (1966) JOHN J. GARTLAND, .JR. RICHARD V. CORBALLY ALLAN E.RAPPLEYEA DANIEL F. CURTIN'" FRED W. SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DEBIASE PAUL O. SULLIVAN+ POUGHKEEPSIE, NEW YORK 12601 914-454-1110 FLORIDA OFFICE: 50 SOUTH BELCHER ROAD BUILDING E. SUITE 122 CLEARWATER, FLORIDA 33515 813-461-3144 BRANCH OFFICE. BANK OF MILLBROOK BUILDING FRANKLIN AVE. MILLBROOK, NEW YORK 12545 January 10, 1980 JOSEPH F. HAWKINS COUNSEL ....EMBER N. Y. AND FLORIDA BAR Betty-Ann Russ, Secretary Planning Board Town of Wappinger Wappingers Falls, New York 12590 Re: Highway Specifications Dear Betty-Ann: At and the tions. your request, I have prepared the highway specifications provisions for performance bonds in the subdivision regula- Several things become obvious as a result of that comparison. The sUbdivisions~re hopelessly outdated. 1. 2. The subdivision regulations requiring the developer to maintain a road are illegal; he can be required to guarantee his construction for a year, but he cannot be required to maintain roads for a year. 3. The highway specs have the engineer and highway superin- tendent determining the amount of the bonds whereas the subdivision regulations have the planning board deter- mining the same. Additionally, both limit the amount of the cost figures then in effect. It is my suggestion that rather than have separate provisions addressing the same subject, consideration should be given to adop- tion of specifications comparable to those in the county "model" specifications for performance bonds and related matters, a copy of which I enclose. I suggest these as a model only as certain modifications might be appropriate, but they are more comprehensive and provide the town with more protection than is presently available under our present structure. JHA/lh Enc. cc: Town lfJ ~ t+ t:-eL-- Board'1/rf / go Very truly yours, Jon Holden Adams ~ , . PART I GENERAL PROVISIONS SECTION 10 PROCEDURES 10-1 Preparation and Submission of Highway Plan. Plans including profiles and construction details of the proposed highways shall be prepared by a qualified Professional Engineer or Land Surveyor properly licensed by the State of New York. The plans shall clearly define the limits of the proposed right-of-way and shall include the location, widths, profiles and grades of pro- posed roadways, typical road sections, storm drainage, including culverts and other drainage structures, and the location of easements and utilities. Plans shall first be submitted to the Town Superintendent of Highways and Town Engineer. When any proposed highway drains toward or may otherwise effect a County or State Highway, plans shall be submitted to County Commissioner of Public Works or New York State Department of Transportation for their review and comments, and to the Town Planning Board for review and approval under the applicable subdivision regulations of the Town. Such plans so submitted shall not be altered, modified or amended. after having been approved by the Planning Board, unless revised plans are resubmitted and approved by all proper authorities. However, the Developer shall at his own expense provide additional storm drainage facilities as may be ordered by the Town Superintendent of Highways, if during the progress of the work, in the opinion of the Town Superintendent of Highways, the Town: Engineer and/or the Commissioner of Public Works such additional structures or facilities are necessary to assure the durability of pavement, the future maintenance of right-of-way, and the welfare and safety of the Public. If construction has not been started within one (1) year from the date of final approval by ~he Town Planning Board, plans shall be resubmitted and approved as above. 10-2 Securities. 10-2.01 Performance Bond. Prior to the start of construction of any approved highway, the Developer shall deposit with the Town Clerk a Performance Bond of acceptable surery or shall deposit with the Chief Fiscal Officer of the Town acceptable negotiable Govern- ment Bonds, Cash or Certified Check drawn upon a National or State Bank payable at sight to the Town Board, guaranteeing: (a) That within two (2) years the Developer will complete the construction of all required improvements within the right-of-way in accordance with the approved plans and these specifications, and (b) That, upon certification by the Developer's Professional Engineer and by the Town Superintendent of Highways that the construction of the highway has been completed in accordance with the approved plans and specifications, the Developer will dedicate the completed highway to the Town for use as a public highway free and clear of all liens and encumbrances. This guarantee of dedication shall apply to the owner of the property as well as the Developer, where the two are not synonymous. -1- II. .. As guarantee for the performance of the abc/v,' requi r(ojj',ut~;, the Developer shall deposit as heretofore t;c'( fon h ;) ,;II"PCY bond, negotiable government bonos, cash or ('(.rtit i<,j , iivck in the amount of 100% of total construct iOil cost. '1'1; i~; amount shall be determined by applying to the l111.llltit if'S or dimensions shown on the approved plan the rat<~s pl;~r un i 1 as established by the scheoule of ratc>s atl'nelle-Ii hereto and form- ing a part hereof (Table 1), or amendawntH theretu I-.lbich lIlaY later be established to reflect changing cnstf>. 