[HISTORY: Adopted by the Town Board of the Town of Boston 12-31-1990
by L.L. No. 9-1990. Amendments noted where applicable.]
A.
Payment of inspector; bond or cash deposit required.
Any petitioner for the establishment of any special improvement district,
the improvements in which are, pursuant to the petition or by order of the
Town Board, to be installed at no expense to the Town or the district, shall
be required to pay for the services of any inspector appointed by the Town
during the installation of the improvements and shall, before commencing the
work, furnish a bond or cash deposit in an amount to be determined by the
Town Board to ensure payment of such inspector.
B.
Notification to inspector. Any such petitioner shall
be required to notify the inspector before commencing the work and keep such
inspector advised of the work installation schedule in order that the work
may be properly and fully inspected at all stages of installation.
C.
Scope of section. These requirements shall also apply
to the installation of any road or highway deeded or offered to be deeded
to the Town for public purposes and shall also apply to any other installation
or improvements which the Town Board shall require to be made as a condition
of its approval of any subdivision map or the issuance of any building permit.
[Amended 10-4-2000 by L.L. No. 2-2000; 9-4-2002
by L.L. No. 3-2002]
No person, firm, association or corporation shall install, construct
or perform any work incident to the installation and/or construction of any
public improvement upon real property in the Town of Boston, including, but
not limited to, the installation of storm sewer pipe in open drainage ditches
along existing Town highways, without first having obtained a permit therefor,
to be issued by the Town Clerk with the approval of the Town Board, after
certification by the Town Engineer that the plans and specifications as submitted
by the applicant comply with the specifications and requirements of the Town
of Boston. The fee for such permit shall be the sum as shall be set forth
in the Schedule of Fees, as adopted by the Town Board of the Town of Boston.
The application for such permit shall be made on forms furnished by
the Town of Boston and shall contain such information as the Town Engineer
of the Town of Boston shall require to determine that the proposed improvement
will conform to the specifications and requirements of the Town of Boston
for such proposed improvement.
All applications shall be accompanied by a map or survey, together with
specifications, prepared by a professional engineer duly licensed by the State
of New York, one copy of which shall be filed with the Town Engineer and the
Superintendent of Highways.
The Town Engineer shall provide such applicant with a set of standard
specifications and requirements of the Town of Boston for such work, for which
a charge of $10 per copy shall be made, and no work shall be performed except
in accordance therewith.
No work shall be performed except under the supervision and inspection
of an inspector designated by the Town Engineer and approved by the Town Board.
The wages or fees of such inspector shall be fixed and paid to the Town of
Boston prior to the issuance of such permit.
A.
If public improvements, as defined by this chapter, are
to be installed or constructed upon real property to which the Town of Boston
has title or will acquire title thereto, the holder of the public improvement
permit, before commencing any work in connection therewith, shall submit to
the Town Clerk of the Town of Boston one of the following forms of security
for approval by the Town of Boston:
(1)
Bond.
(a)
A bond executed by a solvent surety corporation as surety
authorized to do business in the State of New York, in a sum equal to 10%
of the cost of the work to be performed, as determined by the Town Engineer,
which bond shall be approved by the Town of Boston, guaranteeing faithful
performance of all work in accordance with the specifications and requirements
of the Town of Boston.
(b)
Such bond shall remain in full force and effect until
the certificate of completion and satisfactory compliance with this chapter
shall have been issued by the Town of Boston.
(c)
Failure to comply; forfeiture. In the event that the
holder of such permit shall fail or refuse to comply with the provisions of
this chapter, the above-described bond shall be forfeited to the Town of Boston.
(2)
Irrevocable letter of credit.
(a)
An irrevocable letter of credit supplied by a bank authorized
to do business in the State of New York, in a form acceptable to the Town
of Boston and in a sum equal to 10% of the cost of the work to be performed,
as determined by the Town Engineer, guaranteeing faithful performance of all
work in accordance with the specifications and requirements of the Town of
Boston.
