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.
[Amended 3-16-2016 by L.L. No. 2-2016]
A. 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.
B. Inspection costs.
(1) The applicant shall be responsible for the actual
cost of full-time inspection.
(2) The applicant shall deposit an amount equal to 5%
of proposed construction costs for each improvement.
(3) 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.
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.