This chapter shall be known as the "Public Improvement Law of the Town
of Evans."
The purpose of this chapter is to regulate the construction of public
improvements in the Town of Evans, Erie County, New York, by any person, corporation
or partnership and to establish fees for inspection of such improvements.
For the purpose of this chapter, the terms used herein are defined as
follows:
FEE PURPOSES
For the purpose of unqualified ownership and power of disposition
only.
PUBLIC IMPROVEMENTS
The installation or construction of highways, sidewalks, drainage
systems, sewer systems, water systems and like systems upon real property
in the Town for use of the general public.
TOWN OFFICER
The person or persons appointed or designated by the Town Board whose
responsibility is the maintenance of said improvement.
TOWN SPECIFICATIONS
The written rules, regulations, specifications and/or agreements
of approved development plot plans of the Town Board or Town departments in
charge of such public improvements. The specifications shall include the type
of materials to be used, the methods to be used in installing said materials,
the safe procedures to follow, the minimum requirements for easements and
rights-of-way to be turned over to the Town and any other items of public
interest involving compliance with this chapter.
[Amended 11-20-1991 by L.L. No. 15-1991; 12-15-1993
by L.L. No. 13-1993]
Such developer shall also pay a public improvement project fee to the Town of Evans, which fee shall be set by resolution of the Town Board and as set forth in Chapter
106, Fees.
No permit shall be issued until the applicant has delivered to the Town
cash or 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. Such bond shall be approved by the Town Board. Such bond
or cash deposit shall remain in full force and effect until the certificate
of completion and satisfactory compliance with this chapter shall have been
issued by the designated Town officer. In the event that the holder of such
permit shall fail, within one year, or refuse to comply with the provisions
of this chapter, the above bond or cash shall be forfeited to the Town. In
the event that such improvement is not completed and accepted by the Town
within one year from the deposit of such moneys, an application may be made
to the Town Board for an extension of such time period. Said extension may
be granted at the discretion of the Town Board. Automatic forfeiture of the
moneys on deposit shall result if the time limit expires without the granting
of an extension. Before any more moneys are so placed in escrow, the person
depositing the same shall acknowledge the terms of this chapter upon a form
prescribed by the Town Board.
[Amended 11-20-1991 by L.L. No. 15-1991; 12-15-1993
by L.L. No. 13-1993]
The Town Board of the Town of Evans hereby adopts a fee schedule which shall be set by resolution of the Town Board and as set forth in Chapter
106, Fees. This schedule shall be subject to further review and modification from time to time. The Town Engineer shall approve estimated construction costs at final plat approval.
In their interpretation and application, the provisions of this chapter
shall be considered to be minimum requirements to promote and protect public
health, safety, comfort, convenience, prosperity and other aspects of the
general welfare. Whenever any provision of this chapter is at variance or
in conflict with any other provision hereof or any other statute, local ordinance
or regulation covering any of the same subject matter, the more restrictive
provision, or the one imposing the higher standard, shall govern.