(b)
Such letter of credit shall remain in full force and
effect until the certificate of completions and satisfactory compliance with
this chapter shall have been issued by the Town of Boston.
(c)
Failure to comply; forfeiture. In the event that the
holder of such permit shall fail or refuse to comply with the provisions of
this chapter, the above-described letter of credit shall be forfeited to the
Town of Boston.
(3)
Cash deposit.
(a)
A cash deposit in the amount of 10% of the cost of such
public improvement, as determined by the Town Engineer, to be placed on deposit
with the Town of Boston.
(b)
Such deposit shall remain in full force and effect until
the certificate of completion and satisfactory compliance with this chapter
shall have been issued by the Town of Boston.
(c)
Failure to comply; forfeiture. In the event that the
holder of such permit shall fail or refuse to comply with the provisions of
this chapter, the above-described cash deposit shall be forfeited.
B.
C.
The Town of Boston shall have final approval over the
form of any security device for use by applicants for public improvement permits.
A.
In the interest of protecting public improvements from
any and all defects in material or workmanship and to provide for the cost
of repair and/or replacement of such improvements, the Town has determined
that a maintenance bond, irrevocable letter of credit or cash deposit shall
be filed by all applicants for public improvement permits.
B.
Applicants for public improvement permits for public
improvements which are to be installed or constructed upon real property to
which the Town of Boston has acquired or will acquire title thereto shall
provide or cause to be provided and submitted to the Town Clerk, prior to
the acceptance of such public improvement, one of the following forms of security
for approval by the Town of Boston:
(1)
Bond.
(a)
A maintenance bond executed by a solvent surety corporation
as surety authorized to do business in the State of New York, in a sum equal
to 50% of the cost of such public improvement. Such bond shall remain in full
force and effect for a period of two years from the acceptance of said public
improvement by the Town Board of the Town of Boston.
(b)
Failure to comply; forfeiture. In the event that the
holder of such permit shall fail or refuse to comply with the provisions of
this chapter, the above-described bond shall be forfeited to the Town of Boston.
(2)
Irrevocable letter of credit.
(a)
An irrevocable letter of credit supplied by a bank authorized
to do business in the State of New York in a form acceptable to the Town of
Boston and in a sum equal to 50% of the cost of such public improvement. Such
letter of credit is to remain in full force and effect for a period of two
years from the acceptance of said public improvement by the Town Board of
the Town of Boston.
(b)
Failure to comply; forfeiture. In the event that the
holder of such permit shall fail or refuse to comply with the provisions of
this chapter, the above-described letter of credit shall be forfeited to the
Town of Boston.
(3)
Cash deposit.
(a)
A cash deposit in an amount equal to 50% of the cost
of such public improvement, to be placed on deposit with the Town of Boston.
Such cash deposit shall remain on deposit with the Town of Boston for a period
of two years from the acceptance of said public improvement by the Town Board
of the Town of Boston.
(b)
Failure to comply; forfeiture. In the event that the
holder of such permit shall fail or refuse to comply with the provisions of
this chapter, the above-described cash deposit shall be forfeited to the Town
of Boston.
(4)
Other acceptable security in the discretion of the Town
Board.
D.
The Town of Boston shall have final approval over the
form of any security device for use by applicants for public improvement permits.
The holder of a permit shall comply with all the ordinances of the Town
of Boston and all laws of the State of New York now in force or hereafter
adopted applicable to the work to be performed thereunder.
Compliance with the provisions of this chapter shall be a condition
precedent to the acceptance of any street, highway or other public improvement
by the Town of Boston for the purpose of maintenance.
The construction specifications of the Town of Boston are adopted as
a provision of this chapter as if fully set forth herein, except that this
chapter shall supersede and replace those provisions in the construction specifications
of the Town of Boston previously adopted where the same are inconsistent with
the provisions hereof.