[HISTORY: Adopted by the Town Board of the Town of Wheatfield 1-18-1993
by L.L. No. 1-1993. Amendments noted where applicable.]
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.
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.
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.
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.
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.
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]
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.
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.
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.
