Chapter 125

Chapter 125

ROADS AND DRIVEWAYS

[HISTORY: Adopted by the Town Board of the Town of Troy as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Subdivision of land — See Ch. 135.

Utilities — See Ch. 149.

Vehicles and traffic — See Ch. 156.

ARTICLE I

Driveways

[Adopted 10-11-1993 by Ord. No. 93-1; amended in its entirety 8-12-2002]

§ 125-1. Title; findings.

This article is titled the “Town of Troy Driveway Ordinance.” The Town Board of Supervisors of the Town of Troy, St. Croix County, Wisconsin, does hereby find, determine and ordain that, in order to promote the safety and general welfare of all who use private or public Town roads in the Town of Troy, it is necessary to regulate the location, design and construction of all driveways and field roads that cross and/or are located in Town road rights of way or that intersect with and/or take access to a private road in the Town of Troy, St. Croix County, Wisconsin.

§ 125-2. Definitions.

As used in this article, the following terms shall have the meanings indicated:

A. Building: Single-family or other residential dwellings, public, commercial and industrial buildings. Agricultural buildings, residential garages and other accessory buildings that are not the first building built on a parcel already served by a driveway or field road are exempt from this definition for the purposes of this ordinance. Detached residential garages are only allowed to be the first building on a property with express, advance Plan Commission approval. Upon receiving such approval, detached residential garages become “buildings” under this ordinance.

B. Driveway: Any roadway providing a single, temporary or permanent point for vehicular access from a private or public Town road to a building located on public or private property. Driveways are not field roads.

C. Field Road: Any roadway providing a single, temporary or permanent point for vehicular access from a private or public road to non-residential land used solely for farm purposes, or to undeveloped, non-residential land. Field roads are not driveways.

D. New Driveways: Driveways installed after October 11, 1993, whether temporary or permanent.

E. Pre-existing Driveways: Driveways installed on and before October 11, 1993 and still serving existing building(s).

§ 125-3. Driveway access required.

All buildings built in or moved into the Town shall have driveway access to said building from a private or public Town road over a driveway that meets the specifications and requirements of this article. Field roads shall meet all specifications and requirements of this article made expressly applicable to them.

§ 125-4. Driveway permit required.

A driveway permit shall be applied for and issued by the Town before commencement of construction of any field road or driveway that crosses the right-of-way area of or intersects with any private or public Town road. No driveway permit shall be issued until a completed application that meets all requirements of this article has been submitted, reviewed and approved by the Town. Driveways that take access directly onto county or state roads need county or state access permit approval.

§ 125-5. Driveway Permit fee and Administration.

Application shall be made on forms provided by the Town. Applicants shall provide all information requested thereon. The fee for a driveway permit shall be paid at time of application, in the amount set forth in the separate Town fee resolution in effect at the time the application is received.

§ 125-6. Specifications.

A. Width: All driveways serving single-family residences and all field roads shall have a minimum side-to-side width clearance of 12 feet, a minimum road base of 12 feet, a minimum driving surface width of 11 feet and shall be built and maintained to allow for emergency vehicle access. The maximum road base width for driveways serving single-family residences is 18 feet. All other driveways have a maximum road base width of 30 feet.

B. Road Bed Materials: All driveways and field roads shall have a minimum five-inch compacted bed of crushed limestone or such other materials as approved by the Town. The subbase shall be a stable base consisting of compacted sand or other granular materials as approved by the Town, by St. Croix County and/or State of Wisconsin specifications.

C. Culverts:

(1) Culverts shall be installed in all driveways, and in field roads when deemed advisable by the Town Chair or designee to protect the right of way. Culverts shall be adequate for surface water drainage and have a minimum fifteen-inch diameter pipe. Culverts serving permanent driveways shall have end walls. Only new galvanized corrugated steel pipe or reinforced concrete pipe shall be used for culverts in permanent driveways or field roads. In all driveways and in field roads when required, culverts shall be covered with at least one foot of fill, excluding blacktop.

