[Adopted 7-12-1971 by Ord. No. 171-1971;[1] amended in its entirety 10-20-2020 by Ord. No. 2020-131]
[1]
Editor's Note: Amended at time of adoption of Code.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this article, have the meanings here
indicated:
Approved by, authorized by, acceptable to, satisfactory to,
equal to or necessary, adequate, suitable or competent in the opinion
of the Commissioner of Public Works.
The City of New Rochelle, New York.
The Commissioner of Public Works of the City of New Rochelle
or his duly authorized representative.
The Corporation Counsel of the City of New Rochelle or his
duly authorized representative.
The direction, requirement, permission, order, designation,
selection, prescription, determination, certification or specification
of the Commissioner of Public Works.
Refers to the pipe or conduit laid between its connection
point on a stormwater drain and a building or property for the purpose
of conducting stormwater from said building into said stormwater drain.
The lowest point in the internal cross section of a sanitary
sewer, stormwater drain, house sewer or drain.
Refers to the written permission issued with the approval
and signature of the Commissioner of Public Works and specifically
authorizing a person, firm or corporation to perform certain work
in accordance with the provisions of the Charter and ordinances of
the City of New Rochelle.
The person, firm or corporation obtaining a Permit, or his
duly authorized representative.
A gas and electric corporation, water corporation, a cable
television company operating under a City franchise and telephone
corporation operating an agency or agencies for public service, subject
to the jurisdiction, supervision and regulations prescribed by or
pursuant to the Public Service Law of the State of New York.
Includes any residence one- and two-family or residence one-family
use as prescribed by the Zoning Ordinance of the City of New Rochelle.[1]
Refers to the main or street sewer or manhole built thereon
in a public street, highway, sidewalk area, easement or other public
area, and under the control of the City.
The pipe or conduit laid between its connection point on
a sanitary sewer and a building for the purpose of conducting domestic
sewage and noninjurious water liquids from said building into said
sanitary sewer.
Refer to the pipe or other conduit laid under the sidewalk
area between the curb or curbline and the property line for the purpose
of conducting roof and surface water from buildings and ground into
the gutter.
Refers to the main stormwater drain in a public street, highway,
sidewalk area, easement or other public area, and under the control
of the City.
A.
The Commissioner shall not be required to inspect
any work done under the provisions of this article unless the Permittee
shall have given said Commissioner not less than 24 hours' notice
before beginning work.
B.
The Permittee shall notify the Department of Public
Works not less than 24 hours prior to the commencement of permanent
pavement restoration.
C.
The Commissioner of Public Works is hereby authorized
to forfeit the deposit posted by the Permittee in connection with
the work upon the failure of the Permittee to give the notice required
herein.
A.
No street openings, street obstructions or maintenance
operations will be allowed in streets located in or contiguous to
any commercial district, as set forth in the Zoning Ordinance of the
City of New Rochelle,[1] nor in streets designated as county roads, on any day
during the period beginning on the second Monday in November and ending
on the first day of January nor on any day during the week immediately
preceding Easter Sunday nor, in the discretion of the Commissioner,
on days occurring during periods of unusually heavy traffic, except
in cases of emergency specifically certified by the Commissioner.
No street openings, street obstructions or maintenance operations
will be allowed in streets located in or contiguous to areas and uses
of unusually intense vehicular or pedestrian traffic during such days
and/or hours when such traffic is usually most intense, except in
cases of emergency specifically certified by the Commissioner. The
foregoing includes but, in the discretion of the Commissioner, is
not necessarily limited to schools during school hours, the railroad
station during the hours of 7:00 a.m. to 9:00 a.m. and 5:00 p.m. to
7:00 p.m. and beach clubs during summer months.
B.
In all such cases, work is to be completed and any
obstruction removed and trenches or other areas must be reusable at
close of work or not later than the final day of the effective period
of the Permit except as otherwise authorized in advance by the Commissioner.
C.
In the event that openings have not been backfilled
and satisfactorily resurfaced, or obstructions removed, on Saturdays,
Sundays or holidays or during periods of unusually heavy traffic volume,
or at the expiration of the effective period of the Permit as provided
above, the City of New Rochelle reserves the right to backfill and
resurface such openings or to remove such obstructions, by contract
or otherwise, at the Permittee's sole cost and expense.
D.
On all streets within the jurisdiction of the City of New Rochelle determined by the Commissioner to be major thoroughfares, street openings, street obstructions and maintenance operations will be allowed only during those days and hours set forth except in § 213-22 of the City Code, unless otherwise directed by the Commissioner in writing.
E.
All materials
and equipment must be removed from all streets within the jurisdiction
of the City of New Rochelle at the close of each working day/night
except as otherwise authorized in advance by the Commissioner.
A.
Any expense that may be incurred by the City in connection
with the work to be done under the provisions of the Permit and/or
in the enforcement of this article shall be paid by the Permittee
within 10 days after the Commissioner shall have sent the Permittee
a statement of such expenses as certified by said Commissioner.
