A.
Underground utilities. All electrical facilities extended
to furnish permanent electrical service to new residential buildings
within the Town of Greenfield, whether a minor or major subdivision,
must be installed underground and in accordance with the related laws
of New York State.
B.
Installation.
(1)
In the Town of Greenfield, it shall be the responsibility
of the subdivider to provide for the installation of all of the major
underground facilities which will be required to serve the subdivision.
The subdivider shall be responsible for installing all trunk lines
necessary to provide service to all of the lots in the subdivision,
including house sewer laterals and water services to street right-of-way
lines, in compliance with all of the regulations and standards specified
by New York State and the Public Service Commission.
(2)
The subdivider must submit a written statement as
part of the final plat submission indicating that the subdivider agrees
to pay for the cost of installing all underground trunk lines.
All major subdivisions shall make adequate provision
for common open space and recreation areas in the preliminary and
final subdivision plats. Such provisions shall be acceptable to the
Planning Board and shall be subject to the following minimum standards:
A.
Such open space areas shall be reasonably level, usable
open space.
B.
The open space and recreation area shall be conveniently
located so as to be easily accessible to all areas of the subdivision.
C.
Such space shall have a total required area equal
to but not more than 10% of the gross land areas of the subdivision.
This size standard may be reduced or waived, and cash in lieu of land
may be accepted by the Planning Board. Whenever the Board, in its
sole discretion, directs the payment of a sum of money to the Town
of Greenfield for recreational purposes, the applicant shall do so
in the amount and manner hereinafter set forth:
(1)
In the instance of payment, the Planning Board shall
require a payment of a sum of money to the Town of Greenfield as set
forth in the Fee Schedule,[1] except that a lot created to accommodate an existing dwelling
shall be exempt from this requirement. This payment shall be made
prior to the granting of final approval by the Planning Board.
(2)
All such cash deposits shall be made payable to the
Town of Greenfield by certified check, bank check or money order,
to be credited to a separate fund to be used for recreational purposes.
D.
The subdivider shall make provisions to clear and
develop the open space area or make it ready for development.
E.
Development and maintenance of the open space areas
may be accomplished by any one of the following methods:
(1)
The subdivider may develop the open space area and
maintain it.
(2)
The subdivider may develop a deed for the open space
area which specifically limits the use of the parcel to park, recreation
and open space uses. He may:
(a)
Prepare a written statement to be submitted
as part of the preliminary plat, describing how he intends to establish
a homeowners' association in his subdivision which will assume the
ownership of the land and assume the responsibility of development,
maintenance and legal liability. The plan for developing such an association
must be acceptable to the Planning Board.
(b)
Transfer the deed of the open space area to
the Town or to an approved conservation agency or corporation (with
provisions limiting its use exclusively to preserve land, open space,
park or Town recreation). If the Town accepts the deed to the property,
it shall assume the responsibility of developing and maintaining the
open space area.
A.
The following public improvements will be required
except where the Planning Board finds that, due to the circumstances
of a particular plat, the provision of certain required improvements
is not requisite in the interest of the public health, safety or general
welfare or is inappropriate because of inadequacy or lack of connecting
facilities adjacent or in proximity to the proposed subdivision, in
which case the Planning Board may waive such requirements:
B.
The cost of any required public improvements shall
be paid by the subdivider.
D.
Building permits may not be issued unless the subdivision
roads are complete, with the exception of the wearing surface (asphalt
concrete).
[Added 2-8-1996 by L.L. No. 1-1996]
E.
Roadway and infrastructure construction and dedication procedure.
The roadway and infrastructure dedication process begins at the time
that the Town Planning Board takes final action on a subdivision application
(granting of final subdivision approval) that involves construction
of a new Town road and/or infrastructure.
[Added 10-10-2019 by L.L.
No. 2-2019]
(1)
The
following shall be required after the Planning Board grants final
subdivision approval and before the Planning Board Chairperson stamps
and signs the approved subdivision plans:
(a)
The developer/owner shall provide documentation verifying that project
approval has been received from all applicable reviewing agencies,
including the:
[1]
New York State Department of Health;
[2]
New York State Department of Transportation;
[3]
New York State Department of Environmental Conservation;
[4]
United States Army Corp of Engineers; and
[5]
Saratoga County Department of Public Works.
|
Copies of these approval documents should be provided to both
the Town of Greenfield Planning Department and the Town Engineer.
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(b)
The developer/owner shall pay any outstanding Town fees, including
engineering and/or escrow legal and/or review fees.
(c)
The developer/owner shall provide proof of financial security acceptance by the Town Board pursuant to Town Code § 90-18B(4).
