[HISTORY: Adopted by the Board of Trustees of the Village of Akron 3-15-2004 by L.L. No. 2-2004. Amendments noted where applicable.]
A. 
The Village Board hereby finds and determines that it is necessary to protect and safeguard the Village or Akron, its residents and their property with respect to certain improvements and facilities within the Village, including highways, drainage facilities, sanitary sewer and water facilities, and other utilities which will be dedicated to the Village or maintained by the Village or which may have a significant effect on Village facilities.
B. 
The Village Board further finds that such facilities must be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental codes, rules and regulations and dedicated and conveyed to the Village in a legally sufficient manner; that in order to assure the foregoing it is essential for the Village to have engineers review and approve plans and designs, make recommendations to the Village Board, Planning Board and Building Inspector, inspect the construction of highways and drainage, sewer, water and other facilities to be transferred or dedicated to the Village or which may have a significant effect on Village facilities and recommend their acceptance by the Village and to have attorneys negotiate and draft appropriate agreements with developers, obtain, review and approve necessary bonds, insurance and other legal documents, review proposed deeds and easements to assure the Village is obtaining good and proper title, and handle related issues with respect to developments involving such facilities; and that the cost of retaining such engineers and attorneys should ultimately be paid by those who seek to profit from such developments rather than from general Village funds which are raised by assessments paid by taxpayers of the Village.
C. 
This chapter is enacted under the authority of Municipal Home Rule Law § 10(1)(ii)(e)(3). To the extent Village Law §§ 7-725, 7-728, and 7-730 do not authorize the Village Board or Village Planning Board to require the reimbursement to the Village of legal and engineering expenses incurred by the Village in connection with the review and consideration of application for subdivision approval and for the approval, amendment or extension of planned districts under the Village's Zoning Law, it is the expressed intent of the Village Board to change and supersede such statutes. To the extent that such statutes do not authorize the deferral or withholding of such approvals in the event such expenses are not paid to the Village, it is the expressed intent of the Village Board to change and supersede Village Law §§ 7-725, 7-728,and 7-730 to empower the Village to require such payment as a condition to such approvals.
[Amended 9-8-2025 by L.L. No. 3-2025]
As used in this chapter, the following terms shall have the meaning indicated:
APPLICANT
Any person, firm, partnership, association, corporation, company, organization or entity of any kind who or which requests the Village of its Planning Board or Village Board to approve a development or is required to apply for a permit for a public/private improvement pursuant to this chapter.
DEVELOPER
Any person, firm, partnership, association, corporation, company or organization of any kind who or which constructs or proposes to construct one or more highways, drainage facilities, utilities or other facilities within or in conjunction with a development and to convey or dedicate the same to the Village or which shall require Village maintenance.
DEVELOPMENT
A subdivision or any residential or commercial construction requiring site plan approval under this chapter or other law or ordinance of the Village of Akron or which requires a public/private improvement permit.
DRAINAGE FACILITY
All surface water drainage facilities, including but not limited to detention and retention basins, storm sewers and their appurtenances, drainage swales and ditches, and any easements through or over which said facilities may be constructed or installed in or in connection with a development.
HIGHWAY
A street, avenue, road, square, place, alley, lane, boulevard, concourse, parkway, driveway, overpass and underpass and all items appurtenant thereto, including but not limited to bridges, gutters, culverts, ditches, shoulders and sidewalks in or in connection with a development.
PARK
An area of land located within or constructed in conjunction with a development which is open to the public/private and devoted to active or passive recreation.
PUBLIC/PRIVATE IMPROVEMENT
Any sewer line, water line, highway, curb, gutter, drainage facility, utility (as defined herein), park, or other facility or improvement, and all appurtenances, which will at any time be transferred to or maintained by the Village or which may have a significant effect on Village facilities, either within or associated with a subdivision as part of the development of a single parcel or lot.
PUBLIC/PRIVATE IMPROVEMENT PERMIT or PIP
A permit issued by the Village of Akron authorizing the construction of a public/private improvement as defined herein.
SITE PLAN REVIEW
Any action involving site approval or review pursuant to the Village of Akron Zoning Regulations or other laws as existing or amended from time to time.
SUBDIVISION
A subdivision of land pursuant to the Village of Akron Subdivision Regulations as amended from time to time.
