[Adopted 1-7-2019 by L.L.
No. 1-2019]
A.
APPLICANT
EMERGENCY
PERMITTEE
PERSON
STREET
SUPERINTENDENT
VILLAGE
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
Any person who makes application for a permit.
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or property.
Any person who has been issued a permit and has agreed to
fulfill all terms of this article.
Includes any natural person, partnership, firm, association,
utility, corporation or authority created pursuant to an act of the
Board of Trustees. Whenever used in any section prescribing and imposing
a penalty, the term "person" as applied to associations shall mean
the partners or members thereof, and as applied to corporations, the
officers thereof.
Includes a public street, public easement, public right-of-way,
public highway, public alley, public way, public road or public sidewalk
accepted or maintained by the Village.
The person in charge of the Department of Public Works in
the Village, or his authorized deputy, representative or inspector.
The Village of Croton-on-Hudson, New York, County of Westchester,
State of New York.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
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.
A.
Any permit may be revoked by the Village Engineer, after notice to
the permittee, for:
(1)
Violation of any condition of the permit or of any provision of this
article.
(2)
Violation of any provision of any other applicable ordinance or law
relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or property of others.
A permittee may be granted a period of three days from the date of
the notice to correct the violation and to proceed with the diligent
prosecution of the work authorized by the permit before said permit
is revoked.
B.
Written notice of any such violation or condition shall be served
upon the permittee or his agent engaged in the work. The notice shall
contain a brief statement of the grounds relied upon for revoking
the permit. Notice may be given either by personal delivery thereof
to the person to be notified or by certified or registered United
States mail or any other method of delivery providing proof of delivery
addressed to the person to be notified.
C.
When any permit has been revoked and the work authorized by the permit
has not been completed, the Superintendent shall do such work or hire
others to do such work as may be necessary to restore the street or
part thereof to as good a condition as before the opening was made.
All expenses incurred by the Village shall be recovered from the deposit
or bond the permittee has made or filed with the Village.
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.
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.
A.
No opening or excavation in any street shall extend beyond the center
line of the street before being backfilled and the surface of the
street temporarily restored unless the use of steel road plates has
been approved by the Village Engineer or the Superintendent.
B.
No excavation more than 150 feet, measured longitudinally, shall
be opened in any street at any one time without permission in writing
from the Village Engineer or Superintendent, and only in instances
where a sufficient hardship can be shown.
C.
All utility facilities shall be exposed sufficiently ahead of trench
excavation work to avoid damage to those facilities and to permit
their relocation, if necessary.
D.
Pipes, drains, culverts, or other above or below ground utility facilities
encountered shall be protected by the permittee.
E.
Monuments of concrete, iron or other lasting material set for the
purpose of locating or preserving the lines of any street or property,
or a precise survey reference point or a permanent survey bench mark
with the Village, shall not be removed or disturbed or caused to be
removed or disturbed unless permission to do so is first obtained,
in writing, from the Village Engineer. Permission shall be granted
only upon condition that the permittee shall pay all expenses incident
to the proper replacement of the monument.
F.
Work performed by the permittee shall not interfere with the established
drainage system of any street. Provisions shall be made by the permittee
to provide proper drainage to the satisfaction of the Village Engineer
or Superintendent.
G.
When any earth, gravel or other excavated material is caused to roll,
drop, flow or wash upon any street, the permittee shall cause the
same to be removed from the street no later than the end of the same
work day. In the event the earth, gravel or other excavated material
so deposited is not removed, the Village Engineer or Superintendent
shall cause such removal and the cost incurred shall be paid by the
permittee or deducted from his deposit. Such costs shall be determined
by the Village.
H.
The Village Engineer or Superintendent may require that the excavation
be backfilled with controlled low strength material, having a minimum
strength of between 50 and 200 psi at 28 days.
I.
The Village Engineer or Superintendent may require that a temporary
pavement repair of two inches of asphalt concrete be installed until
the permanent pavement repair is made. The permittee shall maintain
any temporary pavement repair.
J.