B.
If not paid by the Permittee within the above-specified
period, said expenses shall be deducted from the deposit as herein
otherwise provided for. If for any reason the amount on deposit is
insufficient to pay for the expense incurred by the City, the Commissioner
shall not issue another Permit to said Permittee for any work in any
part of the City until the expense incurred by the City is paid by
the Permittee.
C.
The Commissioner may, at his discretion, assign a representative to inspect, on behalf of the City, the work to be done under the provisions of any Permit granted to a Permittee, in which case such Permittee shall pay in addition to the fees provided in § 281-50, to the City, by check payable to the City of New Rochelle, a weekly amount to be determined and established by the Commissioner for each week or fraction thereof that such work shall be in progress, as payment for such inspection.
D.
Said Permittee shall be billed by the City of New Rochelle for any inspection and/or other expenses incurred by the City of New Rochelle by reason of any failure or default on the part of said Permittee, as determined and certified by the Commissioner, and such bill shall be paid within 30 days after the same shall have been billed by the City. This section shall not apply to a public service corporation. (For a public service corporation, see § 281-50G.)
A.
All materials used or incorporated in any work done
under the provisions of this article shall conform to such specifications
as may be set forth by the Commissioner.
B.
In general, the current standard specifications of
the Department of Public Works shall be followed, and materials are
subject to the prior approval of the Commissioner before they are
incorporated in the work.
C.
Materials shall, at the discretion of the Commissioner,
be submitted to such tests as may, in his opinion, be necessary to
determine their quality and acceptability. Such tests may be made
in any laboratory designated by the Commissioner, and the City shall
be reimbursed by the Permittee for any expense incurred by said City
on account of such tests.
All work related to any Permit issued pursuant
to the provisions of this article shall be performed by the Permittee
at said Permittee's own expense and strictly in accordance with the
provisions of the Charter and ordinances of the City, the applicable
rules and regulations as may be set forth by the Commissioner and
to the satisfaction of the Commissioner.
The Permit must be in possession of the parties
actually doing the work and must be exhibited to the Commissioner
or to any authorized representative of the City upon request.
The Commissioner shall have the right to revoke
or cancel the Permit at any time should the Permittee fail to comply
with any of the terms, agreements, covenants and conditions thereof.
The Permit shall not be assigned or transferred
except upon the prior written consent of the Commissioner.
The Permittee shall clean up and remove promptly
from the site of the work, upon completion thereof, all equipment,
surplus excavated material and debris, and shall leave the site of
the work in a neat and orderly condition. Where topsoil, seeded areas
or sod are disturbed in the course of the work, the Permittee shall
restore the ground surfaces to a condition satisfactory to the Commissioner.
A public service corporation, as defined in
this article, shall not be required to pay the fees otherwise prescribed
in this article where said corporation is required to relocate its
facilities at its own cost and expense in connection with, and within
the limits of, a street improvement project or other public works
project carried on by the City of New Rochelle, County of Westchester
or State of New York when said relocation is made necessary by said
project.
A.
Permit required.
(1)
No person, firm or corporation shall construct, remove,
replace or repair a sidewalk, curb or driveway within the limits of
any public street, highway or other public property without first
obtaining from the Commissioner a written Permit for a sidewalk, curb
or driveway.
(2)
Such Permit shall be valid for an effective period
not to exceed 30 consecutive calendar days, to be determined and specified
therein by the Commissioner. Such effective period may be extended,
if so requested in writing by the Permittee prior to expiration thereof,
for such additional period as the Commissioner, at his discretion,
may authorize, and after payment of an additional fee in the same
amount as the original.
B.
Application for Permit. Any person, firm or corporation
desiring a Permit for such work shall make application therefor to
the Commissioner using the Department's online Permit system. Said
application shall contain the names and addresses of the applicant
and of the owner of the property in front of which or for whom the
work is performed, the location of such property, the block and lot
designation thereof, the extent and nature of the work to be done,
together with such necessary plans, specifications, sketches and additional
information as the Commissioner may require.
C.
Work to conform to City specifications.
(1)
Sidewalks,
curbs and driveways shall be constructed, removed, replaced or repaired
in accordance with such grades and specifications as may be determined
or set forth by the Commissioner, and the Permittee shall perform
the work so as to meet the grade and alignment of the adjoining sidewalk,
curb or driveway and/or such established line and grade as may be
determined and directed by the Commissioner. The City may install
new curb or mill the street pavement to return sufficient reveal.
(2)
Specifications
have been established by the Commissioner for granite and concrete
curbs. In general, granite curbs are required in commercial areas
and concrete curbs are required in residential areas except for corners
or in historic districts.
(3)
Specifications
have been established by the Commissioner for concrete sidewalks as
the City' s standard. In cases where the existing walks are bluestone
and replacement of defective flags is necessary, such flags may be
replaced in kind where conditions allow. (In cases where the existing
walk is asphaltic concrete and the overall condition of the walk is
deemed by the Commissioner to be acceptable, minor repairs to alleviate
safety hazards will be allowed using like materials with prior approval
and Permit from the Commissioner of Public Works).
