TOWN OF GRAND ISLE

PRIVATE ROAD ORDINANCE

An Ordinance Regulating Private Road Construction Standards

 

ARTICLE 1.  AUTHORITY.  This ordinance is adopted under the authority granted in 24 V.S.A. § 2291 (14), 24 V.S.A. Chapter 59, and under the provisions of 19 V.S.A. Chapters 3 and 7.

 

ARTICLE 2.  PURPOSE.  The purpose of this ordinance is to regulate the construction of new private roads and to evaluate pre-existing private roads and to enact standards in order to protect the public safety and welfare.  Poorly constructed private roads are hereby declared a public nuisance.  This ordinance creates guidelines for the construction of new private roads and the evaluation of pre-existing private roads to facilitate orderly development, as well as to provide for the safety and welfare of the inhabitants of the Town of Grand Isle by promoting effective access by police, fire, and rescue responders.

 

ARTICLE 3.  DEFINITIONS. 

 

  1. Private Road.  A private road that serves three or more residences.  The Town does not maintain private roads.

 

  1. Public Highway.  A right of way, which has been formally accepted by the Selectboard as a public highway pursuant to 19 V.S.A. Ch. 7.  Public highways are maintained to the extent required by 19 V.S.A. Ch. 3.

 

ARTICLE 4.  REQUIREMENTS.   As a minimum all private roads shall be constructed to standards that comply with this Ordinance.  Nothing in this Ordinance shall require acceptance of a private road by the Selectboard.  No zoning or subdivision permit shall be granted unless private roads within the application conform to the requirements of this Ordinance.  All private roads shall be deemed private until formally accepted by the Selectboard.

 

ARTICLE 5.  PRIVATE ROADS.  .   As a minimum all private roads shall conform to the requirements of this Ordinance.

 

A.     Minor Subdivisions.  The Development Review Board shall determine that all private roads within a development conform to the requirements of this Ordinance prior to the approval of a final subdivision plat. 

 

  1. Major Subdivisions.  The Development Review Board shall determine that all private roads within a development conform to the requirements of this Ordinance prior to the approval of a preliminary subdivision plat.

 

  1. Roads Presumed Private.  Every road shown on a plat filed or recorded as provided in this Ordinance shall be deemed to be a private road, unless previously declared a public road, until such time as the Selectboard pursuant to 19 V.S.A. Ch. 7 has formally accepted it.

 

ARTICLE 6.  PRIVATE ROAD STANDARDS.  Private roads constructed after the effective date of this ordinance shall conform to the following standards:

 

  1. Development Road.  All roads serving three (3) or more residences shall be named, with appropriate signage.  The standards of this section apply to all proposed public roads and to private roads serving three (3) or more lots.

 

  1. Width of Right-of-Way.  All rights of way shall be 60 feet in width and shall be surveyed by a licensed surveyor and recorded as part of the approval process.

 

  1. Width of Traveled Private Roadway.  The width of the traveled private roadway to be 20 feet with two-foot shoulders on either side, centered in right of way.

 

  1. Grade of Traveled Way.  The grade of the traveled way shall be less than 9%.

 

  1. Arrangement.  The arrangement of private roads in all subdivisions shall provide for the continuation of private roads of adjoining subdivisions and for proper projection of private roads through adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic, and construction or extension, presently or when later required for needed utilities and public services.  Where topographic or other conditions make such continuance undesirable or impractical, the Development Review Board may waive or modify such conditions.

 

  1. Topography.  Private roads shall be logically related to the topography so as to produce useable lots, reasonable grades, and safe intersections in appropriate relation to the proposed use of the land to be served by such private roads.

 

  1. Preparation of Subgrade and Sub-base.  Private roadway sub-base shall be excavated to the extent required by the fabric and stone system.

 

  1. Exposed Areas.  All areas exposed during construction shall be protected in accordance with standards of the Soil Conservation Service and the Vermont Department of Environmental Conservation.

 

  1. Base Conditions.  At least 8” of accepted and approved fabric and stone base will be placed the entire width of the private roadway and shoulders (24’).  The stone shall be 3” minus in size compacted at optimum water content.  Four inches of sand shall be placed between the base and finish.  A private road built over ledge shall be constructed to the same specifications.