If requested by the Village Engineer or Superintendent, the permittee
shall provide a schedule of when the permanent pavement restoration
will be completed.
K.
The Village Engineer or Superintendent may establish a date by which
the permanent pavement work needs to be completed and shall give the
permittee 30 days' notice of the date. If the permittee fails to complete
the permanent pavement restoration by the established date, the Village
may complete permanent pavement restoration. All expenses incurred
by the Village shall be recovered from the deposit and/or bond provided
by the permittee under this article.
L.
Safety of work and traffic control zones.
(1)
Every permittee shall have a foreman at the work site to oversee
the work including the safety of the work and traffic control zones.
(2)
Every permittee shall place in the work and traffic control zones
such signs, channelizing devices, lighting devices and pavement markings
in accordance with guidelines in the latest edition of the Cornell
Local Roads Program Work Zone Safety Handbook or approved Maintenance
and Protection of Traffic Plan. Additional safety requirements may
be prescribed by the Village Engineer or Superintendent based on conditions
in the work and traffic control zones.
(3)
If required by the Village Engineer or Superintendent, the permittee
shall provide a trained flagger(s) to control traffic in the work
and traffic control zones. Flagging operations shall be in accordance
with guidelines in the latest edition of the Cornell Local Roads Program
Work Zone Safety Handbook and Flaggers Handbook or approved Maintenance
and Protection of Traffic Plan. Additional flaggers may be required
by the Village Engineer or Superintendent based on conditions in the
work and traffic control zones.
(4)
Whenever any permittee fails to provide or maintain any safety devices
required by the permit or Village Engineer or Superintendent, such
devices may be installed and/or maintained by the Village. The amount
of the cost incurred shall be paid by the permittee or deducted from
his deposit. Such costs shall be determined by the Village.
(5)
No person shall willfully move, remove, injure, destroy or extinguish
any signs, channelizing devices, lighting devices and pavement marking
erected, placed or posted in accordance with the provisions of this
article.
M.
Access to private driveways must be provided at all times when work
is not actually in progress. Temporary access to driveways must be
provided as needed by the property owners and their tenants at all
times. Proper access must be provided at all times to fire hydrants.
N.
Excavated materials shall be laid compactly along the side of the
trench and kept trimmed up so as to cause as little inconvenience
as possible to public travel. In order to expedite the flow of traffic
or to abate a dirt or dust nuisance, the Village Engineer or Superintendent
may require the permittee to place the excavated material directly
into a vehicle or container. If the excavated area causes inconveniences
to pedestrians, temporary walks and, if required, fencing shall be
installed by the permittee as directed by the Village Engineer or
Superintendent.
O.
Work authorized by a permit shall be performed between the hours
of 8:00 a.m. and 8:00 p.m., Monday through Saturday and between the
hours of 10:00 a.m. and 8:00 p.m. on Sunday, unless the permittee
obtains written consent from the Village Engineer or Superintendent
to do the work at an earlier or later hour. Such permission shall
be granted only in case of an emergency or special circumstances.
P.
In granting any permit, the Village Engineer may attach such other
conditions thereto as may be reasonably necessary to prevent damage
to public or private property or to prevent the operation from being
conducted in a manner hazardous to life or property or in a manner
likely to create a nuisance or unacceptably disrupt traffic. Such
conditions may include, but shall not be limited to:
(1)
Limitations on the period of the year in which the work may be performed;
(2)
Limitations on the time of day in which the work may be performed;
(3)
Restrictions as to the size and type of equipment;
(4)
Designation of routes upon which materials may be transported;
(5)
The place and manner of disposal of excavated materials;
(6)
Requirements as to dust control, the cleaning of streets, the prevention
of noise and other results offensive or injurious to the neighborhood,
the general public or any portion thereof; and
(7)
Regulations as to the use of streets in the course of the work.
A.
All pavement cuts, openings and excavations shall be properly made,
backfilled and temporarily surfaced by the permittee according to
the permit conditions and Village specifications.
B.
The Village Engineer or Superintendent must be notified by the permittee
during the forty-eight-hour period preceding beginning of backfilling,
of the date and approximate time at which backfilling will be begun.
