A.
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.
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.
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.
This chapter does not concern itself with control over building design or construction. These matters are covered elsewhere by Town policy and ordinance.
E.
This chapter is divided into four general articles.
(1)
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)
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)
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)
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.
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.
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.
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.
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.
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.
A minimum per unit charge will be paid up front by the developer, along with all other fees, before the map is signed.
G.
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.
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.
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.
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.
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.
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.
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.
Documentation prior to meeting.
(1)
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)
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.
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.
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.
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.
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.
Formal, publicly advertised hearing for final approval.
(1)
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)
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)
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.
The developer is to petition the Town for creation of special improvement districts as appropriate.
L.
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.
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.
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.
Upon approval, the developer will provide an estimate of the cost of improvements for establishing a letter of credit.
P.
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.
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.
Performing construction of utilities.
(1)
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)
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.
Preparation of record plans (as-built). The developer shall submit record plans prior to obtaining final approval of completed works.
T.
Approval of completed works.
(1)
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)
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.
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.
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.
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) | |
|---|---|
| ____ | Subdivision name ______________________________________ |
| ____ | Subdivider's name _____________________________________ |
| ____ | Subdivider's address __________________________________ |
| ____ | Subdivider's phone number _____________________________ |
| ____ | Engineer's name________________________________________ |
| ____ | Engineer's address ____________________________________ |
| ____ | Engineer's phone number _______________________________ |
| ____ | Date of preparation of plans __________________________ |
| Concept layout | ||
|---|---|---|
| ____ | Location sketch. | |
| ____ | North arrows for drawing(s) and location sketch. | |
| ____ | Scale. | |
| ____ | Legend. | |
| ____ | 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. | |
| ____ | 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 | |
| ____ | Benchmark and references. | |
| ____ | Monumentation - bearings and angles. | |
| ____ | 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. | |
| ____ | Lot size - references to conformance with codes. | |
| ____ | Tax account numbers, house numbers and owners' names of parcels adjacent to the proposed subdivision. | |
| ____ | Well and septic system locations adjacent to the proposed subdivision (within 250 feet of the project). | |
| Preliminary and Final Plans | ||
|---|---|---|
| ____ | Pad and finished grade elevations at the house location(s). The finished grade elevations shall be shown in boxes at each house corner. | |
| ____ | Streetlights for large subdivisions. | |
| ____ | Indication of front, side and rear setbacks. | |
| ____ | Indication of existing gas and water mains; proposed locations of new water mains and services. | |
| ____ | 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). | |
| ____ | Leachline inverts shown. | |
| ____ | Septic field location should not interfere with future additions or improvements. | |
| ____ | 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). | |
| ____ | Restrictions, easements, covenants and special use permits indicated. | |
| ____ | 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. | |
| ____ | 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. | Well detail per Monroe County Health Department. |
| ____ | c. | Well water sample is satisfactory to the Monroe County Health Department. |
| ____ | Length and bearings of lot lines and subdivision boundary lines; length of curves, tangent stations and proposed radii. | |
| ____ | Dimensions shall be indicated in feet and decimals thereof. Angle measurements shall be indicated in degrees-minutes-seconds. | |
| ____ | Seal and signature of a licensed engineer. | |
| ____ | Changes are defined, dated and indicated in revision block. | |
| ____ | Results of hydrant flow tests are indicated. | |
| ____ | Soil stockpile areas designated or referenced. | |
| ____ | Documentation for existing and proposed easements. | |
| ____ | Street or road stationing. | |
| ____ | Appropriate standard construction details. | |
| ____ | 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. | (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.
Estimate.
(1)
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)
This shall be submitted to the Town engineer together with a copy of the approved plan. The estimate shall include the following items:
(a)
Construction costs.
(b)
Construction costs increase.
(c)
Contingencies (10%).
(d)
Survey monuments and necessary stake-out.
(e)
As-built map (record plan).
(f)
Street signs.
(g)
Owner's guarantee (5%).
(h)
Construction observation for dedicated facilities (5% minimum).
(i)
Landscaping where applicable.
(j)
Other items as required by town.
B.
Letter of credit.
(1)
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)
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)
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)
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)
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)
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)
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)
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.
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.
Contingencies.
(1)
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)
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.
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.
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.
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.
Amount.
(1)
Upon completion of the required work under the letter of credit, a maintenance security shall be established.
(2)
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.
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.
If the developer chooses, maintenance securities may be established at the completion of the facilities or improvements listed below:
D.
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.
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.
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.
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)
The applicant has petitioned to dedicate the road and the deed of dedication is completed before final approval of the development.
(2)
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)
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)
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)
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)
Road dedication will be contingent on bond.
C.
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.
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.
Town Engineer. The Town Engineer shall be responsible for:
(1)
The review of street layout and storm drainage.
(2)
The review of utilities and all matters relative to design criteria.
(3)
Making recommendations as to special conditions.
(4)
The review and approval of the developer's engineer's estimate of the cost of improvements.
