[Added 1-6-1958; amended in its entirety 6-7-2021 by L.L. No. 4-2021]
It shall be unlawful for any person, firm, company or corporation
to make or cause to be made any excavation (hereinafter referred to
as an "opening") in or under any street, sidewalk or public place
or any portion thereof, whether paved or otherwise, in the Village
of Ardsley, for any purpose whatsoever, except upon compliance with
the provisions of this chapter and the obtaining of a permit and the
payment of a fee therefor as hereinafter provided for.
[Amended 3-20-2023 by L.L. No. 2-2023]
Except for emergencies, at least 48 business hours prior to
commencement of work, any person or authorized representative of any
firm, company or corporation, seeking to make any opening, shall file
with the Village Clerk an application, in writing, for a permit for
such opening on an application containing such information as the
General Foreman shall specify. A sketch showing the location, dimensions
and character of the opening shall accompany the application.
A.
Methods.
(1)
All excavations, including temporary and permanent work, within any street shall be performed in accordance with the specifications contained in § 173-41, or in a manner as prescribed by the General Foreman for circumstances not covered by the specifications.
(2)
The permittee shall make every effort to keep the amount of pavement
damage to a minimum. The pavement damaged in the course of performing
the work shall be restored by the permittee, at its own expense, or,
in the discretion of the General Foreman, by the Village at the expense
of the permittee. Backfilling and compaction of excavations shall
be performed by the permittee so that the least possible subsequent
settling will occur and as soon as practicable. Before backfilling,
the permittee shall notify the General Foreman allowing adequate time
as determined by the General Foreman for inspection, particularly
in the area of existing underground utilities. If, after permanent
pavement restoration, settlement occurs due to failure of the backfill,
the Village shall again restore the damaged areas at the expense of
the permittee.
(3)
Immediately upon the completion of proper backfilling, the permittee
shall construct temporary pavement. All temporary pavement shall be
installed at a thickness of three inches. The surface of the temporary
pavement shall not exceed above or lie below the surface of the adjacent
permanent pavement and shall be reasonably smooth. The permittee shall
be responsible for the proper placement and maintenance of the temporary
pavement and shall keep the temporary pavement level with the surface
of the surrounding permanent pavement and in proper repair and condition
until such time as permanent pavement restoration is completed.
(4)
In any case, upon notice from the General Foreman, the permittee,
at its expense, shall immediately make such temporary repairs and
take such corrective and protective measures to the work as directed
by the General Foreman.
B.
Responsibilities of permittee.
(1)
It shall be the responsibility of the permittee to perform the necessary
restoration beyond the limits of the pavement, which shall include
but not be limited to restoration of lawns, shrubs, gardens, curbing,
sidewalks, fences, walls, etc., to a condition as good or better as
that which existed prior to pavement work or restoration.
(2)
Upon completion of the permanent repairs outside the limits of the
pavement, the permittee shall notify the General Foreman, in writing,
that the permanent repair or replacement has been completed, setting
forth the date of completion. The permittee shall, and has the duty
and responsibility to, maintain the replacement area for a period
of one year after completion. In any case, upon notice from the General
Foreman within said one-year period, the permittee, at its expense,
shall immediately make such repair or replacement and take such protective
measures to the work as ordered by the General Foreman.
(3)
The
street opening permit shall be kept at the site of work at all times
and exhibited whenever requested by any official or officer of the
Village of Ardsley.
[Added 3-20-2023 by L.L. No. 2-2023]
(4)
Prior to the commencement of any work the permit holder shall make arrangements with the Chief of Police or his duly appointed designee for the coordination of all necessary public safety and traffic control measures. All safety and traffic control measures and restrictions shall be approved by the Chief of Police or his duly appointed designee who shall also determine if Village of Ardsley Police or Village of Ardsley Highway Department personnel will be required for traffic control, and the appropriate quantity of such personnel required. The estimated cost for such services shall be determined as enumerated in § 173-36C. The permit holder shall place on deposit the estimated cost for any required Village of Ardsley Police and Village of Ardsley Highway Department services.
[Added 3-20-2023 by L.L. No. 2-2023; amended 7-3-2023 by L.L. No. 5-2023]
(5)
If
the Chief of Police or his duly appointed designee determines that
Village of Ardsley Police or Village of Ardsley Highway Department
personnel are not required for traffic control, trained flag person(s)
will be required in a quantity as set forth by the Chief of Police
or his duly appointed designee.
[Added 3-20-2023 by L.L. No. 2-2023; amended 7-3-2023 by L.L. No. 5-2023]
C.