(d)
Upon receipt of the items listed above, the Town Engineer shall prepare
a final sign-off letter to the Planning Board Chairperson verifying
the status of project documents to be relied upon by the Chairperson
in officially signing and stamping the subdivision plans.
(2)
The following steps must occur prior to any site disturbance or initiation
of roadway construction:
(a)
The developer/owner shall provide a minimum of four complete
sets of final stamped drawings, including the stormwater pollution
prevention plan (SWPPP). These documents shall be provided to the
Highway Superintendent, Town Planning Board, Town Engineer and the
developer/owner's contractor. The final stamped drawings are the only
documents that should be used during construction.
(b)
The developer/owner shall provide a copy of the acknowledgment
of notice of intent for coverage under SPDES General Permit for Stormwater
Discharges from Construction Activity, General Permit No. GP-015-002,
issued by NYSDEC.
(c)
The developer/owner shall arrange a preconstruction meeting
with the Highway Superintendent, Town Engineer, the contractor performing
the roadway construction, the developer's/owner's engineer and the
developer's/owner's SWPPP inspector. The developer's/owner's SWPPP
inspector is the person who will be responsible for SWPPP inspections
and weekly reports throughout the duration of the project and until
a notice of termination (NOT) is obtained by the developer/owner from
NYSDEC. Copies of the SWPPP inspections and weekly reports shall be
provided to the Town's MS4 Stormwater Management Officer and Code
Enforcement Officer, and all associated costs shall be borne by the
developer/owner.
(d)
The developer/owner shall provide a road and utilities construction
time schedule to the Town Engineer and the Town Highway Superintendent.
The road and utilities construction time schedule will be used by
the Town Engineer to determine the amount of engineering escrow to
be posted by developer/owner to cover required inspections of the
road and utilities installation. Deviations from the schedule may
result in additional inspection costs that the developer/owner shall
be required to post.
(e)
Upon completion of road, utilities and stormwater management
facilities, the developer/owner shall provide a copy of the NOT to
the Highway Superintendent and Town Engineer. The developer/owner
may then request final inspection and release of the financial security
minus the required one-year maintenance amount.
(f)
Prior to final road dedication, all easements, right-of-way
descriptions, as-built drawings and any other restrictive covenants
or legal documents must be submitted and reviewed by both the Town
Engineer and Town Counsel.
(g)
In no case shall the Town accept the dedication of roads and/or
utilities until full completion and stabilization has occurred and
the NOT from the NYSDEC has been obtained.
(3)
The road and utility construction procedure outlined above can be
used as a checklist to ensure that all of the items identified are
completed throughout the planning, construction and acceptance stages
of the project.
(4)
The following additional requirements are to be met prior to consideration
of public improvements for dedication for projects approved and constructed
in phases:
[Added 10-8-2020 by L.L.
No. 2-2020]
(a)
Compliance with all items described in Subsection E(1) and (2), and the following additional modifications/revisions:
[1]
Prior to dedication of a project phase, a new performance bond (§ 90-18) for the subsequent phase shall be presented, reviewed by the Town Engineer and Town Counsel and approved by the Town Board;
[2]
The new bond for the subsequent phase shall include a line item to
cover the costs of an additional wearing course of asphalt in the
previous phase(s) if deemed necessary at the time of subsequent project
phase dedication due to condition, as assessed by the Town Highway
Superintendent and the Town Engineer;
[3]
A revised stormwater pollution prevention plan and notice of intent
shall be presented to and reviewed by the Town Engineer and MS4 Compliance
Officer/Highway Superintendent and approved. The revised documents
shall include any areas within previous phase(s) of development that
have not been completed (e.g., individual house lots);
[4]
Any temporary provisions (e.g., hammerhead turnarounds) shall be completely installed and paved. The developer shall be responsible for the removal and restoration of these areas to the satisfaction of the Highway Superintendent upon completion of the subsequent phase. The new performance bond described in Subsection E(4)(a)[1] above shall include a line item to cover the costs of removal/restoration of such provisions.
A.
Purpose. The Planning Board shall require a subdivider
to post a performance bond, letter of credit or other security (hereafter
referred to as a "performance bond" or "bond"). A bond posted by the
subdivider guarantees to the Town that the required public improvements
and utilities, which are an integral part of the final plat, will
be constructed and that a construction deadline has been set.
[Amended 2-8-1996 by L.L. No. 1-1996]
B.
Procedure.
(1)
A performance bond estimate shall be prepared by a
licensed professional engineer retained by the developer and approved
by the Town Engineer or a professional engineer retained by the Town
for such a review. The Planning Board shall pass a resolution either
approving or adjusting the performance bond estimate and shall provide
copies, signed by the Chairman, for use by the subdivider in obtaining
and posting a bond.