C.
No backfilling shall be begun unless or until either the Village
Engineer, the Superintendent or a designated Village inspector is
present.
D.
After excavation is commenced, the work of making and backfilling
the same shall be prosecuted and completed with due diligence.
E.
The work of the permanent restoration, including both paving surface,
paving base, and subbase shall be performed by the permittee according
to permit conditions and Village specifications.
F.
Where trenches are made parallel to the street, or where a number
of cross trenches are laid in close proximity to one another or are
numerous, or where the equipment used may cause such additional damage
to the pavement, the Village Manager may require a negotiated payment
from the permittee for the final pavement restoration of such street
if, in his opinion, the damage to the pavement will be so excessive
it will require the complete resurfacing of the street area involved.
Such negotiations shall be carried on and payment agreed upon prior
to issuance of a permit.
G.
Upon completion of all work accomplished under the provisions of
the permit, the permittee shall notify the Village Engineer in writing.
A certificate of final inspection shall be issued by the Village Engineer
to each permittee no sooner than one year after the permanent restoration
of the excavation has been made, provided that the work authorized
by the permit has been performed according to Village specifications.
Prior to the issuance of a certificate, the Village Engineer or Superintendent
shall make a final inspection of the restoration to determine whether
Village specifications have been adhered to.
H.
If any settlement in a restored area occurs within a period of one
year from the date of completion of the permanent restoration, the
permittee is required to correct the settlement and repair the pavement
within 30 days of notification by the Village. If the contractor does
not complete the work within the time frame specified, the Village
has the right to make the repair. Any expense incurred by the Village
in correcting such settlement shall be paid by the permittee or recovered
from his bond, unless the permittee submits proof satisfactory to
the Village Engineer that the settlement was not due to defective
backfilling.
I.
In no case shall any opening made by a permittee be considered in
the charge or care of the Village or any of its, officers or employees,
and no officer or employee is authorized in any way to take or assume
any jurisdiction over any such opening, except in the exercise of
police power, when it is necessary to protect life and property.
J.
If any restoration completed by a permittee is not satisfactory to
the Village Engineer or Superintendent, and the permittee shall fail
to correct the work to his satisfaction, he may cause such work to
be redone to his satisfaction including hiring a contractor to perform
the work. All expenses incurred by the Village shall be recovered
from the deposit and/or bond provided by the permittee under this
article.
K.
If the Village Engineer or Superintendent finds that pavement surfaces
outside the minimum pavement restoration limits were damaged by the
permittee, the Village Engineer or Superintendent may expand the pavement
restoration limits to include these damaged pavement surfaces or that
these damaged pavement surfaces are otherwise repaired by the permittee
to his satisfaction.
L.
All permanent pavement restoration shall be performed to the limits
shown on the drawing of minimum pavement restoration limits which
shall be approved by the Village Board of Trustees by resolution and
on file in the Village Clerk's office.
M.
The permittee is responsible to ensure that the pavement restoration
does not cause an increase in drainage flow from the restored pavement
onto driveways or other surfaces adjacent to the restored pavement
compared to preexisting conditions. If the pavement restoration results
in an increase in drainage flow, the permittee shall correct the drainage
condition to the satisfaction of the Village Engineer or Superintendent
within 30 days. If the drainage condition is not corrected in 30 days,
the Village Engineer or Superintendent may cause such work to be done
to his satisfaction including hiring a contractor to perform the work.
All expenses incurred by the Village shall be recovered from the deposit
and/or bond provided by the permittee under this article.
A.
Computation of deposits. The Village Engineer, upon receipt of a
properly completed application, shall determine the amount of the
deposit to be made by the permittee; provided, however, that the deposit
shall not be less than an amount to be determined by the Village Board
by resolution and set in the minimum pavement restoration limits drawing.
The deposit shall be paid prior to the permit being issued, and the
deposit shall be used to reimburse the Village for the cost of any
work and materials furnished by it in connection with the work authorized
by the permit and for any other purpose set forth in this article
including the cost of any police personnel services established by
the Village Manager.
B.
