[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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:
|
Improvement Cost
|
Deposit
|
|---|---|
|
Under $10,000
|
6%
|
|
$10,000 to $50,000
|
$600, plus 5% of the cost over $10,000
|
|
Over $50,000
|
$2,600, plus 4% of the cost over $50,000
|
D.
Use of funds; additional costs; professional engineer
charges.
(1)
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.
(2)
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.
(3)
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
