A.Â
This chapter has been prepared to serve as a guide
for and a control over the development of the property within the
Town of Riga, County of Monroe, New York.
B.Â
The intent is to assure proper design and construction
of facilities which will be turned over to the Town of Riga for perpetual
maintenance. Further, it is to assure proper design and construction
of facilities which will affect the health and general welfare of
the community, and to prevent depreciation of property values. Thirdly,
it is to assure that development is compatible with the long-range
development plan of the Town of Riga.
C.Â
It is not intent of this chapter to conflict with
zoning policies or general, overall supervision of development by
the Town Board and Planning Board; rather, it is intended to supplement
such policies by providing the technical details necessary to carry
out general policy in a successful manner.
D.Â
This chapter does not concern itself with control
over building design or construction. These matters are covered elsewhere
by Town policy and ordinance.
E.Â
This chapter is divided into four general articles.
(1)Â
The first article is entitled "Article I, Basic Procedures and Requirements," which deals with general procedures to be followed. The intent is to provide a guide which will assure expeditious review of development plans as well as the consideration of completed works which are to be turned over to the Town for dedication.
(2)Â
The second article of this chapter is entitled "Article II, Design Criteria," and provides a guide of minimum requirements for developers' engineers to conform to in the preparation of plans for subdivisions and other developments.
(3)Â
The third article of this chapter is entitled "Article III, Construction Specifications," and provides the construction specifications for materials and execution of the various items of work. Developers and their engineers bear the responsibility of requiring their development contractors, and their subcontractors, to familiarize themselves with these specifications and to carry them out in order that maintenance-free utilities be constructed.
(4)Â
The last article of this chapter is entitled "Article IV, Construction Details."[1] These design standards are cross-referenced to basic material
in the design and construction articles and consist primarily of graphic
illustrations and standard construction details.
[1]
Editor's Note: Art. IV, Construction Details,
is on file in the office of the Town Clerk.
A.Â
With development increasing at an accelerated pace,
it has become necessary to set up certain guidelines to assure that
such development proceeds in an orderly but expeditious manner. To
implement the procedures required by law and good planning, the Town
has developed a sequence of procedures for development in the Town
of Riga, a copy of which is enclosed herein. It is recommended that
developers and their engineers follow these guidelines for their own
benefit in expediting approvals.
B.Â
Developers are required to retain competent engineering
and legal counseling to deal with technical and/or legal matters and
provide the necessary detailed information. Normally, the first step
will be to come before the Planning Board with a pre-preliminary or
conceptual plan for an informal hearing. This is usually the first
opportunity the Planning Board has to see how a particular parcel
of land is proposed for development. This knowledge permits the Planning
Board to initiate studies to determine what problems it must consider
in granting the subsequent formal approval. Questions of traffic circulation,
water supply, sanitary sewage collection and disposal and drainage
are some of the major items. Following this pre-preliminary discussion
with the Planning Board, the developer can make application for an
advertised or formal preliminary and final hearing before the Planning
Board.
C.Â
It should be noted that it is the developer's responsibility
to provide the Town Engineer with preliminary plans at least 35 calendar
days prior to the date of the regular Planning Board meeting. This
time schedule is necessary in order that an intelligent office and
field investigation can be made relative to the proposed submittal
and appropriate comments returned to the developer's engineer for
revision where necessary. In the same manner, it is required to present
final plans 35 calendar days prior to the formal hearing.
D.Â
The final plans shall include any easements mapped
and dedicated, along with an engineer's estimate for the letter of
credit, prepared by the developer and approved by the Town Engineer
prior to obtaining the necessary signatures and filing the map.
E.Â
The developer shall be responsible for obtaining the
signatures of approval of the Town Engineer, Highway Superintendent
and appropriate officials of the Town or representing the town, and
the agency or authorities having jurisdiction over water and sanitary
sewage facilities. An engineer's estimate for a letter of credit and
all easements shall be approved prior to obtaining the Planning Board
Chairman's signature and filing the map.
F.Â
A minimum per unit charge will be paid up front by
the developer, along with all other fees, before the map is signed.
G.Â
No construction of utilities shall be started without
notifying the Town Engineer, Building Department, Highway Department
and the appropriate authorities having jurisdiction over utilities,
such as water and sanitary sewers.
H.Â
Water mains are under the jurisdiction of the Monroe
County Water Authority. Developers are required to familiarize themselves
and comply with all this agency's requirements for connecting new
water lines to their mains.
I.Â
No building permit will be issued by the Town until
and unless a letter of credit is of an amount and in a form which
are satisfactory to the Supervisor, the Town Attorney and Town Engineer;
and until all easements have been approved by the Planning Board Attorney
and Town Engineer and filed and recorded; and until permits to connect
water and sanitary sewers to existing county systems are secured from
the above indicated authorities.
A.Â
Developers shall contact the Planning Board Secretary,
Town Clerk, Building Inspector or other authorized official for information
and direction relating to subdivision design, sanitary and storm sewer
installations, application for hearings and related fees. Guidance
for coordinating and presenting a project to Town officials and procedural
matters relating to zoning and Town and Planning Board review can
be preliminarily discussed.
B.Â
The applicant, at initial application, shall sign
an agreement indicating that he has read the fee schedule and that
all reasonable and necessary charges will be paid.
C.Â
Where utilities are to be connected into the facilities
of other agencies, such as water transmission mains or trunk sewers
under the jurisdiction of others, the developer and his engineer shall
be responsible for contacting such agencies directly to determine
such regulations as may be in effect and to determine the capacity
of these facilities to handle the loading to be imposed upon them
by the new development.
D.Â
The developer presents a sketch plan (except for one-lot
subdivision) to the Town Planning Board for an informal discussion.
The developer should be prepared to present a plan and related data
to show how he intends to develop the property and how it will relate
to adjoining property. He should be prepared to answer questions relating
to roads, traffic, utilities, topography and drainage.
