It shall be unlawful for any person to make any tunnel, opening
or excavation of any kind in or under the surface of any street without
first securing a permit from the Village for each separate undertaking;
provided, however, that any person maintaining pipes, lines or other
underground facilities in or under the surface of any street may proceed
with an opening without a permit when emergency circumstances demand
the work to be done immediately, provided that the permit could not
reasonably and practically have been obtained beforehand. The person
shall thereafter apply for a permit no later than the third business
day after the work was performed on which the Village is open for
business, and said permit shall be retroactive to the date when the
work was begun.
No person to whom a permit has been granted shall perform any
of the work authorized by such permit in any amount or quantity greater
than that specified in the permit, except upon the prior written approval
of the Village Engineer. Any deposit and bond posted in connection
with the original permit shall be deemed to cover any such additional
work as may be approved pursuant to this section. If the additional
work is not approved by the Village Engineer, the permittee shall
apply for a new permit.
Written notification to the Village Engineer and Superintendent
shall be made no less than 48 hours prior to the commencement of the
work covered by the permit and as soon as possible but no later than
72 hours after performing any work in a street associated with emergency
conditions.
Permits are not transferable from one person to another, and
the work shall not be made in any place other than the locations specifically
designated in the permit.
Every permit shall expire at the end of the period of time which
shall be set out in the permit. If the permittee shall be unable to
complete the work within the specified time, he shall, prior to the
expiration of the permit, present in writing to the Village Engineer
a request for an extension of time, setting forth therein the reasons
for the requested extension. If in the opinion of the Village Engineer
such an extension is necessary and not contrary to the public interest,
the permittee may be granted additional time for the completion of
the work.
All street openings required by utilities owned or operated
by the Village shall be made and restored under the direction and
supervision of the Superintendent. The permit, fee, deposit, insurance
and bond requirements of this article shall not be applicable to any
openings made by such municipality-owned or -operated utilities.
The provisions of this article shall not be applicable in those
instances where the highway is maintained by the State of New York
or by the County of Westchester, or any street not accepted or maintained
by the Village.
Every permit shall be granted subject to the right of the Village
or of any other person entitled thereto to use the street for any
purpose for which such street may lawfully be used, not inconsistent
with the permit.
It shall be the duty and responsibility of any applicant to:
A. Make a written application for such permit with the Village Engineer
on forms providing all information necessary for the administration
and enforcement of this article. No work shall commence until the
Village Engineer has approved the application and plan and issued
a permit and until the permittee has paid and provided all fees, deposits,
certificates and bonds required by this article.
B. Furnish in duplicate a plan showing the work to be performed under
said permit. If approved by the Village Engineer, one copy of such
plan shall be returned to the applicant at the time the permit is
granted.
C. If requested by the Village Engineer, the applicant must supply a
detailed maintenance and protection of traffic (MPT) plan, as per
New York State Department of Transportation standards, showing the
area of proposed work, all signage to be installed, detour routes,
location of traffic control personnel, proposed lane closures, or
any other requirement specified by the Village Engineer.
D. If required by the Village Manager the use of Village of Croton-on-Hudson
Police Department personnel may be required for additional traffic
control. The expense for such personnel usage shall be paid by the
applicant. The cost for the use of Croton-on-Hudson Police Department
personnel shall be established by the Village Manager and the applicant
shall include this cost in the deposit.
E. Pay a permit fee to be determined by the Village Board by resolution
and set in the fee schedule; provided, however, that if approved by
the Village Manager public utilities or authorities shall be billed
for such fees as they shall accrue.
F. Make a deposit to cover the cost of restoring the street damaged by such work. The deposit shall also cover the Village's cost to hire a third-party inspection service/inspector to oversee the opening and restoration of any work performed in the street if in the Village's sole opinion it deems it necessary. All fees associated with this service shall be paid by the applicant prior to the issuance of any permit. The amount of deposit shall be computed by the Village Engineer and in the case of any police personnel costs by the Village Manager as provided by §
197-54 of this article.
G. Furnish a performance bond as required by §
197-55 of this article.
H. Furnish a certificate of insurance as required by §
197-56 of this article.
I. Submit, when required by the Village Engineer, a list of addresses
of all properties within a specified buffer distance of the work area
where the work authorized by the permit is to be performed.
J. Submit, when required by the Village Engineer, documentation that
the permittee is capable of providing all materials, labor and equipment
which are needed to complete such work as authorized by the permit.
K. Obtain any other required Village permits and include a copy with
the permit application.
It shall be the duty and responsibility of any person receiving
a permit to:
A. Comply with all provisions of this article and conditions of the
permit.
B. The permittee, as a minimum, shall notify the owners and occupants
of all properties abutting or adjoining the work zone of the type
and schedule of the work to be performed 48 hours prior to the commencement
of any work except in instances where the work is of an emergency
nature that will not permit such advance notice. In emergencies where
48 hours' advance notice is impossible, property owners will be given
as much notice as possible. The Village Engineer may require the permittee
to notify additional property owners in a larger buffer zone around
the work zone and that the notification be in writing and a copy of
the written notice be provided to the Village to review before delivering
to the property owners.
C. Keep the original copy of the permit and an approved copy of the
plan at all times while such work is in progress at the location for
which said permit was granted, and show such permit and plan upon
demand by the Village authorities.
D. Comply with New York State Code Rule 753.
Each applicant, prior to the issuance of a permit, shall provide
the Village with acceptable documentation of insurance coverage in
accordance with the Village's insurance requirements for permits on
file with the Village Clerk.
Restriction upon opening new streets. No permit shall be issued
by the Village Engineer which would allow an excavation or opening
in a paved and improved street surface less than three years old,
unless the applicant can clearly demonstrate that public health or
safety require that the proposed work be permitted or unless an emergency
condition exists.
The penalty for any violation of the provisions of this article shall be as provided in §
1-12 of Chapter
1, General Provisions. Each day that such violation continues shall constitute a separate offense.