City of Batavia, NY Required Utilities and Improvements

Utilities and street improvements of a subdivision shall be in accordance with the following regulations.

Public water. Public water facilities shall be provided per plans approved by the City Engineer.

Public sanitary sewer. Sanitary sewers shall be provided per plans approved by the City Engineer with final approval by the New York State Department of Environmental Conservation.

Storm sewer. Storm sewer system and other drainage improvements shall be provided per plans approved by the City Engineer.

Streets.

(1)

Right-of-way and street widths shall be as follows:

	Primary Streets	80 foot right-of-way 48 foot pavement width
	Secondary Streets	66 foot right-of-way 36 foot pavement width
	Residential Streets	50 foot right-of-way 30 foot pavement width

(2)

The subdivider shall, at his or her expense, completely construct all streets necessary to serve the proposed development in accordance with City specifications and submitted plans approved by the City Engineer. The City shall inspect all construction. The subdivider shall pay for all independent testing required for City approval. Following completion, the subdivider may petition the City for dedication of the streets into the City’s street system. Acceptance of dedication shall be subject to approval by the City Council upon recommendation by the City Engineer.

[Amended 6-22-2009 by L.L. No. 4-2009]

Sidewalks. Four-inch fiber-reinforced concrete walk (six-inch across driveways) shall be provided on all streets. The width shall be five feet.

[Amended 6-22-2009 by L.L. No. 4-2009]

Street signs. Street name signs shall be provided at all intersections. Sign construction shall conform to city standards.

Natural features.

[Amended 6-22-2009 by L.L. No. 4-2009]

(1)

The subdivision shall be designed with consideration being given to the preservation of natural features. Precautions shall be taken to protect existing trees and shrubbery during the process of grading the lots and roads. The developer shall not remove any trees over six inches in diameter at breast height (DBH) from the site without City Planning Board approval. In the event any trees over six inches' DBH are removed from a site, the developer shall replace each tree at a ratio of two to one.

(2)

The subdivider shall preserve unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookouts, desirable natural contours, stands of trees and similar natural features.

Site surface improvements. These improvements are required to ensure that the ecology of the subdivision is not adversely disturbed, that the subdivision presents an attractive appearance, that it is properly paved and monumented and that all improvements are recorded on the final plat for approval by the City.

[Added 6-22-2009 by L.L. No. 4-2009[1]]

(1)

Erosion control. The developer shall preserve unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookouts, stands of trees, desirable natural contours and similar natural features in designing a project.

(a)

Erosion and sediment control shall conform to all requirements established by the City Engineer and applicable state and federal laws and regulations.

(b)

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 collective depressions.

(2)

Topsoil.

(a)

Topsoil moved during the course of construction should be stored in such manner as to allow for minimum volume to be stacked or stored at any one time. The stacking or storage period should be kept as short as possible.

(b)

Storage and redistribution of topsoil should be consistent with the phasing of construction for the purpose of reducing the need for the storage of large volumes of topsoil. Topsoil shall be redistributed so as to cover all areas of the subdivision adequately to a minimum depth of eight inches for each lot and shall be stabilized by seeding or planting. Topsoil piles shall be stabilized by seeding. Permanent removal of topsoil from areas of proposed road and utility construction requires prior permission of the Director of Public Works as part of the permit required by this chapter. Prior to said removal authorization, the applicant shall demonstrate that sufficient topsoil will remain. A minimum of eight inches of topsoil must remain for portions of the site not covered by structures, sidewalks, parking areas, roadways or driveways.

(c)

Temporary vegetation and/or mulching should be provided to prevent potential erosion problems during construction.

(d)

Upon completion of the project, the subdivider shall not be permitted to leave any hills or mounds of dirt around the tract. All surfaces should be restored within six months of the time of completion of the section of the subdivision.

(e)

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.

(f)

All fill introduced to the project site to meet grading requirements as approved by the City Engineer shall be pre-approved as to quality and source.

(3)

Fill. To achieve required grades within the subdivision, any fill introduced to the property must have written verification as to the source of the fill, and such fill must be approved by the City Engineer. Designs should be developed so as to discourage the introduction of fill to a property so as to utilize the natural setting of the property and to encourage the preservation of mature vegetation.

[1]

Editor's Note: This local law also repealed former Subsection H, Planting strip. See now Subsection I(2) below.

Landscaping. Landscaping is the improvement of land by contouring and decorative planting, which includes vegetative ground cover.

[Added 6-22-2009 by L.L. No. 4-2009[2]]

(1)

All lots which are disturbed during the course of construction and which are not covered by structures or paving shall have a minimum vegetative ground cover to prevent erosion.

(2)

Planting strip. The area between the sidewalk and the curb shall have turf established. No trees shall be planted in the planting strip.

(3)

Additional landscaping may be recommended by the Planning Board to screen or buffer the subdivision from a visually noncompatible use.

(4)

Tree planting. Adequate tree planting shall be completed. Tentative tree species will be indicated on the preliminary plat. At least one shade tree shall be provided per residential lot. Tree planting is prohibited within five feet of the sidewalk. Trees shall be at least 2 1/2 inches' DBH at the time of planting. Trees must be adequately supported by guy wires until firmly rooted. All tree plantings/landscape plans shall be reviewed and approved by the Planning Board.

[2]

Editor's Note: This local law also redesignated former Subsections I and J as Subsections J and K respectively.

Other improvements. The Planning Board may require any other improvement construction requirements that are in keeping with the health, safety, morals and general welfare of the citizens of the city.

Special facilities. If in the opinion of the City Engineer, the specifications for any improvements in a subdivision require the subdivider to install facilities over and above the basic subdivision requirements, these facilities shall be deemed special facilities and the following method shall be used to determine cost responsibilities.

[Amended 6-22-2009 by L.L. No. 4-2009]

(1)

The City Engineer shall determine the total area benefited by proposed installation.

(2)

The subdivider shall pay for the cost of the facility or facilities required for his or her use, and the City shall fund the additional cost necessary to serve the additional area unless that area is owned by the same subdivider, in which case the subdivider shall pay the complete cost of the facility or facilities as required by the City Engineer.

(3)

The basic improvement costs plus the proportionate cost of any special facility (based on land areas) shall be deemed the subdivider's responsibility and § 162-21, Improvement guaranties, shall govern.