The improvements which are hereby required shall be designed, furnished and installed by the subdivider in accordance with the provisions of these regulations and other regulations of Cayuga County and the State of New York. They shall be installed before the final plan is approved, or, in lieu thereof, financial guaranties (performance bonds) sufficient in amount to cover the estimated full costs of such installation shall be approved by the Planning Board prior to the approval of the final plan.
A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part.
A. 
Drainage plan. Prior to the start of any construction (houses or roads), the subdivider shall furnish a plan showing the slab or floor elevation of each house proposed to be constructed. He shall also show by the use of arrows how he proposes to surface drain each lot. The subdivider shall submit topographic maps showing the area to be drained with calculations prepared by a registered professional engineer in determining the proposed stormwater collection system.
B. 
Drainage requirements (grading).
(1) 
No final grading or sidewalk or pavement construction or installation of utilities shall be permitted in any proposed road until the final plan has been approved or conditionally approved.
(2) 
The subdivider shall grade each subdivision in the following order to establish road, block and lot grades in their proper relation to each other and to the topography:
(a) 
Road grading plan. A grading plan shall be prepared for the roads along with road improvement details. The grading of the roadway shall extend the full width of the right-of-way. Planting strips shall be graded at a gradient of not less than 2% nor more than 3% upward from the curb to the sidewalk.
(b) 
Block and lot grading.
[1] 
Block grading shall be as follows:
[a] 
A ridge along rear lot lines draining into the roads.
[b] 
Parts of all lots draining to a sidewalk or ditch along rear lot lines.
[2] 
Lot grading shall be as follows:
[a] 
Lots shall be graded so that water drains away from each building at a minimum grade of 2%.
[b] 
Surface drainage swales shall have a minimum grade of 1/2% and shall be designed so that surface water will drain into a driveway, road gutter, storm sewer, drain inlet or natural drainageway.
[c] 
The minimum grade of driveways shall be 0.4% and a maximum of 15%.
(c) 
Topsoil. If grading results in the stripping of topsoil, the topsoil shall not be removed from the site or used as spoil and shall be uniformly spread over the lots as grading is finished.
(d) 
Trees. As many trees as can be utilized in the final development plan shall be retained.
C. 
Drainage system requirements. The design criteria for the drainage systems shall be based on the State of New York Department of Public Works standards as approved by the Planning Board. The following minimum design frequencies are to be used unless otherwise specified:
Type
Design Frequency
(years)
Roadway ditches
2
Storm sewers
5
Culvert under roadways
25
Watercourses
10
(1) 
Road drainage system. The road storm drainage system shall serve as the prime drainage system. It shall be designed to carry roadway, adjacent land and dwelling stormwater drainage.
(a) 
Road storm sewers (enclosed).
[1] 
The design discharge used to determine pavement inlet spacing shall be based on the formulas of the Department of Public Works, and the same for estimating the gutter flow between inlets.
[2] 
Unless otherwise specified, the inlet spacing shall be based on a ten-year-frequency, fifteen-minute-duration design storm. Standard manholes or combination manhole inlets for cleaning purposes shall be placed no further than 300 feet apart.
(2) 
Off-road drainage systems.
(a) 
The design of the off-road drainage system shall include the watershed affecting the allotment and shall be extended to a watercourse or ditch adequate to receive the storm drainage.
[1] 
All watercourses or ditches with a design capacity not exceeding the capacity of a thirty-six-inch concrete pipe shall be enclosed. Existing creeks or ditches constructed by the subdivider which exceed the above limit shall be constructed so that the roadway provides access for maintenance equipment to all sections of the ditch. The ditch easement shall be wide enough to contain said ditch slopes and roadway with ample clearance for the operation of maintenance equipment. Open ditches will have a side slope ratio of 2:1 and a minimum two-foot bottom width.
[2] 
No open ditch shall be constructed within 100 feet of the rear of a dwelling, as measured from the dwelling to the edge of the ditch easement.
