A.
The arrangement of streets in a subdivision shall
provide for the continuation of the principal streets in adjoining
subdivisions and for their proper projection when adjoining property
is not subdivided and shall be of a width at least as great as that
of such existing connection streets. All streets and blocks shall
be designed and constructed in accordance with the Design Standards.
B.
Street systems shall be designed with due regard to
the needs for convenient traffic access and circulation; traffic control
and safety; access for fire fighting, snow removal, and street maintenance
equipment; and stormwater drainage and sewage disposal. Streets shall
be designed to accommodate the prospective traffic and so arranged
as to separate through traffic from neighborhood traffic insofar as
it is practicable.
C.
The streets in contiguous developments shall be coordinated
so as to compose a convenient system. Where a development adjoins
undeveloped land, its streets shall be laid out so as to provide suitable
future street connections with the adjoining land when the latter
shall be developed. A street thus temporarily dead-ended shall be
constructed to the property line and shall be provided with a temporary
turnaround of the same dimensions as for permanent dead-end streets
if in excess of 200 feet, with a notation on the plan providing for
temporary easements for the paved turnaround until such time as the
street is extended. These same requirements shall apply at the discretion
of the Planning and Zoning Commission in those cases where the adjoining
land is another section of the same project which is not scheduled
for development at the same time.
D.
Streets shall be designed in a manner that will accommodate
the existing topography, and all streets shall be laid out so as to
obtain as many as possible of the building sites at or above the grades
of the streets. Grades of streets shall conform as closely as possible
to the original topography. A combination of steep grades and sharp
curves shall be avoided. Vertical curves where sight distances from
planned driveways will be compromised must be addressed early in the
design phase and brought to the attention of the Town.
E.
The contractor shall not operate tracked construction
equipment on dedicated roads. The contractor/developer shall be responsible
for all site and roadwork damaged during construction operations and
said damage shall be repaired, at the developer's/contractor's expense,
prior to acceptance of dedication to the Town.
F.
Where the only access to the project is via an existing
dedicated road, the contractor/developer shall request permission
from the Town Board to use the road as a construction access. A financial
guarantee shall be provided to cover damages to the road due to construction
equipment.
G.
Where a street does not extend to the boundary of the subdivision and its continuation is not needed for access to adjoining property, it shall be separated from such boundary by a distance sufficient to accommodate a lot meeting the requirements of Chapter 270, Zoning, of the Code of the Town of Glenville. Reserve strips of land shall not be left between the end of a proposed street and an adjacent piece of property. However, the Planning and Zoning Commission may require the reservation of an easement for pedestrian traffic or utilities. A cul-de-sac turnaround shall be provided at the end of any permanent dead-end street. For greater convenience to traffic and more effective police and fire protection, the length of permanent dead-end streets may be limited. For temporary dead ends, there shall be provided a suitable turnaround, constructed to Town specifications, together with an easement over any lands used for the turnaround but not being offered for permanent dedication.
H.
Triangles, circles or other traffic-channeling islands
may be required at intersections where present or anticipated traffic
conditions indicate their advisability for traffic control or safety.
I.
The developer shall take adequate measures to preserve
desirable existing trees in suitable locations within the development.
In general, the street right-of-way shall be cleared of existing trees,
but occasional existing trees of unusual value may be preserved within
the street right-of-way if approved by the Planning and Zoning Commission.
New tree plantings are not allowed within the right-of-way, unless
approved by the Planning and Zoning Commission and Highway Department.
Planting of new trees may be required by the Planning and Zoning Commission.
J.
Traffic control and street identification signs shall
be provided as part of the development. Street signs shall be required
at the time the road is paved with the binder course of asphalt and
prior to issuance of the first certificate of occupancy. The developer
shall pay the Town Highway Department for the installation of the
street signs or post an adequate security.
K.