10-2.02 Ins,urance. The Developer 8h31] pn)('uu~ iir, t lf1ailltain at his own expense and without expense to L he '[\1lm, 11m: i] t i nal acceptance by the Town of the work covered by approved plan and specifications, insurance for liability for damag0s imposed by law, of the kinds and in amounts hereill<lftpl' provide'd, in insurance companies authorized to do such business in the State covering all operation under th0 approved plan and specificCitioflf; whether performed by him or subcontractors. lkd'c,re commencing the work the Developer shall furnish tll the Town a certificate or certificates of insurance in form ~;:It isLll~tory to the Town showing that he has complied with thi~; p:nagraph, which certificate of certificates shall provide that the policies shall not be changed or cancelled until thirty (30) days written notice has been given to the 1own. The kind and amount of insurance is as ,follows: Liahi1 ity & Property Damage 11ISllr,LlH:(~: iln]c:,t; otherwise specifically r2qulrcJ by spcci21 specifications, each P"ll' \;ill"I.ilil "t not less than: Bodily Inj ury Liability ,- E,H:L pv,'.';on Each :1('(' idem I: Property Damage Liahility- Encl. :lccidt'nt Aggrt":g;J_te ISO,OOO. 'wn,noo. 1 'In. non. ''l(}(), 000. " 10-3 Inspection. The Developer shall afford ('b.' T:'~.Jn ~" the opportunity to inspect the work in o1'd,'1 tli.li IIQ, assure himself that these minimum specificarion:; an, 'ini lIClciJ! I,,]) I! i ,h\Jays CLJ '7 I lie SlIlll'! inCt,nd"lit, beIng complied v.tlL. Such inspections shall occur at the following listed places in order of con- struction, and the Developer shall give the Superintendent at least two days notice of such expected completions and sha] 1 not proceed to the npxt ol-de,r of work until the Superintendent has approve.d tlk "fork inspected. 1. Upon completion of the ~:llbgnlde. 2. Upon completion of the Founrlation COl1r~;e, at vlhich time the Developer shall furnish Lhe Superintendent with men and equipment to dig, or have dug, test hol,>s to establish and confirm the depth anrl qual i l Y of t}w Foundation Course. -2- J ;-;_ . ;;~ l' f -:~ 3. Prior to beginning of paving operations. 4. The Superintendent, or his representatives, shall be given access to the work at all times in order that he may inspect the work as it progresses. 5. In the course of construction of the penetration method pavement, the Superintendent and the Developer, in agreement, may vary the specified quantities of materials as experience and field conditions may determine. 10-4 Maintenance. 1. During development construction prior to final acceptance: It is expected and it is understood that as part of the conditions of approval of the subdivision, the Developer shall agree to maintain the roads giving access to the houses in such condition that the residents shall have safe, convenient access. The minimum conditions for such access are listed below: A. . Paved Surface (1) The edges of the road (i.e., the gutter line) shall be kept free and clear of debris, stone, gravel or any material which prevents the free flow of water. Driveways shall be so constructed that the flow line remains clear. (2) The storm sewer system shall be kept clean and operational. (3) The surface pavement shall be maintained on a continuing basis. Soft spots or other structural defects shall be repaired immediately by excavation and replacement with approved material. "Immediate" shall be considered to be 24 hours from the time oral or written notification by the Superintendent to the Developer, unless arrangements are made, satisfactory to the Superintendent, to protect the traveling public by lights and barricades until such time as repairs can be made. Potholes and edge raveling shall be remedied on a continuing basis, or as ordered by the Superintendent. Repairs shall be made with asphalt concrete (hot mix when available). 10-5 Building Permits. No building permits will be issued unless the sub- division roads are complete, with the exception of the Wearing Surface (Asphalt Concrete). -3- '""""' " All lots must have preliminary plot plans furnished to the Building Inspector. indicating house location. septic system. well. and drainage flow patterns with elevations relative to road surface before a building permit can be issued. All preliminary plot plans must be prepared and stamped by a Licensed Pro- fessional Engineer or Land Surveyor. If the drainage from any lot flows across lands of other properties. permission must be obtained. in writing. from said property owner or owners. The final destination of any surface water must be indicated (i.e. natural streams. storm water system, dry wells, etc.). Dry wells will only be acceptable if percolation tests are certified by a licensed engineer and approved by the Superintendent. Before a Certificate of Occupancy is issued. a final Certified Plot Plan must be furnished to the Building Inspector for his review. The Certified Plot Plan must include the stamp and signature of a Licensed Professional Engineer or Land Surveyor. 