Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wheatfield 1-18-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Plumbing — See Ch. 130.
Sewers — See Ch. 146.
Streets and sidewalks — See Ch. 165.
Subdivision of land — See Ch. 169.
Water — See Ch. 194.
Zoning — See Ch. 200.

§ 138-1 Standard specifications; permit required.

A. 
The Town or designee will prepare a standard specification for the design and construction of improvements within the Town of Wheatfield and submit the same to the Town Board for its approval by resolution. No construction shall take place within the Town unless and until a public improvement permit is issued.
B. 
The standard specifications may be amended from time to time either by recommendation of the Town Engineer to the Town Board and then adopted by Town Board resolution or by the Town Board adopting such amendments as it deems necessary by resolution.
C. 
The standard specification will cover and pertain to the following: standard general conditions for engineering construction, special conditions, excavation, trenching and backfilling for utility systems, sanitary sewers and sewer pipes, sanitary sewers and sewer structures, waterlines, pavement, structural concrete, masonry, sidewalks, storm drainage and standard details and such other standard specifications as the Town Board deems appropriate.

§ 138-2 Review of design plan; compensation for Town Engineer.

A. 
The Town Engineer shall furnish additional engineering services in terms of additional review of design drawings; the Town Engineer shall receive additional compensation for these services. The Town Engineer shall review design drawings to determine their compliance with Chapter 169, Subdivision of Land, standard specifications and generally accepted engineering design practices.
B. 
The Town Engineer's compensation shall be paid by the developer according to the fee schedule established by the Town Board by resolution. This fee schedule may be changed by Town Board resolution.[1]
[1]
Editor's Note: A fee schedule is on file at the office of the Town Clerk.
C. 
The amount will be held by the Town and disbursed to the Town Engineer upon submittal of an itemized schedule of work performed under such review.
D. 
This amount will cover an initial review and one subsequent review.
E. 
In the event that the amount held in escrow by the Town is more than the amount billed by the Town Engineer, the Town will return any such unused funds to the developer.
F. 
If additional expenses are requested by the Town Engineer for the third or additional reviews, such expenses shall be approved by the Town Board upon recommendation by the department heads of the Highway, Sewer, Building and Water Departments.

§ 138-3 Filing of required permits; sketch plan.

A. 
Any person or persons who intend to develop or improve properties within the Town of Wheatfield must follow the appropriate Town, county, state and federal regulations.
B. 
The entire process shall begin by following Chapter 169, Subdivision of Land, the standard specification and the public improvement permit program. The first step in the process is the submission of a sketch plan to the Town of Wheatfield Planning Board.
C. 
After the appropriate Town and associated reviewing agencies have given their approval for the proposed development and at least 30 days prior to commencing any construction of all required improvements, the developer or owner shall file public improvement permits with the Town Clerk.
D. 
In the Town of Wheatfield, a typical subdivision shall have the following permits:
(1) 
Waterline.
(2) 
Sanitary sewer.
(3) 
Storm sewer and drainage.[1]
[1]
Editor's Note: See also Ch. 82, Drainage.
(4) 
Road, paving and curbing.
(5) 
Backyard and side yard drainage.
E. 
Each of the permits in Subsection D above shall be public improvement permits except for the backyard and side yard drainage.

§ 138-4 Issuance of permit; fees; bond; supervision of improvements; Town Board acceptance.

