[HISTORY: Adopted by the Town Board of the Town of Amherst 6-4-1951, effective 7-31-1951. Amendments noted where applicable.]
[Amended 9-2-2003 by L.L. No. 10-2003]
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 Amherst without first having obtained a permit therefor, to be issued by the Town Engineer, that the plans and specifications as submitted by the applicant comply with the specifications and requirements of the Town of Amherst. The fee for such permit shall be determined by Town Board resolution.
The application for such permit shall be made on forms furnished by the Town of Amherst and shall contain such information as the Town Engineer of the Town of Amherst shall require to determine that the proposed improvement will conform with the specifications and requirements of the Town of Amherst for such proposed improvement.
All applications shall be accompanied by a map or survey, together with specifications, prepared by a civil engineer duly licensed by the State of New York, one copy of which shall be filed with the Town Engineer, the Superintendent of Highways and the Planning Board of the Town of Amherst.
The Town Engineer shall provide such applicant with a set of standard specifications and requirements of the Town of Amherst for such work, for which a charge of $25 per copy shall be made, and no work shall be performed except in accordance therewith.
[Amended 8-15-2005 by L.L. No. 6-2005]
No work shall be performed except under the supervision and inspection of inspector designated by the Town Engineer. The fees of such inspector are fixed at 10% of the construction cost of the public improvement. The fee shall be paid to the Town prior to the issuance of the permit. The inspection fee may be increased by a commercially reasonable amount during or after implementation of the improvement at the discretion of the Town Engineer or the Town Engineer's designee due to unforeseen field conditions or complexity of design. An increase in inspection fee above 10% shall be commercially reasonable if it bears a reasonable relationship to the average charge to the Town or others for services performed in the inspection of a project similar to that involved in the permitted project.
If the improvements to be installed or constructed are upon real property to which the Town of Amherst has acquired title, the holder of the permit, before commencing any work in connection therewith, shall deliver to the Town of Amherst a bond as surety, executed by a solvent surety corporation authorized to do business in the State of New York, in a sum equal to the cost of the work to be performed, which bond shall be approved by the Town of Amherst, guaranteeing the faithful performance of all work in accordance with the specifications and requirements of the Town of Amherst.
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 Engineer.
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 Amherst.
The holder of a permit shall comply with all the ordinances of the Town of Amherst 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 Amherst for the purpose of maintenance.
This chapter shall take effect immediately upon publication in accordance with the provisions of law.