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.