A. 
The subdivider, developer or owner shall submit an application describing the proposed improvement along with the following:
(1) 
Seven copies of all plans and specifications along with all proper approvals from the appropriate Town, county and state agencies. The plans shall be stamped indicating each appropriate agency approval. In addition, one Mylar of all plans must be submitted.
(2) 
The required performance bonds naming the Town as obligee and proof of liability and builders' risk insurance coverage naming the Town and Town Engineer as co-insured. (In lieu of a performance bond, a certified check in the amount required by the bond is acceptable and is held by the Town until the construction is approved and then refunded.)
(3) 
A copy of the estimated cost of construction of the proposed improvement along with documentation of such estimated cost.
B. 
Upon receipt of the above, the Town Engineer will review the application to determine compliance with the Town's standard specifications and will recommend to the Town Board either approval or disapproval.
C. 
If approved, the Town Clerk will issue the public improvement permit allowing construction to begin. Payment will be required at the time of issue for a permit application fee, an inspection fee and for video inspection of the sewer, if deemed necessary. Such fees shall be established by the Town Board by resolution.[1]
[1]
Editor's Note: A fee schedule is on file at the office of the Town Clerk.
D. 
No public improvements permit will be issued until all applicable water and/or sewer tapping fees and/or drainage structure permit fees are paid (see Chapter 82, Drainage; Chapter 146, Sewers; and Chapter 194, Water).
E. 
The fee schedule for the public improvements permit application is established by the Town Board by resolution. This fee will be held by the Town and disbursed to the Town Engineer upon submittal of an itemized schedule of work performed under such permit.
F. 
No work will be performed except under the observation and inspection of the Town Engineer.
G. 
The contractor shall give notice to the Town Engineer at least 24 hours before starting work or before continuing work previously started on any public improvement but delayed for any reason.
H. 
Upon completion of the work authorized by the public improvements permit application, a walk-through inspection will be conducted by the Town Engineers and the respective Town department head(s).
I. 
After such walk-through and the completion of any changes deemed necessary at the time of the walk-through, the Town Engineers will provide the Town with:
(1) 
A certificate of construction compliance at completion of each permit.
(2) 
Sanitary sewer and water main test reports.
(3) 
Niagara County Health Department acceptance of installed facilities.
(4) 
Two paper prints and one Mylar of the as-built condition of installed facility, elevations, locations, etc. Detail sheets are not necessary.
J. 
At the next scheduled Town Board meeting, the Town will accept the installed facilities upon:
(1) 
The Town Engineer approval.
(2) 
Town department approval.
(3) 
Receipt of a two-year maintenance bond from the contractor covering installed facilities.
(4) 
After installation of all utilities, as-built drawings for the private utilities (gas, electric, telephone and cable, etc.) must be submitted by the developer prior to the issuance of any certificates of occupancy. The Town Engineer shall review the as-built drawings and verify that all private utilities are within the easement area, but the Town Engineer shall not be required to inspect any utilities that are not the subject of inspection pursuant to the Town of Wheatfield's Public Improvements Law.
[Added 6-8-2004 by L.L. No. 6-2004; amended 7-7-2004 by L.L. No. 8-2004]
K. 
The Town Board will authorize payment of any moneys remaining for inspection fees to the owner.
L. 
Public utilities are required to provide as-built drawings in new subdivisions.
[Added 9-13-2004 by L.L. No. 9-2004]

§ 138-5 Approval of drainage; fees.

A. 
The owner or developer must submit an application describing the proposed drainage system along with the system's design calculations and construction plans. The plans and calculations will be reviewed by the Town Engineers and approved by the Town Board.
B. 
The developer or owner must certify to the Town Engineer that the drainage system was installed as designed.
C. 
The Town Engineer and department heads, where appropriate, will observe the site to verify compliance with the design and will recommend approval or disapproval of the same to the Town Board.
D. 
Fees for backyard or side yard drainage shall be as set forth from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). A fee schedule is on file in the office of the Town Clerk.
E. 
The downspout and ground connections shall be complied with as regulated in Chapter 130, Plumbing.

§ 138-6 Notice of violation; stop-work order.

The Town Board is hereby authorized to issue a notice of violation and/or a stop-work order to any person engaging in any activity in violation of this chapter or in violation of any permit pursuant to this chapter. Such order shall describe the activity or activities constituting such violations and the penalties therefor and may prohibit all such activities pending review and determination by a court of appropriate jurisdiction. The permittee shall be responsible and bear all costs for the removal and/or replacement work as such to meet the approved design plans and Town standard specifications.

§ 138-7 Penalties for offenses. [1]

Any person who violates any provision of this chapter is guilty of an offense punishable by a fine of not less than $200 nor more than $1,000 or imprisonment for a period not to exceed one year, or both such fine and imprisonment. Each week's continued violation shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).