[Amended 2-8-1996 by L.L. No. 1-1996]
(2)
The subdivider shall present his performance bond,
with signed copies of the performance bond estimate attached, to the
Town Attorney at least one week prior to any Town Board meeting for
approval as to form and sufficiency by the Town Board.
(3)
The Town Attorney shall notify the Town Clerk prior
to the Board meeting that the performance bond can be added to the
agenda.
(4)
The Town Board shall either approve or disapprove
the performance bond as presented by the Attorney. If the performance
bond is approved, one copy shall be forwarded to the Town Clerk for
recording and one copy shall be forwarded to the Planning Board along
with the Town Board resolution.
(5)
The Chairman of the Planning Board shall receive the
approval of the performance bond by the Town Board prior to signing
the final plat.
(6)
Reduction of bond; plans; report on condition of work.
[Amended 2-8-1996 by L.L. No. 1-1996]
(a)
As construction progresses, the subdivider may
choose to request to have the performance bond amount reduced in an
amount commensurate with the amount of work completed. The procedure
to request such reductions is for the subdivider's professional engineer
to submit a revised estimate and request that the letter of credit
or performance bond be reduced by the Town. The Town Engineer shall
review the revised estimate and confirm the amount of work completed
and make a recommendation to the Town Board to either reduce the amount
as requested, reduce the bond to a different amount or hold the present
amount of the bond.
(b)
Upon completing the construction of the public
improvements covered by the performance bond and prior to termination
of the bond period, the subdivider shall prepare a set of the approved
public utility and utility plans and profiles, amended to indicate
as-built information, and shall apply to the Town Engineer for an
inspection of the work.
(c)
The Town Engineer shall report to the Town Board
on the condition of the work and recommend that the performance bond
be released, extended or declared in default. The Town Board may act
on the release of, extension at or default on the performance bond.
The subdivision performance bond may be released with the exception
of a minimum amount of 20% of the value of the construction which
has been completed and approved by the Town Engineer, which shall
be kept in effect for one year.
(7)
After one year the Town Engineer shall complete a
final inspection. The Town Engineer shall report to the Town Board
on the condition of the work and recommend that the performance bond
be released, extended or declared in default. The Town Board may act
on the release of, extension of or default on the performance bond.
[Amended 2-8-1996 by L.L. No. 1-1996]
C.
Term.
(1)
A period of one year (or such other period as the
Planning Board may determine appropriate, not to exceed three years)
shall be set forth in the bond, within which required improvements
must be completed. The term of such performance bond may be extended
by the Planning Board with the consent of the parties thereto.
(2)
Any such bond shall comply with the requirements of
§ 277 of the Town Law and, further, be satisfactory to the
Town Board and the Town Attorney as to form, sufficiency, manner of
execution and surety.
The following standards apply to both major and minor subdivisions as defined in § 90-3 of these regulations:
A.
Land use standards.
(2)
Subdivision designs shall indicate consideration for
suitable protection of different types of land uses and the segregation
of vehicular and pedestrian traffic incompatible with particular uses.
(3)
It is desirable that sites be provided for public
and semipublic land use, such as schools, firehouses, churches, etc.
(4)
Subdivision design shall preserve, insofar as is possible,
the natural features, terrain and drainage of the land to be developed.
(5)
Land subject to flooding shall not be platted for
residential occupancy nor for such other uses as may increase danger
to life or property or aggravate the flood hazard.
B.
Street design. (Also see Appendix A[3] for guideline construction specifications.)
(1)
The arrangement, character, extent, width, grade and
location of all streets 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)
Streets in a subdivision shall:
(a)
Provide for the continuation or appropriate
projection of existing streets in 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 of or conformance
with existing streets impractical.
(3)
Local streets shall be so laid out that their use
by through traffic will be discouraged.
(4)
Where a subdivision borders on or contains a railroad
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 as for park purposes
in appropriate districts. Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
(5)
Reserve strips controlling access to streets, water
plants or sewage treatment plants or other land dedicated to public
use shall be prohibited except where their control is definitely placed
in the Town under conditions approved by the Planning Board.
(6)
Street jogs with center-line offsets of less than
125 feet shall be avoided, except in exceptional cases approved by
the Planning Board.
(7)
Property lines at street intersections shall be rounded
with a radius of 25 feet or with a greater radius where the Planning
Board may deem it necessary. The Planning Board may permit comparable
cutoffs or chords in place of rounded corners.
(8)
Curb radii at intersections shall not be less than
20 feet.
