City of Plattsburgh, NY
Clinton County
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Table of Contents
Table of Contents
[Adopted by L.L. No. 1-1993 (Ch. 233, Art. IV, of the 1989 Code)]
As used in this article, the following terms shall have the meanings indicated:
MAJOR OPENING
The removal of 36 feet or more of street paving whether along the length, or across the width of the street.
MINOR OPENING
The removal of less than 36 feet of street paving whether along the length, or across the width of the street.
No person shall excavate or remove the surface of any street, sidewalk or unimproved City street or right-of-way without first obtaining a street and sidewalk opening permit.
[Amended 8-17-2017 by L.L. No. 3-2017]
The Building Inspector shall have the authority to issue street and sidewalk opening permits for minor openings. The City Planner, or an engineer designated by the Mayor, shall have the authority to issue street and sidewalk opening permits for major openings. The Building Inspector and City Planner, or an engineer designated by the Mayor, shall have the authority to impose such permit conditions as in their judgement are necessary to promote public safety, including the authority to specify the design, method of construction and materials used in making required improvements, temporary covers and barricades.
[Amended 8-17-2017 by L.L. No. 3-2017]
In addition to such conditions as may be imposed by the Building Inspector and City Planner, or engineer designated by the Mayor, the following requirements shall apply:
A. 
When a sidewalk or curb section is removed or damaged, it shall be replaced with new materials and shall not be patched or otherwise repaired.
B. 
When a street is opened under a minor opening permit, that area of the street that is disturbed, damaged or removed shall be repaired, including such additional adjacent surface area as is necessary to insure that the repaired area abuts sound pavement.
C. 
When a street is opened under a major opening permit, the entire improved width of the street shall be resurfaced, including such additional adjacent surface area as is necessary to insure that the resurfaced area abuts sound pavement.
D. 
When an unimproved right of way, or portion of a right of way, is opened under a major opening permit, the City Planner, or an engineer designated by the Mayor, may require that the disturbed portion of the right of way be improved with paving or sidewalks.
E. 
When the City Planner, or an engineer designated by the Mayor, determines that weather conditions do not permit proper resurfacing or streets or the installation of curbs or sidewalks he may require the holder of the permit to post a bond, cash deposit or other form of security deemed acceptable by the Corporation Counsel, to secure the holder's obligation to perform the work when weather conditions permit.
F. 
When the Common Council determines that it would be imprudent to impose the cost of resurfacing the street on a permit holder in view of plans by the City to reconstruct said street within a definite time, the Council may require the permit holder to pay the City a sum of money equal to the estimated cost of resurfacing. Any moneys paid pursuant to this section shall be paid into a capital account established for the reconstruction of said street and may be used only for such purpose.