[HISTORY: Adopted by the Town Board of the
Town of Orchard Park as indicated in article histories. Amendments
noted where applicable.]
[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.
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.
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.
