[HISTORY: Adopted by the Town Board of the
Town of Lockport 8-8-2001 by L.L.
No. 10-2002. Amendments noted where applicable.]
A.
The Town Board hereby finds and determines that it
is necessary to protect and safeguard the Town of Lockport, its residents
and their property with respect to certain improvements and facilities
within the Town, including highways, drainage facilities, sanitary
sewer and water facilities, and other utilities which will be dedicated
to the Town or maintained by the Town or which may have a significant
effect on Town facilities.
B.
The Town Board further finds that such facilities
must be designed and constructed in a competent and workmanlike manner
and in conformity with all applicable governmental codes, rules and
regulations and dedicated and conveyed to the Town in a legally sufficient
manner; that in order to assure the foregoing it is essential for
the Town to have engineers review and approve plans and designs, make
recommendations to the Town Board, Planning Board and Building Inspector,
inspect the construction of highways and drainage, sewer, water and
other facilities to be transferred or dedicated to the Town or which
may have a significant effect on Town facilities and recommend their
acceptance by the Town and to have attorneys negotiate and draft appropriate
agreements with developers, obtain, review and approve necessary bonds,
insurance and other legal documents, review proposed deeds and easements
to assure the Town is obtaining good and proper title, and handle
related issues with respect to developments involving such facilities;
and that the cost of retaining such engineers and attorneys should
ultimately be paid by those who seek to profit from such developments
rather than from general Town funds which are raised by assessments
paid by taxpayers of the Town.
C.
This chapter is enacted under the authority of Municipal
Home Rule Law §§ 10, Subdivision 1(ii)a(12) and d(3),
and 22. To the extent Town Law §§ 274-a, 276 and 277
do not authorize the Town Board or Town Planning Board to require
the reimbursement to the Town of legal and engineering expenses incurred
by the Town in connection with the review and consideration of application
for subdivision approval and for the approval, amendment or extension
of planned districts under the Town's Zoning Ordinance,[1] it is the expressed intent of the Town Board to change
and supersede such statutes. To the extent that such statutes do not
authorize the deferral or withholding of such approvals in the event
such expenses are not paid to the Town, it is the expressed intent
of the Town Board to change and supersede Town Law §§ 274-a,
276 and 277 to empower the Town to require such payment as a condition
to such approvals.
As used in this chapter, the following terms
shall have the meaning indicated:
Any person, firm, partnership, association, corporation,
company, organization or entity of any kind who or which requests
the Town of 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.
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.
A subdivision or any residential or commercial construction
requiring site plan approval under this chapter or other law or ordinance
of the Town of Lockport or which requires a public improvement permit.
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.
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.
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.
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.
A permit issued by the Town of Lockport authorizing the construction
of a public improvement as defined herein.
Any action involving site approval or review pursuant to
the Town of Lockport Zoning Regulations[1] or other laws or ordinances as existing or amended from
time to time.
A subdivision of land pursuant to the Town of Lockport Subdivision
Regulations as amended from time to time.[2]
The Town of Lockport.
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.
A.
Public improvement permits shall be obtained for the
construction of any public improvement in the Town of Lockport. The
costs of public improvements shall be borne by the applicant, and
all public improvements shall be made by the applicant at its expense
without reimbursement by the Town of Lockport or its improvement districts.
No public improvement permit shall be required in connection with
the construction of a single one- or two-family residence in any approved
subdivision or upon any existing lot.
B.
Application for a public improvement permit. Any applicant
shall submit an application for a public improvement permit utilizing
forms provided by the Town. No construction work on a public improvement
shall be started until a public improvement permit has been issued.
The application shall be based on complete plans and specifications
for the improvement. Descriptions of the proposed public improvements
shall include locations, dimensions, type of material and detailed
itemized quantities, prepared and stamped by a professional engineer
or architect licensed by the State of New York.
C.
