Town of Eden, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Eden 7-14-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Agricultural Advisory Committee — See Ch. 5.
Excavations — See Ch. 103.
Fire prevention and building construction — See Ch. 110.
Flood damage prevention — See Ch. 114.
Historic preservation — See Ch. 129.
Mobile home parks — See Ch. 142.
Streets and sidewalks — See Ch. 179.
Subdivision of land — See Ch. 184.
Zoning — See Ch. 225.
This chapter shall be known as the "Public Improvement Law of the Town of Eden, New York."
This chapter is adopted to:
A. 
Protect and provide for the health, safety and general welfare of the Town of Eden.
B. 
Protect the value of improvements upon the land and to minimize the conflicts among the uses of land and buildings.
C. 
Provide for the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the town and to provide for the proper location, width and construction of streets.
D. 
Establish reasonable standards of design and procedures for public improvements.
E. 
Prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the town in order to preserve the integrity, stability and beauty of the community.
A developer/contractor shall obtain a public improvement permit from the Town Board for the construction of all roadway pavements, curbs, sidewalks, storm sewers and other drainage facilities, water mains and appurtenances, streetlights and any other required utilities and public improvements. For any utilities not covered by the town's public improvement permits, the developer/contractor shall secure the required permits from the applicable permitting agency.
A. 
Individual permits shall be applied for each improvement as follows:
(1) 
Water.
(2) 
Drainage/stormwater management.
(3) 
Road and paving.
(4) 
Lighting.
B. 
Each permit must be accompanied by:
(1) 
Fee. The Planning Board shall provide for inspection of required improvements during construction to ensure their satisfactory completion. At the time of application, the applicant shall pay to the town an inspection fee and administration fee, based on the estimated cost of required improvements provided by the applicant and verified by the Town Engineer as established in the Standard Schedule of Fees.[1] The administration and deposit fee must be paid for with separate checks. The inspection fee shall be used by the town to hire professionals to conduct inspections of required improvements. In addition, the developer/contractor shall pay any additional costs for all engineering and inspection services deemed necessary by the Planning Board. All fees shall be due and payable upon demand of the town. A subdivision plat shall not be signed by the Chairman of the Planning Board, and no permits or certificates of occupancy shall be issued until all fees are paid. If the Town Engineer or the Town Superintendent of Highways finds, upon inspection, that any of the required improvements have not been constructed in accordance with the town's construction standards and specifications, the applicant shall be responsible for completing said improvements.
[1]
Editor's Note: The Standard Schedule of Fees is on file in the town offices.
(2) 
Drawings. Five sets of signed drawings showing only the improvements being installed under the PIP or with the drawings colored or highlighted, to show only the improvements being installed with said permit. In addition, the developer/contractor must furnish a set of reproducible Mylar to the town for the completion of record drawings.
(3) 
Performance security. When the application is submitted to the Town Board, it shall be accompanied by a report from the Town Engineer, providing an estimate of the cost of properly installing the proposed improvement as well as an estimate of the full value of the improvement. Prior to the issuance of the permit, the developer/contractor shall post with the Town Board a certified check payable to the Town of Eden or a performance bond running in favor of the Town of Eden in an amount determined by the Town Board to be sufficient to cover the cost of installing the required improvement. Any such bond shall be issued by a surety satisfactory to the Town Board, and, if required by the Town Board, shall specify thereon, or by reference, the improvement or installation covered, as well as the completion deadline for such work, and any other conditions deemed necessary or appropriate by the Town Board.
[Amended 5-27-1998 by L.L. No. 3-1998]
(4) 
Maintenance bond or security. The developer/contractor shall provide a maintenance bond or certified funds payable to the Town of Eden or cash to be held in escrow by the Town of Eden to guarantee the maintenance and repair of all the improvements which were the subject of the public improvement permit for a period of one year after said improvements have been accepted by the Town. The maintenance bond or security shall be in the amount of 10% of the full value of the improvement(s) as determined by the Town Board, and shall be in a form acceptable to the Town Attorney.
[Amended 3-25-2009 by L.L. No. 1-2009]
(5) 
Insurance. The developer/contractor shall provide insurance in the minimum amounts and coverage required by the Town of Eden. Prior to commencing with the planned improvements, the developer/contractor will submit insurance policies with certificates of insurance to the town meeting all the town insurance requirements. The subdivider (developer/contractor) shall name the town, its agents and employees as additional insured. All insurance must remain in force until acceptance of the public improvements. Certificates of insurance shall contain a provision that coverage afforded under the policies will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to the Town of Eden by certified mail.
(6) 
Workmen's compensation. Proof of workmen's compensation must also accompany the application.
A. 
Construction of improvements.
(1) 
Subdivisions. A developer/contractor shall install the required improvements in accordance with the standards and specifications contained in Chapter 184, Subdivision of Land, Article IV, Required Improvements and Agreements, as well as the Town of Eden General Specifications, and with the final plat submitted to the Town Board. The subdivider (developer/contractor) shall employ a licensed professional engineer or licensed professional surveyor in the case of minor subdivisions to design the improvements.
(2) 
All other improvements. The developer/contractor shall install the required improvements in accordance with the standards and specifications contained in the Town of Eden General Specifications and on file with the Town Engineer, with final drawings to be submitted to the Town Board.
B. 
Subdivisions; completion of improvements prior to signing of plat. Before the final subdivision plat is signed by the Chairman of the Planning Board, all applicants shall be required to complete, in accordance with the Planning Board's resolution and to the satisfaction of the Town Engineer and Superintendent of Highways, all the road, sewer, drainage and other improvements specified in the final subdivision plat and construction plans, as approved by the Planning Board, and to dedicate the same to the Town of Eden free and clear of all liens and encumbrances on the property and public improvements thus dedicated.
C. 
Temporary improvements. The developer/contractor shall build and pay for all costs of temporary improvements required by the Planning Board and shall maintain the same for the period specified by the Planning Board.
D. 
Costs to be borne by applicant. All required improvements shall be made by the applicant, at his or her expense, without reimbursement by the Town of Eden or any improvement district therein.
E. 
Certificate of satisfactory completion. The Town Board shall not accept dedication of required improvements until the Town Engineer and the Town Superintendent of Highways have submitted reports stating that all required improvements have been satisfactorily completed. The applicant's engineer or surveyor shall certify to the Town Engineer that the layout of the line and grade of all public improvements is in accordance with the construction plans for the subdivision. A title insurance policy shall also be furnished to and approved by the Town Attorney for dedication to the town that the improvements are free and clear of any and all liens and encumbrances and that the title to said improvements can be insured. Upon such approvals and recommendations, the Town Board shall thereafter accept the improvements for dedication in accordance with the established procedure.
F. 
Following the completion of the public improvement project, four sets of as-built drawings shall be supplied to the town, at no cost to the town.