 

  1. Finish Course.  The finished course shall be covered with 4” of surface material.  The upper course shall consist of crushed quarry material to be placed over the bottom course of fabric and stone.  This material shall be deposited and spread in a uniform layer and compacted.

 

  1. Drainage.  Drainage must be placed so there will be no ponding of water.  Within the Town right of way the minimum culvert size will be 15” in diameter, unless otherwise specified by the Road Commissioner.

 

  1. Storm water System.    A storm water system shall be provided which is designed to control and accommodate 50-year storm water collected on proposed private roads and/or parking areas.

 

  1. Removal of Spring and Surface Water.  The applicant shall provide for removal, by pipe or by open ditch, spring or surface water that may exist, either previous to, or as a result of, subdivision.  Such drainage facilities must be in the private road right of the way where feasible, or in unobstructed easements not less than 20 - feet in width.  In the design of the drainage system, natural waterways shall be utilized to the fullest extent possible.

 

N.    Accommodation of Potential Development Upstream.  Drainage facilities must be designed to accommodate potential run-off from the entire upstream drainage area, based on conditions of total potential development, also as in L. above.

 

O.    Responsibility for Drainage Downstream.  Where it is anticipated that additional run-off from the project will overload an existing downstream drainage facility so that there will be drainage onto a public or private road, or onto private property, the Development Review Board, with the advice of the Road Commissioner, may require applicant to design and implement facilities to correct such downstream overloads.

 

P.     Dead Ends.  No dead end private road shall be constructed without a suitable termination feature such as a cul-de-sac with a radius of not less than thirty-five feet, a hammerhead, a Y of a size adequate for the type used, or equivalent.

 

Q.    Access to Major Private Roads.  Where a subdivision adjoins Route 2 or Route 314, the Agency of Transportation may, in its discretion, require common access points serving multiple properties.  Common access points shall be encouraged.

 

R.    Through Traffic.  Private roads shall be laid out so that their use by through traffic between external points will be discouraged.

 

S.     Reserved Strips.  The creation of reserved strips shall not be permitted adjacent to a proposed private road in such a manner as to deny access from adjacent property to such public road.

 

T.     Existing Access.  Where any existing private access road is inadequate or unsafe, the Development Review Board may require the applicant to improve the private access road to the extent necessary to serve additional traffic from the subdivision.

 

U.    Sight Distances.  Lines of sight shall be consistent with traffic speed, terrain, alignments, and climatic extremes.  See Sketch in Appendix I.
 

ARTICLE 7.  DEVELOPER REQUIREMENT.  The developer shall be required to contract an engineer to certify that all private roads within the development meet these standards.

 

 

ARTICLE 8.  SUBSTANDARD PRIVATE ROADS.

 

A.  Except as provided in ARTICLE 8 B, no subdivision permit shall be granted for the   construction of new private roads, which do not meet the standards of this Ordinance.      Any private road, which is proposed for dedication to the Town, cannot use this            substandard policy, but must be constructed in accordance with the standards set forth in   the Town Public Highway Ordinance.

 

B.    Pre-existing private roads shall be reviewed to determine if they meet the intent of ARTICLE 2, PURPOSE, of this ordinance.  If the subdivision requires new construction on a pre-existing private road, or requires the extension of a pre-existing private road, the DRB may grant waivers for parts of this ordinance provided that the intent of ARTICLE 2 is met.  The granting of such waivers shall in no way reduce the applicability of this ordinance to further development using this pre-existing private road. 

 

ARTICLE 9.  RESPONSIBILITY.  The Town accepts no responsibility for a private road built to these construction standards.  Failure of a private road is the sole responsibility of the Developer or Road Association. 

 

It is not permissible for the Town to agree to plow private driveways/roads, since the rule in Vermont is that public funds are not to be expended to confer a private benefit on an individual (See 17 V.S.A. 2664).

 

 

ATTACHMENTS:

 

APPENDIX I – Diagram for Sight Distances at Intersections

 

APPENDIX II – Blueprint for Private Road Construction

 

APPENDIX III – Specifications for Hammerheads for Dead End Roads, Cul-de-Sacs for Dead End Roads and Intersection of Through Private Road and Side Road

 

 

 

As adopted by the Selectboard of the Town of Grand Isle, Vermont, at its July 18, 2005 meeting.

 

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