[3] 
Any storm drainage courses carried alongside lot lines shall be enclosed with approved pipe.
(b) 
Drainage easements. Easements for drainage purposes shall be a minimum of 15 feet in width. Where the watercourse is large, easement widths shall be increased as determined by the Town Engineer. Easements shall be shown on the plan and deeds and shall cover all existing or reconstructed watercourses.
(3) 
Protection of drainage systems.
(a) 
The subdivider shall adequately protect all ditches (roadways and watercourses) to the satisfaction of the Planning Board or its agent as follows:
[1] 
Enclosing the watercourse with pipe.
[2] 
Sodding or paving with brick, concrete, half tile or broken concrete slabs.
(b) 
All adjoining land where the vegetation has been injured or destroyed or where the land is in need of protection to prevent erosion deposits in the drainage facilities and/or unsightly conditions shall be restored and protected as directed by the Planning Board or its agent.
(c) 
In all cases, any drainage facility within the subdivision shall be in a stable condition, free from either erosion or sedimentation and/or other debris.
The subdivider shall design and construct pavements, curbs and gutters of sizes and types to conform to specifications established by the Town Board of the Town of Cato. The construction and materials shall be in accordance with standards set by the State of New York Department of Public Works.
A. 
Pavements.
(1) 
Higher standards and/or greater widths than indicated herein may be required by the Planning Board to provide adequately for unusual soil conditions or extraordinary traffic volumes or loads.
(2) 
The subdivider may construct a temporary roadway of slag or stone for use during the building construction period. Such pavement shall be maintained in a safe and passable condition by the subdivider without expense to the town.
B. 
Sidewalks. Sidewalks shall be provided if the Planning Board deems it necessary. Sidewalks shall be constructed of concrete four inches thick placed on four inches of cinder or crushed stone. The construction and materials shall be in accordance with the standards of the State of New York Department of Public Works.
C. 
Road name signs. The subdivider shall install road signs showing the names of all roads at all road intersections. The signs shall conform to the specifications of the Planning Board and shall be mounted at a height of between six feet and eight feet above the top of the curb or the crown of the pavement. The signs shall be located as directed by the Planning Board.
D. 
Road lights. The subdivider shall contact the Town Board to arrange for the installation of road lights in the subdivision.
E. 
Trees. Roadside trees shall be spaced so that there will be approximately 10 feet between branch tips when the trees are fully grown. No trees shall be planted within 40 feet of the intersection of two road right-of-way lines. Approaches to buildings should be considered when locating trees.
F. 
Planting screens or fences. The Planning Board may require and permit planting screens or fences where reverse-frontage lots abut an arterial road or between an arterial road and a marginal access road, provided that such planting screens or fences do not constitute a safety hazard. A plan of proposed planting screens or fences shall be submitted for approval with the final plan.
Adequate public sanitary sewer and water supply systems shall be provided by the subdivider, either by the installation of new systems or by connection to existing systems which are deemed adequate by the Planning Board to handle the additional demands and volume which will result from the proposed subdivision. The subdivider, prior to the submission of said plan for approval by the Planning Board, must receive the prior written approval for the extension or installation of said public water system and public sanitary sewer system from the Cayuga County Health Department and any public utility involved. The Planning Board may grant an appropriate variance from the foregoing requirements if each of the proposed lots is one acre or larger in area and has an average width of 200 feet or more and frontage on a public road and provided that written evidence is submitted that the subdivider has demonstrated to the satisfaction of the Cayuga County Health Department that the subsoil conditions are suitable for individual sewage disposal facilities.
A. 
The Planning Board shall require that the plan show land for parks, playgrounds and open space as specified in Table 2. These proposed public areas shall be in conformance with the town's Comprehensive Land Use Plan. Where the land area shown on said plan for such public sites exceeds the amount required by Table 2, such additional land shall be reserved for a period of one year to permit said land to be acquired by the appropriate public body.
