[HISTORY: Adopted by the Town Board of the Town of Cheektowaga as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-21-1985 as Ch. 54, Art. I, of the 1985 Code]
By resolution of the Town Board, all improvements that are to be dedicated to the town or are to eventually be maintained by the town, either within a subdivision or as part of the development of a single parcel or lot, are considered public improvements and are required to be installed under public improvement permits.
Public improvement permits are required to be obtained for the construction of roadway pavements, curbs and gutters, sanitary sewers, except for such sanitary sewers as are to be built under the supervision of the Erie County Sewer District, ditches, channels, drainage systems, storm sewers, water mains, except for such water mains as are to be built under the supervision of the Erie County Water Authority, and any other public improvements that are to be dedicated to the town or will eventually be maintained by town forces.
The estimated construction cost of the proposed public improvements shall be determined using a list of standardized unit and lump sum prices available from the Town Engineer. The list of standardized prices will be updated yearly by the Town Engineer. Cost estimates for items of work not shown on the list of standardized unit and lump sum prices shall be subject to the approval of the Town Engineer.
Public improvement permit fees are intended to recover the cost of inspection of the construction of public improvements. Such inspection shall be provided by the Town Engineer or by authorized agents or representatives of the Town Engineer. Fees for public improvement permits shall be determined on the basis of estimated construction costs of proposed public improvement permits and in accordance with the fee schedule for public improvement permits. The public improvement permit fees do not include survey or stake-out work. Such survey and stake-out work is to be borne at the expense of the permit applicant with work to be done by competent, qualified personnel acceptable to the Town Engineer. (See Subsection C.)
Public improvement permit fees shall be payable to the Town Clerk.
Public improvement permit fees shall be as follows:
Where, by action of the Town Board, the owner is permitted to defer to a later date the construction of required public improvements, or subsequent part or phase of the development of a subdivision or single lot or parcel, the owner shall furnish and pay for a performance bond, acceptable to the Town 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 Town Board, in accordance with approved plans and specifications and for the payment of all persons per forming labor and furnishing materials in connection with such construction.
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 Town Board may accept that cash or certified funds be placed in escrow with the town in lieu of furnishing a performance bond. Such cash or certified funds will be released when the deferred work is completed and the Town Engineer has issued a certificate of approval.
The owner shall furnish and pay for surety bonds, acceptable to the Town 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 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.
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.
Where applicable, prior to the issuance of a public improvement permit, the owner will be required to submit special district and homeowners' association agreements acceptable to the Town Attorney. Easements and right-of-way deeds for drainage purposes must be filed in the Erie County Clerk's office prior to receipt of the public improvement permit.
The application for a public improvement permit shall include statements by the owner, to be subscribed and sworn to before a notary public, to the effect that:
All work will be performed in accordance with approved plans and specifications and requirements of federal, state and local laws.
The owner will obtain and pay for all necessary permits.
The owner will commence work no later than 60 days from the date of approval of the public improvement permit by the Town Board and will complete all work within one year of said date of approval.
The owner will notify the Town Engineer 48 hours before commencing work under the public improvement permit.
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 Town Board approval and may also involve imposition of additional fees.
Upon completion of all work included in the public improvement permit in a manner satisfactory to the Town Engineer, the Town Engineer will issue a certificate of approval.
Applications for public improvement permits shall be submitted in quadruplicate to the Town Clerk, together with four complete sets of drawings (prints) and four complete copies of specifications for the project.
Granting of a public improvement permit will be contingent upon approvals by the Town Engineering Department, the Town Highway Department and the Town Board. The public improvement permit shall not be effective until approval by the Town Board and until the Town Clerk has certified that the total public improvement permit fee has been paid.