Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Orchard Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Notification of defects — See Ch. 21.
Sewers — See Ch. 112.
[Adopted as Sec. 2-2 of the 1970 Code]
A. 
Payment of inspector; bond or cash deposit required. Any petitioner for the establishment of any special improvement district, the improvements in which are, pursuant to the petition or by order of the Town Board, to be installed at no expense to the town or the district, shall be required to pay for the services of an inspector appointed by the town during the installation of the improvements and shall, before commencing the work, furnish a bond or cash deposit in an amount to be determined by the Town Board to ensure payment of such inspector.
B. 
Notification to inspector. Any such petitioner shall be required to notify the inspector before commencing the work and keep such inspector advised of the work installation schedule in order that the work may be properly and fully inspected at all stages of installation.
C. 
Scope of section. These requirements shall also apply to the installation of any road or highway deeded or offered to be deeded to the town for public purposes and shall also apply to any other installation or improvements which the Town Board shall require to be made as a condition of its approval of any subdivision map or the issuance of any building permit.
[Adopted 2-17-1982 by L.L. No. 1-1982]
[Amended 1-16-2008 by L.L. No. 1-2008]
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 Orchard Park without first having obtained a permit therefor, to be issued by the Town Clerk with the approval of the Town Board after certification by the Town Engineer that the plans and specifications as submitted by the applicant comply with the specifications and requirements of the Town of Orchard Park. The fee for such permit shall be the sum of $50.
The application for such permit shall be made on forms furnished by the Town of Orchard Park and shall contain such information as the Town Engineer of the Town of Orchard Park shall require to determine that the proposed improvement will conform to the specifications and requirements of the Town of Orchard Park for such proposed improvement.
All applications shall be accompanied by a map or survey, together with specifications, prepared by a professional engineer duly licensed by the State of New York, one copy of which shall be filed with the Town Engineer and the Superintendent of Highways.
The Town Engineer shall provide such applicant with a set of standard specifications and requirements of the Town of Orchard Park for such work, for which a charge of $10 per copy shall be made, and no work shall be performed except in accordance therewith.
No work shall be performed except under the supervision and inspection of an inspector designated by the Town Engineer and approved by the Town Board. The wages or fees of such inspector shall be fixed and paid to the Town of Orchard Park prior to the issuance of such permit.
A. 
If public improvements, as defined by this article, are to be installed or constructed upon real property to which the Town of Orchard Park has title or will acquire title thereto, the holder of the public improvement permit, before commencing any work in connection therewith, shall submit to the Town Clerk of the Town of Orchard Park one of the following forms of security for approval by the Town of Orchard Park:
(1) 
Bond.
(a) 
A bond executed by a solvent surety corporation as surety authorized to do business in the State of New York, in a sum equal to 10% of the cost of the work to be performed, as determined by the Town Engineer, which bond shall be approved by the Town of Orchard Park, guaranteeing faithful performance of all work in accordance with the specifications and requirements of the Town of Orchard Park.
(b) 
Such bond shall remain in full force and effect until the certificate of completion and satisfactory compliance with this article shall have been issued by the Town of Orchard Park.
(c) 
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described bond shall be forfeited to the Town of Orchard Park.
(2) 
Irrevocable letter of credit.
(a) 
An irrevocable letter of credit supplied by a bank authorized to do business in the State of New York, in a form acceptable to the Town of Orchard Park and in a sum equal to 10% of the cost of the work to be performed, as determined by the Town Engineer, guaranteeing faithful performance of all work in accordance with the specifications and requirements of the Town of Orchard Park.
(b) 
Such letter of credit shall remain in full force and effect until the certificate of completion and satisfactory compliance with this article shall have been issued by the Town of Orchard Park.
(c) 
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described letter of credit shall be forfeited to the Town of Orchard Park.
(3) 
Cash deposit.
(a) 
A cash deposit in the amount of 10% of the cost of such public improvement, as determined by the Town Engineer, to be placed on deposit with the Town of Orchard Park.
(b) 
Such deposit shall remain in full force and effect until the certificate of completion and satisfactory compliance with this article shall have been issued by the Town of Orchard Park.
(c) 
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described cash deposit shall be forfeited.
B. 
Security.
(1) 
Security shall be provided for the construction of the following public improvements:
(a) 
Paving and curbing.
(b) 
Storm sewer, including retention facilities.
(c) 
Sanitary sewer.
(d) 
Waterline.
(e) 
Streetlighting.
(2) 
Security for sidewalk and streetlighting. A separate agreement between the applicant for a public improvement permit and the Town of Orchard Park shall provide for security in the construction and maintenance of sidewalk and streetlighting public improvements.
C. 
The Town of Orchard Park shall have final approval over the form of any security device for use by applicants for public improvement permits.
A. 
In the interest of protecting public improvements from any and all defects in material or workmanship and to provide for the cost of repair and/or replacement of such improvements, the town has determined that a maintenance bond, irrevocable letter of credit or cash deposit shall be filed by all applicants for public improvement permits.
B. 
Applicants for public improvement permits for public improvements which are to be installed or constructed upon real property to which the Town of Orchard Park has acquired or will acquire title shall provide or cause to be provided and submitted to the Town Clerk, prior to acceptance of such public improvement, one of the following forms of security for approval by the Town of Orchard Park:
(1) 
Bond.
(a) 
A maintenance bond executed by a solvent surety corporation as surety authorized to do business in the State of New York, in a sum equal to 50% of the cost of the work to be performed as determined by the Town Engineer pursuant to § 104-7A(1)(a) of this article. Such bond shall remain in full force and effect for a period of two years from the acceptance of said public improvement by the Town Board of the Town of Orchard Park.
[Amended 3-6-1991]
(b) 
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described bond shall be forfeited to the Town of Orchard Park.
(2) 
Irrevocable letter of credit.
(a) 
An irrevocable letter of credit supplied by a band authorized to do business in the State of New York, in a form acceptable to the Town of Orchard Park and in a sum equal to 50% of the cost of the work to be performed as determined by the Town Engineer pursuant to § 104-7A(2)(a).
[Amended 3-6-1991]
(b) 
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described letter of credit shall be forfeited to the Town of Orchard Park.
(3) 
Cash deposit.
(a) 
A cash deposit in an amount equal to 50% of the cost of the work to be performed as determined by the Town Engineer pursuant to § 104-7A(3)(a). Such cash deposit shall remain on deposit with the Town of Orchard Park for a period two years from the acceptance of said public improvement by the Town Board of the Town of Orchard Park.
[Amended 3-6-1991]
(b) 
Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this article, the above-described cash deposit shall be forfeited to the Town of Orchard Park.
(4) 
Other acceptable security in the discretion of the Town Board.
C. 
A maintenance bond, irrevocable letter of credit or cash deposit shall be required for the following public improvements:
(1) 
Paving and curbing.
(2) 
Storm sewer, including retention facilities.
(3) 
Waterline.
(4) 
Sanitary sewer.
(5) 
Streetlighting.
D. 
The Town of Orchard Park shall have final approval over the form of any security device for use by applicants for public improvement permits.
The holder of a permit shall comply with all the ordinances of the Town of Orchard Park 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 article shall be a condition precedent to the acceptance of any street, highway or other public improvement by the Town of Orchard Park for the purpose of maintenance.
The construction specifications of the Town of Orchard Park are adopted as a provision of this article as if fully set forth herein, except that this article shall supersede and replace those provisions in the construction specifications of the Town of Orchard Park relating to maintenance bonds for public improvements.