All streets shall be named, and such names shall be
subject to the approval of the Planning and Zoning Commission, Highway
Superintendent, and by the office administering 911. Where feasible,
the Assessor and Building Inspector shall assist in the numbering
of the lots. To assist emergency personnel, the Assessor and Building
Inspector shall review and approve the numbering of units, rooms or
apartments in all complexes whether on a public or private road. Names
shall be sufficiently different in sound and spelling from other street
names in the Town of Glenville and post offices contiguous to the
Town of Glenville so as not to cause confusion. A street which is
a continuation of an existing street shall bear the same name. Relating
street names to features of local historical, topographical, or other
natural interest is encouraged.
L.
Permanent survey monuments shall be set in the boundary
of rights-of-way at intersecting streets, PC and PT of curves, though
the PI of short curves may be used instead where such is practical,
at the discretion of the Highway Superintendent and/or the Town Engineer.
Monuments shall be placed along the R.O.W. line on one side of the
street only and at only one corner of intersecting streets. Adjacent
monumented points shall be intervisible. Monuments shall not be placed
in the roadway.
M.
Monuments shall be tied into the New York State Coordinate
System or other datum acceptable to the Highway Superintendent and/or
Town Engineer. Monument locations shall be shown on the subdivision
record map, along with the coordinates. Field notes of ties to monuments
or a tie sheet shall be recorded on the Monumentation As-Built.
N.
Iron pin markers shall be set at the beginning and
ending of all curves along street property lines; at all points where
lot lines intersect curves, either front or rear; at all angles in
property lines of lots; and at all corner lots.
O.
In addition to the required improvements specifically
referred to elsewhere in these regulations, subdivision plats and
other developments shall provide for all other customary elements
of street construction and utility service which may be appropriate
in each locality, as determined by the Planning and Zoning Commission
upon consultation with the Town Engineer and Highway Superintendent.
Such elements may include, but shall not be limited to, street pavement,
gutters, stormwater inlets, manholes, curbs, sidewalks, traffic-calming
structures, streetlighting, water mains, fire hydrants, fire alarm
signal devices, and sanitary sewers. Underground utilities within
the street right-of-way shall be located as required by the Highway
Superintendent and/or the Town Engineer, and underground service connections
to the street R.O.W. of each lot shall be installed before the street
is paved.
[Amended 10-1-2014 by L.L. No. 6-2014]
P.
To promote and protect the public health, safety,
and welfare it shall be the policy of the Town Board to control the
number of entrances and exits onto and off state, county, and Town
highways. As part of the process of approving sketches, maps, plots,
plats, or plans, the Planning and Zoning Commission may, in appropriate
circumstances, require that the applicant grant to the Town of Glenville
such easements as are required to provide access to contiguous properties
onto a public highway via frontage or service roads, common driveways,
or such other roadways as are required so that the number of entrances
and exits onto and off state, county, and Town highways are not increased.
Q.
Where a subdivision or other development adjoins an
existing street which does not conform to the Town's right-of-way
standards, the developer shall dedicate whatever additional right-of-way
width is necessary to provide, on the development side of the normal
street center line, a width which is equal to at least 1/2 of the
minimum standard width for the respective type of street.
R.
Standards for streets in nonresidential subdivisions
and other developments with an internal circulation network shall
be appropriate for the use intended and shall be established by the
Planning and Zoning Commission upon advice of the Town Engineer.
S.
Where a watercourse separates a proposed street from
abutting property, provision shall be made for access to all lots
by means of culverts or other structures of design approved by the
Town Engineer.
T.
All roads, whether dedicated or private, shall set
over the winter months prior to the final application of topping material.
Prior to the placement of the top course of asphalt, the entire road
shall be treated with "tack coat." The top material may be installed
in the spring of the following year or as approved by the Town Engineer.
Binder shall be a tighter mix approved by the Town Engineer.
U.
Certificates of occupancy shall not be issued until
the binder course is installed on all roads/drives, whether they are
to be dedicated or private.
B.
