[HISTORY: Adopted by the Town Board of the Town of Evans 12-28-1972
by L.L. No. 5-1972. Amendments noted where applicable.]
This chapter shall be known as the "Public Improvement Law of the Town
of Evans."
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.
For the purpose of this chapter, the terms used herein are defined as
follows:
For the purpose of unqualified ownership and power of disposition
only.
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.
The person or persons appointed or designated by the Town Board whose
responsibility is the maintenance of said improvement.
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.
A.Â
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.Â
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.Â
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]
[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.
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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]
[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]
A.Â
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.Â
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.Â
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.
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.
