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.
[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.
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.
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.