A.
Improvements may be required by the Planning Board to assure that
all lots in subdivisions are adequately and properly served with streets,
utilities, sanitation facilities which provide a healthy and safe
environment and other safeguards to assure the property is properly
identified, accessible to pedestrians and vehicles and protected against
such dangers as flooding and erosion.
B.
In all cases, the applicant shall be responsible for the installation
of all required improvements.
C.
Once the Planning Board has granted final approval and before the
final signatures are placed on the plan, the applicant shall enter
into an agreement with the Town Board for the subsequent completion
of the platted improvements to be dedicated to the Town.
D.
The developer shall submit with the tender of dedication and deeds
to all streets, easements and required sureties to assure the proper
and timely completion of the required improvements.
F.
Minimum improvements and construction standards required of all subdivisions
shall be as set forth in the Town Code and the Town of Canandaigua
Site Design and Development Criteria.[1]
[1]
Editor's Note: The Site Design and Development Criteria are
available in the Town offices or through the Town's online version
of the Code (eCode360®).
A.
Purpose. In order to provide utilities and services, including but
not limited to sanitary sewer, water, drainage and lighting, on an
equitable basis and to assure a means of ongoing maintenance of same,
the applicant shall petition the Town Board to create or extend utility
and service districts as required.
B.
These districts shall be created in conformance with the provisions
of New York State law to assure that those property owners benefited
by the utilities and services are responsible for the cost of their
installation and maintenance.
C.
The Town Attorney and Town Engineer shall review necessary documents and maps, and the Town Clerk will be responsible for publication and filing requirements. The developer shall reimburse the Town for all legal and engineering costs incurred as a result of the formation of the district(s) in compliance with Chapter 111 of Town Code.
D.
Required improvement districts must be extended or created by the
Town Board before the signature of the Planning Board Chairperson
may be affixed to the approved final site plan or subdivision plat.
A.
General. As required by the Town, easements of sufficient width necessary
for installation, repair and/or replacement of improvements shall
be provided, subject to the following:
(1)
The depth, type, size and location of a utility in addition to soil
conditions will be considered when establishing an easement width.
(2)
To the fullest extent possible, easements shall be centered on or
adjacent to rear or side lot lines.
(3)
Public water. Where an easement for public water is provided, the
service shall extend to the easement line (or across utility easement).
(4)
Where a development is traversed by a watercourse, the applicant
shall provide to the Town at no cost a drainage easement or right-of-way
conforming substantially to the line of such watercourse and of such
width as will be adequate to preserve natural drainage and maintain
the same.
(5)
The minimum easement width shall be 20 feet, but the actual width
acceptable to the Town will consider all those factors previously
listed in this section.
(6)
Stormwater management facilities. An access easement of 25 feet shall
be provided around all portions of stormwater management facilities,
or said facilities may be located on land dedicated to the Town.
B.
Formation of easements. If easements are required on a project, the
following procedure will be followed:
(1)
The developer will have his engineer and/or surveyor prepare maps
and descriptions of all of the easements associated with the development.
(2)
The easements and descriptions are referred to the Town Engineer
for technical review of bearings and distances.
(3)
After technical review by the Town Engineer, the easement maps and
descriptions are sent to the Town Attorney to assure that the appropriate
legal language is incorporated into the documents.
(4)
The Town Attorney will then contact the developer's attorney to work
out any concerns associated with the easement descriptions.
(5)
If any revisions to the easements are needed, they are made by the
developer's engineer. Any changes must then be offered to the Town
Board for acceptance.
(6)
Either the Town Attorney or the Town Clerk will duly file the final
easements, and the charge of such will be borne by the developer.
[Amended 3-16-2015 by L.L. No. 3-2015]
A.
Provisions of this section are administered as provided for in New
York State Town Law § 277, as amended.
B.
In compliance with New York State Town Law Article 16, § 277,
Part 9, as may be amended, surety may be required by the Planning
Board as a condition of site plan or subdivision approval in order
to assure proper installation of proposed improvements, including
but not limited to utilities, drainage facilities and roads.
C.
Sureties shall be in amounts as approved by the Town Engineer or
the Town Code Enforcement Officer and shall include costs, including:
(1)
Estimated construction cost of all required improvements;
(2)
A minimum contingency factor of 10%;
(3)
A minimum of 6% for engineering and construction observation charges
based on the project complexity and construction schedule;
(4)
Installation of street signs and surveyor's monuments;
(5)
Mapping; and
(6)
Development of record drawings of installed facilities.
D.
The form of the sureties shall comply with New York State Town Law
and shall be approved by the Town Board Attorney.
E.
After approval by the Town Engineer and Town Board Attorney, a complete
description of the surety will then be provided to the Town Board
who shall either accept or reject the surety.
F.
Sureties.
[Amended 9-18-2017 by L.L. No. 19-2017]
(1)
Sureties paid by cash or check that do not exceed $20,000 must be
approved by the Town Manager prior to the issuance of building permits.
Within 45 days following the date of such approval by the Town Manager,
the applicant shall arrange to have the surety accepted by the Town
Board. If the Town Board does not accept said surety within 45 days,
any permits granted shall be revoked.
(2)
Sureties that exceed $20,000 must be accepted by the Town Board prior
to the issuance of building permits.
G.