E.Â
Documentation prior to meeting.
(1)Â
Prior to scheduling a Planning Board and/or a public
meeting, drawings, sketches, specifications, etc., shall be presented
to the Secretary of the Planning Board for review of adequacy of documentation
in accordance with this code.
(2)Â
At least 14 calendar days prior to the Planning Board
meeting, the developer should request the appropriate Town officer
to place him on the meeting agenda and furnish 12 copies of the plan
and submit an environmental assessment form (EAF) to the Town and
one copy to the Town Engineer.
F.Â
The Secretary of the Planning Board, upon determination
that the drawings and specifications meet code requirements, will
schedule a Planning Board and/or public meeting.
G.Â
The developer presents 19 copies of the overall preliminary
plan and completed EAF to the Town Planning Board for its review and
review by the Town Engineer at least 35 calendar days prior to the
next Planning Board Meeting. The developer shall also submit the required
number of preliminary plans to be forwarded to the County Planning
Agency for review, when required by General Municipal Law, § 239-e
or as directed by the Planning Board Secretary.
H.Â
Planning Board's recommendation regarding preliminary
plan. Recommendations of the Planning Board and Town Engineer with
respect the to preliminary plan are to be submitted to the developer
and his engineer.
I.Â
Prior to scheduling subsequent meetings on previously
tabled applications, the Planning Board Secretary shall determine
that the new drawings have been revised and submitted in accordance
with the Planning Board notice of decision, and that the responses
from Monroe County Planning, the Town Engineer and Town Conservation
Board have been received by the Planning Board Secretary. The Planning
Board Secretary may reschedule a subsequent meeting awaiting the Town
Engineer's response.
J.Â
Formal, publicly advertised hearing for final approval.
(1)Â
The developer shall submit 12 copies of the final plans to the Planning Board. If more than six months has elapsed since preliminary approval, resubmission of the preliminary plat may be required. The developer is to submit an application for a hearing to the appropriate Town official with sufficient lead time to permit legal advertising. See § 38-3E and F.
(2)Â
Where required or otherwise appropriate, copies of
the final plans shall be submitted to such agencies as have jurisdiction
over the various utilities being utilized in connection with the development,
and to the Town and the Town Engineer.
(3)Â
A copy of the final plan is to be delivered to the
Town Engineer for review at least 35 calendar days prior to the meeting
date.
K.Â
The developer is to petition the Town for creation
of special improvement districts as appropriate.
L.Â
The developer shall be obliged to furnish an engineer's
estimate of the cost of improvements, survey maps, legal descriptions
and other data as required.
M.Â
All required information must be submitted by the
developer before the final hearing, including easements, deed of dedication
for roads and special improvement districts.
N.Â
The Planning Board will make its decision regarding
the final plan. The Town is to furnish the developer with the Planning
Board's decision.
O.Â
Upon approval, the developer will provide an estimate
of the cost of improvements for establishing a letter of credit.
P.Â
The developer shall not undertake any construction
of utilities prior to notifying in writing all Town officials, the
Monroe County Water Authority and the appropriate authority having
jurisdiction over sanitary sewers.
Q.Â
Preconstruction conference. A preconstruction conference
will be held by the Town prior to the start of work. Present at the
meeting will be the developer, the developer's engineer, Town officials,
the Town Engineer, the contractor, sub-contractors and utility and
highway representatives. It shall be the contractor's responsibility
to provide the Town with adequate lead time so the meeting can be
scheduled. The contractor shall be prepared to discuss his work plan,
timetable and personnel to be used on the project. Other items such
as permits, special conditions, safety regulations and payment vouchers
will be discussed.
R.Â
Performing construction of utilities.
(1)Â
Town personnel shall be notified 48 hours before commencing
work in order to plan for inspection. Contact the Town Engineer if
there is any question.
(2)Â
Construction procedures and materials shall be subject
to the approval of the Town and other agencies having jurisdiction
over the work. The developer shall submit periodic estimates of work
completed for approval and subsequent release of funds from the letter
of credit.
S.Â
Preparation of record plans (as-built). The developer
shall submit record plans prior to obtaining final approval of completed
works.
T.Â
Approval of completed works.
(1)Â
The developer is responsible for obtaining approval
of completed works by the appropriate Town official and the appropriate
agencies having jurisdiction over the utilities. Final approval of
underground utilities may precede final approval of pavement and gutters
if approved by the Town and if protected by appropriate maintenance
bond and/or the withholding of funds as established by the town.
(2)Â
Developers shall bear all costs of removing any defective work not constructed in conformance with the specifications included in Articles II and III of this chapter, as will be determined by the Town Engineer, and replace it as specified in these articles to the satisfaction of the Engineer and the Town of Riga.
U.Â
Warranty of work. Upon receiving final approval for
dedicated facilities, the developer shall provide the Town with a
two-year maintenance bond in the amount of 10% of the total for the
dedicated facilities.
V.Â
Release of warranty. It shall be the developer's responsibility
to notify the Town 45 calendar days prior to the expiration of the
maintenance bond. The Town will make a final inspection and establish
a punch list of work to be corrected as part of the warranty. The
developer shall make necessary repairs prior to the completion of
the warranty period or the maintenance bond shall be extended.
W.Â
Street monuments. The developer shall be responsible
for having his licensed surveyor set street monuments prior to termination
of the warranty period. He shall advise the Town Engineer when these
are set and have his surveyor available to point them out for final
approval.
§ 38-4. [Amended 2-9-2004 by L.L. No.
1-2004]
Title block (on each page)
| |
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____
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Subdivision name ______________________________________
|
____
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Subdivider's name _____________________________________
|
____
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Subdivider's address __________________________________
|
____
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Subdivider's phone number _____________________________
|
____
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Engineer's name________________________________________
|
____
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Engineer's address ____________________________________
|
____
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Engineer's phone number _______________________________
|
____
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Date of preparation of plans __________________________
|
Concept layout
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---|---|---|
____
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Location sketch.
