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The Design Standards, adopted herein by reference as described and adopted in Section 18-91 above, are hereby amended as follows:

(1) Section 102.3 of the Design Standards is hereby amended to read as follows:

"SECTION 102.3 Enforcement

"The Town is authorized to enforce all provisions of these Standards and Specifications and may appoint an inspector or other authorized representative to act on the Town’s behalf.

"1. Nonconformance Reports:

"a. A Nonconformance Report (NCR) will be issued to the Contractor for any defective materials, poor workmanship, or work not in conformance with the approved plans and other applicable criteria that is not immediately remedied by the Contractor.

"b. NCRs require a written response from the Contractor outlining the proposed corrective action(s) for the nonconforming item(s). Where rework or repair is necessary to bring the nonconforming item(s) into compliance, such rework or repair shall not commence until the NCR is approved by the Town Engineer.

"c. Repeated or unresolved NCRs shall be grounds for the Town to serve a stop work notice on the project. Construction acceptance on a project shall not be issued until all NCRs are resolved to the satisfaction of the Town Engineer.

"2. Stop Work:

"a. In the event that any of the provisions of the accepted plans or other applicable criteria of the Town are violated by the Developer or any of the Developer’s Contractors or subcontractors, or significant changes to the accepted plans are made without the review and acceptance by the Town, or improvements are not constructed in accordance with the reviewed and accepted plans, the Town may serve written notice of the Town’s intention to stop work on the project. Unless the violations cease and satisfactory arrangements for correction(s) are made, the work shall be stopped immediately after serving written notice. In the event of any such termination, the Town shall immediately serve notice to the Developer and the Contractor. If not resolved within 30 days of the written notice, the Town may, at its sole discretion, take over the work and finish it at the expense of the Developer and/or Contractor.

"b. In addition, it may become necessary for the Town to immediately stop work on a project to protect the health, safety, and welfare of the citizens of the Town. Such instances may include, but are not limited to, the creation of a public safety hazard, lack of required permits, inadequate traffic control, or obstruction of an emergency access. The Town, or the Town’s authorized representative, has the authority to stop work immediately after the Contractor has been served with written notice as provided in this Section 102.3. The Contractor shall not resume work without written approval from the Town.

"3. Liability: The Town, or the Town’s authorized representatives charged with the enforcement of these Standards and Specifications, acting in good faith, will not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by any reason of any act or omission in the discharge of their duties.

"4. Noncriminal Violation: It shall be a noncriminal violation of these Design Standards for any person to do any act which is forbidden or declared to be unlawful, or to fail to do or perform any act required in these Design Standards.

"5. Penalty: Any person, firm or corporation convicted of violating the terms or conditions of the Design Standards adopted hereby may be fined by an amount not to exceed five hundred dollars ($500.00). Each day during which such violation continues shall be deemed a separate charge.

"6. Additional Remedies: In addition to any of the foregoing remedies, the Town Attorney, acting in behalf of the Town Board, may institute injunction, abatement, or any other appropriate action to prevent, enjoin, abate or remove such violations. The Remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies."

(2) Section 104.4 of the Design Standards is amended by the addition of the following:

"j. All drawings shall include the following signature block for the signature of the Town Engineer. No construction shall be commenced until and unless all drawings have been signed by the Town Engineer.

'APPROVAL

'ALL WORK SHALL BE CONSTRUCTED TO THE TOWN OF FREDERICK STANDARDS AND SPECIFICATIONS. THIS DRAWING HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL COMPLIANCE WITH THE STANDARDS AND SPECIFICATIONS AND OTHER TOWN REQUIREMENTS. THE ENGINEERING DESIGN AND CONCEPT REMAINS THE RESPONSIBILITY OF THE PROFESSIONAL ENGINEER WHOSE STAMP AND SIGNATURE APPEAR HEREON.

Accepted by

_____________________

__________

Town Engineer

Date' "

(3) Section 102.1 of the Design Standards is hereby amended by the addition of the subsection (5) to read as follows:

"5. As the approved materials list and the construction notes contained in the appendices of the Design Standards and Construction Specifications are subject to frequent updates, the Town Engineer has been authorized by the Board of Trustees to update, change, modify and revise these appendices as may be required from time to time. The Town Engineer shall use current engineering principles and current industry practices in determining what materials are approved and included in these appendices and what general notes are required on construction plans. Changes shall be posted on the Town’s website and an official copy of the Design Standards and Construction Specifications shall be maintained in the Town Clerk’s office."

(4) Section 403.03 of the Design Standards is hereby amended by the addition of subsection (2) to read as follows:

"2. The following table shows minimum allowable subgrade R values based on the minimum ESAL amounts shown in Section 509.01. All subgrade upon which street or other paving will be placed shall be shown by a geotechnical engineer to have at least the minimum R values shown below. If the subgrade does not meet the minimum R values shown below, then subgrade stabilization, as directed by the geotechnical engineer and approved by the Town Engineer, shall be required.

"Classification

Industrial

Commercial

Multi-Family

Single-Family

Arterial

23

21

18

18

4-Lane Collector

18

18

18

18

2-Lane Collector

15

15

10

10

Low Density Rural

8

-

-

-

Local Street

12

10

8

7

Fire Lane

10

10

8

-

Parking, Cars Only

6

6

6

6

Parking, All Others

12

12

6

6"

(5) Section 500, Street improvements, is hereby amended by the addition of subsection 522, Street lighting, to read as follows:

"522. Street lighting standards.

"1. Street lighting and associated underground street lighting supply circuits shall be installed. Roadway lighting shall conform to the illuminance or luminance design values shown in Table 3-5a of the AASHTO Roadway Lighting Design Guide, 2005, which has been reproduced in part below. These values are for continuous lighting. Conflict lighting at intersections shall be twice these values. A photometric study drawing is required to be included with the construction plans for all subdivisions.