The Planning and Zoning Commission will review all
private roads in relation to access, ability to support traffic loads,
traffic circulation, drainage and maintenance. All private roads shall
be named and marked with an approved sign for adequate identification
for emergency and fire situations. The conditions and standards for
private drives are as follows:
A.
It shall be the responsibility of the developer to
furnish easements to the Town of Glenville, as required, for the installation
and permanent operation of storm sewers, sanitary sewers, water mains
or access roads where required.
B.
Easements to be granted to the Town of Glenville for
any proposed development must be prepared and presented to the Planning
and Zoning Commission Attorney prior to final approval of the project.
After final approval, but prior to signing of the map, the developer
shall cause the easements to be recorded in the Schenectady County
Clerk's office at the developer's expense. The developer shall then
furnish a time stamped copy to the Planning and Zoning Commission
Attorney as proof of filing.
C.
These easements shall be prepared prior to the approval
of the detailed plan and be so written as to be contingent upon the
Town's approval of said plan. Applicants bear the responsibility and
costs for preparation of the easement maps and assuring their transfer
to the Town of Glenville and recording in the County Clerk's office.
D.
All access and utility easements granted to the Town
must have an access to a dedicated street.
E.
The Town of Glenville reserves the right to require
easements for anticipated future utilities where, in the opinion of
the Planning and Zoning Commission pursuant to the recommendation
of the Town Engineer, such easements are justified by the estimated
rate of growth of the area in question.
F.
Where a development is traversed by a watercourse,
drainageway, channel, or stream or contains a pond which crosses a
property line, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the line of such watercourse
and of such width as will be adequate to preserve natural drainage
and to accommodate the twenty-five-year flood area of such watercourse.
Access on easement from a dedicated highway sufficient to permit passage
of maintenance equipment should be provided. Piping of the watercourse
may be provided.
G.
Stream easement width to accommodate drainage shall
be determined by the Planning and Zoning Commission, based upon the
recommendation of the Town Engineer, and may include provisions for
pedestrian access, if required by the Planning and Zoning Commission.
A.
Generally. If required by the New York State Public
Service Commission ruling (tariffs) for all public utilities, utilities
shall be underground, including electric, telephone and cable TV.
Utility companies shall obtain the necessary approvals and permits
prior to starting construction.
B.
Water.
(1)
Where public water is not available, water supply
may be approved from private wells, provided that the subdivider must
submit to the Town results of an approved water quality sample from
the Schenectady County Health Department or certified testing laboratory
tested to health department standards prior to issuance of a building
permit. Development plans shall contain a note stating that the Town
is not responsible for quantity or quality of any well supply.
(2)
The criterion of design will normally be that pipes
shall be sized to obtain the required fire flow at the critical point
in the development while satisfying the average daytime domestic draft,
and in no case shall be less than ISO standards.
(3)
Where public water is not available, the developer
may be required to install fire suppression ponds or similar on-site
storage to aid fire protection.
(4)
When private wells are to be used, as well as individual
sewage leach fields, the developer must satisfy the requirements of
the Schenectady County Health Department regarding separation and
pollution of the private well.
C.
Sanitary sewer. Sanitary sewers shall be provided
wherever the proximity of existing sewers makes it possible and economically
feasible. They shall be designed in accordance with the standards
set forth by the New York State Department of Environmental Conservation,
Town Engineer, and such other agency as has jurisdiction over design,
construction and/or final operation or maintenance. The developer
shall be responsible to secure the approval of the appropriate agency
to connect the new sanitary sewers to the agency's existing sewers,
prior to start of construction. Sanitary sewers are to be extended
to the limits of the project.
D.
Private sewage disposal systems. Individual private
septic systems may be permitted instead of sanitary sewers where sanitary
sewer service is too distant to be provided economically and sewer
service is not proposed in the Comprehensive Plan. The applicant shall
provide information as specified in the Design Standards sufficient
to demonstrate compliance with the regulations and procedures of the
Schenectady County Health Department.
E.
Drainage and stormwater and storm sewers.