TABLE 2
Average Lot Area
(square feet)
Land Area Required for Public Use
(acre per gross acre in subdivision)
Residential, more than 1 acre
0.06
Residential, 1/2 to 1 acre
0.07
Residential, less than 1/2 acre
0.10
Commercial or industrial*
0.05
* NOTE: The Planning Board may vary these requirements.
B. 
If no public site is indicated on the Land Use and Road Plan, the subdivider, in lieu of dedicating land in the amount indicated in Table 2, may be required by the Planning Board to pay an amount equal to the improved value of such land.
C. 
The Planning Board may vary requirements as determined by three appraisers, one to be selected by the subdivider, one by the Town Board and one agreeable to both the subdivider and the Town Board. Any payment in lieu of dedication of public land shall be used to purchase or improve school or park sites which will serve the subdivision for which the payment was made.
D. 
It is recommended that public sites in adjoining subdivisions be located together so that larger, more usable sites are created.
E. 
Any land dedicated for a public park or open space shall be landscaped in a manner designated by the Planning Board.
A. 
Monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision. All monuments set in pavements shall be set in standard-type monument boxes. Where new roads intersect existing roads, monuments may be placed on the center line of the new road at the right-of-way of the existing road.
B. 
Four monuments shall be set in each plan of 10 lots or fewer, and not fewer than six shall be set in each plan containing over 10 lots. Iron pins shall be set at the beginning and ending of all curves along road 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.
C. 
Monuments may be of the following types:
(1) 
Cut stone five inches by five inches by three feet with a drill hole in the center.
(2) 
Concrete five inches by five inches by three feet long with a one-half-inch round brass pin in the center.
Oversize and/or off-site extensions of utilities, pavements and other improvements shall be designed and constructed to facilitate the orderly development of nearby land which is an integral part of the neighborhood service or drainage area. Where the Planning Board has determined that improvements in excess of the size needed to serve the proposed subdivision are necessary, the subdivider shall install all improvements required to serve his subdivision plus the additional oversize and/or off-site improvements required. The subdivider may contract with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversize and/or off-site required improvements. Such improvements shall be available for connections by individual property owners and/or subdividers of adjoining land.
A. 
Preconstruction meeting and work schedule. A preconstruction meeting will be held with the Planning Board and the Town Board prior to the commencement of any project. At this time, the project will be discussed in regard to procedure, plans, materials, inspections, etc.
B. 
Construction inspections.
(1) 
Responsible official. Inspectors responsible for the inspection of all road and drainage improvements and for the inspection of all sanitary sewer and water systems shall be appointed by the Town Board.
(2) 
Authority and duties of inspectors.
(a) 
Inspectors shall be authorized to inspect any work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter or waive any requirements of the specifications or plans. He shall be authorized to call to the attention of the contractor any failure of the work materials to conform to the specifications and contract. He shall have the authority to reject materials which do not meet specification requirements or to suspend the portion of the work involved until any question at issue can be referred to and decided by the Town Engineer.
(b) 
Inspection during the installation of improvements shall be made by the inspector to ensure conformity with the approved plans and specifications, as in the subdivider's construction agreement.
(3) 
Final inspection. Upon completion of all the improvements, the subdivider shall request, in writing, a final inspection by the Town Engineer, who shall make a final inspection of streets and drainage improvements. The Town Engineer shall make a final inspection of all sanitary sewer and water systems that fall under his authority.
C. 
Construction responsibilities.
(1) 
Cooperation of subdivider and/or contractor. The subdivider and/or contractor shall have available on the project at all times two approved copies of all required plans and specifications. He shall cooperate with the inspector and with other contractors in every way possible.
(2) 
Repair of damage. Any damage done to the improvements by construction traffic, local traffic or by any other means shall be repaired or the damaged materials shall be replaced before the next item of construction is begun.