(9)
Half streets shall be prohibited except where essential
to the reasonable development of the subdivision in conformity with
the other requirements of these regulations, and where the Planning
Board finds that it will be practical to require the dedication of
the other half when the adjoining property is submitted, the other
half of the street shall be platted within such tract. A temporary
cul-de-sac sufficient to meet the needs of highway maintenance equipment
shall be provided at the end of any half street. Said cul-de-sac will
meet required dimensions as specified by the Town Highway Superintendent.
(10)
Dead-end streets shall be no longer than 1,500 feet
and shall be provided at the closed end with a cul-de-sac turnaround
having an outside roadway diameter of at least 210 feet or as acceptable
to the Planning Board.
[Amended 5-8-2008 by L.L. No. 1-2008]
(11)
Block lengths shall not exceed 1,200 feet nor be less
than 400 feet. Block widths shall not be less than 250 feet.
(12)
All local streets, designed and so designated by the
Planning Board, shall have a minimum right-of-way of 60 feet. The
drive strip of said local streets shall have a minimum width of 27
feet where curbs are installed. The Planning Board may, at the request
of the developer, approve a rural road section[4] in lieu of the curbed roadway. The use of a rural road
section requires approval from the Highway Superintendent and the
Town Engineer.
[Amended 2-8-1996 by L.L. No. 1-1996]
[4]
Editor's Note: The Rural Road Section diagram
is located at the end of this chapter.
(13)
All primary and secondary streets shall have a minimum
right-of-way width of 60 feet unless otherwise approved by the Town
Board and Planning Board on a case-by-case basis. The drive strip
shall have a minimum pavement width of 27 feet. The amount of right-of-way
to be cleared shall be approved by the Highway Superintendent and
the Town Engineer.
(14)
All streets designated by the Planning Board as primary
streets shall have a minimum right-of-way width and a minimum drive
strip width as specified by the Planning Board after a thorough study
of the potential future use, traffic volume and area development has
been made.
(15)
Special treatment along primary and secondary streets.
When a subdivision abuts or contains an existing or proposed primary
or secondary street, the Planning Board may require marginal access
streets, reverse frontage with screen planting contained in a nonaccess
reservation along the rear property line, deep lots with rear service
alleys or such other treatment as may be necessary for adequate protection
of residential properties and to afford separation of through and
local traffic.
(17)
Pedestrian circulation. Pedestrian crosswalks with
a right-of-way of not less than 10 feet wide shall be required where
deemed essential to provide circulation or access to schools, playgrounds
and other community facilities. Five-foot sidewalks may be required
by the Planning Board.
[3]
Editor's Note: Appendix A is included at the
end of this chapter.
C.
Culverts shall be at least 18 inches in diameter under
any paved surface.
D.
Drainage improvements.
(1)
Removal of spring- and surface water. The subdivider
may be required by the Planning Board to carry away by pipe or open
ditch any spring- or surface water that may exist either previous
to or as a result of the subdivision. Such drainage facilities shall
be located in the street right-of-way, where feasible, or in perpetual
unobstructed easements of appropriate width.
(2)
Drainage structure to accommodate potential development
upstream. A culvert or other drainage facility shall, in each case,
be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the subdivision. The Town
Engineer shall approve the design and size of the facility based on
anticipated runoff from a ten-year storm under conditions of total
potential development permitted by the Zoning Law[5] in the watershed. This requirement shall in no way be deemed as satisfying the requirements of § 90-23 of this regulation.
(3)
Responsibility for drainage downstream. The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. This study shall comply with the requirements of § 90-23 and shall be reviewed by the Town Engineer. If it is determined that development of the subdivision will overload an existing downstream drainage facility, the Planning Board shall notify the Town Board and applicant of such potential condition. In such case, the Planning Board shall not approve the subdivision until such provision has been made for the improvement of said condition.
(4)
Dewatering. Should dewatering of a site be proposed
by the subdivider for any purpose, the subdivider's engineer shall
also study the effect of said dewatering on the existing downstream
drainage facilities outside the area of the subdivision. This study
shall be reviewed by the Town Engineer. Where it is anticipated that
the additional discharge of water from the dewatering operation incident
to the development of the subdivision could overload an existing downstream
drainage facility, discharge runoff on adjacent lands in excess of
existing conditions and/or increase the potential for flooding of
downstream areas, the Planning Board shall notify the Town Board and
applicant of such potential conditions. In such case, the Planning
Board shall not approve the subdivision until such provision has been
made for the mitigation of said condition.
E.
Erosion control. Prior to approval of any subdivision
by the Planning Board, identification of proposed erosion control
measures are to be outlined which meet or exceed the following requirements:
(1)
Construction of required improvements shall minimize
cut-and-fill operations. If it is determined, after review by the
Town Engineer, that construction of required improvements could be
supported with less alteration of the natural terrain, the Planning
Board shall not approve the subdivision until such provision has been
made for the improvement of said condition.
