The following minimum improvements may be required by the Planning Board to assure that all lots in subdivisions are adequately and properly served with streets, utilities, sanitation facilities which provide a healthy and safe environment and other safeguards to assure the property is properly identified, accessible to pedestrians and vehicles and protected against such dangers as flooding and erosion. Minimum improvements and construction standards required of all subdivisions shall be as set forth in this section and Article III. Where not set forth, they shall be in accordance with the prevailing standards as established by the Village Board of Trustees upon advice of the Planning Board and the proper authorities. Alternate improvement standards may be substituted if the Planning Board finds them equal or superior in performance characteristics to the specified improvements. Additional or more elaborate improvements may be required where the Planning Board believes it necessary to create conditions essential to the health, safety, and general welfare of the citizens of the Village of Naples or to avoid damage to the environment as a consequence of subdivision development.
A.
Monuments and markers.
(1)
Monuments shall be placed so that the scored or marked
point shall coincide exactly with the intersection of the lines to
be marked and shall be set so that the top of the monument or marker
is at or above ground.
(2)
Monuments shall be set at the intersection of all
lines forming angles in the boundary of the subdivision. Monuments
may be of the following three types:
(3)
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. Markers shall consist of galvanized
pipes 30 inches long and 3/4 inch in diameter.
B.
Streets.
(1)
Streets shall be constructed to provide adequate means
of access to each lot of a subdivision.
(2)
Street and alleys shall be graded, surfaced and improved
to the grades and dimensions shown on plans, profiles and cross sections
submitted by the subdivider and approved by the Planning Board and
Village Engineer.
C.
Public water supply. The subdivision shall be provided
with a complete water distribution system, including a connection
for each lot, vaults, valves and master meters, and appropriately
spaced fire hydrants.
D.
Storm sewers and drainage. Storm sewers and other
stormwater management improvements shall be installed when, in the
opinion of the Planning Board, they are deemed necessary to provide
adequate drainage for development of the subdivision and protection
of neighboring properties.
E.
Site and surface improvements. These improvements
are required to assure that the ecology of a subdivision site is not
disturbed adversely and that the subdivision serves the needs of residents
and presents an attractive appearance.
(1)
Erosion control. Erosion and sedimentation control
methods shall conform to the requirements contained herein:
(a)
During the development process, the developer
shall expose the smallest practical area of land at any one time.
Proper erosion control measures shall be in place prior to any area
being disturbed. Examples of normal erosion control are straw baling,
silt dams made of synthetic materials and siltation collection depressions.
[1]
The volume of topsoil moved during the course
of construction which must be stacked or stored at any one time shall
be kept to a minimum. The stacking or storage period shall be kept
as short as possible.
[2]
Removal, storage and redistribution of topsoil
should be consistent with the phasing of construction in order to
reduce the need for the storage of large volumes of soil over a lengthy
period. Soil shall be redistributed so as to cover all areas of the
subdivision adequately and shall be stabilized by seeding or planting
and/or mulching. Topsoil which is stored shall be stabilized by seeding
wherever possible; otherwise by straw, fiber mats, or such other materials
approved by the Village Engineer for the purpose of preventing erosion.
[3]
Topsoil may only be removed from the site with
the approval of the Planning Board.
(b)
Where establishment of permanent vegetative
cover is not practical, temporary vegetation and/or mulching shall
be provided to prevent erosion during construction.
(c)
Upon completion of the project, the subdivider
shall remove any hills or mounds of soil or spoils around the tract.
All surfaces must be restored within six months of the time of the
completion of the approved phase of the subdivision.
(d)
Upon completion of the project, the subdivider
shall not be permitted to leave any surface depressions which will
collect pools of water except as may be required for retention of
stormwater runoff.
(2)
Landscaping. Landscaping is the improvement of land
by contouring and planting vegetative ground cover and may include
the planting of decorative vegetation.
(a)
All lots which are disturbed during the course
of construction and which are not covered by structures or paving
shall be properly landscaped by the developer.
(b)
Individual homeowners, by written agreement
with the developer, subdivider or builder, may landscape their yards
independently so long as soil erosion and sedimentation control on
the site are not compromised thereby.
(c)
Additional landscaping may be required by the
Planning Board to screen or buffer the subdivision from a visually
incompatible use.
(3)
Street signs. Permanent street signs of the same type
and design in general use throughout the Village, showing the names
of intersecting streets, shall be erected at each intersection.
