[Adopted 2-2-1982 by L.L. No. 1-1982]
The Town Board of the Town of Yorktown hereby finds that its existing ordinances which apply to street and driveway openings are inadequate and do not vest the Superintendent of Highways with sufficient flexibility to insure that work is done in a proper manner. The Town Board therefore finds that it is necessary to adopt this article in order to establish general standards governing the issuance of permits for street and driveway openings as provided for in Town Law § 130, Subdivision 7.
No person, firm, association, corporation, special improvement district, public utility, municipal, state or other public district shall open, dig up, cut, remove, lower, raise, create new access or egress to or from any street, highway or in any other way alter any street or portion thereof within the jurisdiction of the town without first obtaining a permit from the Superintendent of Highways.
A. 
Every application for a permit to open, dig up, cut, remove, lower, raise or in any way alter any street, highway or portion thereof within the jurisdiction of the town shall be in writing and shall state the purpose, extent, location and nature of the proposed work.
B. 
Fee; annual permit; deposit; indemnification; surety bond; certificate of insurance.
[Amended 5-21-2013 by L.L. No. 8-2013]
(1) 
A fee of $150 shall accompany every application for a street opening permit.
(2) 
In lieu of applying for multiple street opening permits in a calendar year, any person, firm, association, corporation, special improvement district, public utility, municipal, state or other public district may apply for an annual permit for all street openings in the calendar year. A nonrefundable annual permit fee $10,000 shall accompany such application, to cover all inspections required under this article.
(3) 
The applicant shall deposit such sum of money as is required by the Superintendent of Highways, which deposit shall be based on the size and location of the proposed work and shall be posted to guarantee to the Town the probable expense to it of the replacement by the Town of the street, highway or sidewalk or public place, and the unexpended balance, if any, shall be refunded to the depositor.
(4) 
Every applicant shall indemnify the town and save it harmless from any and all liability which shall result from any such work.
(5) 
Any public utility, municipal, state or other public district may, in lieu of making the cash deposit required in Subsection B(3) above, file a surety bond in such sum as is determined by the Superintendent of Highways in such form and with such sureties as is approved by the Superintendent of Highways, securing the Town against loss, damage or expense caused by the failure of such public utility, municipal, state or other public district to perform the proposed work or any restoration thereof in conformity with specifications adopted by the Superintendent of Highways, which bond shall also indemnify the Town and save it harmless from any and all liability which shall result from any such work.
(6) 
Every application shall be accompanied by a certificate of insurance naming the Town as certificate holder and additional insured with coverage and limits as from time to time may be established by resolution of the Town Board.
C. 
Town Board street opening permits.
[Added 12-19-2017 by L.L. No. 19-2017]
(1) 
Permit required. Notwithstanding any other provision of this article, any single street opening with a disturbance of greater than 200 cubic feet or multiple street openings within a 500-foot radius in a twelve-month period with a cumulative disturbance of greater than 200 cubic feet will require a street opening permit issued by the Town Board. In the event of an emergency, street opening work for which a permit may be required pursuant to this section may proceed with the express permission and authority of the Highway Superintendent, subject to the permit application being filed as soon as practicable thereafter.
(2) 
Application. An application for a Town Board street opening permit shall include submission of an application in an electronic media format (PDF or TIF or other format approved by the Building Inspector) on a form provided by or otherwise acceptable to the Highway Superintendent. The application shall include or be accompanied by the following information and documentation, as applicable:
(a) 
A description of the proposed work, including drawings depicting with sufficient clarity and detail the nature and extent of the work proposed;
(b) 
Street names with the closest Tax Map numbers and the street addresses to where the proposed work will be performed;
(c) 
Estimated start and completion dates;
(d) 
Schedule of work with milestone dates, including equipment and materials delivery;
(e) 
Designation of contact person who will provide reports as requested by the Highway Superintendent;
(f) 
Traffic control plan;
(g) 
Location of material storage yards, subject to the issuance of an obstruction permit pursuant to § 250-17D; and
(h) 
Any other documentation or information which the Town Board may request upon review of the permit application.