(2) All driveways and field roads over bridges or culverts shall be constructed and maintained to comply with engineering specifications sufficient to sustain and carry not less than 25 tons and shall have the ability to withstand water from a twenty-five-year flood. St. Croix County Highway Department and United States NIRCS standards shall govern in determining if the twenty-five-year flood requirement has been met. Bridges and culverts with a diameter greater than 30 inches shall be inspected at least every five years, beginning on a date five years from the initial permit issue date, and after any twenty-five-year or greater flood. Such inspection shall be undertaken and documented by the Town, or by an inspector retained by the Town. The cost of inspection shall be paid by the subdivision homeowner’s association when such bridge or culvert is located inside the plat of a major subdivision for which a homeowner’s association exists and, in the absence of a homeowner’s association, by the owner(s). If the cost of such inspection is not timely paid, it shall be added as a pro-rata special charge on the tax roll against the tax parcel(s) that use (or have available for use) the subject bridge or culvert being inspected.

(3) The owner(s) of every premises served by a permanent driveway or field road traversing a bridge or culvert with a diameter greater than 30 inches shall execute an agreement with the Town, suitable for recording in the office of the St. Croix County Register of Deeds, and containing all of the following terms: (a) that the owner(s) agrees for himself, his heirs and assigns, to be responsible for repairs and maintenance to the bridge and/or culvert in accordance with this article; (b) agreeing that, in the event of owner failure to properly maintain said bridge and/or culvert the Town may repair or maintain same, and include the cost thereof as a special charge on the tax roll against the property served by the said driveway or field road as authorized by Wis. Stats. § 66.0627; and (c) specifically waiving any notice, hearing or proceeding that might otherwise be required before fixing the amount of the special charge or entering it into the tax roll; (d) all on the condition that the Town shall first give the affected owner(s) thirty days notice, directing said owner(s) to repair or maintain their bridge and/or culvert before the Town performs the specified repairs. When more than one lot, parcel or property is served by a single bridge and/or culvert, the special charge shall be divided into equal shares, one for each tax parcel using or that has the subject bridge or culvert available for access to a private or public Town road. Temporary driveways are subject to the inspection, notice, repair and special charge requirements, except that a recorded agreement is not required.

D. Overhead Clearance: All driveways and field roads shall have a minimum overhead clearance of 14 feet over the entire width of the roadbed, said clearance to be maintained at all times by trimming vegetation.

E. Line of Sight: All driveways and field roads shall be located in such a manner that vehicles approaching or using them will have five-hundred-foot sight lines in both directions at the point of access to a private or public Town road.

F. Angle of Intersection: The center line of all driveways and field roads where they connect to the private road or public Town road right-of-way shall be at approximate right angles to the said right-of-way or the center line of the private road.

G. Entrance Grade. The elevation of the center line of all driveways shall be no more than one foot above or below the private or public Town road elevation at road center for the first fifty feet of driveway from the near edge of the paved or gravel driving surface of the private or public Town road with which it intersects, in order to prevent or best avoid surface water drainage from the driveway onto the road.

H. Driveways Longer Than 300 Feet: Driveways longer than 300 feet shall be designed and built to provide continuous fourteen-foot height clearance and either a turnaround with a minimum ninety-foot diameter or shall be otherwise of sufficient area and design to accommodate the turning around of a 40 foot long, tandem-axle truck. Bypasses or turnouts may be substituted for turnarounds only with the advance approval of the Plan Commission. Preexisting driveways are exempt from this requirement.

I. Number of Driveways: Subdivided residential lots shall have no more than one driveway. Commercial lots and parcels greater than 20 acres in size may receive additional driveway permit(s) upon demonstration of need and by showing that the flow of traffic and public safety on any additional roads for which permits are sought will be improved and not adversely affected thereby.

J. Field Road Location: Field roads are required to meet the requirements of this article made applicable to them only in that portion of a field road located in the defined right of way area of a public Town road or in the area 33 feet from the centerline of any private road, measured perpendicularly. The distance between field roads, and specific field road location shall be determined at an on-site conference between the permit applicant and the Town Chair or designee, and shall take into account factors such as existing, useable field access, terrain, available and practical alternative access, lines of vision/sight lines and volume of traffic on the road to which access is sought. Field roads shall not be located closer together than residential driveways.

§ 125-7. Inspection and approval.

Application, payment of the permit fee, plan and site inspection and approval of proposed driveway or field road plans and location all are prerequisites to the issuance of a driveway permit. Any driveway or field road constructed without a permit or in a manner not in compliance with the approved plans concerning it or with term of this ordinance shall be corrected or removed by the owner or by the Town at the owner’s expense. Before removing such a driveway or field road, the Town shall provide the property owner with 30 days written notice of the violation and the Town’s intention, to allow the property owner an opportunity to correct or remove the violation.

