Town of Owasco, NY Article IV Required Subdivision Improvements

§ 126-17 Specific required improvements; purpose.

Before the approval by the Town Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval of a plat already filed in the office of the Cayuga County Clerk if the plat is entirely or partially undeveloped, the Town Planning Board shall require that the land shown on the plat be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, erosion, drainage or other menace to neighboring properties or the public health, safety and welfare. Accordingly, the following improvements are necessary to assure that all lots in subdivisions are adequately and properly served with utilities, sanitation facilities which provide a healthy and safe environment and other safeguards which assure property is properly identified, accessible to pedestrians and to vehicles and safeguarded. Improvements are required to preserve, to the greatest extent possible, the natural features of the land to make the subdivision an attractive and desirable place to live. All improvements shall be constructed or installed in conformance to specifications set forth in the Design and Construction Standards for Land Development in the Town of Owasco.

A. Preservation of natural features. Wherever practical, natural features of the property being subdivided shall be preserved.

(1) To the fullest extent practicable, all existing trees and shrubbery shall be preserved by the subdivider. The subdivision should be designed with consideration being given to the preservation of natural features. Precautions shall be taken during the process of grading the lots and roads. Where any land other than that included in public rights-of-way is to be dedicated to the public use, the developer shall not remove any trees from the site without written Town Planning Board approval.

(2) Where a subdivision is traversed by natural surface water, the boundaries and alignment of the body of water shall be preserved unless the Town Planning Board finds that a change would be ecologically sound and would enhance the development and beauty of the project. All proposed changes in the boundaries of bodies of water shall be designed and approved in accordance with Article 15 of the New York State Environmental Conservation Law.

(3) Every effort should be taken by the subdivider in designing a project to preserve unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookout, desirable natural contours and similar natural features.

B. Utilities. These improvements are required to assure that the property is adequately served by water, sewer and drainage systems and by electric power and other fuel-distribution systems. To assure that these systems are properly installed and easily repaired, inspection of the installation of these improvements is required.

(1) Water distribution. A system of transmitting potable water to the subdivision and appurtenances in adequate amount for the normal use of each lot in the proposed subdivision shall be required. Two systems of water distribution are possible.

(a) Public water supply systems. Public water supply from the Town of Owasco shall be provided wherever existing mains are reasonably accessible in the opinion of the Town Planning Board. The system must be approved by the New York State Department of Health and must conform to Design and Construction Standards for Land Development of the Town of Owasco.

(b) Individual water systems (wells). A well is a deep hole or shaft dug or drilled in the ground to obtain potable water and bring it to the surface for an individual lot. Only those developments which cannot be served by extension of public water systems may be designed with individual water systems.

(2) Sanitary sewer systems.

(a) Sanitary sewage is the combination of human and household waste with water. These sewer systems are used to dispose of sanitary sewage from individual lots in a subdivision. Two types of sanitary sewer systems are permitted: public sanitary sewer systems and individual sewage disposal systems. All public and selected individual sanitary sewer systems must be approved by the New York State Department of Environmental Conservation and/or the New York State Department of Health, which ever is applicable.

(b) Public sanitary sewers shall be provided whenever existing sanitary sewers are reasonably accessible in the opinion of the Town Planning Board. These systems must conform to the Design and Construction Standards of Land Development of the Town of Owasco.

(3) Drainage systems. These are a combination of natural watercourses and man-made facilities intended to convey stormwater runoff and shall conform to the Design and Construction Standards for Land Development of the Town of Owasco.

(a) Adequate and comprehensive drainage systems shall be provided in accordance with the natural direction of runoff for the total upland watershed area affecting the subdivision. Such drainage systems shall have sufficient capacity to accommodate the potential future runoff based upon the probable land use and ultimate development of the total watershed area upland of the subdivision.

(b) In general, the preservation of natural watercourses is preferable to the construction of drainage channels, and, wherever practicable, such natural watercourses should be preserved and utilized.

(4) Easements. Utility and drainage easements are required for all proposed subdivisions.

