[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.