Statement by the owner. The application for a public
improvement permit shall include statements by the applicant that
all work will be performed in accordance with approved plans and specifications
and requirements of federal, state and local laws; that the owner
will obtain and pay for all necessary permits; that the owner will
commence work no later than 60 days from the date of approval of the
public improvement permit by the Town Board and will complete all
work within one year of said date of approval; that the owner will
notify the Town Engineer 72 hours before commencing work under the
public improvement permit; that the owner is cognizant of the fact
that the public improvement permit fee is based on work being performed
during normal working hours (7:00 a.m. to 5:00 p.m.), Monday through
Friday, except for legal holidays; and that deviations from such schedule
or hours will require Town Supervisor approval and may also involve
the imposition of additional fees.
D.
Number of copies; required approvals. Applications
for public improvement permits shall be submitted in quadruplicate
to the Town Building Inspector, together with four complete sets of
drawings (prints) and four complete copies of specifications for the
project. A public improvement permit will not be granted until approvals
are made by the Town's Engineer and the Town Superintendent of Highways,
where highways are involved.
E.
Estimated construction cost of proposed public improvements.
The estimated construction cost of the proposed public improvements
shall be determined by using one of the following methods:
[Amended 4-10-2002 by L.L. No. 2-2002]
(1)
By utilizing an itemized cost estimate submitted by
the applicant's contractor or engineer. If the costs are reviewed
by the Building Inspector and accepted as reasonable for the work
to be performed, they shall be used. The Building Inspector may require
revision or justification of the cost estimates. If this method is
used, the Building Inspector may require proof of actual costs on
completion and, if the cost is higher, may require additional fees
in compliance with the schedule of fees prior to issuance of the certificate
of completion. This method ("A") shall be used unless the Building
Inspector determines that the cost estimates submitted are unreasonably
low, in which case method "B" below shall be used.
(2)
If method "A" above is not used to determine costs,
the estimated construction cost of the proposed public improvements
shall be determined by using a list of standardized unit and lump
sum prices maintained by the Town Building Inspector and/or the Town's
Engineer. The list of standardized prices will be updated yearly by
the Building Inspector in conjunction with the Town Engineer. Cost
estimates for items of work not shown on the list of standardized
prices will be computed by the Town Building Inspector and such consultants
as he shall determine. Each project shall be individually reviewed,
and cost estimates may be modified in accordance with site conditions,
including subsurface conditions.
F.
Public improvement permit fees.
(1)
Review and approval fees.
(a)
Subject to Subsection H, the fees for review and approval of plans and specifications by engineers and the review and approval and acceptance of insurance, bonds, easements, dedications, other documents and agreements by the Town Attorney are established as follows:
(b)
The fee shall be paid at the time of the application,
and the application shall not be processed until such fee is paid.
(2)
Public improvement inspection fees.
(a)
Subject to Subsection H, the fees for inspection of the construction of public improvements are established as follows:
|
Cost
|
Fee
| |||
|---|---|---|---|---|
|
$0 to $10,000
|
$1,000
| |||
|
$10,000 to $50,000
|
$1,000 + 8.5% of amount over $10,000
| |||
|
$50,000 to $90,000
|
$4,400 + 7.5% of amount over $50,000
| |||
|
$90,000 to $130,000
|
$7,400 + 6.5% of amount over $90,000
| |||
|
$130,000 to $170,000
|
$10,000 + 5.5% of amount over $130,000
| |||
|
$170,000 to $210,000
|
$12,200 + 4.5% of amount over $170,000
| |||
|
$210,000 to $400,000
|
$14,000 + 4.0% of amount over $210,000
| |||
|
$400,000 plus
|
$21,600 + 3.5% of amount over $400,000
| |||
(b)
The fee shall be paid upon issuance of the permit,
and no permit shall be issued until such fee is paid.
G.
Conduct of inspection. Inspection shall be provided
by the Town through its engineers or by authorized agents or representatives
of the Town or its engineers. Fees for public improvement permits
shall be determined on the basis of estimated construction costs of
proposed public improvements and in accordance with the fee schedule
for public improvement permits established pursuant to this chapter.