D.
Depressed curb for driveway entrance.
(1)
Upon prior written approval of the Commissioner and
subject to the provisions of this article, existing curbs may be lowered,
as provided hereunder for the purpose of providing driveway entrances
or exits.
(2)
Prior to the issuance of a Permit for a depressed
curb fronting an existing building, the Permittee shall obtain a written
approval from the Building Official, stating that the use created
by the proposed depressed curb is not in violation of the Zoning Chapter
19.
(3)
Bluestone and granite curbs may be cut. Concrete curbs
shall not be cut. If the curb is not cut to the satisfaction of the
Commissioner, it shall be removed and replaced.
(4)
The cutting or lowering of existing curbs, or the
construction of new depressed curbs, for the purpose of providing
driveway entrances or exits will not be allowed unless the Permittee
shall provide and install in each such case, during the effective
period of the Permit, an adequate driveway ramp or apron between said
curb and the butting property line and extending over the entire width
of the existing or proposed driveway.
(5)
The portion of a curb so depressed shall not exceed
25 feet in length, or lesser limits as shall be established by the
Commissioner, in the latter's sole discretion.
(6)
The portion of driveway ramp or apron common with the sidewalk and
forming a part thereof shall consist of reinforced concrete seven
inches in thickness.
(7)
Driveway apron and curb is to conform to DPW standards.
(8)
When a depressed curb or portion thereof is no longer used or needed
for driveway entrance purposes, the owner of property fronting thereon
shall, upon the written order of the Commissioner and within 30 days
following such written order, raise and restore such depressed curb
and apron or such portion thereof to its full height to conform to
adjoining curbs and sidewalks or to such grade as shall be established
by the Commissioner.
E.
Pedestrian and vehicular traffic. All work within
the public right-of-way must be in conformance with the national Manual
on Uniform Traffic Control Devices (MUTCD) and New York State Supplement
(NYSS). Pedestrian and vehicular traffic are to be adequately protected,
and the work is to be so arranged as to cause a minimum of inconvenience
and hazard to such pedestrian and vehicular traffic. Long-term sidewalk
and travel lane closures are generally not permitted. A Maintenance
and Protection of Traffic (MPT) plan must be submitted with any such
Permit application. The MPT plan must include all necessary warning
signs, barricades, pavement markings or other devices as required
to safely maintain traffic in conformance with the MUTCD and NYSS.
The Commissioner shall, at his sole discretion, determine the suitability
and sufficiency of the plan and any installation of such traffic control
devices.
A.
Permit required.
(1)
No person, firm or corporation shall open or cause to be opened, by cutting or excavating, the surface or soil of any street, highway, sidewalk area or public ground for any purpose whatsoever without first obtaining therefor from the Commissioner a written Permit for street opening, except, however, that the construction, removal, replacement or repair of a sidewalk, curb or driveway shall be done under a Permit for a sidewalk, curb or driveway, as set forth in § 281-42, in lieu of a Permit for street opening.
(2)
No person, firm or corporation shall make or cause
to be made any connection into a sanitary sewer, stormwater drain,
in an easement or right-of-way across private property, said sanitary
sewer, stormwater drain forming a part of the sewer, drainage or water
distribution system, respectively, of the City of New Rochelle, without
first obtaining from the Commissioner a written Permit for street
opening.
(3)
No
person, firm or corporation shall occupy or obstruct any portion of
a roadway or sidewalk without a Permit.
(4)
Such Permit shall be valid for an effective period,
not to exceed 30 consecutive calendar days, to be determined and specified
therein by the Commissioner. Such effective period may be extended,
if so requested in writing by the Permittee prior to expiration thereof,
for such additional period as the Commissioner, at the latter's discretion,
may authorize and after payment of an additional fee in the same amount
as the original.
B.
Application for Permit.
C.
Applications for excavations related to building construction
for foundation work, shoring, etc.
(1)
In
lieu of the deposit hereinafter specified for excavations related
to building construction for foundation work, shoring, etc., the applicant
may file with the Commissioner of Public Works a bond in an amount
to be approved as to form, amount, and sufficiency of surety by the
Commissioner and Corporation Counsel, and said bond to be retained
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 and performed.
D.
Public service corporation.
(1)
Unless otherwise agreed upon between a public service
corporation and the City of New Rochelle, a public service corporation
may, in lieu of the deposit hereinbefore specified for street opening,
file and keep on file with the Commissioner of Public Works a bond
in the amount of $100,000 covering multiple openings in a given year,
which must remain in effect for two years, said bond to be approved
as to form, amount and sufficiency of surety by the Corporation Counsel,
and said bond to be retained 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.