UTILITIES
All water, sanitary sewer, gas, electric, telephone, and cable television facilities and any easements through or over which said facilities may be constructed or installed in or in connection with a development.
VILLAGE
The Village of Akron.
[Amended 12-4-2023 by L.L. No. 3-2023; 9-8-2025 by L.L. No. 3-2025]
A. 
Public/private improvement permits shall be obtained for the construction of any public/private improvement in the Village of Akron. The costs of public/private improvements shall be borne by the applicant, and all public/private improvements shall be made by the applicant at its expense without reimbursement by the Village of Akron or its improvement districts. No public/private improvement permit shall be required in connection with the construction of a single one- or two-family residence in any approved subdivision or upon any existing lot.
B. 
Application for a public/private improvement permit. Any applicant shall submit an application for a public/private improvement permit utilizing forms provided by the Village. No construction work on a public/private improvement shall be started until a public/private improvement permit has been issued. The application shall be based on complete plans and specifications for the improvement. Descriptions of the proposed public/private improvements shall include locations, dimensions, type of material and detailed itemized quantities, prepared and stamped by a professional engineer, licensed by the State of New York.
C. 
Statement by the owner. The application for a public/private improvement permit shall include statements by the applicant that all work will be performed in accordance with approved plans and specifications and requirements of federal, state and local laws; that the owner will obtain and pay for all necessary permits; that the owner will commence work no later than 60 days from the date of approval of the public/private improvement permit by the Village Board and will complete all work within one year of said date of approval; that the owner will notify the Village Engineer 72 hours before commencing work under the public/private improvement permit; that the owner is cognizant of the fact that the public/private improvement permit fee is based on work being performed during normal working hours (7:00 a.m. to 5:00 p.m.), Monday through Friday, except for legal holidays; and that deviations from such schedule or hours will require Village Supervisor approval and may also involve the imposition of additional fees.
D. 
Number of copies; required approvals. Applications for public/private improvement permits shall be submitted in quadruplicate to the Village Building Inspector, together with four complete sets of drawings (prints) and four complete copies of specifications for the project. A public/private improvement permit will not be granted until approvals are made by the Village's Engineer and the Village Superintendent of Highways, where highways are involved.
E. 
Estimated construction cost of proposed public/private improvements. The estimated construction cost of the proposed public/private improvements shall be determined by using one of the following methods:
(1) 
By utilizing an itemized cost estimate submitted by the applicant's engineer. If the costs are reviewed by the Building Inspector and accepted as reasonable for the work to be performed, they shall be used. The Building Inspector may require revision or justification of the cost estimates. If this method is used, the Building Inspector may require proof of actual costs on completion and, if the cost is higher, may require additional fees in compliance with the schedule of fees prior to issuance of the certificate of completion. This method ("A") shall be used unless the Building Inspector determines that the cost estimates submitted are unreasonably low, in which case method "B" below shall be used.
(2) 
If method "A" above is not used to determine costs, the estimated construction cost of the proposed public/private improvements shall be determined by using a list of standardized unit and lump sum prices maintained by the Village Building Inspector and/or the Village's Engineer. The list of standardized prices will be updated yearly by the Building Inspector in conjunction with the Village Engineer. Cost estimates for items of work not shown on the list of standardized prices will be computed by the Village Building Inspector and such consultants as he shall determine. Each project shall be individually reviewed, and cost estimates may be modified in accordance with site conditions, including subsurface conditions.
F. 
Public/private improvement permit fees.
(1) 
Review and approval fees.
(a) 
Subject to Subsection H, the fees for review and approval of plans and specifications by engineers and the review and approval and acceptance of insurance, bonds, easements, dedications, other documents and agreements by the Village Attorney in accordance with that certain fee schedule established and approved by the Village Board, as amended from time to time.
(b) 
The fee shall be paid at the time of the application, and the application shall not be processed until such fee is paid.
(2) 
Public/private improvement inspection fees.
(a) 
Subject to Subsection H, the fee for inspection of the construction of public/private improvements shall be in accordance with that certain fee schedule established and approved by the Village Board, as amended from time to time.
(b) 
The fee shall be paid upon issuance of the permit, and no permit shall be issued until such fee is paid.
G. 