(2)
During development and construction of required improvements,
adequate protective measures shall be provided to minimize damage
from surface water to the cut face of excavations or the sloping surfaces
of fills. Such measures may include, but are not limited to, erosion
control fabric, siltation fences, hay bale barriers, terracing, riprap,
mulching, vegetative strips, etc.
(3)
Fills shall not encroach upon natural watercourses
or their floodplains in any manner which may adversely affect their
natural capacity to transfer water, accommodate floodwaters and or
provide habitat for plant and wildlife.
(4)
Development of land is to take place in increments
of workable size which can be completed during a single construction
season. Erosion and sediment control measures are to be coordinated
with the sequence of grading, developing and construction operations.
Control measures, including but not limited to hydroseeding, berms,
interceptor ditches, terraces, and sediment traps, are to be placed
into effect prior to the commencement of each increment of the development/construction
process.
(5)
Sediment basins (debris basins, desilting basins or silt traps) are to be installed in conjunction with the initial grading operations and maintained through the development process to remove sediment from runoff waters draining from land undergoing development. Said basins are to be reclaimed after construction and may be used in conjunction with other stormwater management practices to meet the requirements of § 90-23.
(6)
Existing trees are not to be cut or otherwise damaged
or destroyed within portions of property to be used for required open
space, setback or buffer requirements. Site development is to be accomplished
so that significant stands of trees are preserved to the maximum extent
practical.
(7)
Removal and damage to vegetation along stream banks shall be minimized such that all living trees are retained within any flood zone or wetland and within 15 feet on each bank of any stream. Exceptions to this may include road and utility rights-of-way, stream crossings, stream retention ponds and related drainage improvements meeting the requirements of § 90-23 of this regulation.
(8)
In cases where retention of natural trees and other
vegetation would create unusual hardship or development problems in
open space, setback and buffer areas, planted trees and other vegetation
may be required. The Planning Board shall determine when such hardship
or development problem exists and may designate that certain areas
be replanted in lieu of preserving existing trees and other vegetation.
(9)
No paving with impervious materials will be allowed
within the tree crown (dripline) of trees to be preserved.
(10)
Soil and other materials are not to be temporarily
or permanently stored in locations which would cause suffocation of
root systems of trees to be preserved. To this extent, all stockpile
areas are to be shown on subdivision plates in relation to all trees
and tree masses to be preserved.
(11)
Revegetation of disturbed areas shall be installed
as soon as utilities and other site improvements are in place and
final grades are achieved.
(12)
Pavement of streets, parking areas, sidewalks and
other impervious surfaces is to be completed within 30 days after
final grading and removal of surface vegetation.
Whereas the Planning Board is empowered to modify
certain provisions of the Zoning Law[1] in accordance with the provisions of § 281 of
the Town Law (that is, the minimum lot area requirements of the law)
for the purpose of enabling and encouraging flexibility of design
and development of land in such a manner as to promote the most appropriate
use of land, to facilitate the adequate and economic use of streets
and utilities and to preserve the natural and scenic qualities of
open lands, the following shall be the procedures and standards:
A.
Applicability.
(2)
Request by subdivider. A subdivider may request the use of this section simultaneously with or subsequent to presentation of a preliminary plat. In the event of a request by the subdivider, two preliminary plats, meeting the requirements described in Article III, § 90-13, shall be presented simultaneously for Planning Board review, or, in lieu of two preliminary plats, the subdivider may present two sketch plans as provided for in Article III, § 90-12, prior to preliminary plat submission, for concept review by the Planning Board. Any subdivider presenting a sketch plan for concept review must, subsequently, formally apply for preliminary and final plat review as described in Article III, §§ 90-13 and 90-14.
(3)
Application required by the Planning Board. The Planning Board, in accordance with § 105-122 of the Greenfield Town Zoning Law,[3] may require that application be made in accordance with § 90-20 of this regulation simultaneously or subsequent to presentation of a preliminary plat. Two preliminary plats meeting the requirements described in Article III, § 90-13, shall be presented simultaneously for Planning Board review. At the discretion of the subdivider, two sketch plans as described in Article III, § 90-12, may be submitted in lieu of two preliminary plats for concept review by the Planning Board. Any subdivider presenting a sketch plan for concept review must, subsequently, formally apply for preliminary and final plat review as described in Article III, §§ 90-13 and 90-14.
B.
Procedures.