§ 125-8. Driveway permit required prior to issuance of building permit.

No building permit shall be issued for the construction of any building on any private property until a driveway permit has been issued pursuant to this article.

§ 125-9. Time for completion of driveway.

A permanent driveway for which a permit has been issued under this article shall be completely constructed, except for paving, prior to occupancy of any building on the property served by the driveway. The first 50 feet of driveway shall be completed prior to commencement of building construction, under either a temporary or a permanent driveway access permit

§ 125-10. Expiration of driveway permits.

A temporary driveway permit expires one year after issuance or, if sooner, 30 days after the determination of the Town Chair or designee, communicated to the owner verbally or in writing, that the building on site is substantially complete to the point where the temporary driveway should be removed and the permanent driveway used exclusively. All temporary driveways shall be removed and their area restored to its original condition on or before the date on which temporary driveway permit expires.

§ 125-11. Variance.

Where, because of practical necessity or impossibility, it appears that a property owner cannot build a driveway or field road in compliance with the specifications and requirements this article, the Town Board may, upon the Plan Commission recommendation and upon finding of hardship, grant a variance to allow for a driveway or field road with specific modifications, so long as nothing about the variance compromises the health, safety and welfare of the residents of the Town and traveling public using any affected private or public Town road.

§ 125-12. Violation and penalty.

No person, corporation or organization shall construct or install any driveway or field road in violation of any provision of this article. Any person, corporation or organization violating any portion of this article or knowingly aiding or abetting another in the violation thereof shall, upon conviction, pay a forfeiture in the amount set by the Town Board in its Citation Ordinance, plus the Town’s actual costs of prosecution. Each day a violation exists or continues shall constitute a separate offense. The Town may also commence proceedings to enjoin any violation of this article or to require any person, corporation or organization to comply with this article. The Town may remove any driveway or field road constructed without a permit or in a manner not in compliance with approved plans concerning it or any term of this ordinance. Before removing such a driveway or field road, the Town shall provide the property owner with 30 days written notice of the violation and the Town’s intention, to allow the property owner an opportunity to correct or remove the violation.

Revisions approved by the Troy Town Board on April 10, 2008

ARTICLE II

Road Standards

[Adopted 9-9-2002 by Ord. No. 02-01]

§ 125-13. Title; findings.

This article is titled the “Town of Troy Road Standards Ordinance.” The Town Board of the Town of Troy, St. Croix County, Wisconsin, does hereby determine and ordain that in order to promote and protect the public health, safety and welfare of residents of the Town of Troy and all who use Town roads, it is necessary to regulate the design and construction standards, naming, road inspection and acceptance procedures in place for all Town roads proposed to be constructed in or dedicated to the Town of Troy after the effective date of this article.

§ 125-14. Definitions.

As used in this article, the following terms shall have the meanings indicated:

ROAD — A public or private way for vehicular traffic.

A. Arterial roads are also referred to in the St. Croix County Zoning Ordinance as Class A or B highways and provide for rapid movement of high volumes of traffic between areas.

B. Collector roads are also referred to in the St. Croix County Zoning Ordinance as Class C highways and provide for moderate-speed movement and medium volumes of traffic and distribute traffic from arterial roads.

C. Local roads are also referred to in the St. Croix County Zoning Ordinance as Class D or E highways and provide for low volumes of traffic and distribute traffic to collector and arterial roads. This type of road is most commonly dedicated to the Town as part of the subdivision process.

D. Class D highways. Pursuant to the St. Croix County Zoning Ordinance, Town roads not designated as Class A, B or C highways by Wisconsin or St. Croix traffic authorities are designated as Class D highways if they serve a collector function.

E. Class E highways are Town roads within major or minor subdivisions, whether privately or publicly owned, that serve a totally local function, connecting individual parcels to collector roads.

F. Dead-end roads and culs-de-sac.

(1) Dead-end roads are closed at one end.

(2) Culs-de-sac are dead-end roads with a circular turnaround area as specified herein.

SHARED DRIVEWAY — The shared portion of a driveway serving two lots; also referred to as “joint driveways.” Shared driveways must be constructed to Town Class E design and construction standards but need not conform to the length, cul-de-sac or road extension to boundary requirements of this article.

§ 125-15. Road construction design and standards.