(a) Utility easements. An easement shall be provided for all utility lines wherever those utility lines do not fall within a dedicated right-of-way. All utility easements shall be plotted on both the preliminary and final subdivision plat. The developer must identify all easements in deeds for each lot affected. Utility easements shall have a minimum width of 10 feet. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services.

(b) Drainage easements. Drainage easements shall be provided for all natural and man-made drainageways which do not fall within a dedicated right-of- way. All drainage easements shall be plotted on the preliminary and final plats. The Town shall be provided with a metes and bounds description of all proposed easements prior to final plat approval. These descriptions will be used by the Engineer for the Town and the Attorney for the Town in creating or extending special districts.

(c) The Town Planning Board reserves the right to require additional easements when the purposes of the easements are found to be in the public interest.

(5) Inspection. The installation of improvements shall be subject to inspection at all stages by representatives of the Town of Owasco. For this purpose, free access shall be afforded and requested information shall be promptly submitted. The cost of such inspections shall be approved by the Engineer for the Town and included in the value of the surety for the project.

C. Site surface improvements. These improvements are required to assure the ecology of the subdivision is not disturbed adversely; that the subdivision presents an attractive appearance; that it is properly paved and monumented; and that all improvements are recorded on the final plat for approval by the Town of Owasco.

(1) Erosion control. Erosion and sedimentation control shall conform to the Design and Construction Standards for Land Development of the Town of Owasco.

(a) During the development process, the developer shall expose the smallest practical area of land at any one time. Proper erosion control measures shall be in place prior to any area being disturbed. Examples of normal erosion control are straw baling, silt dams made of synthetic materials and siltation collection depressions.

[1] Topsoil moved during the course of construction should be stored in such a manner as to allow for minimum volume to be stacked or stored at any one time. The stacking or storage period should be kept as short as possible.

[2] Removal, storage and redistribution of topsoil should be consistent with the phasing of construction for the purpose of reducing the need for the storage of large volumes of soil over a lengthy period. Soil shall be redistributed so as to cover all areas of the subdivision adequately and shall be stabilized by seeding or planting. Topsoil which is stored shall be stabilized by seeding.

[3] Removal of topsoil from the site must be approved by the Town Planning Board.

(b) Temporary vegetation and/or mulching should be provided to prevent potential erosion problems during construction.

(c) Upon completion of the project, the subdivider shall not leave any hills or mounds of dirt around the tract. All surfaces should be restored within six months of the time of the completion of the section of the subdivision.

(d) Upon completion of the project, the subdivider shall not leave any surface depressions which will collect pools of water except as may be required for retention of stormwater runoff.

(2) Landscaping. Landscaping is the improvement of land by contouring and decorative planting which includes vegetative ground cover.

(a) All lots which are disturbed during the course of construction and which are not covered by structures or paving shall be properly landscaped by the developer.

(b) Individual homeowners, by written agreement with the developer, subdivider or builder, may landscape their yards independently.

(c) Additional landscaping may be required by the Town Planning Board to screen or buffer the subdivision from a visually noncompatible use.

(3) Street signs. Permanent street signs of the same type and design in general use throughout the Town, showing the names of intersecting streets, shall be erected at each intersection. Signs at private road intersections shall contain the designation "drive."

(4) Monuments. Permanent reference monuments shall be set at critical corners and angle points of the boundaries within the subdivision. Generally, critical corners and angle points shall be deemed to mean boundary corners and angle points in the boundaries of the parcel being subdivided and in street right-of-way boundaries at all street intersections. Variations to this general rule shall be permitted with Town Planning Board approval. Requests for deviations shall be made prior to preliminary plat approval. Agreements on monumentation shall be incorporated into the subdivision plan of the final plat.

(5) Roads and streets. All dedicated streets and roads shall be constructed in conformance to specifications set forth in the Design and Construction Standards for Land Development of the Town of Owasco. Such roads and streets shall be coordinated so as to compose a convenient system conforming to the Town's Official Map and properly related to the proposals contained in the Town's Comprehensive Plan.