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____
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North arrows for drawing(s) and location sketch.
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Scale.
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Legend.
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Sketch plan showing location of existing and
proposed methods of servicing the project with respect to water supply,
sanitary waste disposal and drainage.
| |
____
|
Boundaries of the tract to be subdivided, plotted
to scale. Approximate lines of proposed streets, sidewalks, proposed
lot lines, neighborhood recreational areas and other permanent open
spaces. If the tract is to be developed in phases, the entire tract
and proposed development plan shall be presented with the concept
layout.
| |
____
|
Indication of the zoning of the tract and any
other legal restrictions of use.
| |
____
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Topographic information showing ground contours
adjacent to and within the tract to be subdivided at intervals not
to exceed five feet elevation. Pertinent surface features and regulated
areas such as wooded areas, watercourses, one-hundred-year flood limits
and approximate wetland limits.
| |
____
|
Name(s) of the professional engineer, architect
and/or surveyor responsible for the preparation of the concept layout.
| |
All information provided on the concept layout
shall be included with the preliminary plan. The following additional
information shall be required with the preliminary and final plan
submissions.
| ||
____
|
Title/signature/revision blocks. Signature block
shall include the following:
| |
1.
|
Town Engineer
| |
2.
|
Planning Board Chairman
| |
3.
|
Highway Superintendent
| |
____
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Benchmark and references.
| |
____
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Monumentation - bearings and angles.
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____
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Easements - 40 feet minimum on each side of center line of designated streams, except 80 feet minimum on each side of center line of Black Creek (see § 95-24 of Chapter 95, Zoning), and 20 feet minimum on each side of the center line of main drainage swales, or as required by the Planning Board on the recommendation of the Town Engineer.
| |
____
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Lot size - references to conformance with codes.
| |
____
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Tax account numbers, house numbers and owners'
names of parcels adjacent to the proposed subdivision.
| |
____
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Well and septic system locations adjacent to
the proposed subdivision (within 250 feet of the project).
|
Preliminary and Final Plans
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____
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Pad and finished grade elevations at the house
location(s). The finished grade elevations shall be shown in boxes
at each house corner.
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____
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Streetlights for large subdivisions.
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____
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Indication of front, side and rear setbacks.
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____
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Indication of existing gas and water mains;
proposed locations of new water mains and services.
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____
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Existing and proposed culverts with size and
invert information.
| |
____
|
Percolation test and deep hole data. Deep hole
data shall state "none" if water, rock or minerals are not present.
The information shall include the date of the test and the name of
the witness from the Monroe County Health Department.
| |
____
|
Location of percolation test and deep hole indicated
(shall be within the area of the proposed septic field).
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____
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Leachline inverts shown.
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____
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Septic field location should not interfere with
future additions or improvements.
| |
____
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A map at a scale of one inch equals 200 feet
showing the path of drainage to an established bed and bank stream
(as applicable or as requested by the Town Engineer).
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____
|
Restrictions, easements, covenants and special
use permits indicated.
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____
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Existing and proposed contours at an interval
not to exceed two feet elevation. Contours shall extend 100 feet minimum
beyond the limits of the parcel being developed.
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____
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Public water not available (check for the following):
| |
____
|
a.
|
Note: "The Town of Riga is not responsible for
the quantity or quality of the well water."
|
____
|
b.
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Well detail per Monroe County Health Department.
|
____
|
c.
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Well water sample is satisfactory to the Monroe
County Health Department.
|
____
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Length and bearings of lot lines and subdivision
boundary lines; length of curves, tangent stations and proposed radii.
| |
____
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Dimensions shall be indicated in feet and decimals
thereof. Angle measurements shall be indicated in degrees-minutes-seconds.
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____
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Seal and signature of a licensed engineer.
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____
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Changes are defined, dated and indicated in
revision block.
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Results of hydrant flow tests are indicated.
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Soil stockpile areas designated or referenced.
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Documentation for existing and proposed easements.
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____
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Street or road stationing.
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____
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Appropriate standard construction details.
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____
|
Notes: (See the following General Plan Notes)
|
General Plan Notes
| |
---|---|
1.
|
All improvements shall be in accordance with
the Town of Riga Design Criteria and Construction Specifications for
Land Development, latest revision.
|
2.
|
The developer's and contractor's attention is
directed to Monroe County Law No. 6-1971, regarding liability incurred
through disturbance or destruction of geodetic survey monuments.
|
3.
|
The contractor shall determine the exact location
and elevation of existing underground utilities prior to beginning
construction. The contractor shall make exploratory excavations to
locate existing underground utilities sufficiently ahead of construction
to allow revisions as required to meet existing conditions.
|
4.
|
The finished grade elevation at the front building
line of a residential or commercial structure shall be a minimum of
two feet above the elevation of the center line of the public street
in front of such structure; provided, however, that where the structure
is set back a distance of at least 1.5 times the minimum setback allowed
by zoning, and/or where natural drainage patterns would be better
served by draining away from the street, the Planning Board may, in
its discretion, waive this requirement, stating its finding and determination
on the record. In any case, however, the approved grading and drainage
shall be so designed as to ensure that positive drainage flow is maintained
away from the building foundation.
|
5.