A. Town roads shall be designed by a registered professional engineer, licensed in the State of Wisconsin, to meet the following objectives: to permit the safe, efficient and orderly movement of traffic; to meet the needs of the present and future population with a simple and logical pattern; to respect natural features and topography; and to present an attractive appearance. All road plans and construction shall be submitted with the preliminary plat or certified survey map and reviewed and approved by the Town Engineer. The Town Board shall determine whether a storm sewer system and culverts shall be required and the type and size thereof.

B. The Town Board shall designate roads as arterial, collector, local (Class D or E) or private roads, prior to final subdivision approval. This decision shall be based upon Town road plans, including any approved long-range Town road plan.

C. Roads located at or near the perimeter of a subdivision shall be extended to the subdivision boundary. Narrow strips of land between the road and the subdivision boundary (spite strips) shall not be permitted unless conditions under which the adjacent parcel can be connected to the road are established.

D. The Town Board may require special setbacks, screening and other buffers as part of road design and may limit access along Town roads.

E. Town roads shall be centered in the road right of way.

F. Road jogs with center-line offsets of less than 150 feet are prohibited.

G. The number of intersections along arterial and other roads shall be held at a level that best balances use and safety. Absent undue hardship, the distance between such intersections shall not be less than 1,000 feet. Absent undue hardship, the distance between driveways on Class D Town roads shall not be less than 200 feet. The Town may require shared driveways to achieve this end.

H. For all Town roads:

(1) The intersection angle of a driveway with a road and of a road with a road shall not be less than 75°.

(2) The Town Board may require intersection vision clearances as set forth in Appendix A to this article.

(3) The elevation of the road center line shall not be more than one foot above or below the road elevation of the first 50 feet of an intersecting driveway.

(4) Not more than two roads shall intersect at one point.

I. County road design standards in the St. Croix County Subdivision Ordinance shall also apply where such standards are more restrictive than this article.

J. Roads shall be designed and constructed in accordance with § 86.26(1), Wis. Stats. Materials and construction methods used shall conform to the provisions set forth in Standard Specifications for Highway and Structure Construction, Wisconsin Department of Transportation, most current revision.

K. Class D and E highways and private roads which provide access to three or more lots shall be designed to meet the following requirements (see Appendix B for detailed drawings):

(1) Sixty-six-foot minimum right-of-way. Clearing and grubbing for construction of Town roads shall be completed over the entire width of the right-of-way.

(2) Three-foot to five-foot vertical difference from center-line pavement to ditch bottom.

(3) Forty-two-foot minimum road width before subbase (sand) course.

(4) Thirty-four-foot minimum road width after subbase course.

(5) Thirty-foot minimum road width after base (lime-rock) course.

(6) Twenty-two-foot blacktop surface, excluding shoulders. Roads with curb and gutter must have a twenty-six-foot blacktop surface.

(7) Three-foot shoulders on roads and uncurbed culs-de-sac.

(8) Culs-de-sac (see Appendix C for details):

(a) Minimum paved road width in curbed cul-de-sac is 26 feet.

(b) Minimum paved road width in shouldered cul-de-sac is 26 feet.

(d) Maximum diameter of raised (over six inches) island inside of cul-de-sac bulb is 24 feet less than the inside diameter of the paved surface.

(9) Final grade of shoulder slopes must meet 4:1 grade or 3:1 grade maximum with Town Board approval.

(10) Fill slopes must meet 4:1 grade or 3:1 grade maximum with Town Board approval.

(11) Backslopes must meet 4:1 grade or up to 3:1 with Town Board approval.

(12) Four inches of topsoil, mulch and seeding shall be required on all ditches and disturbed areas.

(13) Width, radius and grade. See table below:

Width, Radius and Grade
	Arterial and Collector Roads	Local Road, Public or Private, Serving More than 1 Lot	Driveway Serving Only 1 Lot
Minimum right-of-way width (feet)	80	66	66
Minimum radius of curvature from center line for deflections of 7° or more (feet)	300	200	100
Maximum grade	8%	10%	12%
Maximum grade within 50 feet of “T” intersections	2%	2%	2%

(14) Curb and gutter roads and any associated storm sewers shall comply with St. Croix County standards, with the stormwater detention, retention and runoff control requirements of Chapter 135, Article I, Subdivision Regulations, of this Code and with any other applicable governmental regulation.

(15) Roads shown on a subdivision plat or certified survey map shall connect to an existing public road.

