Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans 12-28-1972 by L.L. No. 5-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 70.
Electrical inspections — See Ch. 92.
Excavations — See Ch. 101.
Fees — See Ch. 106.
Notification of defects — See Ch. 140.
Plumbing — See Ch. 147.
Streets and sidewalks — See Ch. 175.
Water — See Ch. 196.

§ 151-1 Title.

This chapter shall be known as the "Public Improvement Law of the Town of Evans."

§ 151-2 Purpose.

The purpose of this chapter is to regulate the construction of public improvements in the Town of Evans, Erie County, New York, by any person, corporation or partnership and to establish fees for inspection of such improvements.

§ 151-3 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
FEE PURPOSES
For the purpose of unqualified ownership and power of disposition only.
PUBLIC IMPROVEMENTS
The installation or construction of highways, sidewalks, drainage systems, sewer systems, water systems and like systems upon real property in the Town for use of the general public.
TOWN OFFICER
The person or persons appointed or designated by the Town Board whose responsibility is the maintenance of said improvement.
TOWN SPECIFICATIONS
The written rules, regulations, specifications and/or agreements of approved development plot plans of the Town Board or Town departments in charge of such public improvements. The specifications shall include the type of materials to be used, the methods to be used in installing said materials, the safe procedures to follow, the minimum requirements for easements and rights-of-way to be turned over to the Town and any other items of public interest involving compliance with this chapter.

§ 151-4 Permit required; application; maps and surveys.

A. 
No person, firm, association or corporation shall install, construct or perform any work incident to the installation and/or construction of any public improvement upon real property in the Town without first having obtained a permit. These permits are to be issued by the Town Clerk, with the approval of the Town Board, after certification by the designated Town officer that the plans and specifications, as submitted by the applicant, comply with the specifications and requirements of the Town and by the Town Attorney that the bonds and other legal requirements are met.
B. 
The applications for such permit shall be made on forms furnished by the Town. They shall contain such information as the designated Town officer of the Town shall require to determine that the proposed improvement will conform to the specifications and requirements of the Town for such proposed improvement.
C. 
Prior to the undertaking of any public improvement project, the proposed developer or contractor must provide five copies of a map or survey and proposed plans and specifications prepared by an engineer duly licensed by the State of New York and comply with all other provisions of Town law and other applicable laws.[1]
[Amended 11-20-1991 by L.L. No. 15-1991]
[1]
Editor's Note: Original § 15B-5, Specification and requirements supplied, which immediately followed this section, was repealed at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 151-5 Project fee; inspections.

[Amended 11-20-1991 by L.L. No. 15-1991; 12-15-1993 by L.L. No. 13-1993]
Such developer shall also pay a public improvement project fee to the Town of Evans, which fee shall be set by resolution of the Town Board and as set forth in Chapter 106, Fees.

§ 151-6 Bond required.

No permit shall be issued until the applicant has delivered to the Town cash or surety bond, executed by a solvent surety corporation authorized to do business in the State of New York, in a sum equal to the cost of the work to be performed. Such bond shall be approved by the Town Board. Such bond or cash deposit shall remain in full force and effect until the certificate of completion and satisfactory compliance with this chapter shall have been issued by the designated Town officer. In the event that the holder of such permit shall fail, within one year, or refuse to comply with the provisions of this chapter, the above bond or cash shall be forfeited to the Town. In the event that such improvement is not completed and accepted by the Town within one year from the deposit of such moneys, an application may be made to the Town Board for an extension of such time period. Said extension may be granted at the discretion of the Town Board. Automatic forfeiture of the moneys on deposit shall result if the time limit expires without the granting of an extension. Before any more moneys are so placed in escrow, the person depositing the same shall acknowledge the terms of this chapter upon a form prescribed by the Town Board.

§ 151-7 Conditions of acceptance.

A. 
Where a working easement is necessary for future maintenance, said easement shall be secured in the name of the Town before any work is started.
B. 
Before any work is started upon or within any street, a deed for said street must be accepted by the Town. The deed shall contain a statement that said street is accepted for fee purposes only and that the Town does not accept the same for maintenance purposes.
C. 
Upon completion of construction of all improvements in or upon any street and upon receipt of necessary maintenance bonds and the issuance of a certificate of completion and satisfactory compliance of all improvements, in accordance with this chapter, the Town Board, after receipt of a letter recommending acceptance of said street for maintenance purposes from the Highway Superintendent, shall accept said street or highway. Upon Town Board acceptance, the Town Clerk shall file an affidavit reciting and certifying the acceptance of said street and all improvements therein.
D. 
Before the Town Board shall accept any improvements for maintenance purposes, the permit holder must satisfy the Town Board that all improvements have been paid for and shall protect the Town from all liens. He shall also furnish a maintenance bond for two years beyond acceptance in the amount of 50% of the total value of each improvement to be accepted or dedicated for public use.
E. 
The Town Board shall not accept conveyances of any public improvement project unless all of the provisions of this chapter are complied with fully.
[Amended 11-20-1991 by L.L. No. 15-1991]
F. 
Following the completion of the public improvement project, four sets of as-built drawings shall be supplied to the Town, at no cost to the Town.
[Added 11-20-1991 by L.L. No. 15-1991]

§ 151-8 Fees; escrow.

[Amended 11-20-1991 by L.L. No. 15-1991; 12-15-1993 by L.L. No. 13-1993]
The Town Board of the Town of Evans hereby adopts a fee schedule which shall be set by resolution of the Town Board and as set forth in Chapter 106, Fees. This schedule shall be subject to further review and modification from time to time. The Town Engineer shall approve estimated construction costs at final plat approval.[1]
[1]
Editor's Note: Original § 15B-9B, which immediately followed this section and provided for a permit fee due upon application, was repealed at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 151-9 Penalties for offenses.

A. 
A violation of this chapter is hereby declared to be a violation punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both.
[Amended 12-15-1993 by L.L. No. 13-1993]
B. 
Upon notice by the designated Town officer, the violator of this chapter shall have 10 days to comply with said notice. Each week's continued violation shall constitute a separate additional violation and shall be punishable as herein provided.
C. 
In addition to the foregoing remedies, the Town may institute any appropriate action or proceeding to prevent, correct or restrain any violation of this chapter.

§ 151-10 Conflict with other regulations.

In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to promote and protect public health, safety, comfort, convenience, prosperity and other aspects of the general welfare. Whenever any provision of this chapter is at variance or in conflict with any other provision hereof or any other statute, local ordinance or regulation covering any of the same subject matter, the more restrictive provision, or the one imposing the higher standard, shall govern.