A.
Except in conjunction with work performed under Article III hereof or other necessary installation or maintenance work performed by public service corporations on their distribution facilities in the street, or pursuant to a permit issued under "An Ordinance to Regulate the Use of City Sidewalks by Abutting Merchants for Display Purposes,"[1] no person, firm or corporation shall obstruct, encumber
or otherwise restrict the flow of traffic or occupy in any manner
or for any purpose whatsoever any public street, highway or sidewalk
area without first obtaining therefor from the Director a written
permit for street obstruction.
[Amended 9-24-1984]
B.
The use and operation of construction machinery or
equipment in connection with building operations, when such machinery
or equipment obstructs, encumbers or occupies any portion of a public
street, highway or sidewalk area, will not be allowed unless a written
permit for street obstruction has first been obtained from the Director.
C.
Such permits shall be valid for an effective period,
not to exceed 30 consecutive calendar days, to be determined and specified
therein by the Director. Such effective period may be extended, if
so requested in writing by the permittee prior to expiration thereof,
for such additional period as the Director, in his discretion, may
authorize.
[Amended 6-24-2019 by L.L. No. 3-2019]
Any person, firm or corporation desiring a permit
for street obstruction shall make application therefor to the Director
upon forms provided for that purpose. Said application shall contain
the names and addresses of the applicant and of the owner of the property
in front of which the street obstruction is proposed; the location
of such property; the section, block and lot designation thereof;
the extent and nature of the proposed obstruction; the date or dates
thereof, together with such necessary sketches and additional information
as may be required by the Director, and a signed statement by the
applicant that said applicant agrees to abide by all the conditions
of the permit, the provisions of the Charter and the ordinances of
the City and the applicable rules and regulations of the Department
of Public Works.
A.
No permit for street obstruction shall be issued by
the Director until the applicant therefor shall have first placed
on file with said Director, without cost to the City, satisfactory
evidence of public liability insurance in the amount of not less than
$200,000 for any one person and not less than $300,000 for any one
accident, and property damage insurance in the amount of not less
than $25,000 for any one accident and $50,000 in the aggregate, and
satisfactory evidence that said insurance has been approved as to
form, correctness and adequacy by the Corporation Counsel, to insure
the City against any loss, injury or damage arising out of the granting
of the permit or from any negligence or fault of said applicant, his
agents, servants or employees in connection with said obstruction
or with any work related thereto.
B.
Such insurance must remain in force throughout the
effective period of the permit as well as any authorized extensions
thereof and shall carry an endorsement to the effect that the insurance
company will give at least 10 days' written notice to the City of
Peekskill of any modification or cancellation of any insurance.
[Amended 11-14-1966; 3-28-2005 by L.L. No. 9-2005; 9-25-2017 by L.L. No. 2-2017]
A.
No permit for street obstruction shall be issued by the Director
until the applicant therefor shall have first paid to the City, in
cash or by check, payable to the City of Peekskill:
B.
No permit for street obstruction shall be extended by the Director
until the applicant therefor shall have first paid to the City in
cash or by check, payable to the City of Peekskill, a fee as set forth
in the Consolidated Fee Schedule maintained in the office of the City
Clerk if such obstruction or any part thereof occurs in streets located
in or contiguous to any C-1, C-2, M-1 or M-2 District as defined in
the Zoning Ordinance of the City,[1] as amended, or if such obstruction occurs elsewhere for
each extension of 30 days or less.
A.
Amount.
(1)
The amount of deposit for street obstructions shall
be computed in accordance with the following unit prices for areas
to be obstructed, encumbered or occupied, as determined by the Director:
(a)
For the storage of materials, or any operation
connected with the erection, demolition, repair, alteration or reconstruction
of a building, other than the loading, unloading and/or operation
of construction equipment or machinery, for each square foot: $0.50.
(b)
For the loading, unloading and/or operation
of construction equipment or machinery in connection with the erection,
demolition, repair, alteration or reconstruction of a building, for
each square foot: $1.