(1)
Preliminary plat/optional sketch plan. A complete
application under this section shall include a preliminary plat or
optional sketch plan of a cluster development form in accordance with
the provisions of this section and a standard subdivision layout which
is consistent with all the criteria established by these subdivision
regulations, including but not limited to streets being consistent
with the street specifications[4] and lots being consistent with the Zoning Law.[5]
(2)
Determination. Determination on voluntary or required applications under this part shall be made by the Planning Board based on the preliminary plat or optional sketch plan and other information required by this chapter and other Town law, in accordance with the criteria presented in § 105-122 of the Zoning Law.[6]
(3)
Plat submission. Upon a determination by the Planning
Board that such preliminary plat or optional sketch plan is suitable
for the use of this section, one preliminary plat meeting all of the
requirements of such a determination shall be presented to the Planning
Board, and thereafter the Planning Board shall proceed with the required
public hearings and all other requirements of these regulations.
(4)
Local filing and notation on Official Zoning Map.
Any subdivision plat finally approved which involves modifications
as provided for in this section shall be filed with the Town Clerk,
who shall make appropriate notation and reference thereto on the Official
Zoning Map.[7]
[7]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
C.
Standards.
(1)
(2)
No subdivision shall be approved by the Planning Board
pursuant to this section which shall not reasonably safeguard the
appropriate use of adjoining land or which shall not be consistent
with the purposes and intent of the Town Zoning Law[10] or the policy of these regulations.
(3)
In the event that the implementation of this section
results in a plat showing lands available for park, recreation or
other municipal purposes directly related to the plat or in a plat
showing land to be retained in open space in order to comply with
the average density of lots or dwelling units greater than is permitted
in the zoning district wherein such lands lie, then the Planning Board,
as a condition of plat approval, may establish, in the case of lands
for park, recreation or other municipal purpose, such conditions on
the ownership, use and maintenance of such lands as it deems necessary
to assure the preservation of such lands for their intended purposes
and may further, in the case of lands to be retained in open space,
require that such lands be restricted by deed restriction, restrictive
covenant, conveyance of a scenic easement or conservation restriction
to the Town or other appropriate means against any development or
land use inconsistent with their retention in open space.
All subdivisions of land within the Adirondack
Park within the Town of Greenfield shall be subject to the review,
approval and permit system of the Adirondack Park Agency. All such
subdivisions shall also be subject to the rules and requirements of
these regulations as well as any local zoning requirements[1] that may be in effect.
A.
In areas where permanent improvements are to be located
in or on land that is not or will not be publicly owned, permanent
easements shall be required.
(1)
Said easements shall have a minimum width of 50 feet.
(2)
Said easements shall provide usable access to a public
way.
(3)
Said easements shall be reviewed and approved by the
Town Attorney and New York State Attorney General as required.
(4)
Easements can be released only at the discretion of
the Town Board.
B.
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose. In no case shall the
drainage easement be less than 20 feet in width.
[Amended 2-8-1996 by L.L. No. 1-1996]
The following stormwater management requirements
are modeled after the New York State Department of Environmental Conservation,
Division of Water, Technical and Operations Guidance Series 95.1.8,
Stormwater Management Guidelines for New Development. A stormwater
management plan must be submitted prior to the Planning Board taking
any action on any major subdivision and or any development of land
specified elsewhere in the Code of the Town of Greenfield, New York.
In addition to the following requirements, all applicants must comply
with the Federal Stormwater Regulations.
A.
Flood control requirements. The following requirements
are to be followed to ensure that stormwater runoff is safely conveyed
through and beyond a development site during and after construction.
Also, through peak flow attenuation, the requirements are to be used
to facilitate the control of stormwater runoff so as to minimize or
alleviate flooding and stream bank erosion associated with land development
and urbanization. The requirements are as follows:
(1)
Peak flow attenuation.
(a)
The release of stormwater runoff from development
should not exceed predevelopment (natural) conditions. To accomplish
this, stormwater runoff is to be controlled so that during and after
development, the site will generate no greater peak than prior to
development for a two- , ten- , and one-hundred-year twenty-four-hour
storm considered individually.
[1]
Attenuation of the two-year storm is intended
to achieve stream channel erosion control.
[2]
Attenuation of the ten-year storm is intended
to assure the adequacy of existing and proposed culverts and storm
drain systems.
[3]
Attenuation of the one-hundred-year storm is
intended to reduce the rate of runoff from development to prevent
expansion of the one-hundred-year floodplain so as to alleviate flooding
of improved properties and roadways.
(b)
It is not necessary that peak flow attenuation
requirements be satisfied only by means of detention basins. For example,
infiltration trenches, dry wells or stone reservoirs underneath paving
may be used for the purpose of attenuating peak flows for smaller
storms with appropriate consideration for length of life of the stormwater
facility and feasibility of maintenance.
(c)
Where dams are to be constructed for attenuating
peak flows, approval may have to be obtained from the Department of
Environmental Conservation pursuant to Article 15, § 15-0503,
of the Environmental Conservation Law.
