Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
A. 
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.
B. 
In all cases, the applicant shall be responsible for the installation of all required improvements.
C. 
Once the Planning Board has granted final approval and before the final signatures are placed on the plan, the applicant shall enter into an agreement with the Town Board for the subsequent completion of the platted improvements to be dedicated to the Town.
D. 
The developer shall submit with the tender of dedication and deeds to all streets, easements and required sureties to assure the proper and timely completion of the required improvements.
E. 
Required sureties shall be filed with the Town in compliance with § 174-32 of Town Code.
F. 
Minimum improvements and construction standards required of all subdivisions shall be as set forth in the Town Code and the Town of Canandaigua Site Design and Development Criteria.[1]
[1]
Editor's Note: The Site Design and Development Criteria are available in the Town offices or through the Town's online version of the Code (eCode360®).
A. 
Purpose. In order to provide utilities and services, including but not limited to sanitary sewer, water, drainage and lighting, on an equitable basis and to assure a means of ongoing maintenance of same, the applicant shall petition the Town Board to create or extend utility and service districts as required.
B. 
These districts shall be created in conformance with the provisions of New York State law to assure that those property owners benefited by the utilities and services are responsible for the cost of their installation and maintenance.
C. 
The Town Attorney and Town Engineer shall review necessary documents and maps, and the Town Clerk will be responsible for publication and filing requirements. The developer shall reimburse the Town for all legal and engineering costs incurred as a result of the formation of the district(s) in compliance with Chapter 111 of Town Code.
D. 
Required improvement districts must be extended or created by the Town Board before the signature of the Planning Board Chairperson may be affixed to the approved final site plan or subdivision plat.
A. 
General. As required by the Town, easements of sufficient width necessary for installation, repair and/or replacement of improvements shall be provided, subject to the following:
(1) 
The depth, type, size and location of a utility in addition to soil conditions will be considered when establishing an easement width.
(2) 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
(3) 
Public water. Where an easement for public water is provided, the service shall extend to the easement line (or across utility easement).
(4) 
Where a development is traversed by a watercourse, the applicant shall provide to the Town at no cost a drainage easement or right-of-way conforming substantially to the line of such watercourse and of such width as will be adequate to preserve natural drainage and maintain the same.
(5) 
The minimum easement width shall be 20 feet, but the actual width acceptable to the Town will consider all those factors previously listed in this section.
(6) 
Stormwater management facilities. An access easement of 25 feet shall be provided around all portions of stormwater management facilities, or said facilities may be located on land dedicated to the Town.
B. 
Formation of easements. If easements are required on a project, the following procedure will be followed:
(1) 
The developer will have his engineer and/or surveyor prepare maps and descriptions of all of the easements associated with the development.
(2) 
The easements and descriptions are referred to the Town Engineer for technical review of bearings and distances.
(3) 
After technical review by the Town Engineer, the easement maps and descriptions are sent to the Town Attorney to assure that the appropriate legal language is incorporated into the documents.
(4) 
The Town Attorney will then contact the developer's attorney to work out any concerns associated with the easement descriptions.
(5) 
If any revisions to the easements are needed, they are made by the developer's engineer. Any changes must then be offered to the Town Board for acceptance.
(6) 
Either the Town Attorney or the Town Clerk will duly file the final easements, and the charge of such will be borne by the developer.
[Amended 3-16-2015 by L.L. No. 3-2015]
A. 
Provisions of this section are administered as provided for in New York State Town Law § 277, as amended.
B. 
In compliance with New York State Town Law Article 16, § 277, Part 9, as may be amended, surety may be required by the Planning Board as a condition of site plan or subdivision approval in order to assure proper installation of proposed improvements, including but not limited to utilities, drainage facilities and roads.
C. 
Sureties shall be in amounts as approved by the Town Engineer or the Town Code Enforcement Officer and shall include costs, including:
(1) 
Estimated construction cost of all required improvements;
(2) 
A minimum contingency factor of 10%;
(3) 
A minimum of 6% for engineering and construction observation charges based on the project complexity and construction schedule;
(4) 
Installation of street signs and surveyor's monuments;
(5) 
Mapping; and
(6) 
Development of record drawings of installed facilities.
D. 
The form of the sureties shall comply with New York State Town Law and shall be approved by the Town Board Attorney.
E. 
After approval by the Town Engineer and Town Board Attorney, a complete description of the surety will then be provided to the Town Board who shall either accept or reject the surety.
F. 
Sureties.
[Amended 9-18-2017 by L.L. No. 19-2017]
(1) 
Sureties paid by cash or check that do not exceed $20,000 must be approved by the Town Manager prior to the issuance of building permits. Within 45 days following the date of such approval by the Town Manager, the applicant shall arrange to have the surety accepted by the Town Board. If the Town Board does not accept said surety within 45 days, any permits granted shall be revoked.
(2) 
Sureties that exceed $20,000 must be accepted by the Town Board prior to the issuance of building permits.
G. 
Inspection. All improvements covered under a performance surety must be inspected during construction. Costs of the required inspections shall be estimated by the Town 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 Town when construction will be undertaken on proposed improvements. Reasonable notice is required.
(3) 
Inspections are the responsibility of the Town Engineer, Highway and Water Superintendent, Town of Farmington Water and Sewer Superintendent and/or Town of Canandaigua Code Enforcement Officer, and other agencies as required and appropriate.