(c)
Minimum amount of deposit for each street obstruction:
$50.
(2)
Amount of deposit, and minimum amount thereof, noted
above, shall be doubled when the obstruction or any part thereto occurs
in streets located in or contiguous to any C (commercial) District
or any M (industrial) District as defined in the Zoning Ordinance
of the City.[1]
[Amended 5-14-2007 by L.L. No. 3-2007]
(3)
When permittee exceeds maximum authorized obstruction
specified in permit, said permittee shall, when so ordered, pay to
the Director such additional amounts of deposit as the Director may
require. Failure on the part of the permittee to comply promptly with
said order shall be considered sufficient cause for revocation of
the permit.
B.
The deposit shall be retained by the City until expiration
of the permit as security for the faithful performance by the applicant
of all the terms, agreements, covenants and conditions of the permit
on the applicant's part to be done or performed.
C.
Upon the failure or default by the permittee of any
of the terms, agreements, covenants and conditions of the permit on
its part to be done and performed, said deposit may be used by the
City for any expense incurred by the City by reason of such failure
or default on the part of the permittee and without prior notice thereof
to the permittee, and said permittee shall have no claim against the
City for loss of anticipated profits or for any losses by reason thereof.
D.
Any balance left after the expense of such failure
or default, as determined and certified by the Director, has been
paid and deducted from the amount of the deposit shall be refunded
to the permittee.
A.
In the case of a permit issued by the Director for
a street obstruction related to the erection, demolition, repair,
alteration or reconstruction of a building, the permissible area of
the street, highway or sidewalk to be obstructed, encumbered or occupied
shall be determined and specified by the Director.
B.
Unless otherwise authorized in writing by the Director,
the permittee shall conduct his operation under the permit for street
obstruction in such a manner that not less than 2/3 of the total width
of a street or highway pavement or surface shall at any time remain
free of any obstruction.
C.
The permittee shall keep clear and unobstructed at
all times, and shall in no way interfere with prompt access to or
adequate operation of, all manholes, catch basins, hydrants, valves
or fire alarm boxes that may be situated in or near the area obstructed
or occupied in accordance with the permit.
D.
Except as otherwise provided herein, the permittee
shall also keep clear and unobstructed at all times the sidewalk area
and gutter in or near the area occupied under the permit and shall
remove promptly therefrom any dirt or rubbish.
A.
Except as otherwise provided herein, the permittee
shall erect and maintain suitable protective barricades and fences
around the obstruction or area occupied and shall at all times provide
a safe, adequate and unobstructed passageway not less than four feet
in clear width for the use of pedestrians.
B.
When materials are to be moved over the sidewalks
by means of derrick, crane, hoist or chute, the permittee shall provide
a safe and adequate sidewalk shed conforming to the requirements of
the New York State Uniform Fire Prevention and Building Code or, when
so ordered by the Director, shall provide a safe, adequate and unobstructed
temporary sidewalk around the obstruction or area occupied.[1]
C.
Temporary sidewalks, when so ordered, shall, wherever
practicable, be built to the same level as the existing sidewalk and
in such a manner as not to interfere with the free flow of water in
the street or gutter.
D.
The permittee shall also make adequate provision for
the safe passage of vehicular traffic by day and by night. Where the
free flow of traffic is interfered with, the permittee shall designate
competent persons to direct and expedite traffic by means of lights
or flags.
No permit for street obstruction shall be required
for the loading or unloading across a sidewalk area of goods, wares
or merchandise which are in the process of being transferred to or
from trucks or other vehicles standing at the curbline; provided,
however, that such loading or unloading shall be conducted in the
most prompt manner possible and shall be subject to such laws and
ordinances as may be adopted by the City, and provided further that
the Director may, in his discretion, require that such loading and
unloading shall take place during certain specified hours.
Any damage resulting from the obstruction, encumbrance
or occupation of a public street, highway or sidewalk area or from
the storage of materials or operation of construction equipment or
machinery shall be repaired by the permittee to the satisfaction of
the Director, when so ordered.