(1)
It is the Town's policy to control both the quantity
and quality of stormwater runoff. Facilities shall be designed to
take the runoff from streets, lawns, paved areas and runoff areas.
Full engineering attention shall be given to the interception and
conveyance of stormwater by the street drainage system, a system of
backlot-lie drainage swales and main drainage channels through the
development.
(2)
Stormwater quantity and quality management shall be
provided for all new land development (including redevelopment) where,
in the judgment of the Town Engineer, it is considered necessary in
order to provide drainage control and to protect water quality.
(3)
An adequate and comprehensive drainage system shall
be provided to convey the stormwater runoff originating within and
outside the development in accordance with the natural direction of
runoff for the total upland watershed area affecting the development.
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 development.
(4)
[1]No developed or rebuilt area shall discharge stormwater
into adjacent culverts and channels at a rate greater than what occurs
under a natural undeveloped condition. The fact that downstream facilities
are inadequate prior to development and, therefore, flood at certain
times, does not imply that increasing the frequency at which they
will flood by allowing additional runoff from a development will be
acceptable.
[1]
Editor's Note: Former Subsection D(4), regarding the preservation
and improvement of natural watercourses, was repealed 10-1-2014 by
L.L. No. 6-2014. This local law also provided for the renumbering
for former Subsection D(5) through (18) as Subsection D(4) through
(17), respectively.
(5)
Stormwater leaving the site shall be discharged to
a recognized drainage course via easements dedicated to the Town.
(6)
If the Town deems it desirable and appropriate to
remedy a downstream flooding situation, they may, at their discretion,
require an impoundment area of a size and type which can assist in
rectifying the downstream flooding situation. This downstream flooding
situation might be a case where backyards flood rather frequently
or where downstream piping systems are overtaxed, possibly causing
backup into cellars, yards, etc. The cost of any excess facilities
is subject to negotiations with the developer.
(7)
The developer shall comply with the requirements set
forth in the Phase II State Pollution Discharge Elimination System
(SPDES) General Permits for Stormwater Runoff from Construction Activity,
as well as the New York State Stormwater Management Design Manual
(October 2001 or as amended).
(8)
Stormwater management facilities associated with developments
subject to Phase II SPDES General Permits for Stormwater Runoff from
Construction Activity shall be designed to comply with the New York
State Stormwater Management Design Manual. Where the standards in
this Design Standards are not consistent with the SPDES general permit
requirements, the more restrictive shall apply. The Town reserves
the right to require more stringent standards in circumstances where
the Town Engineer determines more stringent standards are warranted.
(9)
Drainage easements shall be reserved where road runoff
must cross private property. Easement width is to be established by
the Town Engineer and approved by the Planning and Zoning Commission.
(10)
Easements shall be provided along all natural
watercourses and dedicated facilities. Additional easements may be
required to maintain drainageways where deemed necessary by the Town
of Glenville. Easement width is to be determined by the Town Engineer
and approved by the Planning and Zoning Commission.
(11)
The developer and his engineer shall be responsible
for furnishing, as part of their plans to be presented before the
Planning and Zoning Commission, full and sufficient details of all
hydraulic structures. This includes, but is not limited to, cross
sections of drainage channels, details of headwall construction, erosion
control structures, special manholes, detention facilities and all
such other items as may be necessary to establish fully the methods
and materials to be followed in construction.
(12)
All culverts placed in existing streams shall
be designed to insure that the upstream water surface elevation will
not be increased by placing this structure in the path of flow.
(13)
On certain projects there may be key elevations
which must be adhered to, as determined by the Town Engineer. These
key elevations may be finished floor, lowest architectural opening
or basement floor elevations. Applicant's engineer/surveyor shall
certify these key elevations in writing, prior to the issuance of
a certificate of occupancy.
