In accordance with Article 2 of the Municipal Home Rule Law
of the State of New York, the Penfield Town Board has the authority
to enact laws for the purpose of promoting the health, safety, or
general welfare of the Town of Penfield, including the protection
and preservation of the property of its inhabitants. By the same authority,
the Penfield Town Board may include in any such law provisions for
the appointment of any municipal employees to effectuate and administer
such law.
All applicants are required to submit actual "as built" plans
for any stormwater management practices located on site after final
construction is completed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by
a New York State licensed professional engineer. A final inspection
by the Town of Penfield is required before the release of any performance
securities can occur.
All applicants are responsible for maintaining the grading of
the site so that it is consistent with the certified "as-built" plans.
Any post-construction alterations to the landscape shall receive prior
approval from the Town of Penfield. Temporary landscape alterations,
such as those associated with utility excavations and landscaping
activities, must be restored to conditions that are consistent with
the certified "as-built" plans.
All fees shall be paid as defined by the Town Board.
The Town of Penfield may, at its discretion, require the submittal
of a letter of credit, cash, or performance bond prior to approval
in order to insure that the stormwater practices are installed as
required by the approved stormwater pollution prevention plan. The
amount of the installation performance security shall be the total
estimated construction cost of the stormwater management practices
approved by the Town of Penfield, plus 4% for inspection and 10% for
contingencies. The performance security shall contain forfeiture provisions
for failure to complete work specified in the stormwater pollution
prevention plan. The installation performance security shall be released
in full only upon submission of "as built" plans and written certification
by a New York State licensed professional engineer that the stormwater
practice has been installed in accordance with the approved plan and
other applicable provisions of this article. The Town of Penfield
will make a final inspection of the stormwater practice to ensure
that it is in compliance with the approved plan and the provisions
of this article. Provisions for a partial pro-rata release of the
performance security based on the completion of various development
stages can be done at the discretion of the Town of Penfield.