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(Reserved)
|
6.
|
Basement floors must be constructed above groundwater.
|
7.
|
Any changes in house and/or septic system location
in excess of 10 feet from the approved plan must be resubmitted to
the Planning Board for reapproval.
|
8.
|
The developer shall set lot monumentation pins
at all corners and angles.
|
9.
|
In the event that special districts (water,
sewer, lighting, drainage, sidewalk and/or playground and park) are
to be established by the Town Board, a general note stating the type
of district and date of the Town Board approval shall be included
on the drawings.
|
10.
|
No parking or driving is allowed in the area
of the septic system.
|
11.
|
No cut or fill exceeding one foot is allowed
in the area of the septic system.
|
12.
|
Laundry tubs are to discharge to the septic
tank, via a pump if required.
|
13.
|
Septic tank effluent shall not infiltrate or
be discharged to a highway drainage ditch or storm drain.
|
14.
|
No lot drainage shall be directed across the
area of the septic system.
|
15.
|
Lot line swales are to be constructed and operable
prior to the issuance of a certificate of occupancy.
|
16.
|
Driveways are to be paved within the Town highway
or street right-of-way, and a culvert pipe of a size and type approved
by the Highway Superintendent or designee is to be placed by the developer.
|
17.
|
The developer shall provide for erosion control
barriers during construction and removal of the same upon revegetation
of the disturbed areas.
|
18.
|
The contractor shall be required to clean mud
and debris from public roads, shoulders and drainage ditches servicing
the construction site during and after the completion of the project.
This requirement shall be enforced by the Building Inspector or Highway
Superintendent.
|
19.
|
On projects constructed in phases, the contractor
shall not operate construction equipment on completed roads. The contractor/developer
shall be responsible for all site and road work damaged during construction
operations and said damage shall be repaired, at the developer's/contractor's
expense, prior to acceptance of dedication to the town.
|
20.
|
Where the only access to the project is via
an existing dedicated road, the contractor/developer shall request
permission from the Town Board to use the road as a construction access.
A letter of credit shall be required to cover damages to the road
due to construction equipment.
|
21.
|
When road cuts are required for installation
of utilities under existing dedicated roads, backfill materials shall
be compacted and approved by the Highway Superintendent and Town Engineer
prior to resurfacing. Backfill materials and compaction methods shall
be approved by the Town Engineer.
|
22.
|
The contractor shall take appropriate precautions
to protect property markers and all survey stakes.
|
23.
|
Sanitary sewer facilities shall be designed
and constructed in accordance with the Monroe County Health Department
and Town of Riga standards.
|
24.
|
Water services shall be designed and constructed
in accordance with the Monroe County Water Authority standards.
|
25.
|
Foundation and cellar drainage shall discharge
to street storm drainage systems. Where a street storm drainage system
is not present this drainage shall be conveyed by gravity (as topography
permits) and discharged to splash blocks. Downspouts shall be discharged
to splashblocks.
|
26.
|
No excess topsoil or subsoil shall be removed
from the site without approval of the Planning Board.
|
27.
|
All proposed utilities are to be installed underground.
|
28.
|
Lot grading shall be certified by the developer's
engineer and/or surveyor as to conformance to the approved plan prior
to issuance of a certificate of occupancy.
|
29.
|
This property is located within an agricultural
area and may be subject to noises, odors, dust and other conditions
or effects resulting from agricultural activities. Farm operations
have a right to conduct such activities which create these conditions
as long as the conditions do not affect the health or safety of the
prospective property owner.
|
30.
|
Where any portion of the property is located
within an area designated as a freshwater wetland or one-hundred-foot
buffer, the following note shall be included: restrictions specified
in Article 24 of the Environmental Conservation Law and related regulations
of the Department of Environmental Conservation, which may include
the obtaining of a permit. Wetland areas may also be subject to designation
and regulation by the U.S. Army Corps of Engineers under federal law.
|
31.
|
Where any portion of the property is located
within a one-hundred-year floodplain, the following note shall be
included: restrictions and regulations imposed and/or administrated
by the Town of Riga, the County of Monroe and/or the State of New
York, and may require the obtaining of approvals or permits from appropriate
governmental agencies.
|
32.
|
The Town of Riga is not responsible for the
quantity or quality of well water.
|
33.
|
Driveway width is to be 14 feet throughout the
entire length and shall be constructed to support a minimum vehicle
weight of 20 tons. The sides of the driveway and culverts shall be
appropriately delineated (e.g., reflective markers every 50 feet).
|
34.
|
Where any portion of the property is located
within 2,000 feet of the boundaries of the property(ies) known as
Mill Seat Landfill, the following note shall be included: property(ies)
may be subject to noises, odors, dust, traffic and other conditions
resulting from such operations.
|
35.
|
A permanent sign with dwelling street numbers
should be installed at the entrance to the driveway.
|
36.
|
Where any portion of the property is crossed
by or contains any portion of the watercourse known as Hotel Creek
(No. 0-117-19-9), or is located within 40 feet of the center line
of such creek, the following note shall be included: the site has
been designated by the Town of Riga as a critical environmental area
pursuant to the State Environmental Review Act and Local Law No. 2-1979
of the Town of Riga (Chapter 19 of the Code of the Town of Riga.[1]) Any disturbance of the stream bed or banks may require
an Article 15 permit from the New York State Department of Environmental
Conservation (DEC). For additional information regarding the need
for a permit, the applicant should contact:
|
Permit Administrator
NYS Department of Environmental Conservation
6274 East Avon-Lima Road
Avon, New York 14414
|
A.Â
Estimate.
(1)Â
Upon receiving final approval of a subdivision or
a section thereof or other types of development for which the Planning
Board or Building Inspector deems these procedures to be appropriate,
the developer's licensed professional engineer shall submit a preliminary
estimate of the cost of improvements. This shall be itemized in detail
and shall consist of six major sections:
(2)Â
This shall be submitted to the Town engineer together
with a copy of the approved plan. The estimate shall include the following
items:
(a)Â
Construction costs.
(b)Â
Construction costs increase.
(c)Â
Contingencies (10%).
(d)Â
Survey monuments and necessary stake-out.
(e)Â
As-built map (record plan).
(f)Â
Street signs.
(g)Â
Owner's guarantee (5%).
(h)Â
Construction observation for dedicated facilities
(5% minimum).