Correction by Village at expense of permittee. In any case where the permittee does not timely and properly maintain or repair any temporary or replacement pavement as provided in § 173-34, Excavations and restoration, or does not timely and properly maintain, repair or replace, restore or reestablish any nonpaved area disturbed by the excavation work or take such protective measures with respect to any pavement as required by the General Foreman, the Foreman may perform said maintenance or make said repairs or replacements or take such protective measures. The cost thereof shall be charged to the permittee by the Village, with a minimum charge of $200 per incident.
[Amended 3-20-2023 by L.L. No. 2-2023]
[Amended 3-20-2023 by L.L. No. 2-2023]
Prior to the issuance of a permit, the applicant shall deposit with the Village a sum of money in cash or certified check sufficient to reimburse the Village for all expenses which may be incurred by it in restoring the disturbed surface of the street or other area opened. No part of such deposit shall be returned to the applicant until at least 270 days after the final inspection prescribed by § 173-40 of this article. The amount of such deposit shall be computed as follows:
A.
Concrete, macadam, brick or other hard-surfaced road, sidewalk or
public area: $10 per square foot of opening; minimum deposit: $1,000.
B.
Gravel, dirt or other surface: $5 per square foot of opening; minimum
deposit: $750.
C.
In the event that more than one type of surface is to be excavated,
the deposit shall be based on the square footage of each type of surface,
and the minimum deposit shall be $1,000.
A public service corporation may, in lieu of making deposits required pursuant to § 173-34.1, file and keep on file with the Village:
A.
A performance bond in the amount of $10,000, approved by the Village
Attorney as to form, sufficiency and manner of execution, as security
to the Village that said public service corporation shall properly
restore any and all streets, sidewalks or public places in which it
shall make an opening, and this shall include trees, grass, shrubbery
and/or any other plantings, to a permanent condition, and shall keep
every portion of such restoral work in perfect order and repair during
the entire period of maintenance and shall faithfully comply with
all the provisions of this article and any amendments hereto and with
all the provisions of all permits issued to it under this article
and any amendments hereto; and
B.
An agreement by said public service corporation, approved by the
Village Attorney as to form, sufficiency and manner of execution,
to indemnify and save harmless the Village from and against any and
all claims, demands, suits, actions, proceedings, losses, injuries,
damage and costs of every name and description in any way arising
out of or resulting from any act or omission on the part of said public
service corporation under any permit issued to it under this article
or from any negligence or fault of said public service corporation,
its contractors, agents, servants or employees, in connection with
sidewalks, curb or driveway work or repairs or street openings or
any work related thereto.
A.
A fee as indicated in Ch. A210, Fees, shall accompany each application for a street opening permit. This fee shall be retained by the Village to cover cost of issuing the permit and any inspections required.
B.
Any public service corporation electing pursuant to the provisions of § 173-35 to file and keep on file a performance bond and indemnity agreement, in lieu of making the deposits required pursuant to § 173-34.1, shall nevertheless pay with each application by it for a street opening permit the same fee as would be payable hereunder for such permit, if such public service corporation had elected to make the deposit required pursuant to § 173-34.1, and the fees so paid shall be retained by the Village as herein provided.
C.
The costs
for all Village of Ardsley Police Department and Village of Ardsley
Highway Department staff and equipment provided for a street opening
project shall be calculated at the rates specified in the Police and
Highway Department hourly rate reimbursement tables in effect at the
time of said work and shall be reimbursed by the permit holder.
[Added 3-20-2023 by L.L. No. 2-2023; amended 7-3-2023 by L.L. No. 5-2023]
A.
Any public
service corporation may be entitled to commence street opening work
of an emergency nature, provided that, if the offices of the Village
of Ardsley are closed, the Village of Ardsley Police Department shall
be notified and application for such permit shall be made in the same
manner outlined herein before the close of business hours for the
first working day following the date of the emergency opening.
[Amended 7-3-2023 by L.L. No. 5-2023]
B.
Street openings for the sole purpose of making original installations
or connections will under no circumstances be classed as emergency
work,
Each permit, or renewal thereof, shall expire 45 days following the issuance thereof and may be renewed upon written application to the Village Clerk and payment of an additional fee in the amount prescribed by § 173-36.
A.
No permit shall be issued until the applicant has filed with the
Village Clerk a certificate of insurance from a company authorized
to do business in the State of New York, certifying that the applicant
has in full force and effect public liability insurance to indemnify
and protect the Village against any loss, damage or injury which might
be incurred by reason of such street excavation or performance of
the work incidental thereto. Such certificates of insurance shall
state that the Village of Ardsley shall be notified of any intent
to cancel in any manner the policy referred to or of any change in
the terms of the policy or limits thereof. Limits of liability of
said insurance shall be not less than the following:
The owner(s) of the property benefited and the person, firm,
company or corporation executing the work shall comply with the following:
A.
