Town of Batavia, NY Improvements Within Major Subdivisions

The developer, before the approval of the subdivision plat, shall complete all improvements to the satisfaction of the Town Engineer or post a performance bond sufficient to insure the satisfactory completion of the following required improvements, except where waivers may be requested, and the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety, and general welfare. Whenever this chapter references that improvements be made in accordance with standards and/or specifications on file in the Town Clerk's office, said standards and/or specifications shall include, but not be limited to, Chapter 183, Road Specifications, of this Code, which chapter details general design standards for Town roads, streets and related construction matters, as well as material and construction specification details for roadway construction, concrete gutters and curbs, concrete sidewalks, drainage structures and general grading, trimming and related work.

Streets. All streets shall be constructed, graded, and paved in accordance with the standards and specifications on file in the Town Clerk's office.

Storm drains, culverts, catch basins and other drainage structures shall be installed in accordance with the standards and specifications on file in the Town Clerk's office and in accord with the final map approved by the Planning Board. All pipe shall comply with the requirements of the current New York State Highway Department specifications governing construction of these facilities. The location, length, depth, size, grade, and type of pipe shall be designated in the plans. If unusual conditions are discovered at the time of construction which are not provided for on the plans, the Town Engineer shall determine the type and extent of construction required to overcome such conditions.

Curbing or gutters shall be constructed on both sides of all streets shown on all proposed subdivision plats and in accord with the construction standards on file in the Town Clerk's office.

Sidewalks shall be required on both sides of the street and constructed in accord with the standards on file in the Town Clerk's office.

Driveway aprons shall be required between the curbing and the sidewalk and shall be of six-inch concrete meeting the same specifications established for curbing.

Street signs shall be of metal and shall be installed at the intersection of all streets in conformity with Town specifications at the locations approved by the Planning Board.

Grass strips shall be provided within the portion of the street right-of-way beyond the curb or gutter line and shall be properly graded and seeded.

Street trees shall be planted in every subdivision at intervals from 40 feet to 60 feet along both sides of the street. Existing trees may be taken into consideration when determining the above. Trees shall be at least three feet from any sidewalk and located on the building side of the walk rather than the street side. Where dwelling structures are oriented with their rear on the street, street trees shall be at least six feet from the curbline. Trees should also be at least 10 feet from any line which is directly under utility wires. The average trunk diameter shall be at least two inches, and an average height of six feet above finished grade level is required. Such trees shall be of a species and at locations approved by the Planning Board. No tree shall be planted within 25 feet from an existing or proposed streetlight or street intersection.

Shade trees, other than within the right-of-way, may be required when, taking into consideration the existing trees on the lots, the Planning Board shall deem it necessary. Such trees shall be in conformance with the standards of size, kind, and locational limitations prescribed for trees along the street line.

Streetlighting facilities shall be provided along all streets in the subdivision and along all streets upon which the subdivision abuts. Such lighting facilities shall be in accordance with the Town standards and shall be installed as approved and directed by the Town Engineer.

Sanitary sewers and treatment disposal facilities shall be required. Where a public sanitary sewer is reasonably accessible, the subdivider shall connect or provide for connection with such sanitary sewer and shall provide within the subdivision the sanitary sewer system required to make the sewer accessible to each lot in the subdivision. Sewer systems shall be approved by the Town and health official(s) and be in accordance with other requirements of law. The construction is subject to the supervision of the Town Engineer.

Where a public water main is reasonably accessible, the subdivider shall connect with such water main and provide a water connection for each lot in accordance with Town standards, procedures, and supervision. Fire hydrants shall be required and shall be installed in the locations approved by the Town Engineer and in accord with the New York State Board of Fire Underwriters.

Permanent monuments shall be set at block corners and at intervals of approximately 500 feet, or such other distance as the Planning Board may determine appropriate, and their location shall be shown on the subdivision plat. Iron pipes shall not be considered permanent monuments for the purpose of these regulations. Standards for monuments are on file in the Town Clerk's office.

Concrete curbing may be omitted and, in lieu thereof, concrete gutters, rolled gutters or other means for controlling stormwater may be constructed as may be approved by the Town Engineer and Planning Board.

Sidewalks may be omitted on one or both sides of the street to the extent deemed appropriate by the Planning Board.

Where curbing and/or sidewalks are not provided, adequate provision for the protection of the edge of the road pavement, and graded shoulders, at all driveway openings and other accessways shall be provided in a manner approved by the Town Engineer.

Where sidewalks and curbing are not provided, grass curb strips shall not be required. However, grading and seeding of the area between the pavement edge, shoulder, or approved drainage structure and the front property line of the lot shall be provided.

Individual sewage disposal systems (septic tanks) may be provided in lieu of facilities connected to a public sanitary sewage disposal system. Where such system is not reasonably available, such on-site disposal systems shall not be subject to the provisions of these regulations regarding subdivision control but shall be subject to all other applicable laws and regulations of the Town, county, and state. Sewage lagoons shall be prohibited.

Individual on-site water supply systems may be provided in lieu of providing a water supply connected to a public utility system. Where such a system is not reasonably available, such on-site water supply systems shall not be subject to the provisions of these regulations regarding subdivision approval but shall be subject to all other applicable laws and regulations of the Town, county and state.

Fire hydrants may be omitted where adequate water mains which are a part of a public utility water system are not either existing or proposed to be available to the subdivision.