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.
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.
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.
(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.