[HISTORY: Adopted by the Town Board of the
Town of West Seneca: Article I, 10-8-1956; Article II, 8-4-1954. Amendments
noted where applicable.]
[Adopted 10-8-1956]
No person, firm, association or corporation
shall install or construct, or perform any work incident to the installation
and/or construction of, any public improvement upon real property
in the Town of West Seneca without first having obtained a permit
therefor, to be issued by the Town Clerk with the approval of the
Town Board after certification by the Town Engineer that the plans
and specifications as submitted by the applicant comply with the specifications
and requirements of the Town of West Seneca. The fee for such permit
shall be the sum of ten dollars ($10.).
A.
The application for such permit shall be made on forms
furnished by the Town of West Seneca and shall contain such information
as the Town Engineer of the Town of West Seneca shall require to determine
that the proposed improvement will conform with the specifications
and requirements of the Town of West Seneca for such proposed improvement.
B.
All applications shall be accompanied by a map or
survey, together with specifications, prepared by a civil engineer
duly licensed by the State of New York or a licensed land surveyor,
two (2) copies of which shall be filed with the Town Engineer and
the Superintendent of Highways and one (1) copy shall be filed with
the Planning Board of the Town of West Seneca, Building Inspector
and the Assessors' office.
C.
The Town Engineer shall provide such applicant with
a set of standard specifications and requirements of the Town of West
Seneca for such work, for which a charge of five dollars ($5.) per
copy shall be made, and no work shall be performed except in accordance
therewith.
A.
No work shall be performed except under the supervision
and inspection of an inspector designated by the Town Board. The wages
or fees of such inspector shall be fixed and paid to the Town of West
Seneca prior to the issuance of such permit.
B.
The contractor shall give notice to the Town Engineer
at least twenty-four (24) hours before starting actual work or before
continuing work previously started but delayed for any reason, and
no work shall be done unless the inspector designated by the town
is present or gives permission in writing for work to continue in
his absence.
A.
If the improvements to be installed or constructed
are upon real property to which the Town of West Seneca has acquired
title or will acquire title in the future, the holder of the permit
or any developer which seeks to ultimately transfer ownership of any
public improvement, including, but not limited to, any street, roadway,
highway, lighting, sewer lines and/or system, and any water lines
and/or systems to the Town of West Seneca, before commencing any work
in connection therewith, shall deliver to the Town of West Seneca
cash or a 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, which bond shall be approved by the Town
of West Seneca, guaranteeing the faithful performance of all work
in accordance with the specifications and requirements of the Town
of West Seneca.
[Amended 6-6-2022 by L.L.
No. 6-2022]
B.
Such bond shall remain in full force and effect until
the certificate of completion and satisfactory compliance with this
Article shall have been issued by the Town Engineer.
C.
In the event that the holder of such permit shall
fail or refuse to comply with the provisions of this Article, the
above-described bond shall be forfeited to the Town of West Seneca.
A.
The holder of a permit shall comply with all the ordinances
of the Town of West Seneca and shall also comply with all laws of
the State of New York now in force or hereafter adopted applicable
to the work to be performed thereunder.
B.
Compliance with the provisions of this Article shall
be a condition precedent to the acceptance of any street, highway
or other public improvement by the Town of West Seneca for the purpose
of maintenance.
Storm drainage shall be provided so that in
no case will surface water be carried on the pavement more than five
hundred (500) feet. The minimum size for storm drain sewers shall
be twelve (12) inches.
Sidewalks are not required, but if placed within
the street right-of-way they shall meet the Town of West Seneca specifications
and be at least four (4) feet back of the face of the curb and shall
not be directly over either sewer or water mains. But if a sidewalk
has been laid in the block, it shall be continued in the same line.
All sidewalks shall be at least four (4) feet wide with a pitch toward
the curb of one-fourth (1/4) inch to one (1) foot. Sidewalks shall
be laid so that the strip of land between sidewalk and curb will have
a slope of one-half (1/2) inch per foot. Sidewalk location and grades
shall be approved or supplied by the Town Engineer.
Before a street or portion thereof shall be
accepted by the Town Board, the developer must satisfy the Board that
all improvements have been paid for and shall protect the town from
any liens. He shall also furnish a maintenance bond for one (1) year
for improvements which he has installed.
