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. The Planning Board may waive the provision of any
or all such improvements and requirements which are not, in its judgment,
requisite in the interest of the public health, safety, and general
welfare. Waivers will also be granted in circumstances where such
improvements and requirements are inappropriate because of the inadequacy
or lack of connecting facilities adjacent to or in proximity to the
subdivisions. In order that a waiver be granted by the Planning Board,
appropriate conditions must be met and due cause shown.
A.
Streets. All streets shall be constructed, graded,
and paved in accordance with the standards and specifications for
same on file in the Town Clerk's office.
B.
Storm drains, culverts, catch basins, and other drainage
structures shall be installed in accordance with the standards on
file in the Town Clerk's office and 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 on 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.
C.
Curbing shall be constructed on both sides of all
streets shown on all proposed subdivision plats in accord with the
standards on file in the Town Clerk's office.
D.
Sidewalks, shall be required on both sides of the
street. Construction standards are on file in the Town Clerk's office.
E.
Driveway aprons should be required between the curbing
and the sidewalk and shall be six-inch concrete meeting the same specifications
established for curbing.
F.
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.
G.
Grass strips shall be provided within the portion
of the street right-of-way beyond the curb line and shall be properly
graded and seeded.
H.
Street tree shall be planted in every subdivision
at intervals from 40 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 curb line. Trees should also be
at least 10 feet from any line which is directly under utility wires.
The minimum trunk diameter shall be least 2 1/2 inches at the
butt and the minimum height of 10 feet above finished grade level
is required. Such trees shall be nursery grown, balled, and burlapped
as well as of a species and at locations approved by the Planning
Board. Furthermore, said trees shall meet and be installed and staked
in accordance with the standards of the American Association of Nurserymen.
No tree shall be planted within 25 feet from an existing or proposed
street light or street intersection.
I.
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. The minimum
number of shade trees which may be required shall be equal to at lest
twice the number of total lots in the subdivision. Such trees shall
be in conformance with the standards for size, species, and locational
limitations described for street trees.
J.
Street lighting 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 residential standards as developed by the Niagara-Mohawk
Power Corporation and shall be installed as approved and directed
by the Niagara-Mohawk Power Corporation.
K.
Sanitary sewers and treatment disposal facilities
shall be required. All such installation shall be properly connected
with an approved system and shall be adequate to handle all present
and probable future development. Until such approved system exists
within the Town, package treatment facilities or the dry installations
of such sanitary sewers shall be required within the tract being subdivided,
as appropriate, and such installation shall be made in a manner which
will enable it to be eventually connected with an approved public
system. In any event, the subdivider shall not be required to pay
for the portion of the total cost of off-site facilities in excess
of that which would be required if such facilities were designed to
accommodate only the tract being subdivided. Sewer system shall be
approved by the Town and Health Official and the be in accordance
with other requirements of law. The construction is subject to the
supervision and inspection of the Town Engineer.
L.
In the
case of dry installations, the subdivider shall provide a suitable
seal on the invert of the house connection and post a metal sign in
a conspicuous location near each invert, giving notice to the homeowner
that said seal can be removed only by the proper Town authorities.
M.
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 accordance with the New York State Fire Underwriters' standards.
N.
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 other their location
shall be shown on the subdivision plat. Iron pipes shall not be considered
permanent monuments for the purpose of these regulations. Specific
standards for monuments are on file in the Town Clerk's office.
O.
Utility and telephone lines shall be developed and
installed in accord with the Niagara-Mohawk Power Corporation and
the New York Telephone Company standards.
A.
Concrete curbing may be omitted and, in lieu thereof,
rolled gutters or other means of controlling stormwaters may be constructed
as may be approved by the Town Engineer and Planning Board.
B.
Sidewalks may be omitted on one or both sides of the
street to the extent deemed appropriate by the Planning Board.
C.
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 and the Planning
Board.
D.
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 required.
E.
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 this chapter regarding subdivision control but shall be subject
to all other applicable laws and regulations of the Town, county,
and state.
F.
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 system shall not be subject to the provisions of this
chapter regarding subdivision approval but shall be subject to all
other applicable laws and regulations of the Town, county, and state.
G.
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.