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 Town Board 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 Town of Farmington 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 above ground
at a height to be approved by the Town Engineer.
(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 and sidewalks.
(1)
Streets shall be constructed to provide adequate means
of access to each lot of a subdivision.
(2)
Required movements and construction standards shall be
in accordance with the Road Specifications contained elsewhere in Town Code.
(3)
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 Town Engineer.
(4)
Sidewalks may be installed on one or both sides of the
street or road that provides access to the site, as may be required by the
Planning Board depending upon local conditions or public safety. Where the
site lies within the Major Thoroughfare Overlay District (MTOD) sidewalks
shall be provided along the frontage of State Route 332 and/or State Route
96 as deemed necessary by the Planning Board.
C.
Public water supply. Where a public water supply, in
the opinion of the Planning Board, is reasonably accessible, 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.
Public sanitary sewer system. Where the public sanitary
sewer system, in the opinion of the Planning Board, is reasonably accessible,
sanitary sewers shall be installed to adequately provide all lots with connections
to the public system. Where lots cannot be served by the extension of an existing
public sanitary sewer, individual septic tanks and disposal fields may be
installed subject to the approvals of the Code Enforcement Officer, Construction
Inspector and New York State Department of Health, as required.
E.
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.
F.
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 of the Soil Erosion and Sedimentation Law
of the Town of Farmington, Town Code.
(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 Town 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 Town, showing the names of intersecting
streets, shall be erected at each intersection. The last word in the name
of a private road shall be "drive."
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 plan 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.
Provisions of this section are administered as provided for in Town
Law § 277, as amended.
A.
Purpose. Surety may be required in order to assure proper
installation of facilities, landscaping and utilities, whether or not offered
for dedication. Generally, the Town will require a letter of credit or other
acceptable surety to be filed with the Town prior to final approval of the
final plan.
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 Town Engineer, Town Code Enforcement Officer, Town
Construction Inspector, Town Attorney and Director of Development 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 Town
Board regarding the adequacy of the surety.
C.
Form of surety. To ensure completion the subdivider shall
post with the Town Board surety in the form of a certified check, bond, irrevocable
letter of credit or other form of guarantee approved by the Town Attorney
or Town Construction Inspector. The amount shall be equal to the full cost
of installing the required improvements as estimated by the Town Engineer.
(1)
Performance bond. In the case of a bond filed, it shall
be with surety satisfactory to the Town Board, and the time for the completion
of the improvements and installations shall be specified, such time to be
satisfactory to the Planning Board.
(2)
Irrevocable letter of credit. A letter of credit, furnished
to guarantee the installation of required improvements shall be in the amount
fixed by the resolution of the Planning Board and shall be approved by the
Town Attorney as to form, sufficiency and manner of execution. The letter
of credit shall be issued in favor of the Town of Farmington and shall assure
the complete installation of the required improvements within a period, not
longer than three years, as shall be fixed by the Planning Board. The Planning
Board, with the consent of all parties to the letter of credit, may extend
such period upon written application of the developer filed with the Town
Clerk prior to the date of expiration, or upon its own motion, at any time
prior to a declaration of a default on the letter of credit by the Planning
Board, provided that any increase in cost to install the required improvements
is recognized. The letter of credit shall be issued to the Town for an initial
minimum period of one year. Also the subdivider shall comply with the Town
of Farmington Code "Soil Erosion and Sedimentation Control" performance guarantee
requirements.
D.
Approval of surety. When the Planning Board and Town
Board are each satisfied with the form and value of the proposed surety and
the Town Board is in receipt of the surety documents, the Planning Board shall
recommend that the Town Board accept the surety and submit it to the Town
Clerk. The Town Supervisor 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 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,
Superintendent of Highways, Water and Sewer Superintendent and/or Town of
Farmington Code Enforcement Officer as appropriate.
F.
The process for a release of surety will be initiated
when a request for partial or total release is submitted to the Town for approval.
The request will be reviewed by the Director of Development who shall, in
consultation with the Town Engineer, Water Maintenance Superintendent and
Highway Superintendent, compare the request with the inspection record. The
Director of Development's determination will be forwarded to the Planning
Board with a recommendation for action. At that time, the Planning Board will
recommend to the Town Supervisor whether to honor the request and will determine
the dollar value of the release.
G.
Upon completion of all required improvements, the Planning
Board may recommend that the Town honor a request for final release of funds.
(1)
Before a request for a final release is considered, inspection
of all required improvements by Town 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 Town Supervisor.
(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 Town Supervisor the
manner of issuing the releases and to whom the releases shall be issued.
H.
All releases under surety are subject to retainage for
contingencies in an amount to be determined by the Town 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 Town
of Farmington shall be complete with final inspections and approvals from
the Town Highway Superintendent, Sewer and Water Superintendent, Construction
Inspector, Code Enforcement Officer, a representative from the Planning Board
and/or Town Engineer, as may be appropriate.
B.
Record plans. Record plans and all testing results shall
be supplied to the Town. Record maps shall be prepared by the Design Engineer.
Four prints and a reproducible original (Mylar) shall be submitted to the
Director of Development. The record map shall contain the following information:
(1)
The locations and inverts of all sanitary and 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 sanitary lateral, storm lateral, and water service curb box;
(4)
Any other significant details affecting the operation
or maintenance of the system by the Town; 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 Town for dedication
is 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.
D.
Release of final monies. The Town Supervisor, upon recommendation
of the Town Engineer, Water Maintenance Superintendent and Highway Superintendent,
shall have final authority to release monies retained as maintenance bond.