(14)
The Town has determined that stormwater detention
basins will be required because continual upstream development tends
to overtax both downstream natural watercourses and man-made drainage
facilities. In addition, increased rates of stormwater runoff cause
environmental problems downstream such as highly erosive velocities,
flooding and overtopping of the banks. Consequently, it has been determined
to insist upon detention basins and to have these detention basins
designed in a manner compatible with the particular problem. Due to
the topography of the Town of Glenville, detention facilities will
be off-stream ponds.
(15)
The developer is responsible for providing and
transferring to the Town permanent easements of a location and type
adequate to encompass and to service and maintain the facilities.
Such easements are to be approved by the Planning and Zoning Commission
Attorney prior to final subdivision approval.
(16)
If not adjacent to a public right-of-way, an
easement shall be provided for access for purposes of maintaining
the detention/retention basin. The easement size and location shall
be approved by the Town Highway Superintendent.
(17)
Innovative design for sediment control by the
developer shall be encouraged. As a guideline, sediment sinks/settling
ponds and interceptor swales shall normally be used to intercept and
detain for settling all sheet flow and channel flow from disturbed
areas of the development project upstream from the location where
such discharge enters either the natural stream system, another watercourse,
or a storm drain system, or where it would enter upon undisturbed
areas or the land of others.
F.
Flood hazard prevention shall include the control
of soil erosion of land surface and drainage channels and the prevention
of inundation and excessive groundwater seepage by comprehensive site
grading and the establishment of adequate elevations of buildings,
building openings and roadway above the observed, anticipated, or
computed water levels of storm sewers, streams, channels, floodplains,
detention basins and swales.
G.
Particular attention shall be paid to development
in the vicinity of creeks and their floodplains. No alteration of
the existing characteristics of the areas shall take place without
the specific approval of the Town as to the adequacy of the protective
measures taken, if any, and the effects of such development on upstream
and downstream reaches of the watercourse and adjacent properties.
H.
All development proposed within the special "flood hazard area," as defined by the Federal Insurance Administration, shall comply with the various regulations set forth by the Federal Insurance Administrator and in Chapter 151, Flood Damage Prevention, of the Code of the Town of Glenville, when applicable.
I.
Provisions shall be made for draining the surface
of each lot by proper grading and the construction of swales, ditches
or drains.
J.
Provisions shall be made for piping of roof and cellar
drainage into the street drainage system. The developer and his engineer,
however, must design and provide that cellar floors will be at an
elevation higher than the pavement to permit the street drainage system
to run fully surcharged without causing backup or flooding in the
cellars. In lieu of this, the developer may request from the Town
permission to drain the cellars with sump pumps and appropriate double-check
valves.
K.
In special conditions, where topography permits or
dictates, cellar drainage may be conveyed to main drainage swales
where it can be deposited if no nuisance will be caused or created
to abutting or downstream property owners. In such instances, the
cellar floor shall be so designed as to be above the level of the
project design flood to assure no backup or flooding of the cellar.
L.
No laundry, sanitary, or kitchen wastes shall be discharged
to a storm drainage system. Further, no drain connections from garages
or driveways shall be permitted to enter drainage swales where soap
suds and detergents from car washing operations could cause a nuisance
to abutting or downstream property owners.
M.
Storm drain laterals shall have outside cleanout.
N.
No cellar drainage, roof drainage, drain connections
from garages, and/or any other stormwater shall be conveyed to sanitary
sewer system.
O.
Driveway culvert is to be furnished and placed by
the contractor of a size and type approved by the Highway Superintendent.
P.
All lots shall be so graded and positive drainage
provided such that oncoming drainage from upland lots shall be conducted
across the lower lots in a manner which will not cause a nuisance
to the downstream property owner, and not in such a manner as to cause
a safety hazard to structures or property.
A.
Lighting facilities shall be required along all new
streets where designated by the Planning and Zoning Commission. Light
spacing, fixtures and underground conduit shall meet with the requirements
set forth by the Planning and Zoning Commission and electric corporation
having jurisdiction in the service area. Streetlight poles, bases
and wiring are to be leased from the power company. All costs are
paid by the lighting district formed for the proposed subdivision.
