Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
The petitioner, at his or her own expense, shall provide (design, construct, install) the improvements required by these Regulations. All improvements shall meet Town standards and specifications as found in the Town Specifications for Public and Private Improvements.
5-2-1. 
There may be cases when, due to weather conditions or other factors beyond the control of the petitioner (exclusive of financial hardship) it would be unreasonable to require the petitioner to comply with all of the requirements of these Regulations prior to commencing the intended use of the property or occupying any buildings. In these cases, the Commissioner of Building may authorize commencement of the intended use or occupancy of buildings if the permit recipient provides a performance bond or other security of up to 125 percent of the cost of the remaining improvement to ensure that all subdivision regulations will be fulfilled within not more than three years.
5-2-2. 
In the event that any required improvements have not been installed in accordance with these Regulations within the term of the performance bond, the Town Board may declare the bond to be in default and collect the sum remaining payable. Upon the receipt of the proceeds of the bond, the Town shall install such improvements as are covered by the bond and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
5-3-1. 
Public and Private Improvement Permit. No improvement shall be constructed or installed without the prior approval of plans by the Town Board and the Town Engineer, who shall issue Public and Private Improvement Permits, as appropriate, following approval of the final plat or posting of a performance bond in accordance with §  5-2.
5-3-2. 
Construction Contracts. Prior to the start of construction of any required improvements, the petitioner shall furnish to the Town Engineer a copy of the specifications included in any contract entered into by the petitioner for such construction.
5-3-3. 
Modification of Design of Improvements. If at any time before or during the construction of the required public improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer, in consultation with the Highway Superintendent, may authorize such modifications upon written request of the petitioner, provided such modifications are within the spirit and intent of the approved final plat approval and do not amount to the waiver or substantial alteration of the function of any improvement required by the Town. The Town Engineer shall issue any authorization under this Section in writing and shall transmit a copy of such authorization to the Planning Director.
5-4-1. 
Supervision of Construction. The construction of all required improvements shall be supervised by a registered professional engineer employed by the Town of Amherst at the expense of the petitioner. After completion of construction, the supervising engineer shall certify to the Town Engineer that all required improvements have been constructed as required and approved by the Board or as such requirements have been modified by the Town Engineer. In addition, after completion of construction, the supervising engineer shall submit a certified plan showing all improvements as constructed, in the same detail as required for the Public and Private Improvement Permit drawings.
5-4-2. 
Inspection by the Town. The Town Engineer or designee shall inspect required improvements during construction to assure their satisfactory completion.
5-4-3. 
Notification. The petitioner shall notify the Town at least five days prior to the start of construction or installation of any improvement and at least 24 hours prior to the completion of such improvements.
5-4-4. 
Fees. All costs of inspection shall be charged to the petitioner at the issuance of a Public and Private Improvement Permit.
5-4-5. 
Petitioner Responsible.
A. 
If the Town Engineer finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved plans and specifications filed by the petitioner, he or she shall so report to the Town Board, Commissioner of Building, Zoning Enforcement Officer and Planning Board. The Town Board shall then notify the petitioner and instruct the petitioner to correct any discrepancies.
[Amended 3-4-2019 by L.L. No. 7-2019]
B. 
Failure to reject improvements shall not, in any way, prevent later rejection when such defects are discovered, or obligate the governing body to final acceptance.
The required improvements shall not be considered to be completed until the installation of the improvements has been approved and certified by the Town Engineer and a final as-built map has been submitted indicating the location of monuments marking all underground utilities as actually installed. In addition, a two-year maintenance bond for all required improvements shall be submitted prior to acceptance of all the improvements by the Town Engineer and issuance of a Public and Private Improvement Permit. A maintenance bond shall be in the amount of 25 percent of the construction cost for each utility.