(16) The vertical alignment of the center line shall be based on the minimum safe stopping sight distance in accordance with the design standards of the American Association of State Highway and Transportation Officials (AASHTO).

(17) The planning, location and designation of roads shall not allow the continuation of traffic from residential developments directly into commercial or industrial developments or vice versa.

(18) Exceptions to design standards. The Town Board may grant an exception to the design standards during the review and approval stages upon a showing that the subdivider will suffer undue hardship if strict compliance with the standards is required. The granting of an exception to design standards shall not violate the spirit or intent of this article.

L. Roads which provide access to three or more lots shall be constructed and compacted in conformity with the following requirements. Decomposable material shall not be used in any road construction in the Town of Troy. The Town reserves the right to increase quantity requirements of road construction materials called for herein when the Town Engineer concludes that soil conditions and/or traffic volume warrants an increase.

(1) Subgrade. All roadways shall be constructed with suitable subgrade material compacted and uniformly graded prior to placement of sand subbase. The Town Board may require areas to be subcut and suitable granular fill placed in areas of unsuitable soils. Subgrade shall be determined suitable by the Town's engineering firm.

(2) Subbase. Twelve inches of sand, measured after being compacted, shall be provided. Sand shall meet a minimum state specification, as determined by the Town Engineer, prior to being applied. In order to determine if sand is suitable, the developer will submit 50 pounds of product that represents the grade of material to be used and identify the location of the material source to the Town Engineer for testing purposes. No sand shall be laid and the Town Board will accept no work until such test shows that material meets acceptable state specifications. The Town Engineer will then notify the developer that work can begin. The developer shall pay for all costs associated with this testing. The Town Board shall require individual truck weight slip verification of total sand tonnage on individual roadways.

(3) Base. Six inches of crushed limestone or seven inches gradation number two base course, measured after being compacted, shall be provided. Limestone shall meet a minimum state specification to be determined by the Town Engineer prior to being applied. In order to determine if limestone is suitable, the developer will submit 50 pounds of product that represents the grade of material to be used and identify the location of the material source to the Town Engineer for testing purposes. No limestone shall be laid and the Town Board will accept no work until such test shows that material meets acceptable state specifications. The Town Engineer will then notify the developer that work can begin. The developer shall pay for all costs associated with this testing. The Town Board shall require individual truck weight slip verification of total limestone tonnage on individual roadways.

(4) Surface.

(a) Three-inch minimum thickness of hot-mix asphalt measured after being compacted per Section 401, Standard Specifications for Highway and Structure Construction, State of Wisconsin Department of Transportation, 1996 and most current revision, shall be provided. Minimum asphalt thickness is three inches on the entire road surface. Averages will not be used. The asphalt requirement does not apply to private roads serving one dwelling unit or to that portion of a private road or shared driveway serving two dwelling units after it splits. The shared portion must be paved.

(b) The asphalt mix shall consist of Wisconsin Department of Transportation state-approved Type E-1 binder and surface course, as outlined in Table 407.5.1.5 (Table of Minimum Required Density). The Town Board shall require individual truck weight slip verification of total paving tonnage on individual roadways. The three inches of asphalt shall be placed in two separate lifts of 1 1/2 inches each, with a tack coat to be spread at 0.05 gallon per square yard between lifts.

(c) The surface blacktop construction shall not occur between October 15 of the year of road construction and May 1 of the following year without the written advance approval from the Town Engineer.

(d) Sawed expansion joints in new asphalt shall be placed every 40 feet. The joints shall be constructed as provided in the schematic in Appendix D titled “Typical Joint Section.” The sealant material shall meet MNDOT Specification 3720. The saw cut must be done in a single pass. Sawing and routing will not be permitted.

(5) Shoulders.

(a) Shoulders shall be constructed using crushed limestone. Limestone shall meet a minimum state specification to be determined by the Town Engineer prior to being applied. In order to determine if limestone is suitable, the developer will submit 50 pounds of product that represents the grade of material to be used and identify the location of material source to the Town Engineer for testing purposes. No limestone shall be laid and the Town Board will accept no work until such test shows that material meets acceptable state specifications. The Town Engineer will notify the developer that work can begin. The developer shall pay for all costs associated with this testing. The Town Board shall require individual truck weight slip verification of total limestone tonnage on individual roadways.

