[HISTORY: Adopted by the Council of the City
of Schenectady 2-9-1970 by Ord.
No. 15274.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 228.
This article may be known and cited by the following
short title: "An Ordinance Providing for Safeguarding of Land Excavations."
It is the purpose and intent of this article
that it shall apply to excavations made where not covered by the Building
Code or general ordinance relative to excavations on streets and public
grounds, and it is further the intent of this article to supplement
the provisions of said Building Code and the general ordinance relating
to excavations on streets and public grounds.
Excavations regulated by this article shall
not be commenced until a permit therefor has been obtained from the
City Engineer. Applications for permits shall be in such form as may
be prescribed by the City Engineer and shall be accompanied by a plot
plan on which is indicated the location of the plot, the exact location
of the proposed excavation and the area and depth of the excavation.
Any excavation made for the purpose of taking
soil, earth, sand, gravel or other material shall be made in such
a manner as will prevent injury to neighboring properties, to the
street which adjoins the lot where such excavations are made and to
the public health and comfort.
[Amended 8-16-1993 by Ord. No. 93-34]
A.
It shall be unlawful for any excavation regulated
by this article to exceed a depth greater than five feet below or
be embanked by a height greater than 10 feet above the grade of the
street or streets adjacent thereto, as may have been established by
the Council of the City and shown upon the City Map, unless the side
walls of such excavation are maintained at an incline of not less
than 45º horizontal or the side walls are supported by piling
or other retaining equipment equal to that specified for building
excavations. Such excavation shall be properly drained as long as
the excavation remains.
B.
Regulations for contractors, plumbers, plumbing contractors or companies and work standards shall be promulgated by the Department of Engineering and Public Works and shall be given to all licensed plumbers, plumbing contractors or companies in the City of Schenectady, and said parties are said to be primarily responsible for general land, street and sidewalk excavation in the City of Schenectady. Failure to comply with these rules and regulations shall result in penalties as authorized by the Schenectady Code §§ 151-7A and 151-11 or other law. Said regulations to incorporate the fee mandate of § 151-9 and responsibilities and accident protection found in § 151-11 of the Code and insurance requirements found in § 151-10.
[Amended 8-16-1993 by Ord. No. 93-34]
Guards and fences shall be provided along the open sides of excavations, except that, in the discretion of the City Engineer, such guards or fences may be omitted from any side or sides other than such as are adjacent to streets or public passageways. Suitable means of exit from excavations shall be provided. This section shall be read and enforced with § 151-11, Responsibilities; public convenience; accident protection, of the Code, which shall apply to general land excavations.
[Amended 6-2-1986 by L.L. No. 3-1986; 8-16-1993 by Ord. No. 93-34; 12-27-2010 by Ord. No. 2010-20]
A.
Any person,
company or business entity found not in compliance with this chapter
shall be subject to immediate revocation of permit privileges for
the job being performed and suspension of all future work privileges
until the job is brought into compliance, a stop-work order, recovery
of cost of materials, labor and inspection fees at prevailing rates
and forfeiture of any permit fee and/or deposit.
B.
Failure
to comply with the terms of this chapter shall be a violation as defined
by the Penal Law of the State of New York and shall be punishable
by a fine not exceeding $1,000 or imprisonment not exceeding 15 days
for each day of violation, or by both such fine and imprisonment,
or by a penalty of not less than $350 nor more than $1,000 for each
day of violation to be recovered by the City in a civil action.
C.
A separate
offense shall be deemed committed on each day during or on which noncompliance
with the terms of this chapter occurs or continues unabated after
the time limit set for abatement of the violation.
D.
Any person
issued a notice of violation pursuant to any provision of this chapter
shall be subject to an administrative fee of $50, and such administrative
fee shall be charged against the land upon which the notice of violation
was issued as a municipal lien or such administrative fee shall be
added to the tax rolls as an assessment or levied as a special tax
against said property or recovered in a civil suit against the person
to which the notice of violation was issued.
It shall be unlawful for any person to dig up
or into or tunnel under or undermine or cut or in any way destroy
the pavement of any public street in the City without first having
obtained a written permit from the City Engineer.
[Amended 6-22-1981 by Ord. No. 80-164; 8-16-1993 by Ord. No. 93-34]
A.
At the same time a permit required by this article
is obtained; the owner or contractor shall pay to the Director of
Finance the sum of $250 for a permit fee to cover the cost of inspection.
Said amount of money deposited with the Director of Finance as hereinbefore
provided shall be added to the item of street repairs in the subdivision
of the annual budget of the Department of Engineering and Public Works.
[Amended 1-13-2003 by Ord. No. 2003-1; 12-27-2010 by Ord. No. 2010-20]
B.
At the time a licensed plumber, plumbing contractor
or plumbing contracting company applies for a permit required by this
article; if work is required within a City right-of-way, said party
will be required to apply for the appropriate permit in the Department
of Engineering, and said party may be required, at the discretion
of the Department of Engineering, to post a performance bond or cash
deposit equal to the estimated cost of restoration and/or repavement
based on the following criteria:
[Amended 12-27-2010 by Ord. No. 2010-20]
(1)
If the applicant has had a permit revoked in the City
of Schenectady or other adjoining municipality for a period of one
year prior to the current request for permit.
(2)
Number of times required to reexcavate or repave prior
jobs.
(3)
If the applicant has a voluntary or involuntary bankruptcy
proceeding pending.
(4)
If the applicant has been convicted of a felony within
the last five years.
C.