(2)
One-hundred-year floodplains.
(a)
Encroachment into any area of special flood hazard shall be allowed only in compliance with Chapter 57, Flood Damage Prevention, of the Code of the Town of Greenfield, New York.
(b)
A one-hundred-foot buffer (building restriction
line) is required between the flood hazard area and any structure
as a safety factor to allow for inaccuracy in boundary determination.
Pursuant to Article 24 of the Environmental Conservation Law, a one-hundred-foot
buffer is also required around any protected wetland.
(c)
The stormwater management plan for all developments
of five or more acres or containing five or more dwelling units located
wholly or partially within a one-hundred-year floodplain, where flood
elevation data are not available through the National Flood Insurance
Program, must include a study to determine one-hundred-year-floodplain
elevations in accordance with TR-20, HEC-2 or other standard engineering
methods. Such elevation data shall be used to regulate floodplain
encroachments in accordance with the National Flood Insurance Program.
The one-hundred-year-floodplain elevation and the building restriction
line shall be shown on the subdivision plat.
(3)
Runoff conveyance systems.
(a)
Priority shall be given to maintaining natural
drainage systems, including perennial and intermittent streams, swales
and drainage ditches in an open condition.
(b)
Where closed storm drain systems (i.e., those
involving a culvert or similar conduit) are deemed essential, justification
should be made as to why it is necessary to have a closed system.
When justified, the closed system should be designed to:
[1]
Convey the ten-year storm flow within the closed
storm drain system; and
[2]
Provide for safe overland conveyance of flow
of the one-hundred-year storm through the development (generally over
the top of the closed storm drain system). All overland flow conveyance
structures are to be at least one foot above the one-hundred-year-floodplain
elevation and the outfalls of such conveyances are to be stabilized
with riprap or other suitable material to reduce erosion.
(c)
Any alteration to a stream, a stream bed or
the banks thereof, including the installation of stormwater conveyance
systems, will require an Article 15 protection of water permit and
may require an Article 24 freshwater wetlands permit administered
through the New York State Department of Environmental Conservation.
When stream protection measures are mandated on a protected stream,
a fisheries habitat technician should be involved with the planning
and design of such measures.
(d)
Any culvert or stormwater structure placed in
a stream shall not impede fish migration.
(4)
Stream corridor management.
(a)
Consistent with the state's Stream Corridor
Management Program, land clearing and land grading within a stream
corridor shall be avoided or minimized, except at stream crossings,
so that stream and drainage courses remain in a natural state.[1]
[1]
Editor's Note: See New York State Department
of Environmental Conservation Stream Corridor Management: A Basic
Reference Manual, Albany, 1986.
(b)
Care should be exercised to ensure that riparian
vegetation, including grasses, shrubs and trees in the stream corridor
or along the watercourse, remain undisturbed during land clearing,
land grading and land development.
B.
Water quality management requirements. The following requirements are to be used in conjunction with the flood control requirements outlined in Subsection A to protect water quality from runoff associated with land clearing, land grading and construction activities. The requirements must be presented by the subdivider in the form of a stormwater management plan (SMP). These requirements apply to all land areas where soil permeability has been and/or will be changed as a result of land clearing, land grading and land development.
(1)
Control of first flush. Control of the first flush
is a priority in stormwater management as most runoff-related water
quality contaminants are transported from land, particularly impervious
surfaces, during the initial stages of a storm event. Regardless of
whether infiltration, retention or extended detention practices are
used to capture the first flush, the required control shall accommodate
the following: provide for control of the first 1/2 inch of runoff
from all land areas for which the surface porosity has been or will
be changed from predevelopment (natural) conditions due to land clearing,
land grading and land development.[2]
[2]
Editor's Note: In addition to paved surface
areas and areas covered by roofed structures, the contributory area
for which the first 1/2 inch of runoff is to be controlled includes
lawn and similarly landscaped surfaces.
(2)
Control of thermal discharges. Control of thermal
energy in stormwater runoff in watersheds having streams which support
cold water fisheries is essential. Impervious surfaces, including
asphalt parking areas and roofs, store large quantities of heat during
hot weather. The heat from such surfaces is released to stormwater
through conduction during storm events. Stormwater runoff having elevated
temperatures can, in turn, increase stream temperatures during storm
events and adversely impact cold water fisheries. Accordingly, stormwater
discharges are to be consistent with the thermal criteria found in
Part 704 of the Water Quality Regulations, Title 6, Chapter X, New
York State Codes, Rules and Regulations.
(3)
Hierarchy of methods for managing stormwater quality.
