As used in this chapter, the following terms shall have the meaning
indicated:
APPLICANT
Any person, firm, partnership, association, corporation, company,
organization or entity of any kind who or which requests the Town or its Planning
Board or Town Board to approve a development or is required to apply for a
permit for a public improvement pursuant to this chapter.
DEVELOPER
Any person, firm, partnership, association, corporation, company
or organization of any kind who or which constructs or proposes to construct
one or more highways, drainage facilities, utilities or other facilities within
or in conjunction with a development and to convey or dedicate the same to
the Town or which shall require Town maintenance.
DEVELOPMENT
A subdivision or any residential or commercial construction requiring
site plan approval under this chapter or other law or ordinance of the Town
of Newstead or which requires a public improvement permit.
DRAINAGE FACILITY
All surface water drainage facilities, including but not limited
to detention and retention basins, storm sewers and their appurtenances, drainage
swales and ditches, and any easements through or over which said facilities
may be constructed or installed in or in connection with a development.
HIGHWAY
A street, avenue, road, square, place, alley, lane, boulevard, concourse,
parkway, driveway, overpass and underpass and all items appurtenant thereto,
including but not limited to bridges, gutters, culverts, ditches, shoulders
and sidewalks in or in connection with a development.
PARK
An area of land located within or constructed in conjunction with
a development which is open to the public and devoted to active or passive
recreation.
PUBLIC IMPROVEMENT
Any sewer line, waterline, highway, curb, gutter, drainage facility,
utility (as defined herein), park, or other facility or improvement, and all
appurtenances, which will at any time be transferred to or maintained by the
Town or which may have a significant effect on Town facilities, either within
or associated with a subdivision as part of the development of a single parcel
or lot.
SITE PLAN REVIEW
Any action involving site approval or review pursuant to Chapter
450, Zoning, of the Code of the Town of Newstead or other laws or ordinances, as existing or amended from time to time.
SUBDIVISION
A subdivision of land pursuant to Chapter
360, Subdivision of Land, of the Code of the Town of Newstead, as amended from time to time.
TOWN
The Town of Newstead.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, and cable television
facilities and any easements through or over which said facilities may be
constructed or installed in or in connection with a development.
Where applicable, prior to the issuance of a public improvement permit,
the applicant will be required to submit homeowners' association agreements
or any other agreements necessary to assure maintenance of public-type facilities
which are not intended to be conveyed, transferred or dedicated to the Town
in form acceptable to the Town Attorney. All required easements, dedications,
and right-of-way deeds and/or third-party easements must be recorded in the
Erie County Clerk's office prior to issuance of building permits for buildings.
Upon completion of all work included in the public improvement permit
in a manner satisfactory to the Town's Engineer and receipt and processing
of all easements, dedications, bonds, and agreements in a manner acceptable
to the Town's Attorney, the Town of Newstead Town Board shall accept the improvements
and the Town Code Enforcement Officer will issue a certificate of approval.
Prior to the Town accepting the improvements, the following items must be
completed:
A. Upon completion of any public improvements, the applicant
shall submit to the Town Engineer as-built elevations or rims and inverts
for all sanitary sewer and storm sewer manholes, catch basins, yard drains
and cleanouts. As-built elevations must be submitted under the stamp and signature
of a land surveyor licensed in the State of New York. After acceptance of
improvements by the Town Board, the Town Engineer will use the as-built elevations
so provided and information gathered in the field during construction to prepare
record drawings. The cost of preparing record drawings will be paid by the
PIP fees submitted by the developers as part of administration and engineering
costs.
B. The Town Engineer will provide a certificate of construction
compliance at completion of sewer and water construction to the Erie County
Health Department along with sanitary sewer and water main test reports.
C. Erie County Health Department acceptance of installed
facilities must be received.
D. A walkthrough inspection by the Town Engineer and Town
officials including the Highway Superintendent and an Erie County Water Authority
representative will be conducted a minimum of one week prior to a regularly
scheduled Board meeting.
Nothing in this chapter shall supersede or replace any provision of Chapter
450, Zoning, or Chapter
360, Subdivision of Land, of the Code of the Town of Newstead, the Site Plan Review Regulations of the Town of Newstead, or any other law or ordinance of the Town of Newstead. The regulations
established by this chapter shall be in addition to the regulations established
elsewhere or authorized by the Town of Newstead or by state law.