[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]
A.
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.
B.
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.
A.
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.)
B.
Public improvement permit fees shall be payable to the
Town Clerk.
C.
Public improvement permit fees shall be as follows:
|
Cost of Project
|
Fee
(percentage of estimated construction costs)
| |
|---|---|---|
|
Up to $29,999
|
4%
| |
|
Over $30,000
|
3%
|
A.
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.
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.
C.
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.
A.
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.
B.
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:
A.
All work will be performed in accordance with approved
plans and specifications and requirements of federal, state and local laws.
B.
The owner will obtain and pay for all necessary permits.
C.
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.
D.
The owner will notify the Town Engineer 48 hours before
commencing work under the public improvement permit.
E.
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.