"Illuminance Method

Average Maintained Illuminance

Minimum Illuminance

Illuminance Uniformity Ratio

Asphalt Road Surface (typical) foot-candles (min)

foot-candles

avg/min (max)

Arterials

Commercial

1.4

As uniformity ratio allows

4:1

Intermediate

1.0

4:1

Residential

0.7

4:1

Collectors

Commercial

1.1

4:1

Intermediate

0.8

4:1

Residential

0.6

4:1

Local

Commercial

0.8

6:1

Intermediate

0.7

6:1

Residential

0.4

6:1

"2. Types of allowed light poles and fixtures. Unless otherwise approved by the Town Engineer, all light poles shall be of types indicated in the approved materials list in Appendix 1. Roadway lighting shall be mounted with poles of either 15 or 30 feet, as approved by the Town Engineer, corresponding to a luminaire height of either 15 or 30 feet. The height of the roadway lighting shall conform to the general character of the development. The height of the roadway lighting shall be chosen while considering possible luminaire wattages from 70 to 250 watts, such that the illuminance levels (shown in the above table) or luminance levels (shown in Table 3-5a of the AASHTO Roadway Lighting Design Guide, 2005) are provided.

"3. Pedestrian lighting. Pedestrian lighting is required for all trails and trail connections that are not adjacent to and illuminated by roadway lighting. Such lighting shall be of a type and character that provides for both pedestrian safety and aesthetic conformance to the adjacent development. At a minimum, pedestrian lighting shall be provided at intersections of pedestrian trails and at intersections of trails with roadways.

"4. Height standards for lighting. Light fixtures shall be mounted on poles no higher than the maximum height for structures allowed in that zone district, unless a different height is approved by the Town Engineer. Lighting mounted on a building or structure shall not exceed the height of the building or structure. Bollard-type lighting fixtures shall be between three (3) and four (4) feet high, unless otherwise approved by the Town Engineer."

(6) Section 1103.01 is hereby amended to read as follows:

"1103.01. Fence.

"1. Fence materials shall conform to the Town of Frederick Zoning Codes and Subdivision Regulations, Section 16-16-10, Fences and walls.

"a. Steel components: All steel components including fabric, pipe and fittings shall be first quality, full weight, hot-dipped galvanized materials. Zinc coating shall be applied to the interior and exterior of materials and shall conform to ASTM B6, Specification for Zinc-Prime Western Grade. Materials for fence posts and rails shall meet the strength testing requirements for Group 1A or Group 1C piping in accordance with ASTM F669, Strength Requirements of Metal Posts and Rails for Industrial Chain Link Fence. Gates shall be constructed in accordance with ASTM F900.

"b. Wood components. Unless otherwise specified, wood fences shall be composed of the following:

"1. Posts: 4 inches by 6 inches rough sawn, No. 2 Grade, Red Cedar with chamfered tops, no knot holes.

"2. Boards: 2 inches by 8 inches rough sawn, No. 2 Grade, Red Cedar, no knot holes.

"3. Stain: Olympic No. 721 Semi-Transparent stain, color as selected by the Town Engineer."

(7) Section 500.01 is hereby amended by the addition of subsection 10 to read as follows:

"10. All roundabouts shall adhere to the standards and recommendations contained in the FHWA publication Roundabouts: An Informational Guide, FHWA-RD-00-067."

(8) Section 521 is hereby amended to read as follows:

"Standards Referenced in Section 500:

Standard

Title

AASHTO M145

Classification of Soils and Soil-Aggregate Mixtures for Highway Construction Purposes, Single-User Digital Publication

AASHTO T27

Sieve Analysis of Fine and Coarse Aggregates

AASHTO T89

Standard Method of Test for Determining the Liquid Limit of Soils

AASHTO T90

Determining the Plastic Limit and Plasticity Index of Soils, Single-User Digital Publication

AASHTO T164

Standard Method of Test for Quantitative Extraction of Asphalt Binder from Hot-Mix Asphalt (HMA)

AASHTO T180

Standard Method of Test for Moisture-Density Relations of Soils Using a 4.54-kg (10-lb) Rammer and a 457-mm (18-in.) Drop

AASHTO T190

Standard Method of Test for Resistance R-Value and Expansion Pressure of Compacted Soils

AASHTO T-206

Standard Method of Test for Penetration Test and Split-Barrel Sampling of Soils

AASHTO T230

Standard Method of Test for Laboratory Determination of Moisture Content of Soils

AASHTO T265

Standard Method of Test for Laboratory Determination of Moisture Content of Soils

AASHTO T290

Standard Method of Test for Determining Water-Soluble Sulfate Ion Content in Soil

ASTM D698

Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort

ASTM D1557

Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort

ASTM D2950

Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods

ASTM D2487

Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System)

ASTM D4546

Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods

CP 44

Bulk Specific Gravity and Percent Relative Compaction of Compacted Bituminous Mixtures Using Saturated Surface-Dry

CP 48

Determination of the Voids in the Mineral Aggregate (VMA)

CP 51

Determining the Maximum Specific Gravity of HMA

CP 81

Density and Percent Relative Compaction of In-Place Bituminous Pavement by the Nuclear Method

CP 82

Field Correction of the In-Place Measurement of Density of Bituminous Pavement by the Nuclear Method

FHWA-RD-00-067

Roundabouts: An Informational Guide"

(Ord. 939 § 1, 2007; Ord. 980 § 1, 2008; Ord. 1361 §3, 2021; Ord. 1390 §3, 2023)