(3) 
Fees. A fee in the amount as set forth in the Master Fee Schedule[1] will accompany each application.
[1]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications.
(4) 
Inspection fees. The Town Board may assign inspectors to assure that all conditions and requirements of the street opening permit are satisfied in accordance with the permit. The permittee shall pay the Town an amount up to the amount set forth in the Master Fee Schedule to cover the cost of inspection, based on the scope of work to be inspected.
(5) 
Performance bond. The Town Board may require that, prior to commencement of work under any permit issued pursuant to this section, the permittee shall post a bond in an amount set by the Town Board with conditions sufficient to secure compliance with the conditions and requirements set forth in the permit. The bond shall remain in effect until the Town Board certifies that the permitted work has been completed in compliance with the terms of the permit and the bond is released by the Town Board or a substitute bond is provided. In the event of a breach of any condition of any such bond, the Town Board may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. Such court would be authorized to award to the Town attorneys' fees, costs and disbursements. Where the permit holder is a utility regulated by New York State, in good financial standing, the utility may post a corporate guarantee in a form approved and acceptable to the Town Attorney in lieu of a performance bond in an amount as determined by the Town Board reasonably calculated to restore any Town property prior to the commencement of the street openings.
(6) 
Permit conditions. The Town Board may issue such conditions as it deems just, fair and necessary. Any permit issued under this section may be revoked by the Town Board if the Town Board finds and determines that there has been a failure of compliance with any one of the terms, conditions, limitations and requirements imposed by the permit without good cause.
(7) 
Insurance required. Before such street opening permit is issued, the permittee shall submit evidence in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York, guaranteeing that the permittee has in full force and effect a policy of public liability insurance, including a specific endorsement covering the liabilities arising from the operations of the street opening permit, in an amount not less than $10,000,000 per occurrence. The certificate of insurance shall be to the satisfaction of Town Attorney. The permittee shall also save the Town harmless from all claims, actions and proceedings brought by any person, firm or corporation for injury to person or property resulting from or occasioned by such operations. Such policy shall contain the provision that the policy shall not be canceled, terminated, modified or changed by the company unless 30 days' prior written notice is sent to the Town by certified mail. No permit shall be valid unless such insurance is in full force and effect; provided, however, that a permittee that is a utility regulated by any governmental entity may satisfy the terms of this provision by providing a letter in a form approved and acceptable to the Town Attorney the such permittee is self-insured to an amount in excess of $1,000,000 and carries excess liability insurance for any claims above such an amount in which case the permittee shall submit evidence in the form of a certificate of insurance in a form approved and acceptable to the Town Attorney.
(8) 
Injunctive relief. The Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this article, or to restrain by injunction the violation of any provision of this article. Such court would be authorized to award to the Town attorneys' fees, costs and disbursements. The foregoing provisions for the enforcement of this article are not exclusive, but are in addition to any and all other laws applicable thereto.
D. 
Obstruction permit.
[Added 12-19-2017 by L.L. No. 19-2017]
(1) 
Permit required.
(a) 
Any street opening permit issued pursuant to this article must be accompanied by an obstruction permit, if applicable. The use and operation of construction machinery or equipment which obstructs, encumbers or occupies any portion of a public street, right of way, highway, sidewalk area or town owned property will not be allowed unless a written permit for obstruction has first been obtained from the Town Board, which shall determine the permissible area of obstruction.
(b) 
Such permits shall be valid for an effective period to be determined and specified therein by the Town Board. Such effective period may be extended, if so requested in writing by the permittee prior to expiration thereof, for such additional period as the Town Board may authorize.
(2) 
Insurance required.
