[HISTORY: Adopted by the Common Council of the City of North Tonawanda 2-3-1989 as L.L. No. 1-1989. Amendments noted where applicable.]
Public utility construction on highways — See Ch. 51.
The purpose of these regulations is to establish a procedure for collecting inspection fees for certain improvements that are ultimately to be dedicated to the City of North Tonawanda and for improvements affecting said city's utilities. These inspection fees are to be used to pay for the time spent in observing the installation of these improvements and for accepting dedication to the city. These regulations establish the process for making applications for public improvements. An application must be made for any facility to be dedicated to the city.
No person, firm, association or corporation shall install or construct, or perform any work incident to the installation and/or construction of any public improvement upon real property in the City of North Tonawanda without first having obtained a permit therefor, to be issued by the City Engineer after certification by the City Engineer that the plans and specifications as submitted by the applicant comply with the specifications and requirements of the City of North Tonawanda. The fee for such permit shall be the sum of $50.
The application for such public improvement permit (PIP) shall be made on forms furnished by the City of North Tonawanda and shall contain such information as the City Engineer of the City of North Tonawanda shall require to determine that the proposed improvement will conform with the specifications and requirements of the City of North Tonawanda for such proposed improvement.
Individual permits shall be required for each improvement, such as water, sanitary, storm and paving. The permit form and separate checks (administration fee and deposit) shall be accompanied by seven sets of drawings showing only the improvement by being installed under the PIP or with the drawings colored or highlighting only the improvement being installed with said permit. At the time the application is made, the developer shall also supply a Mylar original of all drawings to the City Engineer to be used to make the final record drawings.
Public improvement inspection deposit schedule. The developer shall pay to the city, at the time of application for a public improvement permit, a deposit for the inspection of all required public improvements. Inspection fees have been set at the following percentages of the cost of improvement:
Use of funds; additional costs; professional engineer charges.
The inspection deposit shall be used to pay the professional engineer's inspector or agent. Funds not used for this purpose shall be returned to the developer upon acceptance of the improvements.
If the cost of the inspection exceeds the deposited amount, then the developer must pay the outstanding inspection fee before the improvements may be accepted and building permits granted.
The professional engineer shall be selected by the permittee upon approval of the City Engineer. The permittee will be advised of all charges for the professional engineer's inspection services at the time invoices for work are submitted to the city for payment.
If the improvements to be installed or constructed are upon real property to which the City of North Tonawanda has acquired title, the developer, at the time of application, shall deliver to the City of North Tonawanda cash, a surety bond, executed by a solvent surety corporation authorized to do business in the State of New York, or an irrevocable letter of credit, in a form acceptable to the City Attorney, in a sum equal to the cost of the work to be performed, which surety shall be approved by the City of North Tonawanda, guaranteeing the faithful performance of all work in accordance with the specifications and requirements of said City of North Tonawanda.
Such surety shall remain in full force and effect until the work performed thereunder has been accepted by the Common Council of the City of North Tonawanda.
In the event that the holder of such permit shall fail or refuse to comply with the provisions of this chapter, the above-described surety shall be forfeited to the City of North Tonawanda to the extent of the amount necessary to complete the work thereunder.
The developer shall install the required improvements in accordance with the standards and specifications of the City of North Tonawanda, with the final improvements submitted to the City Engineer. The developer shall employ a licensed professional engineer to design and provide general control of the improvements to be installed. Such general control shall include the supervision of the necessary leakage and pressure tests that will ensure compliance with the New York State requirements for sewers and water mains.
Upon completion of construction, the city shall obtain a certificate from the professional engineer stating that all improvements have been so installed in accordance with city specifications and all state and local codes.
In submitting the final installed improvements to the City Engineer for dedication, the developer shall also submit a maintenance bond to guarantee the maintenance and repair of the improvements in the development for one year after construction thereof has been accepted and dedicated to the City of North Tonawanda. Separate bonds for each improvement shall be filed, and the bond shall be in the amount of 25% of the value of the improvement and in a form acceptable to the City Attorney.
Upon the completion of any installation and/or construction of public improvements upon real property within the City of North Tonawanda, the owners thereof shall submit to the City Engineer a descriptive letter containing a description of the installation or construction completed and further stating that the improvements have been constructed in accordance with the rules, regulations and specifications appertaining to the construction of public improvements in the City of North Tonawanda, Niagara County, and the State of New York.
Dedication shall also include a separate map and legal description of the property to be dedicated, acceptable to the City Attorney, delineating improvements and any easements to be dedicated to the city.
Upon request of such letter, the City Engineer shall then recommend the approval or disapproval thereof and acceptance for maintenance of the public improvement by the Common Council of the City of North Tonawanda.
The mere filing of a deed conveying property to the City of North Tonawanda will not in any way obligate said City of North Tonawanda to accept same for maintenance purposes.
This chapter shall take effect upon filing with the Secretary of State.