Conduct of inspection. Inspection shall be provided by the Village through its engineers or by authorized agents or representatives of the Village or its engineers. Fees for public/private improvement permits shall be determined on the basis of estimated construction costs of proposed public/private improvements and in accordance with the fee schedule for public/private improvement permits established pursuant to this chapter. The public/private improvement permit fees do not include survey, stakeout work, soils testing, concrete, or other materials testing. Such work is to be borne at the expense of the permit applicant, with work to be done by competent, qualified personnel acceptable to the Village. Public/private improvement fees shall be payable to the Village of Akron.
H. 
Amendments. Public/private improvement fees shall be established, amended, changed or added by the Village Board from time to time by simple resolution without the necessity for a public/private hearing.
[Amended 9-8-2025 by L.L. No. 3-2025]
A. 
The owner shall furnish and pay for surety bonds, acceptable to the Village Attorney, for the maintenance, restoration and replacement of any parts of the public/private improvements where an unsatisfactory condition or damage develops due to defects in workmanship and materials, erosion, settlement of backfill or other causes within a period of two years from the date of issue of the certificate of approval. The maintenance bond shall be for an amount at least equal to 25% of the estimated construction cost of the proposed improvements and shall be filed and approved prior to the issuance of the public/private improvement permit.
(1) 
The application for a public/private improvement permit shall state the name and address of the surety company that has furnished the maintenance bond and the amount of the maintenance bond.
(2) 
No building permits or certificates of occupancy shall be issued for any subdivision or lot where a certificate of approval has not been issued.
B. 
Prior to the issuance of a public/private improvement permit, the applicant shall provide insurance policies for general liability, public/private liability coverage, including contractor's liability insurance and owner's liability insurance of not less than $2,000,000 coverage per occurrence, or in such other amounts as the Village may require pursuant to its insurance policy in effect at the time. The Village of Akron, its agents and employees shall be named as insured on such policies, and the policies shall provide that they may not be canceled without prior notice to the Village. The applicant shall also provide proof of workers' compensation coverage.
[Amended 9-8-2025 by L.L. No. 3-2025]
Where applicable, prior to the issuance of a public/private improvement permit, the applicant will be required to submit homeowners' association agreements or any other agreements necessary to assure maintenance of public/private-type facilities which are not intended to be conveyed, transferred or dedicated to the Village in form acceptable to the Village Attorney. All required easements, dedications, and right-of-way deeds and/or third-party easements must be recorded in the Erie County Clerk's office prior to issuance of building permits for buildings.
[Amended 9-8-2025 by L.L. No. 3-2025]
Upon completion of all work included in the public/private improvement permit in a manner satisfactory to the Village Engineer, upon the submission of "as built" drawings to the Village Engineer and receipt and processing of all easements, dedications, bonds, agreements in a manner acceptable to the Village's Attorney, the Village Board will issue a certificate of approval.
[Amended 9-8-2025 by L.L. No. 3-2025]
A. 
Where, by action of the approving board, the owner is permitted to defer the construction of required public/private improvements, or a subsequent part or phase of the development of a subdivision or single lot or parcel, to a later date, the owner shall furnish and pay for a performance bond acceptable to the Village's Attorney in an amount at least equal to 100% of the estimated construction cost of said required public/private improvements. Such performance bond shall constitute security for the construction of the public/private improvements (whose construction has been deferred) within the time specified by the Village Board in accordance with approved plans and specifications and for the payment of all persons performing labor and furnishing materials in connection with such construction. Nothing in this section shall obligate the Village to authorize delay in or deferral of construction of any necessary public/private improvement.
B. 
The application for a public/private improvement permit for any subdivision or parcel or lot where the construction of required improvements has been deferred shall state the name and address of the surety company that has furnished the performance bond and the amount of the performance bond. The Village Clerk may accept cash or certified funds to be placed in escrow with the Village in lieu of furnishing a performance bond. Such cash or certified funds will be released when the deferred work is completed and the Village Engineer has issued a certificate of approval. Nothing in this section shall prevent approval of subdivisions in phases without posting of a bond where a public/private improvement associated with a later phase is not needed for an approved phase.
Nothing in this chapter shall supersede or replace any provision of the local law for Zoning of the Village of Akron, the Subdivision Regulations of the Village of Akron, Site Plan Review Regulations of the Village of Akron, or any other law of the Village of Akron or any other fees established by the Village. The regulations and fees established by this chapter shall be in addition to the regulations and fees established elsewhere or authorized by the Village of Akron or by state law.