(3)
A public service corporation may, in lieu of the insurance herein
before specified for street opening, file and keep on file with the
Commissioner of Public Works an agreement, approved as to form by
the Corporation Counsel, to indemnify and save harmless the City of
New Rochelle from claims, suits, actions, proceedings, losses, injuries,
damages and costs of every name and description arising out of or
resulting from any act or omission on the part of such public service
corporation under any Permit granted to it, or from any negligence
or fault of such public service corporation, its contractors, agents,
servants or employees in connection with sidewalk, curb or driveway
work or repairs or street openings or any work related thereto and
to also defend on behalf of the City of New Rochelle any such suits,
actions or proceedings which may be instituted against the City of
New Rochelle.
(4)
The Commissioner may, at his discretion, assign a representative to inspect, on behalf of the City, the work to be done under the provisions of any Permit granted to a public service corporation, without any fee in addition to the fees provided in Subsection D of this section, where a bond is filed in lieu of a deposit.
(5)
Said public service corporation shall be billed by the City of New
Rochelle for any expenses incurred by the City of New Rochelle by
reason of any failure or default on the part of said corporation as
determined and certified by the Commissioner, and any such bill shall
be paid within 30 days after the same has been billed by the City.
(6)
In case of emergency due to breakage of pipes, etc., street openings may be made by a public service corporation prior to obtaining a Permit for street openings; provided, however, that said public service corporation shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this section and in Subsection C of this section, and provided further that said public service corporation shall make application for the necessary Permit not later than 24 hours, Saturdays, Sundays and holidays not included, after said opening has been commenced.
(7)
Public service corporation shall submit payment for any Permit fee
within 30 days after work has been performed and bill submitted. Failure
to submit timely payment may result in suspension of Permits until
payment is received.
E.
Protection of existing structures.
(1)
It
shall be the duty of the person, firm or corporation by whom or for
whose benefit any street opening is to be made for any purpose whatsoever
in the City of New Rochelle to give notice thereof to any company
whose pipes, conduits or other structures are laid in the street in
which any work is to be done by the Permittee under the provisions
of a street opening in accordance with NYS Industrial Code 753 and
One Call Notification procedures. Such person, firm or corporation
doing such work shall, at its own expense, carefully support, maintain
in operation and protect from injury such pipes, conduits or other
structures, and in case of injury shall restore same, at its own expense,
to as good a condition as they were before the beginning of such opening
or work.
(2)
In
case of failure of said person, firm or corporation to comply with
the provisions of this section and applicable NYS regulations, then
the same may be done by the company to whom the pipes, conduits or
other structures belong, and the costs thereof and all damages sustained
by said company thereby shall be paid by said person, firm or corporation
to said company, and who may, in default thereof, maintain an action
against such person, firm or corporation.
F.
Maintenance and Protection of Traffic.
(1)
The
Permittee shall erect and maintain suitable barricades, fences, signs,
pavement markings, lights or other traffic control devices as specified
in the Permit, and in addition to those specified in the Permit, if
deemed necessary by the Commissioner, to maintain safety. All traffic
control devices must be in compliance with the latest edition of the
national Manual on Uniform Traffic Control Devices (MUTCD) and New
York State Supplement (NYSS).
(2)
The Commissioner may require that the work be so arranged as to make possible the complete removal of obstruction to traffic on Saturdays, Sundays, holidays, and other periods of heavy traffic volume. In the event that such requirement is not complied with by the Permittee, the Commissioner may, in his sole discretion, cause all or part of the work covered by the Permit to be backfilled and temporarily resurfaced by the City's own forces or by contract or otherwise, in which case the City shall be reimbursed for any expenses incurred thereby in accordance with the provisions of § 281-34 and the Permittee shall have no claims against the City for loss of anticipated profits or for any other losses by reason thereof.
(3)
Whenever
the free flow of traffic is to be interrupted or interfered with,
the Commissioner of Public Works may designate, with the approval
of the Police Department, uniformed special-duty police officers to
direct and expedite traffic, in such numbers as may be necessary in
his discretion, with the cost thereof being reimbursed by the Permittee.
(4)
Unless
otherwise authorized by the Commissioner, vehicular traffic shall
be maintained at all times during the progress of the work being performed
under the Permit. In furtherance of the foregoing, all street openings
shall be safely and adequately covered between the hours of 7: 00
p.m. and 9: 00 a.m. and all barriers removed to allow for the free
flow of traffic.
(5)
No
street opening shall be permitted to extend for more than one City
block until all related and adjacent work has been safely and adequately
covered to permit the free flow of traffic.
(6)
A
Maintenance and Protection of Traffic (MPT) plan must be submitted
with any such Permit application. The Commissioner shall review vehicular
and pedestrian traffic control plans for conformance with accepted
standards and request resubmittals as necessary prior to approval.
G.
Poles and wires. No person, firm or corporation shall
erect or cause to be erected any telephone, cables or electric light
or electric transmission pole or poles or install any conduits or
change the location thereof or string any wires in, over or upon any
street, highway or public place without first obtaining a Permit therefor
from the Commissioner.
