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Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[Adopted 4-11-2005 by L.L. No. 2-2005]
No person, firm, corporation or other entity shall connect a driveway or other point of entry onto a Town, county or state right-of-way within the Town of Wheatfield without first obtaining a permit from the Town of Wheatfield Highway Department.
The applicant shall keep in good repair all pipes, hydrants or appurtenances which may be placed within the bounds of the highway under terms of this permit and shall save the Town harmless from all claims and damages which may occur by reason of their location on the highway and upon notice by the Highway Superintendent, who agrees to make any repairs required for the protection and preservation of the highway, and further agrees that, upon the failure of the applicant to make such repairs, they may be made by the Highway Superintendent at the expense of the applicant; and such expense shall be a prior lien upon the land benefited by the use of the highway for such pipes, hydrants or appurtenances.
A. 
If the work performed is on a road which has been approved by state aid, in no case shall the pavement be disturbed. Upon completion of the work, the highway shall be left in as good a condition as before the work was performed and to the satisfaction of the Highway Superintendent.
B. 
If work is being performed on a county or state road, a permit must be obtained from the property's authority first. A Town curb cut permit is required for work beyond the right-of-way. The applicant must show the permit from the county or state agency to obtain the Town permit.
The applicant hereby agrees to hold the Town of Wheatfield harmless on account of damages of any kind which may arise during the progress of the work authorized by the permit or by reason thereof. The applicant certifies that all persons concerned with actual work under the permit are duly covered by workmen's compensation insurance and the Town of Wheatfield shall be held harmless on account thereof.
A. 
Failure to comply with the above requirements will be considered a violation of this and other conditions as set forth in the approved permit.
B. 
The Highway Superintendent may, upon the failure of the applicant to comply with any of the conditions contained herein, revoke this permit.
A. 
Applicant shall notify the Highway Superintendent 24 hours before any work begins.
B. 
The Highway Superintendent or his designee shall make inspection after the curb is cut to ensure the curb is cut properly and that driveway stone of at least six inches of no smaller than No. 3 stone for the base is installed from the road to the location of the intended site work.
C. 
The Highway Superintendent or his designee shall make a final inspection after the driveway is complete to ensure all work has been satisfactorily completed.
D. 
No building permit shall be issued without submittal of a curb cut permit with a first inspection approval.
E. 
No certificate of occupancy shall be issued without submittal of a curb cut permit with a final inspection approval.
F. 
The Town of Wheatfield Town Board shall from time to time set a fee for the cost of the permit.