Form of deposit. The deposit may be either in the form of a check,
or in lawful money of the United States.
C.
Insufficient deposit. If any deposit is less than sufficient to pay
all costs, the permittee shall, upon demand, pay to the Village an
amount equal to the deficiency. If the permittee refuses or fails
to pay such deficiency, the Village may institute an action to recover
the same in any court of competent jurisdiction. Until such deficiency
is paid in full, no additional permits shall be issued to such permittee.
D.
Yearly deposit. Whenever any public utility or authority shall anticipate
more than one street opening or excavation per calendar year, such
utility or authority may post one deposit in an amount and form as
provided above for the calendar year or part thereof to cover the
cost of any and all work.
E.
Deposit and cost schedules. The amount of deposit for street openings
shall be established by the Village Engineer based on the type and
nature of the proposed work and shall not be less than the minimum
amount set forth in the fee schedule.
F.
Refund of deposit. Upon notification by the permittee that all work
authorized by the permit has been completed, and after restoration
of the opening and final inspection, the Village Engineer shall refund
to the permittee his deposit less all costs incurred by the Village
in connection with said permit and any other expenses required by
this article, for which final settlement has not been made. In no
event shall the permit fee be refunded once work has been undertaken.
A.
Bond requirements. Each applicant prior to the issuance of a permit
shall provide the Village with an acceptable bond to guarantee faithful
performance of the work authorized by a permit granted pursuant to
this article. The amount of the bond shall be 100% of the estimated
cost of restoring the street opening as determined by the Village
Engineer. The term of the bond shall begin upon the date of posting
thereof and shall terminate upon the receipt by the permittee of a
certificate of final inspection from the Village Engineer. If the
permittee anticipates requesting more than one permit per year as
required by this article, he may furnish one continuing corporate
surety bond to guarantee faithful performance in such amount as the
Village Engineer deems necessary. The amount of such bond shall be
in relation to the cost of restoring pavement cuts to be made by the
permittee throughout the year.
B.
Default in performance. Whenever the Village Engineer shall find
that a default has occurred in the performance of any term or condition
of the permit, written notice thereof shall be given to the permittee
and if the bond is a surety bond to the surety on the bond. Such notice
shall state the work to be done, the estimated cost thereof and the
period of time deemed by the Village Engineer to be reasonably necessary
for the completion of such work.
C.
Completion of work. After receipt of such notice, the permittee and/or
surety must, within the time therein specified, either cause the required
work to be performed or, failing therein, indemnify the Village for
the cost of doing the work as set forth in the notice.
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.
A.
Every person owning, using, controlling or having an interest in
pipes, conduits, ducts or other structures under the surface of any
street used for the purpose of supplying or conveying gas, electricity,
communication impulses or data, to or from the Village or to or from
its inhabitants, or for any other purposes, shall file with the Village
Engineer such maps or sets of maps, drawn to a scale suitable for
the purposes required, showing the location, size and dimensions of
all such installations, whenever, in the opinion of the Village Engineer,
such maps are necessary for the safe and proper undertaking of street
opening work.
B.
Each map herein required shall be accompanied by an affidavit, endorsed
thereon to the effect that the same reasonably exhibits the details
required to be shown by this section as of the time of filing to the
best of the permittee's knowledge and information.
A.
Whenever any pipe, conduit, duct, tunnel or other structure located
under the surface of any street, or the use thereof, is abandoned,
the person owning, controlling or having an interest therein shall,
within 30 days after such abandonment, file with the Village Engineer
a statement, in writing, giving in detail the location of the structure
so abandoned.
B.
Each map or set of maps filed pursuant to the provisions of this
article shall show in detail the location of all such structures abandoned
subsequent to the filing of the last preceding map or set of maps.
C.
When the Village plans to pave or improve streets in which there
are abandoned facilities, the owner of such facilities shall be notified
to remove them if, in the opinion of the Board of Trustees, their
removal is in the best interest of the Village. If the owner shall
refuse to remove such facilities, the Village shall remove the abandoned
facilities and the owner shall reimburse the Village for such removal.