H.
Maximum size of openings. Where trenches fall within
the roadway pavement of the sidewalk, trenches shall be covered daily
with adequate size steel plates, as ordered by the Commissioner, to
Permit the flow of vehicular or pedestrian traffic. At no time shall
the length of the street opening exceed 1/3 of the roadway pavement
or the maximum length established by the Commissioner after due consideration
is given to the amount of vehicular traffic and to the width of the
pavement.
I.
Holiday period. Street opening Permits shall not be
issued for work to be undertaken during the holiday period of December
1 through January 15, except on a showing of emergency by the applicant.
A.
All excavating, backfilling and restoration must conform
to the current DPW standards, and such excavated material shall be
promptly removed from the site of the work.
A.
Service Line.
(1)
The installation and repair of sewer and drainage
service lines within the limits of any public street, highway, easement
or other public property, and the connection of such service lines
to the sanitary sewers and stormwater drains of the City shall be
done in accordance with the provisions of the rules and regulations
of the Department of Public Works and shall also conform to such specifications
as may be promulgated by the Commissioner.
(3)
A drainage service line between its connection point
at the stormwater drain and the property line shall conform to Department
of Public Works standards or other pipe approved by the Commissioner.
B.
Restriction as to type or amount of discharge.
(1)
No domestic sewage nor industrial wastes and no injurious
waste substance shall be discharged into a stormwater drain, watercourse
or body of water through any connection thereto.
(2)
No industrial wastes nor any injurious waste substance
shall be discharged into a sanitary sewer unless the method and degree
of treatment, prior to discharge, have been approved by the Department
of Environmental Facilities of Westchester County and unless such
method and degree of treatment continue at all times to meet with
such approval.
(3)
Subject to the prior approval of the Commissioner,
waste lines from a swimming pool shall be connected into a sanitary
sewer, and discharge of wastewater from a swimming pool into the sanitary
sewer shall be restricted to the period between 12:00 midnight and
6:00 a.m. The size of the discharge line at the point of connection
shall not, in general, exceed four inches, and may be further reduced
by the Commissioner at the latter's discretion.
C.
Connections.
(1)
Except as otherwise provided hereinbelow, connections
to sanitary sewers and stormwater drains shall be made in accordance
with Department of Public Works standards.
(2)
The use of an existing Y-branch, or other existing
fitting, for the purpose of connecting a service line thereto shall
be allowed only when such branch or fitting is already available and
in place as a part of a sanitary sewer or stormwater drain, is in
satisfactory condition and at an acceptable location and is of adequate
size to receive said service line
(3)
Whenever the proposed service line is greater than
four inches when the sanitary sewer or stormwater drain is six inches
or less; or greater than five inches, when the sanitary sewer or stormwater
drain is eight inches or less; or greater than six inches when the
sanitary sewer or stormwater drain is 10 inches or less, a manhole
shall be built over said sanitary sewer or stormwater drain at the
point of connection unless otherwise specifically authorized by the
Commissioner. The above sizes refer to the internal diameter of the
pipe or conduit.
(4)
When the difference in invert elevation in the manhole
at the point of connection exceeds three feet, a drop connection shall
be installed in said manhole.
(5)
Adequate provision shall be made so that the discharge
from a service line within a manhole shall be conducted smoothly into
and in the direction of flow of the main channel of the sanitary sewer
or stormwater drain by means of a built-up channel or by extending
said service line partly into the manhole, as may be necessary and
in such manner as may be approved by the Commissioner or Department
of Public Works standards.
(6)
Construction of new manholes, drop connections and
any other necessary structures, and connections to existing structures,
shall conform to such specifications as may be promulgated by the
Commissioner; in general, the current standard specifications and
construction details of the Department of Public Works shall be followed
subject to the prior approval of the Commissioner.
(7)
In the event that the sewer or drain connection is
not installed under the supervision and the approval of the Commissioner's
authorized personnel, the Permittee shall forfeit the deposit, and
the Commissioner shall have the authority to deny said Permittee of
any future Permit.
D.
Drainage from business, commercial, industrial and
other buildings.
(1)
Roof and other drainage from properties on which buildings
are hereinafter constructed to be used in whole or in part for business,
commercial, industrial or other public purposes shall be discharged
through drainage service lines directly into a stormwater drain through
an approved connection thereto when such a stormwater drain is available
and unless such connection, in the opinion of the Commissioner, is
deemed impracticable.
(2)
Discharge of such drainage through sidewalk or curb
drains and discharge of roof or other drainage from any privately
owned buildings or properties into a catch basin will not be allowed
except with the prior approval of the Commissioner, and provided that
the owner of said property has filed with the Commissioner a signed
statement by said owner that the City of New Rochelle is to be saved
harmless from any loss, injury or damage arising out of the approval
of the Commissioner of the discharge of drainage into a catch basin
or through sidewalk or curb drains.