(3) 
Grade stakes. Pavement grade stakes shall be set at twenty-five-foot intervals on horizontal and vertical curves and for all grades less than 1%. Tangent pavement grades over 1% may be set at a maximum interval of 50 feet.
(4) 
Final cleaning up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the inspector.
(5) 
Maintenance of improvements on dedicated roads. The subdivider shall be responsible for the maintenance of the improvements during the construction period and shall be responsible for providing the services necessary to guarantee access to all occupied lots until final acceptance of the improvements by the Town Board. The subdivider shall be notified by the Town Board of the need for said maintenance or service. If the subdivider fails to perform such necessary maintenance or service within a time specified by the Town Engineer, the Town Engineer may perform said maintenance or service and may bill the subdivider for said service. Payment shall be guaranteed by the performance bond. In addition, the subdivider shall maintain all improvements for such periods specified as in § 98-32D, Maintenance guaranties.
All bonds and insurance required under this section shall be secured from companies authorized to transact business in the State of New York and shall be deposited and remain at all times with the Clerk of the Town of Cato.
A. 
Construction agreement.
(1) 
To assure construction and installation of improvements required by these regulations, the subdivider shall execute a construction agreement with the Town Board in form and substance as determined by the Town Engineer and approved by the town's legal counsel. This agreement shall provide that all such improvements shall be constructed and installed at the subdivider's expense in compliance with the standards for each of the various types of improvements; that such improvements shall be available to and for the benefit of the lands within the subdivision; and that such improvements will be completed and installed within one year of the date of conditional approval of the final plan as permitted according to § 98-12D(1) of this chapter. Any further provisions that the Town Board, on the advice of its legal counsel, may deem necessary in the public interest may be added.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
The construction agreement shall further provide that, in the case where approval of the final plan has been given before construction of improvements and a performance bond or guaranty has been provided and if the improvements are not completed within the specified time, the town, on proper notice, may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for the faithful performance of said works.
B. 
Commencement of improvements. No construction of any improvements or clearing, grubbing and grading shall be commenced prior to the approval of the construction agreement by the Town Board of the Town of Cato.
C. 
Performance guaranty or bond.
(1) 
Type of guaranty. The subdivider, in lieu of actual installation or completion of the required improvements when requesting conditional approval of a final plan, shall execute and file a construction agreement and cash bond or equivalent in accordance with § 98-12D(1) of this chapter.
(2) 
Term of guaranty. Guaranties shall be for a period of not longer than 12 months unless the Town Board extends the time period.
(3) 
Amount of guaranty or bond. The financial guaranty or bond shall be in an amount estimated by the Planning Board of the cost of construction of all improvements and approved by the Town Board.
D. 
Maintenance guaranties.
(1) 
A maintenance bond shall be posted with the Town Board in the amount of 10% of the cost of improvements and shall be arranged for a period of 18 months from date of acceptance of improvements by the Planning Board. The subdivider shall be responsible for routine maintenance of all improvements and shall repair all failures due to faulty construction as soon as they become apparent.
(2) 
He shall also make repairs due to erosion or abuse by utility companies and shall repair all failures for all other reasons during the maintenance guaranty period. The roads and other improvements shall be in a condition acceptable to the Town Board at the end of the maintenance period. If the subdivider fails to perform said maintenance to the complete satisfaction of the Town Board, the Town Board may use such cash maintenance guaranty at its discretion.
E. 
Liability insurance. The subdivider shall furnish such insurance as is deemed necessary by the Town Board, which shall indemnify and absolve the town from any and all liability arising by reason of the conditions which may arise or grow out of the construction or installation of such facilities. The insurance shall be of such duration as determined by the Town Board but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Clerk of the Town.
F. 
Title insurance. Evidence must be shown that title insurance in an amount of not less than $1,000 will be issued, insuring the title of the lands to be dedicated, as shown on the final plan.