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.