(6) Sidewalks. The policy of the Town of Owasco is to encourage the building of sidewalks wherever needed. The need for sidewalks in major subdivisions shall be determined by the Town Planning Board. Location of sidewalks generally shall be within the road right-of-way and any pedestrian access easements. Sidewalks shall conform to the Design and Construction Standards for Land Development of the Town of Owasco.

D. Reservation of parkland on subdivision plats containing residential units.

(1) Before the Town Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes.

(2) Land for park, playground or other recreational purposes may not be required until the Town Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute.

(3) In the event the Town Planning Board makes a finding pursuant to Subsection D(2) above that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Town Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Town Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. Recreation fees shall be expended at the discretion of the Town Board.

E. Character of the development. In making such determination regarding streets, highways, parks and required improvements, the Town Planning Board shall take into consideration the prospective character of the development, whether dense residence, open residence, business or industrial.

F. Compliance with zoning regulations; application for area variance. The lots shown on a plat shall at least comply with the requirements of the Town's zoning regulations, subject, however, to the provisions of Article V of this chapter. Notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 276-b of the New York State Town Law without the necessity of a decision or determination of the Zoning Enforcement Officer. In reviewing such application, the Zoning Board of Appeals shall request the Town Planning Board to provide a written recommendation concerning the proposed variance.

G. Completion of improvements; waiver; certificate of approval.

(1) Completion of improvements. The developer shall complete all improvements in accordance with the approved final subdivision plats. The quality of the improvements must be in accordance with final subdivision plats. Their quality also must be acceptable to the Engineer for the Town, Town Planning Board, Town Highway Department, Town Water Department, Town Building Department or any other agency having jurisdiction.

(2) Waiver of requirements. The Town Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modification or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.

H. Installation of fire alarm devices. The installation of fire alarm signal devices, including necessary connecting facilities, shall be required or waived pursuant only with the approval of:

(1) The County Legislature, if the installation is to be made in an area included in a central fire alarm system established pursuant to Paragraph (h) of Subdivision 1 of § 225 of New York State County Law, or

(2) The Town Board in any other case unless the installation is to be made in a Fire District in a Town in which no central fire alarm system has been established pursuant to Subdivision 11-c of § 64 of the New York State Town Law, in which case only the approval of the Board of Fire Commissioners of such Fire District shall be necessary. Required installations of fire alarm signal devices, including necessary connecting facilities, shall be made in accordance with standards, specifications and procedures acceptable to the appropriate board.

I. Flood hazard prevention. Flood hazard prevention shall conform to the provisions of Chapter 78 of the Code of the Town of Owasco.

J. Performance bond or other security.

(1) Purpose. The purpose shall be to assure compliance with the proper installation of facilities and utilities being offered for dedication and to protect future property owners.

(2) Administration. Provisions of this section shall be administered as provided for in § 277 of the Town Law of the New York State statutes.

(3) Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements required in this article and prior to Town Planning Board approval, a performance bond or other security sufficient to cover the full cost of the installation of such infrastructure and improvements, as estimated by the Town Planning Board or a Town department designated by the Town Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Town Planning Board, shall be furnished to the Town by the owner. Surety may be waived in instances where the subdivider installs all improvements prior to the final plat being signed by the duly authorized Town officials.

(4) Security where plat approved in phases. In the event that the owner shall be authorized to file the approved plat in phases, as provided in Subdivision 7 of § 276 of the New York State Town Law, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the Cayuga County Clerk or the furnishing of security covering the costs of the installation of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Cayuga County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.

(5) Form of security. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to:

(a) A performance bond issued by a bonding or surety company;

(b) The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in New York State;

(c) An irrevocable letter of credit from a bank located and authorized to do business in this state;

(d) Obligations of the United States of America; or

(e) Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the Town, such security shall be held in a Town account at a bank or trust company.

(6) Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Town Planning Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Town Planning Board with consent of the parties thereto. If the Town Planning Board shall decide at anytime during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security, or that the required improvements have been installed as provided in this section and by the Town Planning Board in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Town Board, the Town Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Town Planning Board.

