[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:
The removal of 36 feet or more of street paving whether along
the length, or across the width of the street.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