(5)
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)
Construction observation for dedicated facilities.
(7)
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)
Making subsequent inspection and approval as necessary.
C.
Planning Board Secretary. The Planning Board Secretary shall:
D.
Superintendent of Highways. The Superintendent of Highways shall:
(1)
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)
Review and approve street and drainage layout and construction, especially as related to driveway cut locations, snowplowing procedures, lighting and pavement drainage.
(3)
Accompany the Town Engineer on inspection of pavement and gutters prior to termination of the warranty period.
E.
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.
Fire Commissioner. The Fire Commissioner shall:
(1)
Review plans for sufficient maneuvering room of fire protection vehicles.
(2)
Make comments, i.e., proper posting of street numbers for verification of building identification.
(3)
Review plans for adequate water supply for fire protection.
(4)
Have the opportunity to dry-run through the development prior to occupancy.
G.
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.
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.
Construction schedule. As part of the plan submission, the developer shall indicate his proposed construction timetable in writing to the Planning Board.
C.
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.
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.
Safety and health conditions.
(1)
The developer and his contractor shall comply with all state, federal and local safety laws and requirements.
(2)
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.
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.
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.
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.
Special drawing details and notes. The following shall be shown on the drawing:
(1)
The location of the proposed house, driveway, water supply, structure or addition, leach field location and public road center line elevation.
(a)
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)
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)
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)
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)
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)
Owners' names and tax account numbers and house numbers of all adjacent property owners that border on the proposed subdivision.
(4)
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)
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)
Proposed and existing buildings and all setback lines and dimensions, front, side and rear, as defined in this code.
(7)
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.
System designs.
(1)
Sanitary sewage systems.
(a)
Provide location and details of sewage disposal system as required by the Monroe County Health Department and the Town Engineer.
(b)
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)
Private service.
[1]
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]
The Planning Board recommends that the leach field be located in front of the house.
[3]
Show the location of future public service connection.
[5]
Deep hole test data is to include:
[a]
The date of the test.
[b]
The location of the test holes.
[c]
The type of soil and thickness of each layer.
[d]
The level of mineral deposits; if no mineral deposits are encountered, state "none."
[e]
The level of groundwater; if no groundwater is encountered, state "none."
[f]
The level of solid rock; if no solid rock is encountered, state "none."
(d)
Septic system notes are to include:
[1]
A statement attesting to the bedroom-size house the proposed system will support.
[2]
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]
That septic tank location is to be not less than 10 feet from any building.
[4]
That no parking or driving is allowed in the septic disposal area.
[5]
That no cut or fill exceeding one foot shall be allowed in the leach field area.
[6]
That laundry tubs are to discharge to the septic tank, via a pump if required.
[7]
That septic tank system effluent shall not infiltrate or be discharged to a highway drainage ditch or storm drain.
[8]
The type of system to be used, i.e., raised fill, etc.
(2)
Water system.
(a)
Public service.
[1]
Show location, length and size of the waterline from the house to the point of connection at the street.
[2]
Provide calculation data for water pressure and volume at the house on waterlines in excess of 100 feet long.
[3]
Provide hydraulic flow test data.
[4]
The developer shall extend the public waterline to the end of the proposed development.
[5]
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]
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)
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)
Public roads.
(a)
Roads to be dedicated to the Town are to be constructed to meet Town standards.
(b)
The developer shall be responsible for providing and installing street signs in accordance with Town specifications.
(c)
Dead-end streets are to be designed with a cul-de-sac of a diameter to meet Town specifications.
(d)
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)
A stub street left for future street connections shall be paved and constructed to Town specifications unless otherwise specified by the Planning Board.
(f)
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)
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)
The drawing shall include the road construction profile for the entire length of road.
(i)
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)
Driveways.
(a)
The design shall provide for the curb cut location.
(b)
The developer shall be responsible for location and installation of the driveway culvert and cleaning of the roadside ditch to assure free flow.
(c)
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)
Each driveway shall be provided with a vehicle turnaround when deemed necessary by the Planning Board.
(5)
Drainage.
(a)
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)
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)
The direction of drainage flow shall be indicated by arrows and away from houses, sewage systems and adjacent properties.
(d)
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)
The developer must show drainage to a bed and bank stream on a two-hundred-foot scale map.
(f)
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)
General notes shall provide the following:
[1]
Roof leaders shall be piped to the street storm system, in major subdivisions.
[2]
A statement specifying direction and distance from the proposed project to the nearest bed and bank stream.
[3]
No portion of drainage shall be directed across a leach field.
[4]
Lot line swales are to be constructed and operable prior to the issuance of a certificate of occupancy.
[5]
The driveway culvert is to be furnished and placed by the developer of a size and type approved by the Highway Superintendent.
[6]
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]
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)
Easements.
(a)
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)
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)
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.
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.
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.
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.
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.
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.
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.
The contractor shall use due caution in protecting property markers and all elevation survey stakes.
