Town of Corinth, NY Article IV Technical Standards

§ 112-12 Inspection of construction for major subdivisions.

A. The owner shall be responsible for notifying the town 48 hours prior to commencing any work. Such notification is required prior to each of the following phases of construction:

(1) Site clearing.

(2) Sanitary sewer installation.

(3) Storm sewer installation.

(4) Waterline installation.

(5) Subgrade preparation.

(6) Gravel installation.

(7) Asphalt binder course.

(8) Asphalt top course.

(9) Any special construction.

B. In addition, 48 hours notification will be required prior to resuming work if the contractor is absent from the site for more than seven days.

C. Various items of construction may be inspected and approved upon their completion, and the amount of the letter of credit may be reduced, provided that it does not become less than the amount required for the mandatory one-year maintenance bond. Inspection of the subdivision roads and utilities shall be completed by the town and or Town Engineer.

§ 112-13 Acceptance of municipal utilities and roadways.

A. Upon approval of the final submission and after construction of houses is substantially completed, the owner shall construct the street pavement wearing course in accordance with the final approval and the subdivision regulations at a time authorized by the town. Minor changes from the development map and plan/profiles, as required by conditions of the work site, may be allowed in the actual construction.

B. Upon completion of all municipal utilities and roadways to be dedicated to the town or other agency, a final inspection shall be held by the town. When construction has been approved, final plats and plan/profiles shall be corrected by the owner to show all construction as-built. The letter of credit or performance bond may be reduced by the town as construction progresses. It shall not be reduced to less than the amount determined for that construction which is still uncompleted, plus 20% of the amount determined for that construction which is completed and approved. It shall be kept in effect for one year after the acceptance for dedication, at which time the remaining balance shall be released upon approval by the town.

C. All highways to be dedicated to the town must be accepted by the Town Board no earlier than the first Town Board meeting in May and no later than the first Town Board meeting in November.

D. The following items are required by the applicant for dedication of highways to the Town of Corinth.

(1) One set of reproducible Mylars of the as-built drawings of the streets and utilities.

(2) A one-year maintenance bond or letter of credit.

(3) An offer of cession.

(4) An original and two copies of the proposed deed. The deed should state that the Town of Corinth is a municipal corporation, organized and existing by virtue of the laws of the State of New York. The first paragraph of the deed should state not only the date and title and preparer of the survey, but also the date of filing thereof in the County Clerk's office and the drawer number assigned thereto.

(5) An up-to-date abstract or title insurance policy in an amount determined by the town or its representative.

(6) Certification from the owner's engineer/architect/surveyor/etc., that all construction has been performed in accordance with the final plans.

E. As approved by the Planning Board, the above-mentioned items should be submitted to the Town Clerk's office in accordance with the above time schedule.

§ 112-14 Waivers and modifications.

A. Where the Planning Board finds that, because of unusual circumstances of shape, topography or other physical features of the proposed subdivision or because of the nature of adjacent developments extraordinary hardship may result from strict compliance with this chapter, it may waive certain requirements of this chapter so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent and purpose of this chapter or the ordinances of the town. In granting changes and modifications, the Planning Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so changed or modified.

B. The standards and requirements of this chapter may be modified by the Planning Board in the case of a plan and program for a complete community or other planned development which, in the judgment of the Planning Board, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the community when fully developed and populated and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan.

§ 112-15 General requirements for subdivision of land.

The owner shall observe the following general requirements and principles of land subdivision.

A. Streets.

(1) The arrangement, character, extent, width and location of all streets shall conform to the Master Plan and to the Official Map, if any, and shall be considered in their relation to other existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of land to be served and/or abutted by such streets.

(2) The arrangement of streets in a subdivision shall either:

(a) Provide for the continuation or appropriate projection of existing and/or proposed collector or arterial streets to surrounding areas; or

(b) Conform to a plan for the neighborhood approved or adopted by the Planning Board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable or undesirable.

(c) Conform to the guidelines established by the APA.