10-6 Separability Clause. In the event that any part or parts of these Highway Specifications for Subdivisions. or any other ordinance or regulations which may govern or otherwise affect them. is for any reason modified or invalidated. the other portions of said specifications not affected' thereby shall remain in full force and effect. 10-7 Certification By Engineer. Prior to acceptance of a highway constructed under these specifications. the Developer's Professional Engineer shall certify in writing that he or his authorized representative has inspected all phases of the highway construction and that all work has been completed in accordance with the approved plans and these specifications. 10-8 Dedication. Conditions to be satisfied before the Town Board considers the acceptance of a new highway. 1. A set of "as built" plans of the highway showing right-of-way lines, drainage and utility easements and a road centerline profile must be submitted to the Town Clerk. These plans must bear the stamps of both a licensed Professional Engineer and a licensed Land Surveyor. and if they are a portion of a subdivision or site plan. must also bear the stamp of approval of the Planning Board. 2. Metes and bounds descriptions of all rights-of-way and easements prepared by a licensed Land Surveyor must be submitted to the Town Clerk. 3. The plans and descriptions must be reviewed by the Town Engineer who shall indicate his approval either by letter to the Town Board or by the stamping of said plans and descriptions. 4. The submitted deeds must be checked by the Town Attorney as to form and sufficiency. A title search must be made of the land offered to assure the validity of the title and the cost of this search shall be borne by the applicant. -4- , ~~.~ r: 5. The work completed on the highways at the date of submittal must be approved by the Town Highway Superintendent and the Town Board be notified of this approval. 6. Approved permanent concrete or granite monuments shall be set according to the Town Highway specifications or as directed by the Town Engineer, and their location shall be shown on the road plan. Iron pipes, unless embedded in concrete, shall not be considered permanent monuments for the purpose of these regulations. SECTION 20 HIGHWAY CLASSIFICATIONS 20-1 Definitions. The Town Planning Board shall determine and designate into which of the three following classifications each proposed highway falls on the basis of one or more of the criteria hereinafter set forth. A. Major or Through Highway B. Commercial or Industrial Highway C. Rural or Suburban Type Highway Final plans shall be drawn to show, and the Developer shall construct each highway in accordance with, the particular specifications for its designated classificatioQ as also hereinafter set forth as well as in accordance with the specifications common to all classifications. 20-2 Determining Criteria. 20~2.01 Major or Through Highways. (See Figure 1) 1. The proposed highway is the direct and logical continua- tion of an existing highway that carried 500 or more heavy and light vehicles during a twelve-hour period as shown on the latest traffic count. 2. The proposed highway creates a shorter and more convenient through traffic artery so that it can be reasonably expected that traffic will be diverted from other major highways to such an extent that it will reach at least 500 cars in 12 hours two years after opening. 3. The proposed highway could logically be expected to be- come a major highway because of future construction or other foreseeable circumstances. *NOTE: Heavy vehicles (trucks) described as being more than 10% of the design hour traffic and at least half of the trucks are anticipated to be at or near the legal maximum weight. -5- CHARLES J. CORBALLY (966) JOHN J. GARTLAND, JR. RICHARD V. CORBALLY ALLAN E.RAPPLEYEA DANIEL F. CURTIN'" FRED ~ SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DEBIASE PAUL O. SULLIVAN'" JOSEPH F. HAWKINS COUNSEL '"MEMBER N. Y. AND ,LORIOA BAR CORBALLY, GARTLAND AND RAPPLEYEA ~g anb' ~01UtStltttg ld law BARDAVDN BUilDING 35 MARKET STREET POUGHKEEPSIE, NEW YORK 12601 914-454-1110 December 18, 1979 FLORIDA OFFICE. 50 SOUTH BELCHER ROAD BUILDING E. SUITE 122 CLEARWATER, FLORIDA 33515 813-461-3144 BRANCH OFFICE: BANK OF MILLBROOK BUilDING FRANKLIN AVE. MILLBROOK, NEW YORK 12545 Planning Board Town of Wappinger Wappinger Falls, New York 12590 RE: Conditional Approval of Subdivision Plats Dear Members of the Planning Board: In reviewing the language of one of your past approvals of a subdivision, I find in the language that the developer shall meet those street specifications "presently in effect..." I believe such language should not be followed in the future as it has always been my position that it is the obligation of the developer to tender to the town roads meeting specifica- tions in existence at the time of the tender of the road. There are circumstances in which a substantial lapse of time takes place between the approval of the subdivision plat and the actual tender of the road, and the town should not have to accept inferior roads if there has been a subsequent change in specifications. If you have any questions relative to this, I will be happy to answer the same. JHA/lh cc: Town Board {/L~'7;0 /~i:7 Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA Jon Holden Adams