(i)Â
Landscaping where applicable.
(j)Â
Other items as required by town.
B.Â
Letter of credit.
(1)Â
The letter of credit shall be written so as to comply
with the terms and conditions specified by the town, as set forth
in a specimen copy of a letter of credit that has been approved by
the Planning Board Attorney, which copy is on file in the Town Clerk's
office. Unless otherwise required by the town, recreation fees and
engineering review fees are not to be included in the letter of credit
and must be paid to the Town prior to the issuance of a building permit
or prior to establishing a date for a public hearing where necessary.
In such instances where the appropriate Town authority requires that
the letter of credit include provision for engineering review fees
and/or the cost of Town inspection of improvements to be dedicated,
the said letter of credit shall expressly direct the bank holding
said letter of credit to pay such engineering fees to the town.
(2)Â
The letter of credit shall be constituted so that,
administratively and legally, the funds may be withdrawn by the Town
upon certification by the Town officer, employee or agent responsible
for accepting the construction for dedication that there is reasonable
cause to utilize such funds; and after appropriate action by resolution
by the Town legislative body authorizing the removal and use of such
funds for such appropriate purpose.
(3)Â
The letter of credit amount shall include funds necessary
for the costs incurred by the Town for construction observation, Town
Engineer's advisory services during construction and surveys and testing
necessary to assure completeness and satisfactory quality of the work.
(4)Â
The construction observation items shall include sufficient
allowance for Town inspection of facilities and improvements to be
dedicated. All engineering services related to the construction stage
that have not been paid from the letter of credit shall be charged
directly to the developer. A certificate of occupancy shall not be
issued by the Town until such charges have been paid to the town.
(5)Â
The letter of credit shall be so written to allow
the Town to draw from the funds to perform any and all work if the
developer does not diligently, systematically and expeditiously perform
the work.
(6)Â
Developer nonperformance. If the developer fails to
perform in accordance with the Town standards and specifications or
the site plan, then the Town shall give written notice of such failure,
and the developer shall have a reasonable time not to exceed 10 calendar
days to properly perform as provided for in such notice. Failure of
the developer to so correct and perform the work within such reasonable
time, in no event to exceed 15 calendar days from receipt of such
notices, authorizes the Town to perform and properly complete such
items contained in such notice forthwith and to be reimbursed for
the cost thereof under the letter of credit of the developer to the
Town in place and instead of the developer, as if the funds under
such letter of credit were advanced to the developer. The developer
will provide for such authority in the letter of credit.
(7)Â
Issuer of letter of credit. Such letter of credit
shall be issued by a bank or a bonding or surety company or by the
owner/developer with security acceptable to the Town Board, and shall
be approved by the Town Board and the Attorney for the Town as to
form, sufficiency and manner of execution.
(8)Â
Material certification. Before the final release of
the letter of credit, the developer must submit to the Town a certification
of materials used for the construction of, but not limited to, the
following: sanitary sewer, storm sewer, road material and any additional
material which may be required by the Town or Town Engineer.
C.Â
Release of moneys. The Town may release from the letter
of credit, upon satisfactory and approved installation of the sanitary
and storm sewers, 60% of the money allocated for these items in the
letter of credit. After approved lamping, leakage testing, cleaning
and sealing of manholes, an additional 40% of the money set aside
shall be released. Sewers may not be tested and lamped until the completion
of rough road boxing, but shall be done prior to the placement of
road materials. Any pipe repair work must be done in an approved manner
by using acceptable patented repair sleeves or by removing and replacing
damaged pipe. Repairs to sanitary sewers by using concrete patches
or other inferior workmanship will not be permitted.
D.Â
Contingencies.
(1)Â
The contingency item (10%) is intended to cover unforeseen
costs from any extras or changes in quantities or types of materials
used on the project.
(2)Â
The contingency amount can be used at the town's discretion
to reimburse the construction observation account or cover the cost
of overruns that occur on the project.
E.Â
Contingencies and owner's guarantee. The owner's guarantee
(5%) assures the Town of funds to cover the legal and engineering
costs or other costs incurred from the transfer of the contract to
another contractor for completion. This combined amount (15%) also
constitutes a control figure which guarantees that certain items are
completed, which include: survey monuments in place, as-built maps
delivered, warranty bond established, final inspection completed and
final acceptance by the Town of public improvements has been made.
F.Â
Letter of credit renewal. The letter of credit is
to be renewed yearly. That is, renewal is required one year from the
date the letter is established, and each year thereafter that the
project is active. Prior to each renewal date, the prices quoted in
the letter shall be reviewed by the Town Engineer. An increase in
the letter of credit dollar amount may be required before renewal
is permitted, to reflect current construction costs. The developer
must take this into account at each yearly review period and shall
submit, 30 days prior to the expiration date, an estimate of remaining
work to establish a new letter of credit amount.
G.Â
Retainage. On each construction statement seeking
release of funds under the letter of credit, an amount equal to 10%
of the work in place shall be retained to cover the cost of cleanup,
manhole frame adjustments, finish grading, lateral staking, etc. In
general, the 10% retainage shall be taken on sections: sanitary facilities;
storm sewers; road grading and pavements; miscellaneous (such items
as erosion and dust control, landscaping and siltation facilities).
In general, no retainage is necessary for such miscellaneous items
as engineering, construction observation, mass grading, contingencies,
as-built maps and monumentation once these items have been completed.
A.Â
Amount.
(1)Â
Upon completion of the required work under the letter
of credit, a maintenance security shall be established.
(2)Â
All maintenance security amounts shall be for 10%
of the original letter of credit, but no maintenance security shall
be for an amount less than $1,000 (face value). If separate bonds
are submitted, each will be a minimum of $1,000.