The public improvement permit fees do not include survey or stakeout
work. Such survey and stakeout work is to be borne at the expense
of the permit applicant, with work to be done by competent, qualified
personnel acceptable to the Town. Public improvement fees shall be
payable to the Town Building Inspector.
H.
Amendments. Public improvement fees shall be established,
amended, changed or added by the Town Board from time to time by simple
resolution without the necessity for a public hearing.
A.
The owner shall furnish and pay for surety bonds,
acceptable to the Town Attorney, for the maintenance, restoration
and replacement of any parts of the public improvements where an unsatisfactory
condition or damage develops due to defects in workmanship and materials,
erosion, settlement of backfill or other causes within a period of
two years from the date of issue of the certificate of approval. The
maintenance bond shall be for an amount at least equal to 25% of the
estimated construction cost of the proposed improvements and shall
be filed and approved prior to the issuance of the public improvement
permit.
(1)
The application for a public improvement permit shall
state the name and address of the surety company that has furnished
the maintenance bond and the amount of the maintenance bond.
(2)
No building permits or certificates of occupancy shall
be issued for any subdivision or lot where a certificate of approval
has not been issued.
B.
Prior to the issuance of a public improvement permit,
the applicant shall provide insurance policies for general liability,
public liability coverage, including contractor's liability insurance
and owner's liability insurance of not less than $2,000,000 coverage
per occurrence, or in such other amounts as the Town may require pursuant
to its insurance policy in effect at the time. The Town of Lockport,
its agents and employees shall be named as insured on such policies,
and the policies shall provide that they may not be canceled without
prior notice to the Town. The applicant shall also provide proof of
workers' compensation coverage.
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 Niagara
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
Building Inspector will issue a certificate of approval.
A.
Where, by action of the approving board, the owner
is permitted to defer the construction of required public improvements,
or a subsequent part or phase of the development of a subdivision
or single lot or parcel, to a later date, the owner shall furnish
and pay for a performance bond acceptable to the Town's Attorney in
an amount at least equal to 100% of the estimated construction cost
of said required public improvements. Such performance bond shall
constitute security for the construction of the public improvements
(whose construction has been deferred) within the time specified by
the Town Board in accordance with approved plans and specifications
and for the payment of all persons performing labor and furnishing
materials in connection with such construction. Nothing in this section
shall obligate the Town to authorize delay in or deferral of construction
of any necessary public improvement.
B.
The application for a public improvement permit for
any subdivision or parcel or lot where the construction of required
improvements has been deferred shall state the name and address of
the surety company that has furnished the performance bond and the
amount of the performance bond. The Town Supervisor may accept cash
or certified funds to be placed in escrow with the Town in lieu of
furnishing a performance bond. Such cash or certified funds will be
released when the deferred work is completed and the Town Engineer
has issued a certificate of approval. Nothing in this section shall
prevent approval of subdivisions in phases without posting of a bond
where a public improvement associated with a later phase is not needed
for an approved phase.
A.
Nothing in this chapter shall supersede or replace
any provision of the Zoning Ordinance of the Town of Lockport, the
Subdivision Regulations of the Town of Lockport,[1] Site Plan Review Regulations of the Town of Lockport,
or any other law or ordinance of the Town of Lockport or any other
fees established by the Town. The regulations and fees established
by this chapter shall be in addition to the regulations and fees established
elsewhere or authorized by the Town of Lockport or by state law.
B.
Any provision of the Town Sewer or Water Ordinance
of the Town of Lockport[2] providing that the Town construct public improvements
for developers or in conjunction with developers is hereby repealed,
and specifically the Town of Lockport Public Improvement Law adopted
as a law or ordinance on August 12, 1998, is hereby repealed, and
Section VIII(1) and (2) of the Ordinance, Rules and Regulations of
the Town of Lockport Water District, Town of Lockport, Niagara County,
New York, are hereby repealed.
If any clause, sentence, paragraph, subdivision,
section or part of this chapter shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgment is rendered.