Inspection. All improvements covered under a performance surety must
be inspected during construction. Costs of the required inspections
shall be estimated by the Town Engineer and will be borne by the developer
and shall be included in the initial value of the surety.
(1)
The inspection procedure is designed to determine compliance with
the approved plans.
(2)
For inspection purposes, the contractor will notify the Town when
construction will be undertaken on proposed improvements. Reasonable
notice is required.
(3)
Inspections are the responsibility of the Town Engineer, Highway
and Water Superintendent, Town of Farmington Water and Sewer Superintendent
and/or Town of Canandaigua Code Enforcement Officer, and other agencies
as required and appropriate.
H.
Surety default and retention.
(1)
If the required improvements are not completely installed within
the period as may be fixed or extended by the Planning Board, the
Town Board may declare the surety in default and collect the amount
payable thereunder. Upon receipt of such amount, the Town shall cause
to install such improvements as were covered by the surety and as
commensurate with the extent of building development that has taken
place in the subdivision, not exceeding in cost, however, the amount
collected from the surety.
(2)
If within one year's time from the certificate of occupancy, remedial
or landscaping work is incomplete, the Town shall complete said work
and deduct costs from the posted sureties.
(3)
The soil and erosion sureties will be retained until all disturbed
pervious areas are 80% covered with vegetative controls (grass), at
which point the escrow shall be released to the applicant.
I.
Release of sureties. Upon completion of required improvements, the
applicant may request full or partial release of sureties filed with
the Town.
(1)
The process for a release of surety will be initiated when a written
request for partial or total release is submitted to the Town Development
Office for approval.
(2)
The request will then be reviewed by appropriate Town Staff or the
Town Engineer and compared with the inspection record.
(3)
Development Office staff will then forward a recommendation regarding
the request to the Planning Board for their formal consideration.
(4)
Recommendations by the Planning Board for full or partial release
of funds shall be forwarded to the Town's Fiscal Officer, who, upon
review, may release the specified funds.
(5)
Approval by the Town for authorized periodic payments is not to be
construed as acceptance of the work completed to date.
(6)
Retainage shall be released only after a maintenance bond has been
accepted by the Town and subject improvements have been tested and
found acceptable by the Town's representatives.
A.
General. Improvements offered for dedication to the Town of Canandaigua
shall be complete with final inspections and approvals from the Town
Highway and Water Superintendent and, where appropriate, the Town
of Farmington Sewer and Water Superintendent, Code Enforcement Officer,
a representative from the Planning Board, Town Engineer and others
as may be appropriate.
B.
The Town Board Attorney shall also review and accept legal documentation
related to the dedication.
C.
Improvements completed. Before dedication, subject improvements and
the following shall have been certified as completed.
D.
Special procedure for road dedication.
(1)
Upon completion of the binder pavement and all other items related
to the construction of a road and before installation of the top pavement
course, the Town may elect to accept dedication of said road if the
developer files with the Town surety sufficient to complete the top
pavement course, as well as a two-year maintenance bond for the road
in an amount deemed sufficient by the Town Highway Superintendent.
(2)
This is intended to allow the developer to complete related construction
on adjacent lots prior to installing the top pavement course thereby
reducing marring or patching of the top pavement course resulting
from normal construction activity.
(3)
Before the expiration of the maintenance bond and before the final
top is applied, the Town or its representative and the developer will
hold a final site review to assess any damages or repairs that may
be necessary by the developer under the maintenance agreement. Once
the top course has been installed, final acceptance of all roadway
improvements shall be obtained from the Town Board.
E.
Record plans. Record plans and all testing results shall be supplied
to the Town at least 15 days prior to dedication.
(1)
Record maps shall be prepared by the applicant's engineer. Eight
prints and a reproducible original (Mylar) shall be submitted to the
Town Development Office.
(2)
The record map shall contain the following information:
(a)
The locations, sizes, elevations, lengths, slopes, inverts and
top elevations of all structures in the sewer systems.
(b)
The elevations of any drainage swales and drainage structures
to be dedicated to the Town.
(c)
The locations, including ties to all valves, curb boxes and
hydrants to permanent structures.
(e)
Any other significant details affecting the operation or maintenance
of any system by the Town.
(f)
Survey control monuments.
(g)
The location of all facilities shall be tied to visible and
reproducible objects.
F.
Maintenance bonds. The submission and acceptance of maintenance bonds
for all newly constructed improvements, including landscaping, and
those offered to the Town for dedication is required.
(1)
Maintenance bonds shall be written by a surety provider licensed
to do business in New York State, and they shall be in the amount
of 10% of the actual construction costs incurred.
(2)
Individual portions of the project, i.e., sanitary system, water
system, can be bonded with their individual acceptances by the Town.
(3)
A maintenance bond will not be accepted until the entire project
is ready for dedication.
(4)
Maintenance bonds for landscaping shall be held for a period of one
year following installation to assure correction of any work that
may be found to be defective.
(5)
The maintenance bond for all other improvements to be dedicated to
the Town shall be held for a period of two years following dedication
of the improvements to assure correction of any work that may be found
to be defective.
(6)
Release of the maintenance bond shall be authorized, in writing,
by the Town's Fiscal Officer upon final review of the project site
by Town authorities. This review will be completed at least one month
before the expiration of the bond.