(b) Shoulders should be constructed using additional material. The grading of the existing base course to meet the asphalt surface will not be acceptable.

(6) Compaction. Compaction of the subgrade, subbase, base and surface should be carried out following the Standard Specifications for Highway and Structure Construction, Wisconsin Department of Transportation (1996 and must meet current revisions).

(7) Where required, eighteen-inch culverts at minimum or as otherwise specified, with a minimum cover of one foot between the culvert and the bottom of the pavement, shall be provided. All culverts shall be new galvanized corrugated steel pipe, pipe arch, plate or reinforced concrete pipe in conformity with Standard Specifications for Highway and Structure Construction, Wisconsin Department of Transportation, 1996 and most current revision.

(8) Erosion control. Erosion control shall conform to St. Croix County Land and Water Conservation Department requirements and the Wisconsin Department of Natural Resources Best Management Practice Handbook.

M. Dead-end roads and culs-de-sac.

(1) A dead-end road shall not exceed 1,000 feet in length. Arterial and collector roads shall be built to the boundary of the subdivision.

(2) A dead-end road serving three or more lots shall have a cul-de-sac turnaround with a minimum right-of-way radius of 80 feet. The paved portion of the cul-de-sac shall provide a minimum outside radius of 60 feet. Appropriate arrangements shall be made by the entity originally responsible for creating the temporary cul-de-sac for those areas of the cul-de-sac outside of the future straightened road right-of-way to revert to the abutting lot owners at such time as the road shall be extended and for abutting lot owners to be notified on the plat or certified survey map of all such planned future road extensions. Where a cul-de-sac is provided, the right-of-way line connecting the road right-of-way with the eighty-foot cul-de-sac bulb shall provide a return radius of 80 feet. Exceptions shall be allowed with Town Board approval. Refer to the Class D and E road specifications diagrams attached to this article as Appendix B.

(3) Roads that will connect to adjacent property must extend to the boundary of that property and terminate in a temporary cul-de-sac.

N. Roads that are paved after initial construction.

(1) When lots being created will abut a preexisting private road and the creation of those lots will make it necessary for that road to become a public road under this article, said road shall be brought into compliance with all provisions of this article, including blacktopping, at the expense of the subdivider of the lots being newly created. The subdivider shall furnish the Town with the legal descriptions of all lots and/or property abutting the private road that is to become public and the names of fee owners thereof, together with their addresses, at the time of application for Town approval of the proposed subdivision of land. The Town may also initiate action to have a private road become public where necessary to bring it into compliance with this article.

(2) All portions of the private road on which said newly created lots abut shall also be brought into compliance with all provisions of this article, including blacktopping, but the Town Board shall determine the method and time frame to bring the road into compliance. Special assessments may be utilized by the Town against the properties abutting the remaining private road. The developer may be required to fund the road improvements or they may become the expense of the Town; provided, however, that the developer and other abutting property owners shall pay their fair and equitable share of the road upgrade.

(3) The plat or certified survey map, showing roads or portions of roads that can remain unpaved in compliance with this article, shall contain language of notification that at such time as future development occurs that will cause the private road to become public under this article, the road shall be dedicated to the Town and that upgrades of the road, including blacktopping, to meet Town standards may be specially assessed against abutting properties.

§ 125-16. Road inspection and acceptance.

A. Roads shown as public on a subdivision plat or certified survey map shall be offered to the Town for dedication to public use at the time of final Town plat or certified survey map approval. Notwithstanding any such dedication, the Town Board shall assume responsibility only for those roads being dedicated to the public that have also met all requirements of this article and been accepted by action of the Town Board. Acceptance of town roads shall be accomplished pursuant to the provisions of §§ 236.10 and 236.29, Wis. Stats., this article and any applicable developer's agreement. Notwithstanding dedication to the public of the roads shown on certified survey maps or on final plats, the Town shall have no responsibility for repair, maintenance, grading, snow removal or any other duty with respect to said roads until they have been built, blacktopped when and as required herein, inspected, found to be in conformity with all Town requirements and formally accepted by the Town in a written document, signed by the Town Chairperson and ratified by the Town Board at a regular meeting. Until that time, said roads shall be repaired, maintained, and plowed by the developers. See Appendix E.