E.
Sidewalk and curb drains.
(1)
Unless otherwise authorized in writing by the Commissioner,
drainage outlets laid under or across the sidewalk area between the
property line and the curbline, and discharging into the gutter or
into a catch basin or curb inlet, shall be approved cast-iron or steel
construction.
(2)
When holes are cut through curbs for the purpose of
providing drainage outlets, care shall be taken not to damage the
curb, and any damage or injury to said curb shall be repaired by the
Permittee at the latter's own expense and to the satisfaction of the
Commissioner.
A.
Temporary resurfacing.
(1)
Immediately after backfilling the excavation, the
Permittee shall place thereon an acceptable temporary resurfacing
as provided hereinbelow. Such temporary resurfacing shall be maintained
even with the roadway or other surface, as directed, until permanent
restoration of the surface is ordered by the Commissioner.
(2)
The temporary resurfacing shall consist of not less
than two inches of approved premixed bituminous paving material except
that, where topsoil, seeded areas or sod have been disturbed by the
excavation, or by any work related thereto, the Permittee shall restore
the entire ground area to the same condition as existed before the
work began.
(3)
The Permittee is responsible for maintaining the temporary
resurfacing in such a manner as to avoid creating a hazard to the
vehicular or pedestrian traffic.
B.
The Commissioner may, in his discretion, cause any or all of the work contemplated in this article to be done by the City's own forces, or by contract or otherwise, in which case the City shall be reimbursed for any expense incurred thereby in accordance with the provisions of § 281-34, and the Permittee shall have no claim against the City for loss of anticipated profits or for any other losses by reason thereof.
C.
Pavement marking disturbed by Permit applicant. Immediately
following the permanent restoration of the surface the Permittee shall
replace the pavement markings in kind.
D.
Traffic signal equipment. Any traffic signal equipment,
including but not limited to inductance loop wiring, disturbed or
removed by reason of the work performed under the Permit shall be
restored or replaced by the Permittee to the satisfaction of the Commissioner.
A.
Permit required.
(1)
No person, firm or corporation shall obstruct, encumber
or occupy in any manner or for any purpose whatsoever any public street,
highway or sidewalk area without first obtaining therefor from the
Commissioner a written Permit for street obstruction.
(2)
The use and operation of construction machinery or
equipment which 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 Commissioner.
(3)
Such Permits shall be valid for an effective period,
not to exceed 30 consecutive calendar days, to be determined and specified
therein by the Commissioner. Such effective period may be extended,
if so requested in writing by the Permittee prior to expiration thereof,
for such additional period as the Commissioner, at the latter's discretion,
may authorize.
B.
Application for Permit. Any person, firm or corporation
desiring a Permit for street obstruction shall make application therefor
to the Commissioner.
C.
Permissible area of obstruction.
(1)
In the case of a Permit issued by the Commissioner
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 Commissioner.
(2)
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.
(3)
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, rubbish, snow or ice.
D.
Safeguarding pedestrian and other traffic.
(1)
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 five feet
in clear width for the use of pedestrians.
(2)
When materials are to be moved over the sidewalks
by means of a derrick, crane, hoist or chute, the Permittee shall
provide a safe and adequate sidewalk shed conforming to the requirements
of the Commissioner or, when so ordered by the Commissioner, shall
provide a safe, adequate and unobstructed temporary sidewalk around
the obstruction or area occupied.
(3)
Temporary sidewalks, when so ordered, shall, wherever practicable,
be built to the same level as the existing sidewalk and in such manner
as not to interfere with the free flow of water in the street or gutter.
(4)
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 provide flaggers or employ
police traffic control to direct and expedite traffic as directed
by the Commissioner.
E.
Damage resulting from street obstructions. 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 Commissioner when so ordered.
F.
Lights required for obstructions. Any person who places
or causes to be placed in any of the streets or public places of the
City any building materials, earth, stone, sand, containers, trailers
or any other obstruction shall cause sufficient light or lights to
be maintained at such locations to protect travelers and pedestrians
against damage or injury by reason thereof.
A.
Permit required.
(1)
No person, firm or corporation shall place or cause
to be placed any container used for collection and storage of construction
debris in any street, sidewalk area or public place without first
obtaining a written Permit for said container from the Commissioner
of Public Works.
(2)
Such Permits shall be valid for an effective period
stated on the application and not to exceed 30 consecutive calendar
days. Such effective period may be extended, if so requested in writing
by the Permittee prior to expiration thereof, for such additional
period as the Commissioner, at the latter's discretion, may authorize.
(3)
Application for Permit. Any person, firm or corporation desiring
a Permit for placing a container for collection and storage of construction
debris in a public street shall make application therefor to the Commissioner
upon forms provided for that purpose.
C.
Reflectors. Each container shall have not fewer than
two reflectors permanently mounted on each side of the container,
not less than two feet above the bottom of the container.
D.