B.
The developer shall provide adequate streetlighting
and fixtures at the locations shown on the plans and as directed by
the Town Planning and Zoning Commission.
A.
The Planning and Zoning Commission, as a condition
of approval, may require the placement of trees, shrubs or other plantings
in a subdivision or site plan.
B.
The developer shall place trees at the locations shown
on the plans and as directed by the Planning and Zoning Commission.
C.
The developer shall at the completion of planting
operations remove all rubbish, dirt, and rejected materials no longer
necessary for the completion of the remaining work.
D.
The developer shall replace, without cost to the Town
and as soon as weather conditions permit and within a specified planting
period, all dead plants and all plants not in vigorous, thriving condition.
The plants shall be free of dead or dying branches and branch tips
and shall bear foliage of a normal density, size and color. Replacements
shall closely match adjacent specimens of the same species. Replacements
shall be subject to all requirements stated in this specification.
E.
Trees planted in accordance with these specifications
shall be guaranteed for one year from the date of initial acceptance
by the Town. Trees found dead or not in a healthy growing condition
shall be replaced by trees of the same size and species by the developer
at his own expense.
F.
The guarantee of all replacement plants shall extend
for an additional period of one year from the date of their acceptance
after replacement. If replacement plant material is not acceptable
during or at the end of the said extended guarantee period, the Town
may elect subsequent replacement or credit for each item.
A.
No construction or grading work shall begin prior to final Planning and Zoning Commission approval including provisions for financial security set forth in § 242-26.
B.
The developer shall take all necessary measures to
control dust resulting from his construction operations and to prevent
spillage of excavated material on public roads. When appropriate,
the Planning and Zoning Commission may require that an allowance be
provided in the letter of credit or other financial security to guarantee
compliance with this provision.
C.
All construction shall at all times be subject to
inspection by the Town Board, its agents, representatives, and authorized
employees. Such inspectors may stop the work when the developer or
his contractor has no competent foreman in charge of the work, or
when the work or materials does not meet these specifications, or
when circumstances are such that continuance of that particular phase
of the work would not be in the best interests of the Town.
D.
Costs incurred for inspection shall be borne by the
developer, and sufficient funds shall be part of the letter of credit.
E.
Failure of the Town, the Town Engineer, their agents,
employees or representatives, to reject improper work or inferior
material during construction shall not be construed as, nor imply,
final acceptance. If subsequent inspection, operation, or circumstances
cause defects to become evident, the developer shall make, or cause
to be made, such cuts or other exposures of the work as may be required
to determine cause of such defects. Such defects shall then be corrected
to the satisfaction of the Town at the expense of the developer.
F.
The developer is solely responsible to the Town for
proper construction of utilities. It will normally be of benefit to
both the developer and the Town to have Town representatives deal
directly with the developer's contractors where such are employed,
both as a matter of expediency and to avoid needless liaison. However,
such action shall not be construed as relieving the developer of his
prime responsibility to the Town.
G.
The developer, or his contractor where work and responsibility
has been so delegated, shall comply with New York State Industrial
Code, Rule #53, cited as 12 NYCRR 53, relating to "Construction, Excavation,
and Demolition Operations at or Near Underground Facilities." It shall
be the responsibility of the developer or his contractor to notify
the proper utility owner and request stakeout of existing underground
utilities well in advance of start of excavation or performing any
work in the vicinity of existing utilities.
H.
Care shall be taken to protect persons and property
as well as avoid potentially hazardous conditions or nuisances. The
developer and his contractor shall comply with all stipulations of
the Occupational Safety and Health Act of 1970 and all revisions and
amendments thereto.
I.
The developer shall warrant all work performed and
materials furnished against defect, failure, inadequacy, or breakage
for a period of one year from the date of final acceptance of the
work by the Town Board. Money for warranty shall be deposited with
the Town prior to the acceptance of the work. In the event of such
defect, failure, inadequacy, or breakage during said warranty period,
the developer shall make the necessary repairs or replacements within
10 calendar days of the mailing of written notice by the Town Board
or its Engineer.