B. Before application to the Town Board for final approval of a certified survey map or a subdivision plat containing a public road, the applicant shall submit a schedule for the required road construction and surfacing, identifying for each road when the required construction will occur. The developer's proposed schedule of road construction shall be reviewed by the Town Board and approved as submitted, approved with modifications or rejected. The schedule of construction, once approved, is a binding and enforceable condition of the Town's approval of the subdivision of the land.

C. An irrevocable letter of credit shall be posted for 120% of the total construction cost of the proposed public improvements as and when required under the Town's ordinance. Fifty percent of said letter of credit will be released following the Town Engineer's inspection and approval of all completed road construction in a subdivision, except for blacktopping of said roads. The letter of credit will be reduced when the Town Board acts to accept all such subdivision roads to 25% of the original amount of the letter of credit or $30,000, whichever is greater. The subdivider shall remain financially responsible for all repairs to such roads for one year following acceptance by the Town. Funds held from the letter of credit shall be held and available for use by the Town during that time for repairs to the accepted roads and such other purposes as may be set forth in the developer's agreement.

D. Roads may be only accepted by action of the Town Board after the Town Engineer has done a full inspection of the road, certified it to have been built in substantial compliance with approved plans and ordinances, and recommended said road for acceptance by the Town. See Appendices E and F.

E. Road inspections.

(1) Town inspection of proposed Town roads shall be performed during the following designated phases of construction:

(a) At start;

(b) During subgrade construction and installation of storm sewer pipe and culverts;

(d) During base construction and after final base phase;

(e) During blacktop and after shouldering;

(f) During soil restoration; and

(g) At a final walk-through when the developer requests acceptance.

(2) Inspections are required for each of the above phases and shall be done by or under the direction of the Town Engineer. Town engineering and inspection costs related to a particular road shall be paid by the developer. The Town Board shall not accept any completed road or other proposed public improvement without first having received written approval from its Engineer, following the inspections as called for herein.

(3) Certification by Engineer; deviation from approved plans.

(a) Prior to the Town accepting a constructed road as a public road, the Town Engineer shall supply the Town with a stamped and signed certification that the road has been fully inspected by the Town Engineer as called for herein and that it has been constructed in substantial compliance with the approved plans and Town ordinances.

(b) Any substantial deviations from the approved plans shall be cause for the Town not to accept the roadway or to require reconstruction to achieve substantial compliance at the whole cost of the developer.

F. Private roads. Roads not required to be offered or refused for dedication to the Town shall be identified on the face of the subdivision document or certified survey map as private roads. Such a plat or certified survey map shall contain a statement notifying lot purchasers that Town obligations as to road maintenance do not extend to such nondedicated, private roads. All such maintenance costs shall be borne by a road association created by restrictive covenants encumbering the individual affected lots. The developer shall create said covenants, which shall be subject to Town Board review and approval.

§ 125-17. Road names.

A. The Town Board must approve the naming and/or numbering of roads. Existing county or Town programs for naming and/or numbering shall be used.

B. Where a road maintains the same general direction (except for curvilinear changes for short distances), the same name shall be used for the entire length of the road.

C. A road which is not presently a through road due to intervening land over which a road extension is planned shall use the same name for existing and planned sections.

D. The name of the projection of a road shall use the same prefix as the road even if the projection terminates in a cul-de-sac.

E. Approval of road names on a preliminary plat or certified survey map will not reserve the road name, nor shall it be mandatory for the Town Board to accept it at the time of final subdivision approval.

F. All roads names shall be consistent with county land use regulations.

§ 125-18. Remedies.

A. No building permits for a major or minor subdivision shall be issued by the Town of Troy until the construction of the road base phase has been completed in compliance with the standards set forth herein, the developer has entered into a developer's agreement concerning the completion schedule of the surface and shoulders and the developer has posted all required financial guaranties.

B. The Town Board maintains the right to have the developer redo any work that does not meet the specifications in this article.

C. The Town Board will not accept any roads or work that has not complied with the inspection schedule in this article.

D. Any activity that fails to meet all requirements of this article shall be a violation of this article regardless of knowledge or intent to violate and shall subject the party or parties responsible to an action for or injunction requiring that the condition constituting the violation be ceased or cured and that remedial actions to achieve compliance be undertaken and/or a forfeiture in an amount set by the Town Board, plus actual costs of prosecution. The amount of the forfeiture shall be as set forth in Chapter 39, Citations, of this Code. Each day during which a violation exists is a separate offense.

E. The remedies set forth herein are cumulative.