Identification. The name, address and telephone number
of the owner of the container shall be imprinted upon one side of
the container in letters not less than three inches in height.
A.
Permit
required.
(1)
No
person, firm or corporation shall remove, store, modify, and/or relocate
any streetlight, traffic sign, pole, traffic signal, or other City
property without first obtaining a written Permit to do so from the
Commissioner.
(2)
Application
for Permit. Any person, firm or corporation desiring a Permit for
removal, modification, or relocation of any City property shall make
application therefor to the Commissioner. Such Permit shall be valid
for an effective period, to be determined and specified therein by
the Commissioner. Such effective period may be extended, if so requested
in writing by the Permittee prior to expiration thereof, for such
additional period as the Commissioner, at his sole discretion, may
authorize and after payment of an additional fee in the same amount
as the original.
B.
Safeguarding
pedestrian and other traffic.
(1)
The
Permittee shall at all times provide a safe, adequate and unobstructed
passageway not less than five feet in clear width for the use of pedestrians.
(2)
The
Permittee shall make adequate provision for the safe passage of vehicular
traffic.
(3)
Where
the free flow of pedestrian or vehicular traffic is interfered with,
the Permittee shall, at its own cost, provide flaggers or employ police
traffic control to direct and expedite traffic as directed by the
Commissioner.
(4)
Damage.
Any damage resulting from the removal, modification, or relocation
of City property shall be repaired by the Permittee to the satisfaction
of the Commissioner when so ordered.
A.
No Permit under this article shall be issued by the Commissioner until the applicant shall have paid to the Commissioner, by credit card or check made payable to the City of New Rochelle, the applicable Permit fee and deposit as set forth in the most current City Code Chapter 133 or Permit Fee/Deposit Schedule maintained by the Department of Public Works and/or City Manager. Said fee shall cover the cost of issuing and recording the Permit and the supervision and inspection of the work done in connection therewith.
B.
The deposit
shall be maintained by the City until the final completion of the
work and the required restoration to be done pursuant to the terms
of the Permit, as security for the faithful performance by the Permittee
of all of the terms, agreements, covenants and conditions of the Permit
on the Permittee'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 or to be done and
performed, said deposition 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.
D.
Any balance
left after the expense of such failure or default, as determined by
the Commissioner, has been paid and deducted from the amount of the
deposit shall be refunded to the Permittee.
E.
The Commissioner may, in his sole discretion, accept a surety bond or security bond in lieu of payment of the deposit set forth in § 281-50A.
F.
For any
application deemed incomplete or insufficient by the Commissioner,
a fee of $50 shall apply for resubmission.
G.
Public
service corporation.
(1)
Unless
otherwise agreed upon between a public service corporation and the
City of New Rochelle, a public service corporation may, in lieu of
the deposit hereinbefore specified for street opening, file and keep
on file with the Commissioner of Public Works a bond in the amount
of $5,000 per street opening in asphalt streets; $10,000 per street
opening in concrete streets; or a blanket bond of $100,000 covering
multiple openings in a given year, which must remain in effect for
two years, said bond to be approved as to form, amount and sufficiency
of surety by the Corporation Counsel, and said bond to be retained
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.
(3)
A public service corporation may, in lieu of the insurance hereinafter specified in § 281-52 for street opening, file and keep on file with the Commissioner of Public Works an agreement, approved as to form by the Corporation Counsel, to indemnify and save harmless the City of New Rochelle from claims, suits, actions, proceedings, losses, injuries, damages and costs of every name and description arising out of or resulting from any act or omission on the part of such public service corporation under any Permit granted to it, or from any negligence or fault of such public service corporation, its contractors, agents, servants or employees in connection with sidewalk, curb or driveway work or repairs or street openings or any work related thereto and to also defend on behalf of the City of New Rochelle any such suits, actions or proceedings which may be instituted against the City of New Rochelle.
(4)
The Commissioner may, at his discretion, assign a representative to inspect, on behalf of the City, the work to be done under the provisions of any Permit granted to a public service corporation, without any fee in addition to the fees provided in Subsection G(1) of this section, where a bond is filed in lieu of a deposit.
(5)
Said
public service corporation shall be billed by the City of New Rochelle
for any expenses incurred by the City of New Rochelle by reason of
any failure or default on the part of said corporation as determined
and certified by the Commissioner, and any such bill shall be paid
within 30 days after the same have been billed by the City.
(6)
In case of emergency due to breakage of pipes, etc., street openings may be made by a public service corporation prior to obtaining a Permit for street openings; provided, however, that said public service corporation shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this section and in Subsection C of this section, and provided further that said public service corporation shall make application for the necessary Permit not later than 24 hours, Saturdays, Sundays and holidays not included, after said opening has been commenced.
A.
The period
of maintenance shall be considered as a period of six months after
the date of final completion, as determined by the Commissioner, of
the work to be done pursuant to the terms of the Permit, except, however,
that in the event that the termination of said six-month period shall
fall within the months of December, January, February, March or April,
then and in that event the period of maintenance shall be considered
as extending until the first day of the following May.