B.Â
Term. In as much as weather conditions dictate practicality
of performance as well as accessibility for appropriate inspection
of the improvements, all maintenance bonds shall commence no earlier
than June 1 or later than October 1 and expire two years thereafter.
C.Â
If the developer chooses, maintenance securities may
be established at the completion of the facilities or improvements
listed below:
D.Â
If the entire project is not completed in a timely
manner, the Town has the right to ask for subsequent extensions of
the initial maintenance securities.
E.Â
Permitted number of maintenance securities. Maintenance
securities need not be written to include all dedicated facilities
and improvements in one check. But no more than three maintenance
securities for one subdivision section will be acceptable.
A.Â
An offer of dedication of any street, highway or right-of-way,
or any parkland, playground area, easement or conservation area, or
any utility or improvement thereof, by an owner/developer shall be
as prescribed by the statutes of the State of New York and subject
to approval by the Town Board and Town Highway Superintendent and
as to form by the Attorney for the town.
B.Â
If a road or street intended for dedication is part
of a subdivision development, consideration for dedication of said
road or street or portion thereof will be made only and after the
following conditions have been met:
(1)Â
The applicant has petitioned to dedicate the road
and the deed of dedication is completed before final approval of the
development.
(2)Â
The development or section as originally approved
by the Town is substantially completed, i.e., at least 75% of the
homes be completed and occupied.
(3)Â
The road is inspected and the standards set forth
in the design criteria and construction specifications for all improvements
have been met and approved by the Town Engineer.
(4)Â
The Town will require security for the entire road
or portion thereof or other improvements in the form of a letter of
credit and a maintenance security in an amount and for a length of
time to be established by the Town Board and the Town Engineer.
(5)Â
That when a subdivision has received Town approval
to be developed and constructed in phases, a road or street in a single
phase of the development that is substantially completed may be considered
for dedication at that time.
(6)Â
Road dedication will be contingent on bond.
C.Â
Road tops and release of moneys. No road tops shall
be constructed and no moneys released from the letter of credit between
November and April.
D.Â
Interim maintenance. In order to provide for the health,
safety and general welfare of the residents who reside on a road or
street intended for eventual dedication, the Town of Riga will consider,
subject to an agreement executed by both parties, providing such services
as snowplowing to permit the safe passage of emergency vehicles and
school buses, prior to the final completion and/or approval by the
Town Engineer. The Town may require that a temporary turnaround for
these vehicles be provided, that a program of erosion and dust control
be followed and that whenever possible a secondary or work road be
used for construction-related vehicles during the construction of
the remaining homes in the subdivision development.
A.Â
Town Engineer. The Town Engineer shall be responsible
for:
(1)Â
The review of street layout and storm drainage.
(2)Â
The review of utilities and all matters relative to
design criteria.
(3)Â
Making recommendations as to special conditions.
(4)Â
The review and approval of the developer's engineer's
estimate of the cost of improvements.
(5)Â
The review and approval of the developer's request
for release of funds from the amount held under letter of credit or
escrow account.
(6)Â
Construction observation for dedicated facilities.
(7)Â
Making inspection of pavement and gutters prior to
termination of the warranty period and reporting findings to the developer,
Town Clerk and Town Attorney.
(8)Â
Making subsequent inspection and approval as necessary.
C.Â
Planning Board Secretary. The Planning Board Secretary
shall:
D.Â
Superintendent of Highways. The Superintendent of
Highways shall:
(1)Â
Together with the Town Engineer, review plans for
streets, catch basins and storm drainage, stormwater detention basins,
sidewalks, gutters, trees and landscaping, driveway cuts and snowplowing
procedure.
(2)Â
Review and approve street and drainage layout and
construction, especially as related to driveway cut locations, snowplowing
procedures, lighting and pavement drainage.
(3)Â
Accompany the Town Engineer on inspection of pavement
and gutters prior to termination of the warranty period.
E.Â
Sewer Department. No department exists. Plans are
to be reviewed by the authority having jurisdiction over sanitary
sewers, the Monroe County Health Department and/or the Town Engineer.
F.Â
Fire Commissioner. The Fire Commissioner shall:
(1)Â
Review plans for sufficient maneuvering room of fire
protection vehicles.
(2)Â
Make comments, i.e., proper posting of street numbers
for verification of building identification.
(3)Â
Review plans for adequate water supply for fire protection.
(4)Â
Have the opportunity to dry-run through the development
prior to occupancy.
G.Â
Planning Board Attorney. The Planning Board Attorney
shall review necessary legal papers for dedication and easements,
letter of credit, surety and formation of special districts.
H.Â
Supervisor. The Supervisor shall receive and review
the developer's final estimate of the cost of improvements. The Supervisor
is the fiscal officer for release of letters of credit.
B.Â
Construction schedule. As part of the plan submission,
the developer shall indicate his proposed construction timetable in
writing to the Planning Board.
C.Â
Building permits. No building permit for any permanent
building within a subdivision shall be issued by the Building Inspector
until after the record sheet of the subdivision plat has been approved
by the Planning Board and has been filed in the office of the Monroe
County Clerk. Where a permit is desired for the occupancy of a building
in the subdivision prior to the completion of all of the improvements
shown on the approved construction sheet of the subdivision plat,
in addition to the other requirements of the Building Inspector, the
road/driveway and utilities serving the building shall be completed
to a degree satisfactory to the Town Engineer.
D.Â
Adjoined drives. The Town will consider on a case
by case basis a developer's proposal to construct and maintain access
to more than one lot by use of adjoining driveways. However, where
more than two units are served by the adjoined drive, the developer
will be required to construct the roadway to at least the minimum
specifications of the Town for a minor street section.
E.Â
Safety and health conditions.
(1)Â
The developer and his contractor shall comply with
all state, federal and local safety laws and requirements.
(2)Â
The Town and its agents will not be responsible for
and will not have control or charge of construction means, methods,
techniques, sequences or procedures, or for safety precautions and
programs in connection with the work.
