Town of Pleasant Valley, NY Article VI Required Improvements and Agreements

§ 82-30 Completion of improvements or payment required.

Prior to an action by the Planning Board approving a final plat, the applicant shall be required to complete, in accordance with the Planning Board's decision and to the satisfaction of the appropriate Town departments, all the street and other improvements, including any required landscaping, specified in the action approving said plat or, as an alternative, to file with the Town Board a method of payment pursuant to § 82-31 in an amount estimated by the Planning Board to secure to the Town the satisfactory construction and installation of the incomplete portion of required improvements. All required improvements shall be made by the applicant at his/her expense without reimbursement by the Town or any district therein.

§ 82-31 Payment guarantee.

Alternatively, a provision of payment therefor in a form that shall be satisfactory to the Town Board as to form, sufficiency and manner of execution shall be provided to cover the full cost of the required improvements in § 82-30 above. A period of one year, or such other period as the Planning Board may determine appropriate, within which required improvements must be completed shall be specified by the Planning Board and expressed in the form of payment as required by the Town Board. The form of payment shall also provide that an amount determined adequate by the Planning Board shall be retained for a period of one year after the date of completion of the required improvements to assure their satisfactory condition.

§ 82-32 Required improvements.

A. Monuments. Monuments shall be placed at all block corners, angle points, points of curvature in streets and points of tangency or horizontal curves, and at intermediate points as required by the Town Engineer. However, in no case shall there be fewer than four permanent monuments per block. At least one monument in each subdivision shall be related to the United States Geological Survey system and shall bear the true elevation above sea level. In addition, markers shall be placed at all points when street lines intersect the plat boundary and at all lot corners. The monuments and markers shall be of such material, size and length as may be approved by the Town Engineer.

B. Water and sewerage facilities. Facilities for water and sewerage shall be provided in each new subdivision in accordance with the requirements of the appropriate agency having jurisdiction over the planning and installation of these in the area of the subdivision; however, the following minimum requirements of the Town shall be met:

(1) Central water supply systems shall be designed with adequate pressures, mains and fire hydrants to meet Association of Fire Underwriters' specifications for a Class B protected area.

(2) All water mains shall be at least six inches in diameter.

(3) Sanitary sewers shall not be used for stormwater drainage.

(4) The central sewerage system shall provide a four-inch minimum size connection to each lot.

C. Storm drainage facilities. The Town of Pleasant Valley must comply, and all subdivision, site plan and building permit applications must address or comply, with Phase II regulations according to the Department of Environmental Conservation (DEC). For questions about the Phase II regulations, contact the Dutchess County Soil and Water Conservation District office.

(1) Regulation. The New York State Department of Environmental Conservation (NYSDEC) regulates stormwater management practice installation under the State Pollutant Discharge Elimination System (SPDES). Contact the local Region 3 NYSDEC representative for the most current application and permitting information. The technical standards for stormwater practice design are in the New York Stormwater Management Design Manual.

(2) Drainage. The NYSDEC "Reducing the Impacts of Stormwater Runoff from New Development" should be consulted. A primary goal is to ensure that the peak rate of surface water flowing off site shall not increase above predevelopment conditions, and shall not adversely affect drainage on adjacent properties or public roads.

(3) General design.

(a) Preferred runoff pattern. Preferred design of streets and grading in relation to storm drainage shall be such that runoff from roofs, driveways and other impervious surfaces will be collected in the ditches and/or gutters along the street in short runs (300 feet or 400 feet) and will then be diverted from the surface into storm sewers or natural watercourses unless storm sewers are to be installed.

(b) Downstream disposal. Subdivision and development of an area increases and concentrates the runoff of stormwater from the area. Applicants are warned that such increase may cause flood or erosion damage to undeveloped properties lying downstream. Storm drainage channels opening on unimproved land shall empty directly into natural watercourses unless suitable agreement is reached with the owner of the downstream property for another method of handling. In any instance, the disposal of storm drainage downstream shall be satisfactory to the Planning Board, as advised by the Town Engineer.

(4) Open watercourses. The use of open watercourses for drainage may involve problems relating to safety, erosion control, stagnant water, protection of capacity and appearance, all of which shall be given adequate attention by the developer as follows:

(a) Safety. Broad, shallow courses shall be created wherever necessary to increase capacity or eliminate steep banks, except in those areas where natural conditions are such that erosion of banks will not occur. Ditches shall, wherever feasible, be in the shape of a wide-top "V" with rounded or squared invert.