(7) Inspections. All improvements covered under a performance surety must be inspected during construction. Cost of the required inspections may be estimated by the Town Engineer and shall be borne by the developer and will be included in the initial value of the surety.

(a) The inspection procedure is designed to determine compliance with the approved plats.

(b) For inspection purposes, the contractor will notify the Town when construction will be undertaken on proposed improvements. Reasonable notice is required. Normally, 24 hour's advance notice is considered to be reasonable.

(c) Inspections are the responsibility of the Engineer for the Town or a designee of the Town Board. Subcontracting of inspections on behalf of the Engineer for the Town may be done only with the prior approval of the Town Board. Should the inspector find improvements are not being installed in compliance with approved plats, the Town Board shall immediately be notified. The Town will take all necessary and proper steps to rectify the situation.

(8) Process for release of surety.

(a) The process for release of surety will be initiated when a request is made by the contractor for partial or total release and is submitted to the Town for approval. The request will be submitted by the Town to the Engineer for the Town who shall compare the request with the inspection record. The Engineer's determination will be forwarded to the Town Board with a recommendation for action. At that time, the Town Board will decide, by resolution, whether to honor the request and will determine the dollar value of the release. The Town Supervisor will be instructed to issue the release in the amount determined by the Town Board.

(b) Upon completion of improvements, the Town Board may honor a request for final release of funds.

[1] This process begins when the developer submits a request for release to the Town. Inspection by Town officials of the improvements is required to assure improvements have been properly accomplished. A report of this inspection is submitted to the Town Board.

[2] The Town Board will decide whether to accept dedication. If a road is offered for dedication, the Highway Superintendent will decide whether to accept dedication. Upon acceptance of dedication, the Town Board will require a retainage fee. The Town Board will then release the developer from the former surety.

[3] In cases of unusually large developments or in cases where several contractors are involved in the construction of the project or other extraordinary circumstances, phased releases may be requested by the developer. The Town Board has the right to specify the manner of issuing the releases and to whom the releases are issued.

(c) All releases under surety are subject to retainage. Each time release occurs under a surety, 10% of the amount of the release is retained in the letter of credit until the facilities are dedicated. Upon dedication, the entire amount of the letter of credit will be released upon the filing of a suitable form of performance surety in the amount of 10% of the actual construction costs incurred. The surety shall be held for a period of one year following dedication to assure correction of any work that may be found to be defective.

(9) Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.

K. Provision of improvements by Town.

(1) Adoption of resolution. Notwithstanding the foregoing provisions of this section with respect to plats approved by the Town Planning Board, the Town Board may adopt a resolution that sidewalks and/or water mains and/or sanitary sewers and/or storm drains required by the Town Planning Board pursuant to this section be constructed or installed at the expense of the Town as authorized by Articles 3-A and 12-C of the New York State Town Law or at the expense of an existing improvement district in which the plat is located. Such improvements may also be acquired without consideration by the Town Board on behalf of the Town or an improvement district as authorized by Articles 3-A, 12, 12-A or 12-C of the New York State Town Law.

(2) Establishment of improvement district. If an improvement district has not been created for the area in which the plat is located, the Town Board may establish or extend an improvement district as provided for in New York State Town Law or in any applicable special law for the purpose of constructing or installing or acquiring without consideration such improvements shown on the map of any plat as the Town Board may determine.

(a) Execution of contracts. The Town Board resolution shall require that the owner or owners of real property execute such contracts with the Town as the Town Board may deem necessary for the purpose of ensuring that the expense of such construction or installation, including the cost of issuing obligations to raise moneys to pay the expense thereof and interest on such obligations, shall not be an undue burden upon the property deemed benefited by the agreements or of such improvement district or extension thereof as the case may be and may require a security agreement, including the filing of a surety bond, letter of credit or the deposit of cash or securities reasonably acceptable to the Town Board as to assure the performance of such contracts.

(b) Any such surety agreement shall be executed in accordance with this subsection, and may contain such other provisions as the Town Board may reasonably determine to be necessary to ensure the performance of such contracts.