[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.
As used in this chapter, the following terms
shall have the meaning indicated:
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 improvement pursuant
to this chapter.
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.
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 improvement permit.
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.
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.
An area of land located within or constructed in conjunction
with a development which is open to the public and devoted to active
or passive recreation.
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.
A permit issued by the Village of Akron authorizing the construction
of a public improvement as defined herein.
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.
A subdivision of land pursuant to the Village of Akron Subdivision
Regulations as amended from time to time.
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.
The Village of Akron.
A.
Public improvement permits shall be obtained for the
construction of any public improvement in the Village of Akron. The
costs of public improvements shall be borne by the applicant, and
all public improvements shall be made by the applicant at its expense
without reimbursement by the Village of Akron or its improvement districts.
No public 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 improvement permit. Any applicant
shall submit an application for a public improvement permit utilizing
forms provided by the Village. No construction work on a public improvement
shall be started until a public improvement permit has been issued.
The application shall be based on complete plans and specifications
for the improvement. Descriptions of the proposed public 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
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 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 improvement permit; that the owner is cognizant of the
fact that the public 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 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 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 improvements.
The estimated construction cost of the proposed public 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 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 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.
[Amended 12-4-2023 by L.L. No. 3-2023]
(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 improvement inspection fees.
(a)
Subject to Subsection H, the fee for inspection of the construction of public improvements shall be in accordance with that certain fee schedule established and approved by the Village Board, as amended from time to time.
[Amended 12-4-2023 by L.L. No. 3-2023]
(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 improvement permits
shall be determined on the basis of estimated construction costs of
proposed public improvements and in accordance with the fee schedule
for public improvement permits established pursuant to this chapter.
The public 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 improvement fees shall be payable to the Village of Akron.
H.
Amendments. Public 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 hearing.
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 improvements where an unsatisfactory
condition or damage develops due to defects in worknanship 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 improvement
permit.
(1)
The application for a public 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 improvement permit,
the applicant shall provide insurance policies for general liability,
public 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.
Where applicable, prior to the issuance of a
public improvement permit, the applicant will be required to submit
homeowners' association agreements or any other agreements necessary
to assure maintenance of public-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.
Upon completion of all work included in the
public 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.
A.
Where, by action of the approving board, the owner
is permitted to defer the construction of required public 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 improvements. Such performance bond shall
constitute security for the construction of the public 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 improvement.
B.
The application for a public 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 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.