(Also see Appendix B, Design Guidelines for Controlling the First
1/2 Inch of Runoff.[3]) The following stormwater management systems, summarized
in descending order of preference, are to be used to control the first
flush when designing stormwater facilities. The practices are (a)
infiltration, (b) retention and (c) extended detention. When a stream
supporting a cold-water fishery is the object of protection, extended
detention should be placed ahead of retention in the hierarchy. A
combination of these practices, including stormwater management adjuncts
[(d) in the hierarchy], may be used to achieve first flush control
objectives. Justification for the rejection of practices listed as
having a higher priority must be provided prior to acceptance of a
stormwater management plan by the Planning Board.
(a)
Infiltration. Infiltration of runoff on-site
by use of vegetated depressions and buffer areas, pervious surfaces,
dry wells, infiltration basins and trenches permits immediate recharge
of groundwater and aids quality treatment through soil filtration.
This practice eliminates or minimizes direct stormwater discharges
to a water body and provides thermal benefits to cold-water fisheries.
(b)
Retention. Retention by use of wet ponds and
wetlands constructed in upland areas provides for the storage of collected
runoff in a holding area prior to release in a waterway, allowing
quality treatment by sedimentation, flocculation and biological removal.
Retention is used when post-development runoff volume is expected
to exceed the capabilities of infiltration. However, summer temperatures
of water in a retention facility may exceed temperatures required
to sustain a cold-water fishery. Therefore, retention is not appropriate
where stored (warm) water in a retention facility is displaced by
storm runoff and discharged to a trout stream in contravention of
Part 704 standards.
(c)
Extended detention.
[1]
Extended detention provides for the temporary
storage of collected runoff in a holding area prior to release into
a waterway. Settling is the primary pollutant removal mechanism associated
with extended detention. As such, the degree of removal is dependent
on whether a given pollutant is in particulate or soluble form. Removal
is likely to be quite high if a pollutant is a particulate, whereas
very limited removal can be expected for soluble pollutants.
[2]
Extended detention can provide thermal benefits
to a trout stream. By using a perforated low-flow drainpipe encased
in a gravel jacket having an adequate mass, extended detention may
be used to dissipate heat and cool stormwater runoff prior to its
discharge to a trout stream.
(d)
Stormwater management adjuncts. Flow and pollutant
attenuation by use of open vegetated swales, vegetated buffer zones
or filter strips provides water quality treatment by filtration, attenuation,
buffering, sedimentation, biological removal and particle retention.
These practices should be used to complement infiltration, retention
or extended detention.
[3]
Editor's Note: Appendix B is included at the
end of this chapter.
A.
Permanent improvements, such as sanitary sewers, water
mains and storm sewers, often require maintenance and repair following
their installation. To facilitate repair and maintenance, it is necessary
to know exact locations of the utilities in order to avoid tedious
and expensive search.
B.
Exact locations based upon engineering and surveying
techniques of direction, distance and grade are to be drawn to scale
on plans submitted by the subdivider or his engineer to the Town for
its records. Information such as the following is to be indicated
on the plans:
(1)
The location of manholes (both vertical and horizontal).
(2)
The location of catch basins (both vertical and horizontal).
(3)
The location (both vertical and horizontal) and direction
of sanitary sewer lines, storm sewer lines and water mains.
(4)
The location of connections between the sanitary sewer
trunk line and laterals.
(5)
Grades for laterals.
(6)
The depth and grade of main trunk lines and laterals.
(7)
The location of all transmission utilities, including
gas, electric, telephone, etc., both surface and subsurface.
A.
All permanent improvements, as herein defined, shall
require inspections by the Town Engineer or that person retained by
the Town for such purpose.
B.
The owner, developer or an agent of the subdivider
shall inform the Town Engineer or person charged with such inspections
at least 24 hours before such inspection is required and shall not
conceal, cover, hide or in any way render invisible any portion of
a permanent improvement until such inspection has been made and approved.
C.
All street grades and methods of construction shall
require inspection before acceptance of the same for future maintenance.
D.
The street inspections shall be conducted by the Town
Engineer or person charged with such duty.
E.
Where a percolation test is required, the Building
Inspector is required to be present at the conducting of all percolation
tests unless otherwise approved by the authority having jurisdiction.
Failure to notify the Building Inspector of the scheduling of such
a test or conducting a percolation test without the Building Inspector's
being present will result in either revocation of any building permit
that has been issued or any application for a building permit being
considered incomplete as a matter of law.
Where the Planning Board finds that extraordinary
and unnecessary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice
may be done and the public interest secured, provided that such waiver
will not have the effect of nullifying the intent and purpose of the
Comprehensive Land Use Plan or the Zoning Law.[1] Moreover, in granting waivers, the Planning Board shall
require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so waived.
