[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.
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.
