The purpose of this article is to establish
a mechanism to ensure that any improvement that is to be constructed
by a private individual, corporation or any other entity, with the
intent that following completion of the improvement the ownership
of such improvement is to be conveyed to the Town with the Town to
assume responsibility for maintaining and operating such improvement,
be constructed in accordance with Town specifications. The Town will
be provided with mapping of the layout of all improvements, including
location of all lines, values, hydrants and appurtenances.
All applications for PIPs shall be accompanied by insurance
documentation which specifically lists the Town as an additional insured
on policies of general liability, auto liability and excess liability
in the face amount no less than that which the Town carries for its
own coverage.
In the event that the holder of the PIP shall fail or refuse
to comply with provisions of this article, the above bond shall be
forfeited to the Town.
Whenever any provision of this article is at variance or in
conflict with any other provision of this chapter, the Town Code,
or any other statute, local ordinance or regulation covering any of
the same subject matter, the most restrictive provision, or the one
imposing the higher standard, shall govern.
The purpose of this process is to provide an informal, expedited
process for the review and/or hearing of disputes between contractors
and the Town regarding the administration of the Town's public
improvement permit (PIP) application procedure.
Under this process, a contractor may request a review or hearing
on, in general, any disagreement or dispute regarding the administration
of the PIP article; specifically, a contractor may request a review
and/or hearing regarding the timing, cost or results of any actions
required of Town officials or representatives in the course of the
Town's administration of the PIP article (for example, inspection
of a contractor's work, or opinions issued by Town representatives
or employees regarding work in progress or completed work of a contract).
A contractor who believes that a dispute or disagreement exists
with the Town, shall conform to the following:
A. Written notice. The contractor shall sign and file two copies of
the review/hearing dispute form setting forth the specific nature
of the dispute (including a full description of the dispute and the
identities of Town personnel or representatives involved); the manner
in which the contractor proposes to settle or rectify the disputes;
and whether the contractor elects hearing officer review without a
hearing or review with a hearing.
B. Hearing officer and hearing. If the contractor requests informal
review by a hearing officer without a hearing, the hearing officer
shall review the contractor's dispute form and review any and
all submissions made by the Town employees or representatives in response
to the dispute form and issue a finding and decision within 10 business
days of the date of the filing of the dispute. If a hearing is requested
by the contractor, the hearing officer shall set a hearing date and
time, which hearing shall be held no later than 10 business days after
the filing of the dispute form. The contractor shall be provided with
copies of all writings and documents submitted to the hearing officer
by the Town five business days in advance of the hearing date. The
contractor shall have the right to submit additional documents, data
and other information to the hearing officer three business days before
the hearing date.
C. Conduct of hearing. If a hearing is requested, the contractor shall
have the right to appear in person, either with or without an attorney,
and shall have the right to examine and question any Town officers,
employees or representatives in attendance at the hearing. It shall
be the responsibility of the hearing officer to assure the attendance
at the hearing of all Town personnel/representatives noted in the
Town dispute form. The purpose of this process is to establish an
informal process by which disputes are heard and determined. Accordingly,
the hearing officer shall have full discretion as to the procedure
to be followed at the hearing, the calling of a recess or adjournments
and the relevancy of evidence submitted. Further, the hearing will
be conducted in an informal manner, and the hearing officers shall
not be required to follow the formal rules of evidence. Additionally,
the contractor shall have the right to produce at the hearing any
witnesses the contractor deems necessary to support his/her/its case.
Upon hearing the statements and answers of the parties and, if any,
the witnesses, the hearing officer shall make a written finding and
decision within 10 business days of the date of the hearing. Consistent
with the informal nature of the hearing process, the hearing officer
may request additional information after the hearing is closed, but
is not required to do so. Only one hearing may be held on any dispute.
D. For purposes of an informal hearing, the Town Superintendent of Highways
shall act as the hearing officer.
This process shall be effective as to all PIP applications filed
on or after the date this process is duly adopted by the Town Board.
By entering into the informal procedure provided under this
process, the contractor shall not be deemed to waive any rights to
proceed in any other administrative forum or in a court of law concerning
any dispute reviewed under this process.