[HISTORY: Adopted by the Town Board of the Town of Clarence 9-11-1996 by L.L. No. 3-1996; amended in its entirety 3-10-2004 by L.L. No. 4-2004. Subsequent amendments noted where applicable.]
Manufactured housing parks — See Ch. 135.
Sewers — See Ch. 177.
Streets and sidewalks — See Ch. 189.
Subdivision of land — See Ch. 193.
Water — See Ch. 223.
Zoning — See Ch. 229.
Editor's Note: This local law also superseded former Ch. 121, Public Improvements, adopted 12-20-1978.
This chapter shall be known as "Improvements, Public and Private" for the Town of Clarence.
The purpose of this chapter is to regulate the construction of public and private improvements in the Town of Clarence, Erie County, New York, by any person, corporation or partnership and to establish fees for inspection of such improvements.
For the purposes of this chapter the terms used herein are defined as follows:
- PUBLIC IMPROVEMENTS
- The installation or construction of highways, sidewalks, drainage systems, sewer systems, and like systems upon real property in the Town for the use of the general public.
- PRIVATE IMPROVEMENT
- The installation or construction of parking lots, private roads, drainage systems, fire protection mains and sidewalks for commercial, industrial, business or residential open development use upon real property in the Town.
- TOWN SPECIFICATIONS
- The written rules, regulations, Town specifications or other specifications and/or agreements of approved development plans established by resolution of the Town Board. 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.
No public improvement shall be installed or constructed in the Town of Clarence until a public improvement permit has been obtained. Each type of public improvement must be separately noted in the public improvement permit.
No private improvement shall be installed or constructed in the Town of Clarence until a private improvement permit has been obtained. Each type of private improvement must be separately noted in the private improvement permit.
The Town Clerk shall provide each applicant for a public improvement permit with a set of standard specifications and requirements, as determined by the Town Board, for work subject to the provisions of this chapter and for which a charge will be made as per the established schedule.
The applicant for a private improvement permit shall have specifications and requirements designed and sealed by a New York State licensed engineer and approved by the Town Board and Town Engineer.
The public improvement permit is to be issued by the Town Clerk after certification by the Town Engineer that the plans as submitted by the applicant comply with the specifications and requirements of the Town, that all fees and deposits have been made and that all legal, insurance and bond requirements have been met.
The private improvement permit is to be issued by the Town Clerk after certification by the Town Engineer and that all fees and deposits have been made and approvals obtained.
The application for such permit shall be made on forms furnished by the Town and shall contain such information as shall be required to determine that the proposed improvement will conform to the specifications and requirements of the Town and project for such improvements.
All applications shall be accompanied by two complete sets of drawings (prints), details and specifications previously approved, together with specifications of the proposed improvement prepared by a professional engineer duly licensed by the State of New York or a licensed land surveyor under the provisions of § 7208 of the New York Education Law.
[Amended 3-16-2016 by L.L. No. 2-2016]
The permit fee due upon application shall be as established by resolution of the Town Board. Such fees may therefore be amended from time to time by like resolution.
The applicant shall be responsible for the actual cost of full-time inspection.
The applicant shall deposit an amount equal to 5% of proposed construction costs for each improvement.
Upon written request from the applicant, within 60 days of completion, any deposit surplus shall be returned to the applicant; or, if there is a deficit, upon written request from the Town, the applicant shall pay to the Town sufficient additional amounts to pay the actual total cost of inspections.
All applications for public improvement permits shall be accompanied by insurance documentation which specifically lists the Town of Clarence as an additional insured on policies of general liability, auto liability and excess liability in the face amount no less than that which the Town carries for its own coverage.
No work shall be performed except under the supervision and inspection of the Town Engineer or his designee.
The applicant shall provide written notice to the Town Engineer of the intent to proceed on the improvement. The Town Engineer shall authorize the applicant to proceed only upon the Town Engineer's receipt of written verification that all permit requirements remain in effect and after a preconstruction meeting has been held.
Work under this permit shall be completed within one year from the date of permit issuance.
Upon completion of any public improvement, the applicant shall submit a record set of plans to the Town Engineer and a certification signed by the designated inspector setting forth the date(s) of inspections and that the work was done according to project plans and specifications. Upon receipt of such certification, the Town Engineer shall recommend approval or disapproval for acceptance for maintenance of the improvements by the Town.
The applicant shall provide any required easements or rights-of-way to the Town in a form acceptable to the Town Attorney for filing in the Erie County Clerk's office by the applicant. Filing of easements by the applicant with filed copy to the Town Attorney.
The applicant shall furnish a maintenance bond for two years, renewable for an additional two years, beyond acceptance by the Town in an amount equal to 40% of the construction cost for the public improvement(s).
For the public improvements, the applicant shall furnish certification of completion and waiver of all liens, that all construction costs, including inspection fees, have been paid.
Compliance with the provisions of this section shall be a condition precedent to the acceptance of any public improvement by the Town.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both.
Upon notice by the Town Engineer, any applicant deemed to be in violation 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.
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.
The Town Engineer shall issue or cause to be issued a stop-work order for any public or private improvement found ongoing without an improvement permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 121-11 of this chapter.
The Town Engineer shall issue or cause to be issued a stop-work order for any public and private improvement found noncompliant with the provision of this chapter and/or the conditions of the improvement permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 121-11 of this chapter.
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 most restrictive provision or the one imposing the higher standard shall govern.
This chapter shall take effect immediately.