A.
Improvements to be provided by subdivider. In all
cases, the subdivider shall be responsible for the installation of
all required improvements.
B.
Method of providing improvements. No final plat shall
receive final approval until a surety has been made for the proper
installation of required improvements.
C.
Maintenance bond. Before final release of the surety,
the subdivider shall submit a maintenance bond in the amount of 10%
of the cost of improvements to guarantee maintenance and repair of
the required improvements in the subdivision for one year after the
construction thereof.
A.
Purpose. Surety may be required in order to assure
proper installation of facilities and utilities, whether or not offered
for dedication. Generally; the Village will require a letter of credit
or other acceptable surety to be filed with the Village prior to final
approval of the final plat.
B.
Review and recommendation. Prior to final approval
the developer may offer a proposed surety which indicates the estimated
cost of facilities offered for dedication and other improvements which
have been required by the Planning Board. The Village Engineer and
Village Attorney shall review the offered surety and advise the Planning
Board as to their findings regarding its adequacy. The Planning Board
shall then submit a resolution to the Village Board of Trustees regarding
the adequacy of the surety.
C.
Form of surety. To ensure completion the subdivider
shall post with the Village Board of Trustees surety in the form of
a certified check, bond, irrevocable letter of credit or other form
of guarantee approved by the Village Attorney. The amount shall be
equal to the full cost of installing the required improvements as
estimated by the Village Engineer.
D.
Approval of surety. When the Planning Board and Village
Board of Trustees are each satisfied with the form and value of the
proposed surety and the Village Board of Trustees is in receipt of
the surety documents, the Planning Board shall recommend that the
Village Board of Trustees accept the surety and submit it to the Village
Clerk. The Village Board of Trustees shall only authorize releases
from the surety upon the Planning Board's recommendation.
E.
Inspection. All improvements covered under a performance
surety must be inspected during construction. Costs of the required
inspections shall be estimated by the Village Engineer and will be
borne by the developer and shall be included in the initial value
of the surety.
(1)
The inspection procedure is designed to determine
compliance with the approved plans.
(2)
For inspection purposes, the contractor will notify
the Village when construction will be undertaken on proposed improvements.
Reasonable notice is required.
(3)
Inspections are the responsibility of the Village
Engineer, Water Superintendent, Highway Superintendent, Code Enforcement
Officer, or other Village officials or persons designated by the Village
Board of Trustees.
F.
Upon completion of all required improvements, the
Planning Board may recommend that the Village honor a request for
final release of funds.
(1)
Before a request for a final release is considered,
inspection of all required improvements by Village officials is required
to determine whether improvements have been properly completed. A
report of this inspection shall be submitted to the Planning Board
and the Board shall make a recommendation concerning a final release
to the Village Board of Trustees.
(2)
In cases of unusually large developments or in cases
where several contractors are involved in the construction of the
project, or other extraordinary circumstances, phased releases may
be requested by the developer. The Planning Board may recommend to
the Village Board of Trustees the manner of issuing the releases and
to whom the releases shall be issued.
G.
All releases under surety are subject to retainage
for contingencies in an amount to be determined by the Village Engineer.
Upon completion, the entire amount of the letter of credit, including
retainage, will be released upon the filing of a suitable form of
maintenance surety in the amount of 10% of the actual construction
costs incurred. The maintenance surety shall be held for a period
of one year following completion to assure correction of any work
that may be found to be defective.
A.
General. Improvements offered for dedication to the
Village Board of Trustees shall be complete with final inspections
and approvals from the appropriate Village officials.
B.
Record plans. Record plans and all testing results
shall be supplied to the Village. Record maps shall be prepared by
the design engineer. Four prints and a reproducible original (mylar)
shall be submitted to the Planning Board. The record map shall contain
the following information:
(1)
The locations and inverts of all storm sewers, water
mains and appurtenances;
(2)
The locations of all valves, catch basins and hydrants;
(3)
The location at the property line of each individual
lot of storm lateral and water service curb box;
(4)
Any other significant details affecting the operation
or maintenance of the system by the Village; and
(5)
The locations of all facilities shall be related or
tied to visible and fixed objects.
C.
Maintenance bonds. The submission and acceptance of
maintenance bonds for all newly constructed improvements offered to
the Village for dedication are mandatory. Maintenance bonds shall
be written by a surety licensed to do business in New York State and
they shall be in the amount of 10% of the final construction cost.