(b) Erosion control. Adequate measure shall be taken to prevent erosion. The Planning Board shall require seeding, sodding, planting, riprap or such other measures as may be necessary to prevent scouring.

(c) Drainage. The developer shall avoid the creation or continuation of swampy areas or stagnant pools. The Planning Board shall require fill and/or channel improvements in order to forestall such problems.

(d) Protection of capacity. The developer shall provide adequate measures for the protection of open drainage channels by establishing drainage easements sufficiently wide (generally 20 feet) to enable the working of the channel by motorized equipment, or, alternately, where authorized by the Planning Board, a center block park of a minimum width of 50 feet. All easements shall prohibit the erection of structures, the dumping of fill or the alteration of obstruction of the watercourses without the written permission of the Town Board. Property lines shall be so drawn as to allow drainage easements along side and rear lot lines, except that drainage easements may be allowed to cross lots larger than one acre.

(e) Appearance. Any drainage created by the developer shall be improved and landscaped as directed by the Planning Board.

(5) Design of storm sewers.

(a) Size and grade. Storm sewers shall have a minimum diameter of 12 inches and a minimum grade of 0.5%.

(b) Manholes. Manholes shall not be more than 300 feet apart where pipe sizes of 24 inches or less are used, and not more than 540 feet apart where larger sizes are installed.

(c) Change in direction. Special sections with radii of 10 feet to 15 feet shall be installed where abrupt changes are made in alignment.

(6) Design of ditches and gutters.

(a) Length of flow. Subdivisions shall be so designed that the length of flow of water in a gutter or roadside ditch does not exceed 300 feet, except as permitted by the Planning Board. Runs exceeding the maximum shall be put in storm sewers or diverted to natural drainageways.

(b) Minimum grade. All enclosed drainage courses shall be designed with sufficient grade to create a water flow velocity of three feet per second. A lesser grade may be permitted by the Planning Board where such a grade cannot be achieved.

(c) Street crossing. Water in gutters and ditches shall not be allowed to flow over intersecting streets but shall be placed in adequate culverts.

(d) Depth and shape of ditches. Where roadside ditches are permitted for runs of more than 300 feet, or where subgrade drainage is necessary, the bottom of such ditch should be below the subgrade and, at a minimum, should be approximately 18 inches below the crown of the road. Ditches shall be V-shaped or parabolic with sides sloping at approximately one inch to three inches horizontal, except where another cross-section plan is authorized.

(7) Erosion control. Suitable headwalls, endwalls, ditch seeding or sodding and other procedures or devices to prevent erosion shall be used. Town soil and erosion control regulations should be referenced.

D. Street and other improvements.

(1) Streets shall be graded and improved with pavement, street signs, sidewalks, street lighting standards, curbs, gutters, trees, water mains, sanitary sewers, storm drains and fire hydrants, except where the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.

(2) Underground utilities required by the Planning Board shall be placed between the paved roadway and street line to simplify location and repair of the lines, and the subdivider shall install underground service connections to the property line of each lot before the street is paved.

(3) Pad-mounted transformers for underground electric service should be located outside the public right-of-way on private property on an easement provided by the subdivider. Sewer lines and water lines which will cross under buried electric cables should be installed before the trench is dug for wiring. Street lighting facilities compatible with proposed underground electric facilities shall be provided for at the time of initial construction.

(4) Grading and improvements shall conform to the Town minimum road specifications and shall be approved as to design and specifications by the Town Superintendent.

(5) All surfaces from the roadway to the property line shall be finish graded with an established ground cover of hardy grass or planted with ivy, myrtle, or other suitable ground cover in sufficient quantity to stabilize any slope present.

(6) In open lots, trees shall be planted along a line parallel to and five feet distant from the street right-of-way. At least one tree shall be planted per open lot. Trees shall be native to the area, tolerant to local conditions, not less than six feet in height, and appropriate to the setting. Taken into consideration will be the potential full-grown height to prevent interference with utility lines.

(7) A letter of credit, its amount to be approved by the Town Board with the recommendation of the Planning Board, may be required to ensure maintenance of required landscaping for a minimum of one year.

§ 82-33 Inspection.

The Town may employ an inspector to act as agent of the Planning Board for the purposes of assuring the satisfactory completion of improvements required by the Planning Board, and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay the Town costs of inspection before the subdivision plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved drawings, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.

§ 82-34 Public utilities.

The Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved plat.