F.Â
State environmental quality review (SEQR). Most projects
designed and constructed according to these procedures are subject
to review under the State Environmental Quality Review Act. It shall
be the town's responsibility to ensure that the SEQR review has been
fully completed prior to the issuance of any approvals. Adherence
to these construction requirements may be considered an appropriate
mitigation for some types of on-site and off-site potential development
impacts.
G.Â
Relationship to other agency permit requirements.
It shall be the developer's responsibility to obtain and to notify
the Planning Board and Town Engineer of other agency development permits
and permit conditions prior to approval of plans by the Planning Board,
where possible. Where more detailed plans than those submitted to
the Planning Board are necessary for other agency approval, the permits
shall be obtained before construction and the Planning Board and Town
Engineer shall be provided a copy of the permit and a list of permit
conditions.
H.Â
Conflicting regulations. In the event of any conflict
or inconsistency between the requirements contained in these regulations
and any provision of the Subdivision Regulations or Zoning Law of
the Town of Riga,[2] the developer shall bring the alleged conflict or inconsistency
to the attention of the Town Planning Board, which shall make the
determination as to the applicable requirements. In the absence of
any such determination, the most restrictive requirement shall control.
[Amended 2-9-2004 by L.L. No. 1-2004]
I.Â
Special drawing details and notes. The following shall
be shown on the drawing:
(1)Â
The location of the proposed house, driveway, water
supply, structure or addition, leach field location and public road
center line elevation.
(a)Â
The statements set out in § 38-4 as Notes 4 through 9 under "General Plan Notes" shall be included on the drawings.
[Amended 2-9-2004 by L.L. No. 1-2004]
(b)Â
A change in house location not exceeding 10 feet from
the approved plan, and not in violation of any existing code and not
affecting the leach field may be approved by the Building Inspector
in the field.
(c)Â
House elevation shall show both pad elevation (finished
grade) and first-floor elevation. Enclose the pad elevation within
a block located at each front house corner.
(d)Â
The Planning Board has the option to request a deep-hole
test in the basement area when in their judgment the soil, water and
rock conditions warrant.
(2)Â
All existing structures, abandoned foundations, wooded
areas, streams, floodplains, hydrants, telephone poles with identification
numbers and other significant features which are in the proposed subdivision
and within 250 feet of the subdivision including septic systems and
wells on adjacent properties.
(3)Â
Owners' names and tax account numbers and house numbers
of all adjacent property owners that border on the proposed subdivision.
(4)Â
Topographic contours, both existing and proposed,
are to be shown at intervals of one foot, except in instances of a
steep grade of 6% or more, then intervals are to be every five feet;
contour lines are to extend 200 feet on all sides of the proposed
subdivision.
(5)Â
The proposed pattern of layout of lots, with dimensions
and bearings and angles, driveways, streets, recreation and green
areas, drainage systems, septic systems and water supply within the
proposed subdivision.
(6)Â
Proposed and existing buildings and all setback lines
and dimensions, front, side and rear, as defined in this code.
(7)Â
An actual field survey of the boundary lines of the
tract, giving complete descriptive data by bearing and distances,
made and certified to by a licensed land surveyor. The corners of
the tract shall also be indicated on the ground and marked by monuments
as approved by the Town Engineer and shall be referenced and shown
on the plan.
J.Â
System designs.
(1)Â
Sanitary sewage systems.
(a)Â
Provide location and details of sewage disposal system
as required by the Monroe County Health Department and the Town Engineer.
(b)Â
Public service. Show the location of the sewer outfall
and the depth below the surface at the house foundation. Show the
proposed location of the sewer line to the connection point at the
street.
(c)Â
Private service.
[1]Â
Show the location of the leach field and indicate
the depth of outfall at the house, and the length and quantity of
leach lines. Provide a detailed drawing of the septic tank and show
the leach field detail, both lateral and longitudinal.
[2]Â
The Planning Board recommends that the leach
field be located in front of the house.
[3]Â
Show the location of future public service connection.
[5]Â
Deep hole test data is to include:
[a]Â
The date of the test.
[b]Â
The location of the test holes.
[c]Â
The type of soil and thickness of each layer.
[d]Â
The level of mineral deposits; if no mineral
deposits are encountered, state "none."
[e]Â
The level of groundwater; if no groundwater
is encountered, state "none."
[f]Â
The level of solid rock; if no solid rock is
encountered, state "none."
(d)Â
Septic system notes are to include:
[1]Â
A statement attesting to the bedroom-size house
the proposed system will support.
[2]Â
That leach field location is to be not less
than 20 feet from any building and not less than 10 feet to any property
line.
[3]Â
That septic tank location is to be not less
than 10 feet from any building.
[4]Â
That no parking or driving is allowed in the
septic disposal area.
[5]Â
That no cut or fill exceeding one foot shall
be allowed in the leach field area.
[6]Â
That laundry tubs are to discharge to the septic
tank, via a pump if required.
[7]Â
That septic tank system effluent shall not infiltrate
or be discharged to a highway drainage ditch or storm drain.
[8]Â
The type of system to be used, i.e., raised
fill, etc.
(2)Â
Water system.
(a)Â
Public service.
[1]Â
Show location, length and size of the waterline
from the house to the point of connection at the street.
[2]Â
Provide calculation data for water pressure
and volume at the house on waterlines in excess of 100 feet long.
[3]Â
Provide hydraulic flow test data.
[4]Â
The developer shall extend the public waterline
to the end of the proposed development.
[5]Â
Any extensions of waterlines to service a proposed
project shall address the quantity and location of fire hydrants along
the extended lines and to provide a hydrant at each five-hundred-foot
interval.
[6]Â
The developer shall design the tract water system
to include an internal and external closed loop to preclude loss of
water service in the event of a line rupture.