Said deposit or bond shall be returned or released
upon the satisfactory completion of the job.
D.
In the event the work affecting any public facility
and subject to a permit issued by the City Engineer is not completed
prior to the expiration of the permit, the permit shall have to be
resubmitted and all associated fees paid.
[Added 4-11-2005 by Ord. No 2005-4; amended 12-27-2010 by Ord. No. 2010-20]
E.
For excavations
conducted in any area of the City right-of-way, the excavator will
be required to obtain a permit from the Department of Engineering.
[Added 12-27-2010 by Ord. No. 2010-20]
(1)
A street-cut
permit shall be needed for excavation in the paved street area at
a fee of $250.
(2)
An
off-road permit shall be needed for the area outside of paved streets
excluding sidewalks at a fee of $100.
(3)
A sidewalk
permit shall be needed for the area within the sidewalk at a fee of
$50.
(4)
Major
excavation as determined by the City Engineer shall be subject to
an additional charge of $4 per square foot of excavation plus the
original application fee.
(a)
The major excavation permittee shall be required to meet with the
City Engineer to discuss scope of work and necessary conditions prior
to application.
[Amended 8-16-1993 by Ord. No. 93-34]
Each applicant hereunder, upon the receipt of
a permit, shall provide the City with an acceptable certificate of
insurance indicating that he is insured against claims for damages
for personal injury as well as against claims for property damage
which may arise from or out of the performance of the work, whether
such performance is by himself, his subcontractor or anyone directly
or indirectly employed by him. The permittee shall also provide coverage
for the City in like manner. Such insurance shall cover collapse,
explosive hazards and underground work by equipment on the street
and shall include protection against liability arising from completed
operations. The amount of the insurance shall be prescribed by the
City Engineer in accordance with the nature of the risk involved;
provided, however, that the liability insurance for bodily injury
in effect shall not be in an amount less than $1,000,000 for each
person and $2,000,000 for each accident and, for property damages,
an amount not less than $250,000 with an aggregate of $500,000 for
each injury. Public utilities and authorities may be relieved of the
obligation of submitting such a certificate if they are insured in
accordance with the requirements of this article.
[Amended 8-16-1993 by Ord. No. 93-34; 12-27-2010 by Ord.
No. 2010-20; 5-9-2016 by Ord. No. 2016-10]
A.
In the excavation, cut or opening of any street or public ground
for any purpose, the owner, excavator, public utility or plumber,
plumbing contractor or company will be held responsible for the trench
they open, and public safety and convenience shall be duly regarded
and conserved by the construction of such bridges across open trenches
as may be required and, thereafter, placement of amber signal lights,
signs and barricades in conspicuous places sufficient for public safety
and all other such means of protection as may be necessary must be
provided. Barricades shall include the excavator's name and emergency
telephone number. Guidelines found in the New York State Department
of Transportation Traffic and Safety Division Manual of Uniform Traffic
Devices must be adhered to. Any person, company or business entity
found not in compliance with this chapter shall be subject to immediate
revocation of permit privileges for the job being performed and suspension
of all future work privileges until the job is brought into compliance,
a stop-work order, recovery of cost of materials, labor and inspection
fees at prevailing rates, and forfeiture of any permit fee and/or
deposit paid.
B.
All permit holders making excavations in any street or public ground
must permanently repair excavation sites to the standards and details
of the Department of Engineering. All permit holders must guarantee
their permanent restoration work for a period of five years from the
City's date of acceptance of the permanent restoration. All permit
holders are required to completely reexcavate, refill, and repave
any permanent restoration work that sinks or buckles for a period
of five years following the City's date of acceptance. Upon receiving
notification of any permanent restoration work that sinks or buckles,
the City Engineer, on five days' written notice, may require
the permit holder to completely reexcavate, refill and repave the
excavation site to the standards and details of the Department of
Engineering. Where a permit holder fails or refuses to completely
reexcavate, refill and repave the excavation site within five days
after written notice is sent, the City Engineer may perform such restoration
at the expense of the permit holder. In the event of an emergency
where permanent restoration work sinks or buckles, the City Engineer
may, without notice, effect such restoration at the expense of the
permit holder. The Corporation Counsel may institute an appropriate
action or proceeding at law against such person, corporation or other
entity for recovery of the costs and administrative expenses of such
restoration by the City Engineer, plus any penalties prescribed by
this chapter and the costs of such action or proceeding.
C.
Within 30 days from project completion, all excavations and areas
of disturbance made within a City street or public ground must be
repaired or restored to the standards and details of the Department
of Engineering. In the event winter weather conditions prevent permanent
repair or permanent restoration, all excavations and areas of disturbance
must be restored to winter conditions. At the conclusion of winter
conditions, permanent restoration must be performed in accordance
with the standards and details of the Department of Engineering.
[Amended 6-2-1986 by Ord. No. 3-1986]
No tunneling of streets will be allowed except
by special written permission from the Superintendent of the Water
Department and the City Engineer and under the following conditions:
A.
Tunnel excavations shall be as small as is practicable
and shall be entirely refilled with concrete, carefully rammed, and
such tunneling must be done under the direct supervision of an inspector
of the Water Department.
B.
The cost of the inspector's service shall be paid
by the plumber or person to whom the permit is granted, and such inspection
shall not release the plumber or other person from any liability for
violation of this Code.
C.
Such permission shall be subject to the further condition
that the person to whom it is granted will at all times comply with
this Code and all existing laws and ordinances, and it is subject
to revocation by the Superintendent of the Water Department at any
time.