H. 
Surety default and retention.
(1) 
If the required improvements are not completely installed within the period as may be fixed or extended by the Planning Board, the Town Board may declare the surety in default and collect the amount payable thereunder. Upon receipt of such amount, the Town shall cause to install such improvements as were covered by the surety and as commensurate with the extent of building development that has taken place in the subdivision, not exceeding in cost, however, the amount collected from the surety.
(2) 
If within one year's time from the certificate of occupancy, remedial or landscaping work is incomplete, the Town shall complete said work and deduct costs from the posted sureties.
(3) 
The soil and erosion sureties will be retained until all disturbed pervious areas are 80% covered with vegetative controls (grass), at which point the escrow shall be released to the applicant.
I. 
Release of sureties. Upon completion of required improvements, the applicant may request full or partial release of sureties filed with the Town.
(1) 
The process for a release of surety will be initiated when a written request for partial or total release is submitted to the Town Development Office for approval.
(2) 
The request will then be reviewed by appropriate Town Staff or the Town Engineer and compared with the inspection record.
(3) 
Development Office staff will then forward a recommendation regarding the request to the Planning Board for their formal consideration.
(4) 
Recommendations by the Planning Board for full or partial release of funds shall be forwarded to the Town's Fiscal Officer, who, upon review, may release the specified funds.
(5) 
Approval by the Town for authorized periodic payments is not to be construed as acceptance of the work completed to date.
(6) 
Retainage shall be released only after a maintenance bond has been accepted by the Town and subject improvements have been tested and found acceptable by the Town's representatives.
A. 
General. Improvements offered for dedication to the Town of Canandaigua shall be complete with final inspections and approvals from the Town Highway and Water Superintendent and, where appropriate, the Town of Farmington Sewer and Water Superintendent, Code Enforcement Officer, a representative from the Planning Board, Town Engineer and others as may be appropriate.
B. 
The Town Board Attorney shall also review and accept legal documentation related to the dedication.
C. 
Improvements completed. Before dedication, subject improvements and the following shall have been certified as completed.
(1) 
Monuments shall have been set in their required locations as required by the Site Design and Development Criteria[1] and certified to the Town.
[1]
Editor's Note: The Site Design and Development Criteria are available in the Town offices or through the Town's online version of the Code (eCode360®).
(2) 
Final grading shall be completed within the right-of-way and all spoil removed from the site.
(3) 
All street and traffic signs shall be properly set in their designated locations.
D. 
Special procedure for road dedication.
(1) 
Upon completion of the binder pavement and all other items related to the construction of a road and before installation of the top pavement course, the Town may elect to accept dedication of said road if the developer files with the Town surety sufficient to complete the top pavement course, as well as a two-year maintenance bond for the road in an amount deemed sufficient by the Town Highway Superintendent.
(2) 
This is intended to allow the developer to complete related construction on adjacent lots prior to installing the top pavement course thereby reducing marring or patching of the top pavement course resulting from normal construction activity.
(3) 
Before the expiration of the maintenance bond and before the final top is applied, the Town or its representative and the developer will hold a final site review to assess any damages or repairs that may be necessary by the developer under the maintenance agreement. Once the top course has been installed, final acceptance of all roadway improvements shall be obtained from the Town Board.
E. 
Record plans. Record plans and all testing results shall be supplied to the Town at least 15 days prior to dedication.
(1) 
Record maps shall be prepared by the applicant's engineer. Eight prints and a reproducible original (Mylar) shall be submitted to the Town Development Office.
(2) 
The record map shall contain the following information:
(a) 
The locations, sizes, elevations, lengths, slopes, inverts and top elevations of all structures in the sewer systems.
(b) 
The elevations of any drainage swales and drainage structures to be dedicated to the Town.
(c) 
The locations, including ties to all valves, curb boxes and hydrants to permanent structures.
(d) 
The locations at the property or easement line of each individual lot.
[1] 
Sanitary lateral cleanouts.
[2] 
Storm lateral.
[3] 
Water service curb box.
(e) 
Any other significant details affecting the operation or maintenance of any system by the Town.
(f) 
Survey control monuments.
(g) 
The location of all facilities shall be tied to visible and reproducible objects.
F. 
Maintenance bonds. The submission and acceptance of maintenance bonds for all newly constructed improvements, including landscaping, and those offered to the Town for dedication is required.
(1) 
Maintenance bonds shall be written by a surety provider licensed to do business in New York State, and they shall be in the amount of 10% of the actual construction costs incurred.
(2) 
Individual portions of the project, i.e., sanitary system, water system, can be bonded with their individual acceptances by the Town.
(3) 
A maintenance bond will not be accepted until the entire project is ready for dedication.
(4) 
Maintenance bonds for landscaping shall be held for a period of one year following installation to assure correction of any work that may be found to be defective.
(5) 
The maintenance bond for all other improvements to be dedicated to the Town shall be held for a period of two years following dedication of the improvements to assure correction of any work that may be found to be defective.
(6) 
Release of the maintenance bond shall be authorized, in writing, by the Town's Fiscal Officer upon final review of the project site by Town authorities. This review will be completed at least one month before the expiration of the bond.