(3) Local streets should be so laid out that their use by through traffic may be discouraged.

(4) Where a subdivision abuts or contains an arterial street, the Planning Board may require marginal access streets, double frontage lots with screen planting contained in a nonaccess reservation along the rear property line or such other treatment as may be necessary for adequate protection of adjacent properties, afford separation of through and local traffic and to minimize direct access points onto arterial streets.

(5) Where a subdivision abuts or contains a railroad right-of-way or controlled access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land, such as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

(6) The Board may require that street names be approved by the Town Highway Superintendent or officials designated by the Town Board to avoid duplications or use of similarly sounding or spelled names.

(7) Public access shall be provided to streets, water plants, sewage treatment plants or to other land dedicated or to be dedicated to public use.

(8) Where a subdivision is traversed by a watercourse, there shall be a stormwater easement not less than 25 feet in width conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate to confine a design storm as specified in the subdivision storm drainage design standards. Parallel streets or parkways may be required in connection therewith to ensure that the road right-of-way abuts the drainage easement.

(9) No subdivision shall be built with a single access road exceeding 800 feet in length or serving 19 or more residential units. When a street is extended a distance greater than 800 feet beyond an intersection or will service 19 or more residential units, a second means of access must be provided to the end of the street. Generally, an intersection with a cross section which connects to another street within the subdivision is sufficient. In addition, a second means of access shall be provided for nonresidential development as deemed necessary by the Board.

(10) Any damage to an existing street occurring during the course of development of lands adjacent to the street shall be the responsibility of the owner of the subdivision that was the cause of such damage and shall be repaired to the satisfaction of the Town prior to the issuance of a certificate for use of utilities or a certificate of occupancy. If such damage occurs during the winter months, the owner shall post a cash escrow to cover the cost of said repairs. Said escrow agreement shall specify a date by when such repairs shall have been completed. If the repairs are not completed by the date specified, the town shall have the authority to use the escrow moneys to complete the repairs.

B. Blocks and lots.

(1) The lengths, widths and shapes of blocks and lots shall be determined with due regard to:

(a) Provision of adequate building sites suitable to the special needs of the type of use contemplated;

(b) Applicable town law, if any.

[Amended 12-5-1996 by L.L. No. 2-1996]

(c) Needs for convenient access, circulation, control and safety of street traffic;

(d) Limitations and opportunities of topography;

(e) Block length generally shall not exceed 2,000 feet, nor be less than 600 feet;

(f) Intersections with arterial streets generally should be held to a minimum and preferably spaced at least 500 feet apart;

(g) Need for pedestrian access, not less than 10 feet in width, property line to property line, which shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities; and

(h) Applicable regulations established by the APA.

(2) No residence shall be constructed in an area of a lot subject to flooding nor may it be constructed so as to increase the danger to life or property or aggravate the flood hazard.

(3) Whenever a flag lot is proposed, such lot shall have a driveway access strip with a minimum width of 20 feet fronting on a public road, which will provide access to the buildable portion of the lot in accordance with local rules. The flag lot shall be large enough to contain the minimum lot area required by applicable town law, if any, without including the area within the driveway access strip. Building setbacks shall be measured from the lot lines of the buildable portion of the lot. Buildings must comply with the zoning requirements for the particular zone.

[Amended 12-5-1996 by L.L. No. 2-1996; 4-8-2004 by L.L. No. 4-2004]

(4) Double frontage lots should be avoided, except where essential to provide separation of development from arterial streets or other disadvantageous uses or to overcome specific disadvantages of topography and orientation.

(5) Side lot lines shall be substantially at right angles or radial to street right-of-way lines.

(6) In case a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further subdivision.

C. Park land and open space.

(1) The owner shall offer to the town usable land equal in size to 5% of the owner's subdivided tract for major subdivisions only. This land shall be used by the town for parks, playgrounds or for other specific public recreational uses (to be defined as "park land") or may be left as passive open space (to be defined as "open space"), as deemed desirable by the town. The Board shall refer such offers to the Town Board for review and recommendations.