J.
Should the developer fail, neglect, or refuse to so
comply within the specified time, the Town shall make the necessary
repairs or replacements for the account of the developer and deduct
all costs therefor from the moneys or securities being held by the
Town to ensure compliance during the warranty period.
K.
All construction work shall be properly staked out
by competent engineering personnel in accordance with the approved
plan.
L.
Where work is left incomplete, because of weather
or other reasons, it shall be protected. Roadbeds shall be left well-drained,
sanitary sewers (and storm drains where applicable) shall be temporarily
plugged and so protected that surface water, mud, silt, and debris
cannot enter. Sewer laterals, water services, and valves shall be
suitably marked with stakes and shall be protected.
M.
The road base should not be used by the contractor
for material deliveries or as a construction haul road. In the event
the developer has to use the subdivision road for material delivery,
the developer will be responsible for any road damage and/or stone
base contamination. Any contaminated stone will, at the developer's
expense, be removed from the road and replaced with clean stone. Many
times this damage is not discovered, but the road starts to fail years
before it should.
N.
The developer shall obtain from the proper Authorities
all necessary permits and pay for all fees for building or blasting
or construction work within public streets.
O.
At the time the facilities are constructed and prior
to the mass grading operations, applicants/developers shall contact
the Town Engineer so that an inspection can be made in the field to
assure that all siltation facilities are constructed, prior to the
actual mass grading.
P.
Direct discharge from dewatering pumps and surface
runoff from the construction sites to storm sewers, culverts, streams,
or ditches shall not be permitted. Intercept and conduct surface runoff
and discharge from dewatering pumps to siltation ponds before discharge
to natural drainage channels.
Q.
No topsoil or subsoil shall be removed from the site
unless approved by the Planning and Zoning Commission.
R.
Sediment control facilities are to be constructed
as required by the Town and NYSDEC. These facilities shall conform
with Guidelines for Urban Erosion and Sedimentation Control, published
by the New York State chapter of the Soil and Water Conservation Society.
The Town reserves the right to modify or order periodic maintenance
of soil erosion control measures. Procedures or standards of the Design
Standards shall be followed.
S.
No building permit for any permanent building within
a subdivision shall be issued by the Building Inspector until after
the record sheet of the subdivision plat has been approved by the
Planning and Zoning Commission and has been filed in the office of
the Schenectady County Clerk.
T.
Where a permit is desired for the occupancy of a building
in the subdivision prior to the completion of all of the improvements
shown on the approved construction sheet of the subdivision plat,
in addition to the other requirements of the Building Inspector, the
road and utilities serving the building shall be completed to a degree
satisfactory to the Town Engineer. This shall be a minimum of the
binder course of asphalt being placed in front of the dwelling.
The following procedure shall apply with respect
to any property to be deeded to the Town for roads, park, open space,
drainage or other use:
A.
The developer shall present a proposed warranty deed
with lien covenant showing a description of the land.
B.
The developer shall provide an abstract of title showing
clear title to the property being deeded to the Town. This abstract
shall be examined by the Town Attorney. Should the Town Attorney determine
that it is in the best interest of the Town to obtain a fee title
insurance policy, he shall notify the developer or his representative
and it shall be the responsibility of the developer to provide and
pay for said fee title insurance policy.
C.
The Town Board shall review the proposal for dedication
and, if appropriate, pass a resolution accepting dedication.
D.
It shall be the responsibility of the developer to
record the deeds of dedication in the Schenectady County Clerk's office
and to pay any and all recording and related fees.
E.
In the case where the land being dedicated is on the
tax rolls, the developer shall also deposit with the Town funds to
cover 150% of any estimated tax liability until the property can be
removed from the tax rolls on the next taxable status date.
F.
The dedication procedure is not complete until the
above procedure has been complied with.