Sanitary laterals to main sewer shall be provided
for each lot where sewers now exist so that it shall not be necessary
to open the pavement for sewer connections. Said laterals shall be
adequately plugged so as to prevent the entrance of surface or underground
waters.
Improvements of any nature must be constructed
according to the Town of West Seneca specifications which shall be
established by resolution of the Town Board and must follow approved
plans of the Town Board, and all work must be done under the supervision
of the Town Engineer and/or Highway Superintendent of the Town of
West Seneca.
[Amended 5-18-1987]
Inspection fees have been set at the following
percentage of the cost:
|
Cost
|
Fee
|
|---|---|
|
Under $10,000.00
|
6%
|
|
$10,000.00 to $50,000.00
|
$600.00, plus 5% of the cost over $10,000.00
|
|
All over $50,000.00
|
$2,000.00, plus 4% of the cost over $50,000.00
|
[Adopted 8-4-1954]
A.
Upon the completion of any installation and/or construction
of public improvements upon real property within the Town of West
Seneca, the owners thereof shall submit to the Superintendent of Highways
a descriptive letter containing a description of the installation
or construction completed, covering, for example, the size and length
and type of pipe, mains or sewers, or, for example, the type of construction,
width of actual paved portion, width of highway right-of-way and length
completed.
B.
Said letter must also state and contain an accurate
legal description of the property involved, said description to be
sufficient for recording as a conveyance of real property.
C.
Said letter shall further state that the improvements
have been constructed in accordance with the rules, regulations and
specifications appertaining to the construction of public improvements
in the Town of West Seneca, Erie County, New York. Upon receipt of
such letter, the Highway Superintendent shall then recommend the approval
or disapproval thereof and acceptance for maintenance of the proposal
by the Town of West Seneca.
D.
Said letter shall further contain a statement, signed
by the designated inspector, setting forth the date or dates of inspections,
together with a statement that the work done therein was according
to the plans and specifications filed.
The mere filing of a deed conveying property
to the Town of West Seneca will not in any way obligate the Town of
West Seneca to accept same for maintenance purposes.
Prior to backfilling of any cut containing a
tap into any sewer, water or storm drain excavation, applicant shall
notify the Building Inspector of the Town of West Seneca for an inspection
thereof.
A four- or six-inch plug is required to be sealed
into place with cement at the point where sewer lateral enters a dwelling.
This plug must not be removed until rough plumbing is to be connected
or until the cellar floor is ready to be poured. Application must
be made to the Superintendent of Sewers prior to the breaking of any
lateral plug.
A.
All excavations made within the actual paved portion
of a right-of-way which are more than eight (8) feet in depth may
be backfilled with excavated dirt tamped into place up to a depth
of eight (8) feet. The remainder of said excavation, from a depth
of eight (8) feet to the grade of said hard surface of the road, is
required to be backfilled with 1-10 transit-mixed concrete. On excavations
made in the shoulders adjacent to any hard-surface highway, it shall
be permissible to use bank-run gravel or equal. All such fill must
be tamped into place.
B.
A "shoulder" for the purposes of this Article shall
be defined as to be not less than six (6) feet in width, as measured
from the edge of metal or pavement to the center line of the adjacent
open road ditch. Excavations from the ditch line to the end of the
house lateral shall be backfilled with excavated dirt.
All moneys deposited in escrow with the Town
of West Seneca to ensure the completion of an improvement shall be
deemed to have been forfeited to the Town of West Seneca in the event
that such construction is not completed and accepted by the Town of
West Seneca within one (1) year from the deposit of such moneys. An
application may be made to the Town Board of the Town of West Seneca
for an extension of this time period. Said extension may be granted
at the discretion of the Town Board. Automatic forfeiture of the moneys
on deposit shall result if this time limit expires without the granting
of an extension. Before any moneys are so placed in escrow, the person
depositing same shall acknowledge the terms of this Article upon a
form prescribed by the Superintendent of Highways.
A.
Sewer laterals, storm drain laterals and water connections
to any pipes, mains or other appurtenances located within the bed
of or the proposed bed of the paved portion of any street shall be
made for each lot abutting thereon at the time of the laying of said
mains or pipes and prior to the paving of said street.
B.
Prior to the commencement of construction, the developer
shall furnish to the Town of West Seneca six (6) copies of a map pinpointing
and showing the exact location of all said pipes, mains and appurtenances
as set forth above.