B.
The Permittee shall be responsible for the entire work and shall keep every portion of said work in perfect order and repair during the entire period of maintenance, and should said Permittee fail to make needed repairs to the work or to adequately maintain surfaces disturbed by said Permittee, the Commissioner reserves the right, in said Commissioner's discretion and without prior notice to the Permittee, to cause such repairs to be made or such surfaces to be maintained by the City's own forces or by contract or otherwise, in which case the City shall be reimbursed for any expense incurred thereby in accordance with the provisions of § 281-34, and the Permittee shall have no claim against the City for loss of anticipated profits or for any losses by reason thereof.
A.
Each applicant
shall, before applying for a Permit, obtain Commercial General Liability
(CGL) Insurance satisfying the following requirements:
(1)
Be
issued by a company or companies that may lawfully issue the required
policy and has an A.M. Best rating of at least A-VII or a Standard
and Poor's rating of at least AA;
(2)
Provide
coverage to protect the City of New Rochelle and the applicant from
claims for property damage and bodily injury, including death, which
may arise from any operations performed by or on behalf of the applicant
for which the Department has issued it a Permit;
(3)
Provide
coverage at least as broad as that provided by the most recent edition
of ISO Form CG 0001;
(4)
Provide
coverage for completed operations;
(5)
Provide
coverage of at least $1,000,000 per occurrence and $2,000,000 in the
aggregate, except with respect to applications for Permits to place
a hoist or crane in the City right-of-way, such minimum amount shall
be no less than $5,000,000 per occurrence and in the aggregate;
(6)
Provide
that the City and its officials and employees are Additional Insureds
with coverage at least as broad as set forth in ISO Form CG 2026 (11/85
ed.);
(7)
Provide
that the limit of coverage applicable to the Named Insured is equally
applicable to the City of New Rochelle as Additional Insured.
B.
This policy
shall not be cancelled or terminated, or modified or changed in a
way that affects the City of New Rochelle by the issuing insurance
company unless 30 days' prior written notice is sent to the Named
Insured and the Commissioner;
C.
Each applicant
shall, before applying for a Permit, obtain Workers' Compensation
insurance in accordance with the laws of the State of New York from
a licensed insurance company;
D.
Each applicant
shall, before applying for a Permit, file with the Department of Public
Works proof that the applicant has insurance in place that provides
coverage set forth in this subsection with respect to the Permit period.
If the applicant chooses to meet this proof with an insurance certificate,
the insurance certificate shall set forth the coverage provided, state
that completed operations coverage and contractual liability is included
and that the City of New Rochelle is an additional insured, and shall
be accompanied by a sworn statement in a form prescribed by the Department
from the insurer or from a licensed insurance broker certifying that
the insurance certificate is accurate in all material respects, and
that the described insurance is in effect;
E.
The applicant
shall provide a copy of any required policy within 30 days of a request
for such policy by the Department of Public Works or the City of New
Rochelle Law Department;
F.
The Permittee
shall notify in writing the CGL insurance carrier, and, where applicable,
the workers' compensation and/or other insurance carrier, of any loss,
damage, injury, or accident, and any claim or suit arising from any
operations performed by or on behalf of the Permittee for which the
Department of Public Works has issued it a Permit, immediately, but
not later than 20 days after such event. The Permittee's notice to
the CGL insurance carrier must expressly specify that "this notice
is being given on behalf of the City of New Rochelle as Additional
Insured as well as the Named Insured";
G.
To the
fullest extent permitted by law, the Permittee shall indemnify, defend
and hold the City of New Rochelle and its officers, officials and
employees harmless against any and all claims, liens, demands, judgments,
penalties, fines, liabilities, settlements, damages, costs and expenses
of whatever kind or nature (including, without limitation, attorneys'
fees, court costs and disbursements), known or unknown, contingent
or otherwise, allegedly arising out of or in any way related to the
operations of the Permittee and/or its failure to comply with any
of the requirements set forth herein or law. Insofar as the facts
and law relating to any claim would preclude the City and its officers,
officials and employees from being completely indemnified by the Permittee,
the City and its officials and employees shall be partially indemnified
by the Permittee to the fullest extent provided by law; and
H.
A failure
by the City of New Rochelle or the Department to enforce any of the
foregoing requirements shall not constitute a waiver of such requirement
or any other requirement.
A.
The Commissioner
is hereby authorized, with the approval of the City Manager and the
Commissioner of Police, to designate persons in the Department of
Public Works to enforce the provisions of this article and any implementing
regulations adopted thereunder.
B.
Any person
found guilty of an offense against this article or the State Code
shall be punishable by a fine of not more than $2,500 for a first
offense and not more than $5,000 for a second or subsequent offense
within three years of a first or other offense of this article, or
by imprisonment for not more than 15 days, or both. Each and every
day a violation continues shall be considered a separate and additional
violation.