(2) If the Planning Board determines that the 5% area offered by the owner is not desirable, would not be useful for a public purpose or is otherwise not practical, the Board shall require as a condition to approval of the plat that the owner pay to the town a recreation fee per dwelling unit included in the plat, which sum shall constitute a trust fund to be used by the town exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. This fee shall be as set forth in the fee schedule in Appendix 1.[1] If the Board determines that only a portion of the 5% area offered by the owner is acceptable for public use, then the owner shall dedicate the acceptable land and pay a fee equal to the difference in the percentage of land offered with any improvements constructed by the developer at the Board's direction and at the Board's approval and the 5% required. Any funds required under this section shall be transferred to the town general fund and shall be administered pursuant to the above section.

[Amended 12-5-1996 by L.L. No. 2-1996]

[1] Editor's Note: Appendix 1, Subdivision Fee Schedule, is on file in the Town Clerk's office.

(3) The Planning Board may require that more than 5% of the subdivider's tract be offered to the town.

(4) In lieu of the above, the town may require that park land and/or open space be dedicated and maintained by the designated homeowners' association for the development.

D. Unique and scenic areas. Unique and scenic areas and those areas bordering streams, lakes or other watercourses may be given special consideration by the Planning Board, should they be desirable for public open spaces. Where such sites and open spaces are deemed essential by the Planning Board, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit developments, the Planning Board may recommend that the Town Board require the offering of reservation of areas in excess of the requirements set forth in Subsection C(1) and (2) of parkland and open space above. Under such conditions, a money payment at a fair market value determined at the time the application for approval of the final subdivision plat is made to the Planning Board shall be made to the owner to compensate his loss in excess of the 5% contribution. "Fair market value," for purpose of this subsection, shall mean the percent created by determining the amount of acreage taken as a percent of the total acreage proposed by the owner for subdivision. That percent so determined shall be applied against the total assessed value to determine the fair market value of the land taken (i.e., one acre of a ten-acre parcel equals 10% by $100,000 total assessed value equals $10,000 fair market value for a one acre parcel taken).

E. Utilities.

(1) It shall be the responsibility of the owner to provide waterlines, storm drains, sanitary sewers, bridges and street pavement to the limits of the subdivision. It shall also be the responsibility of the owner, at the direction of the Board, to provide appropriate streetlighting at the intersection of proposed streets with an existing arterial street. These facilities shall be constructed as required for inclusion in future town systems. Each owner shall be responsible for the complete construction, even though larger than normal sizes may be required.

(2) If individual lot water supply and sanitary waste disposal are proposed, the Board may require the owner to provide dry waterlines and sanitary sewers to the limits of the subdivision or the establishment of an escrow account for the purpose of serving the subdivision when these services become available. The facilities shall be constructed as required for inclusion in future town systems.

(3) If it will be necessary to construct utilities or do any improvements within the right-of-way of an existing town road, it will be the responsibility of the owner to apply for permission or a permit for construction of utilities from the Town Highway Department. It shall be the responsibility of the owner, following approval of the application, to comply with all conditions and restrictions set forth in the permit.

(4) It shall be the responsibility of the owner to provide all street signs (road name signs), stop signs and speed limit signs required by the Town prior to the dedication of any street to the town.

(5) Option to purchase.

(a) The owner shall grant or shall cause to be granted to the town for the sum of $10 an exclusive option, in a writing or writings in a form required for a deed to be recorded, to purchase, for the sum of $10, the waterlines, sanitary sewers and all appurtenances thereto installed or to be installed within the limits of the subdivision and all easements or rights-of-way incidental thereto within or without the limits of the subdivision.

(b) Each such option shall provide that it may be exercised at any time within 50 years after the date of the grant of such purchase option.

(c) No final subdivision approval may be granted until and unless such purchase option(s) shall have been granted.