Proper lighting, barricading, reflectors, signs and watchmen shall
be provided to the extent necessary to protect the public, as determined
by the Chief of Police and/or General Foreman.
B.
Gutters shall be kept clear so that free flow of water is permitted.
C.
All work under the permit shall be pursued diligently and continuously
until completed.
D.
Not more than 1/2 of the paved width of any street shall be closed
to traffic at one time.
E.
The size of the opening shall not exceed that for which the permit
was issued without first amending the permit as issued.
F.
After backfilling openings which have been sheathed, the sheathing
shall be left in place and cut down one foot below grade.
G.
No tunneling or undercutting is permitted.
H.
Openings shall be carefully backfilled with clean earth deposited
in four-inch layers and tamped. Frozen earth or stones over six inches
shall not be used in backfill. All shall be left in condition safe
for travel by the public without hazard. It shall be the responsibility
of the applicant to maintain the proper amount of backfilling openings
for a period of 90 days after completion of the original backfilling.
[Amended 3-20-2023 by L.L. No. 2-2023]
I.
Pavement shall be restored or rebuilt to a permanent condition.
J.
All work done under the permit is subject to the inspection and approval
of such persons as the Village Manager may from time to time appoint.
The applicant shall notify the Village Clerk when all work prescribed
herein is completed, and thereafter a final inspection shall be conducted
by a person designated by the Village Manager.
[Amended 3-20-2023 by L.L. No. 2-2023]
The street opening work and the final restoration shall be performed
in accordance with specifications approved by the General Foreman,
which shall include the following minimum specifications:
A.
The trench shall be filled with K-Krete, when beneath the paved portion
of the street and must be kept in proper repair until accepted by
the Village.
B.
If a new patch occurs where there is an existing patch, the entire
existing patch shall be removed and replaced.
C.
The final patch shall match the existing road conditions or the existing
crown as determined by the General Foreman.
D.
No digging shall start on a Saturday, Sunday or holiday, except in
an emergency.
E.
Concrete. If the street is concrete, the patch shall be concrete.
The concrete shall be saw-cut to establish a clean, smooth surface.
The existing concrete shall be drilled and doweled to a twelve-inch
depth, and the dowel shall be two feet on center. The seam between
the new and existing concrete shall be tack coated with tar.
F.
Asphalt. If the street is asphalt, the patch shall be asphalt. The
existing asphalt shall be saw-cut to a depth two inches and shall
be 12 inches wider than the trench. A binder course of four inches
and a top course of two inches shall be required. The seam between
the new and existing asphalt cut tack coated shall be sealed with
tar.
(1)
Work in roadways paved more than five years prior. Single service
or excavation only disturbing one lane shall be paved a minimum of
five feet from the edge of the trench in each direction of the road
and from the curb, or edge of road, to the center line of the roadway.
Multiple services or excavations in one lane that are needed within
60 feet of each other, the restoration required shall extend five
feet outside the far excavations and from the curb, or edge of road,
to the center line of the roadway. Services or excavations that disturb
both lanes, or extend over 50 feet in one lane, shall be paved a minimum
of five feet outside the excavation on each side, and from curb to
curb, or edge of road to edge of road.
(2)
Work in roadways paved within previous five years. Single or multiple
services, or excavations within 60 feet of each other, shall be paved
a minimum of five feet outside the excavation on each side, and from
curb to curb, or edge of road to edge of road.
(3)
A restoration plan may be required based upon the proposed improvements.
Segmenting the restoration of roadways in a noncontiguous manner should
be avoided and will be at the discretion of the General Foreman.
G.
All work shall be performed in a good and workmanlike manner, satisfactory
to the General Foreman.
H.
All street openings and work areas shall be provided with warning
signs, barricades and lighting as necessary for public safety and
in conformance with applicable provisions of the State of New York
Department of Transportation Manual of Uniform Traffic Control Devices.
If an applicant fails to comply with any of the provisions of § 173-40 and the Village backfills or restores the pavement to a permanent condition, the applicant shall pay for the cost of such work, such pavement to be deducted from the amount deposited pursuant to § 173-34.1 hereof, the balance, if any, being refunded to the applicant. In the case of a public service corporation which has elected, in lieu of making deposits, to file and keep on file a bond and indemnity agreement pursuant to § 173-35, the cost of such work shall be paid directly by the corporation and, if not so paid, shall be collected under the bond.
[Amended 3-20-2023 by L.L. No. 2-2023]
Any person committing an offense against any provision of this
article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine of
not less than $250 and not exceeding $2,000 or by imprisonment for
a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