(b)Â
Private service. Where water is to be supplied by
well, a general note shall state that the Town of Riga is not responsible
for quality and quantity of water.
(3)Â
Public roads.
(a)Â
Roads to be dedicated to the Town are to be constructed
to meet Town standards.
(b)Â
The developer shall be responsible for providing and
installing street signs in accordance with Town specifications.
(c)Â
Dead-end streets are to be designed with a cul-de-sac
of a diameter to meet Town specifications.
(d)Â
Dead-end streets shall be limited in length to five
times the minimum lot width required by the Zoning Law for the lots
serviced by the dead-end street, not including the required cul-de-sac
or turnaround.
[Amended 2-9-2004 by L.L. No. 1-2004]
(e)Â
A stub street left for future street connections shall
be paved and constructed to Town specifications unless otherwise specified
by the Planning Board.
(f)Â
All roads must be installed to Town specifications
up to the first course of blacktop binder and all utilities installed
prior to issuance of any certificate.
(g)Â
The developer of a major subdivision shall provide
and install streetlights to Town standards. Streetlight poles are
to be dedicated to the Town of Riga.
(h)Â
The drawing shall include the road construction profile
for the entire length of road.
(i)Â
All roadside ditches in excess of 21/2 feet depth
may require, at the discretion of the Highway Superintendent, that
the entire frontage be piped.
(4)Â
Driveways.
(a)Â
The design shall provide for the curb cut location.
(b)Â
The developer shall be responsible for location and
installation of the driveway culvert and cleaning of the roadside
ditch to assure free flow.
(c)Â
When it is required to join driveways of adjacent
properties, the developer will establish an agreement to assure maintenance
and upkeep of the common driveway and said agreement must be provided
by the developer prior to the issuance of a building permit.
(d)Â
Each driveway shall be provided with a vehicle turnaround
when deemed necessary by the Planning Board.
(5)Â
Drainage.
(a)Â
Easements may be required by the Planning Board for
drainage, stormwater disposal and environmental protection purposes,
as provided for in the zoning and/or subdivision regulations of the
town,[3] or drainage patterns on the property (either present or
proposed) would, in the estimation of the Planning Board, affect drainage
and stormwater disposal.
(b)Â
The proposed design shall indicate the location of
ditches and/or swales. When determined by the Planning Board or Town
Engineer, swale or ditch profiles or cross section profiles that clarify
the proposed construction shall be provided.
(c)Â
The direction of drainage flow shall be indicated
by arrows and away from houses, sewage systems and adjacent properties.
(d)Â
The drainage shall indicate the location of flood
areas, wetlands and one-hundred-foot buffer zone. Such areas shall
be flagged by the DEC. Elevations for these are to be defined by a
heavier printed line.
(e)Â
The developer must show drainage to a bed and bank
stream on a two-hundred-foot scale map.
(f)Â
When berms are required to screen the proposed development
from road traffic, such berms are to be installed, seeded and planted
prior to the issuance of a building permit. Height, configuration
and location of berms is to be determined by the Planning Board and
recommendation of the Highway Superintendent.
(g)Â
General notes shall provide the following:
[1]Â
Roof leaders shall be piped to the street storm
system, in major subdivisions.
[2]Â
A statement specifying direction and distance
from the proposed project to the nearest bed and bank stream.
[3]Â
No portion of drainage shall be directed across
a leach field.
[4]Â
Lot line swales are to be constructed and operable
prior to the issuance of a certificate of occupancy.
[5]Â
The driveway culvert is to be furnished and
placed by the developer of a size and type approved by the Highway
Superintendent.
[6]Â
The developer shall provide for erosion control
barriers during construction and for removal of the same after grading
and seeding has been established or as determined by the Town Engineer.
[7]Â
Detention/retention ponds or areas shall be
graded and seeded after the lot(s) have been final graded. Where necessary
for a pond to function properly, excess silt will be removed by the
developer. Detention ponds are to be provided with a four-foot wide
concrete gutter from inlet to outlet through the center of the pond
area.
(6)Â
Easements.
(a)Â
Easements to be granted to the Town of Riga for any
proposed subdivision must be prepared and presented to the Planning
Board Attorney prior to final approval of the project.
(b)Â
Easements on streams within an Environmental Protection Overlay District (EPOD) shall comply with the requirements of the Zoning Law, § 95-24.
[Amended 2-9-2004 by L.L. No. 1-2004]
(c)Â
All easements granted to the Town must have an access
to a dedicated street, where possible.
The developer's contractor shall be responsible
for the following, in addition to requirements elsewhere in the regulations:
A.Â
The contractor shall be required to clean mud and
debris from public roads and rights-of-way servicing the construction
site, during and after the completion of the project, to be enforced
by the Building Inspector.
B.Â
On large projects constructed in phases, the contractor
shall not operate construction equipment on completed roads. A haul
road shall be provided for construction equipment. The contractor/developer
shall be responsible for all site and road work damaged by the contractor/developer
and to be repaired by the contractor/developer prior to dedication
to the town.
C.Â
Where the only access to the project is via an existing
dedicated road, the contractor/developer shall request permission
from the Town Board to use the road for construction access, and a
letter of credit be provided to cover damage to the road by construction
vehicles.
D.Â
To assure compliance with road specifications, the
Highway Superintendent and/or Town Engineer may require core samples
which the contractor may supply from locations as specified by the
Highway Superintendent and/or Town Engineer.
E.Â
The contractor shall notify utility agencies prior
to any excavations and request such utility to stake out water, gas,
electric and/or buried telephone lines or cables.
F.Â
When road cuts are required for installation of utilities
under existing dedicated streets, backfill shall be compacted to 95%
compaction and shall be approved by the Town Engineer prior to resurfacing.
Alternative methods to compaction must be approved by the Town Engineer.
G.Â
The contractor shall use due caution in protecting
property markers and all elevation survey stakes.