(a) 
Before such obstruction permit is issued, the permittee shall submit evidence in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York, guaranteeing that the permittee has in full force and effect a policy of public liability insurance, including a specific endorsement covering the liabilities arising from the operations of the street opening permit, in the amount not less than $1,000,000 per occurrence. The certificate of insurance shall be to the satisfaction of Town Attorney. The permittee shall also save the Town harmless from all claims, actions and proceedings brought by any person, firm or corporation for injury to person or property resulting from or occasioned by such operations. Such policy shall contain the provision that the policy shall not be canceled, terminated, modified or changed by the company unless 30 days' prior written notice is sent to the Town by certified mail. No permit shall be valid unless such insurance is in full force and effect; provided, however, that a permittee that is a utility regulated by any governmental entity may satisfy the terms of this provision by providing a letter in a form approved and acceptable to the Town Attorney that such permittee is self-insured to an amount in excess of $1,000,000 and carries excess liability insurance for any claims above such an amount in which case the permittee shall submit evidence in the form of a certificate of insurance in a form approved and acceptable to the Town Attorney.
(3) 
Fees.
(a) 
A fee in the amount as set forth in the Master Fee Schedule[2] will accompany each application.
[2]
Editor's Note: See § 168-1, Master fee schedule for permits, licenses and land development applications,
(b) 
In addition to the application fee, the permittee shall also pay to the Town Board, in cash or by check payable to the Town, the obstruction permit fee which shall be computed in accordance with the following unit prices, for areas to be encumbered or occupied as determined by the Town Board:
[1] 
For the storage of equipment or materials on Town Property in an amount set forth in the Master Fee Schedule.
(c) 
When the permittee exceeds the maximum authorized obstruction specified in the permit, said permittee shall, when so ordered, pay to the Town Board such additional amounts as the Town Board may require based on the original fees. Failure on the part of the permittee to comply promptly with said order shall be considered sufficient cause for revocation of the permit.
(d) 
Conditions of all obstruction permits.
[1] 
The area of the obstruction for materials shall not be more than six feet in height without the written authorization of the Town Board.
[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.
[4] 
Except as otherwise provided herein, the permittee shall safeguard pedestrian and other traffic, 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.
[5] 
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 Town Board or, when so ordered by the Town Board, shall provide a safe, adequate and unobstructed temporary sidewalk around the obstruction or area occupied.
[6] 
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.
[7] 
The permittee shall also make adequate provision for the safe passage of vehicular traffic by day and by night. Unless otherwise directed by the Town, 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.
[8] 
Any person who places or causes to be placed in any of the streets or public places of the Town 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.
(4) 
Damage resulting from street obstruction. 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 Town Board when so ordered.
(5) 
Injunctive relief. The Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this article, or to restrain by injunction the violation of any provision of this article. Such court would be authorized to award to the Town attorneys' fees, costs and disbursements. The foregoing provisions for the enforcement of this article are not exclusive, but are in addition to any and all other laws applicable thereto.
No work may be commenced under any permit granted pursuant to this article unless or until such notice as shall be directed by the Superintendent of Highways shall have been given public service corporations, and such other entities, persons, associations or corporations as have lines, mains or other property in the streets so as to permit them to protect their property.
Each permit issued pursuant to the terms of this article shall be at all times in the possession of the parties actually, performing the work.
The town, by the issuance of any such permit, assumes no responsibility for supervising the work of any applicant or for the work actually performed by any applicant, and shall not be liable for the negligence of any such applicant.
A. 
In the event that an unsafe condition is created in connection with any work being performed pursuant to a permit issued hereunder, which condition creates an immediate danger of personal injury or property damage, the town shall have the right to take whatever action is necessary and perform such work as is required to restore the same to a proper and safe condition, and the cost thereof shall be charged against the applicant and may be deducted from the deposit made by him or paid by the surety, as the case may be.
B. 
In the event that an applicant fails to abide by the directions issued by the Superintendent of Highways, after twenty-four-hour written notice of the applicant, if said applicant has not made satisfactory arrangements to correct the situation, the Superintendent of Highways may cancel the permit, or otherwise take whatever action is necessary to remedy the applicant's noncompliance, and the cost thereof may be charged against the applicant and deducted from the deposit made by him or paid by the surety, as the case may be.
Any person, firm, association, corporation, special improvement district, public utility, municipal, state or other public district which performs work without obtaining the permit required hereunder shall be liable to pay a penalty not to exceed $250 for each day work is conducted without such permit.