A.
In the process of subdivision of parcels of land or in
the process of development of single lots and lots of record, the subdivider
or developer will be required to construct drainage systems shown on the Official
Drainage Systems Map, providing easements or dedicated rights-of-way as shown
on the Official Drainage Systems Map.
B.
To facilitate maintenance by property owners, local drainage
ditches that will generally be located at or near lot lines shall have minimum
side slopes of 3:1 (one foot of vertical rise for each three feet of horizontal
distance). Other channels and ditches shall have side slopes as indicated
on the Official Drainage Systems Map. To prevent erosion and facilitate maintenance,
no channel or ditch shall be constructed with side slopes steeper than 21/2:1
(one foot of vertical rise for each 21/2 feet of horizontal distance), except
that the Town Engineer may approve steeper slopes where stone-filled gabions
or riprap are to be used to support banks.
C.
Where sizes of culverts, pipes and conduits or areas
of required stormwater detention facilities or widths of ditches, easements
or rights-of-way are not indicated on the Official Drainage Systems Map, dimensions,
elevations, areas, widths and other design details shall be submitted to the
Town Engineer for approval. Local drainage systems shall have minimum capacities
to accommodate runoff to be realized from ten-year storms. Drainage improvements,
channels, ditches and culverts along the line of major natural waterways shall
have capacities adequate for runoff that will result from fifty-year storms.
The basis of design for all proposed drainage systems shall be submitted to
the Town Engineer for approval.
D.
The Town Board of the Town of Cheektowaga may consider
the construction of a drainage system to be a town responsibility. In such
case, the subdivider or developer shall provide a dedicated right-of-way,
conforming to widths and areas shown on the Official Drainage Systems Map,
to allow for the eventual construction of said drainage system by the Town
of Cheektowaga.
A.
Where indicated on the Official Drainage Systems Map,
easements drafted to last forever shall be granted for use of private land
to accommodate ditches, creeks, waterways, pipes, conduits and related drainage
systems. Such easements shall have the minimum widths indicated on the Official
Drainage Systems Map and shall have access to public highways acceptable to
the Superintendent of Highways of the Town of Cheektowaga.
B.
Easements drafted to last forever shall also be granted
to accommodate subdivision rear yard drains and local drainage systems for
which easement widths are not shown on the Official Drainage Systems Map.
Such easements shall have minimum widths of 23 feet plus the width or diameter
of the required ditch, pipe or other improvement. Greater widths may be required
by the Town Engineer to facilitate maintenance operations and access to public
highways.
C.
For the purposes of this chapter, easement deeds shall
state that land levels within the easement cannot be changed, that planting
of trees or erection of fences and structures within the easement is prohibited
and that such restrictions are binding on all heirs, successors and assigns
forever.
D.
Where indicated on the Official Drainage Systems Map,
rights-of-way for storm sewers, ditches, creeks, waterways, pipes, conduits,
stormwater detention facilities and related construction shall be dedicated
and deeded to the Town of Cheektowaga. Such dedicated rights-of-way shall
have minimum widths indicated on the Official Drainage Systems Map and shall
have access to public highways acceptable to the Superintendent of Highways
of the Town of Cheektowaga.
E.
Dedicated rights-of-way having widths acceptable to the
Town Engineer may also be required at locations other than those indicated
on the Official Drainage Systems Map.
F.
Along major natural waterways, such additional widths
of easements or dedicated rights-of-way, in addition to the minimum widths
that can be read or scaled from the Official Drainage Systems Map, shall be
provided as may be necessary to reserve fifty-foot-wide open spaces for maintenance,
measured from the tops of banks to the boundary lines of the rights-of-way
or easements. Where the tops of banks are inadequately defined, the minimum
distance on either side shall be 60 feet, measured from the edge of the stream
bed to the boundary lines of the rights-of-way or easements.
Coincidentally with the filing of the approved final plat of a subdivision,
the subdivider or developer shall file separate deeds and descriptions of
easements and dedicated rights-of-way in the Erie County Clerk's office.
The subdivider or developer shall submit to the Town Clerk of the Town of
Cheektowaga copies of documents indicating that easement and dedicated right-of-way
deeds and descriptions have been filed in the Erie County Clerk's office.
Such documents shall indicate the date, liber and page of filing.
A.
Where the Official Drainage Systems Map indicates an
easement or where the Town Engineer directs that an easement be provided for
a drainage system, no building or accessory building shall be erected within
10 feet of the boundaries or limits of such easements.
B.
Where the Official Drainage Systems Map indicates a right-of-way
that is to be dedicated to the Town of Cheektowaga or where the Town Engineer
directs that such a dedicated right-of-way be provided for a creek, waterway,
pipe or conduit, no building or accessory building shall be erected within
20 feet of the boundaries or limits of such right-of-way.
C.
Where easements are to be granted along side lot lines
to accommodate pipes or conduits carrying rear yard drainage, offsets to buildings
will not be required.
