A.
No person, firm, corporation, improvement district
or municipality, except those under the exclusive control of the Town
Board, shall, unless a permit has first been issued by the Department
of Public Works:
(1)
Make or cause to be made any excavation or curb cut,
driveway entrance or other construction; or pave or resurface any
area; or erect or cause to be erected any pole for public utility
purposes, any pole or signpost for any other purpose or any other
structure above or below ground; or string any wires, cables, chains
or ropes; or install any pipes, conduits, vaults, fixed boxes or other
containers or other appurtenances or equipment of any kind; or change
the location of any of the foregoing; or
(2)
Place or store or cause to be placed or stored any
lumber, building materials, machinery or equipment in, under, over
or upon any street, highway, public right-of-way, sidewalk or public
place within the Town.
B.
This section shall not apply to any street, highway,
sidewalk or other place which is not owned by the Town and which is
not under the exclusive control of the Town Board, unless the Town
is required to maintain the same by law.
C.
Review; denial.
(1)
If the Commissioner of Public Works shall determine
that the issuance of such permit will create or tend to create traffic
hazards, adversely affect drainage, adversely affect the maintenance
of any street, highway, sidewalk or other public place or in any way
be detrimental to the public health, safety or welfare or in any way
adversely affect the best interests of the Town, he may deny such
permit or require a resubmission of the permit application in modification.
(2)
He may delay issuance of the permit in order to study
and review the facts for a period not to exceed 30 days from the date
of application. Further, if an application is pending before the Planning
Board or Zoning Board of Appeals which directly relates to the subject
of the permit application, the Commissioner may delay issuance of
a permit for a period not to exceed 30 days from the rendering of
a decision by such Board. The Commissioner may deny a permit to any
applicant who is in violation of any ordinance, local law, regulation
or code, or to an applicant who has previously failed to make proper
restoration under another permit.
A.
Application for such permit shall be made, in writing,
to the Commissioner, upon an application form containing such information
as the Commissioner may specify, together with three copies of a sketch
or plans showing the proposed work as well as existing conditions
in detail.
B.
The application shall be accompanied by an application
fee to be set by the Town Board by resolution. Said fee shall cover
the costs of processing the application and the supervision and inspection
of the work done in the connection with such permit. If in the opinion
of the Commissioner the extent or conduct of the work is such that
a full-time inspector is necessary, he will assign one and the permittee
shall bear the cost of his salary in addition to the fee described
herein.
C.
A public service corporation (i.e., a utility regulated
by the New York State Public Service Commission) may, in lieu of payment
of nonrefundable fees described above, file and keep on file with
the Commissioner an agreement, approved as to form by the Town Attorney,
to pay such fees monthly to the Town upon being billed by the Commissioner
for the amount of fees due on permits taken out of such public service
corporations during the preceding month. Such bills shall be payable
immediately after the same shall have been rendered by the Commissioner.
No fee shall be charged a public service corporation for the installation
or relocation of poles and the stringing of wires and cables on poles
which are required for the repair, maintenance or installation of
utilities, although a permit for such work must be obtained.
Prior to the issuance of a permit pursuant to § 430-2, the applicant shall deposit a sum of money in cash or certified check in an amount as the Commissioner determines may be necessary to cover the probable expense to the Town of the repair or replacement, by the Town or a contractor engaged by the Town for that purpose, of the street, highway, sidewalk or public place to which the permit applies, to the same condition as existed prior to the commencement of work by the permittee. Such deposits shall be computed in accordance with a schedule published by the Commissioner. The applicant may furnish a surety bond to guarantee said replacement in an amount not to exceed 80% of the total replacement deposit. The remaining 20% must be in the form of cash or certified check. The form, manner of execution and sufficiency of the bond must be approved by the Town Attorney. In no case shall the amount of the deposit or face value of the bond be less than $5,000.
A.
Prior to the issuance of a permit, the applicant shall
file with the Commissioner satisfactory evidence that the applicant
has procured and paid for a policy of public liability insurance for
the purpose of indemnifying and protecting the Town and the applicant
against any loss, damage or injury of any nature which might be incurred
by reason of any claim of any nature made against the Town, its officers,
employees or agents and/or the applicant, arising during or as a result
of the performance of the work by the applicant. Said policy of insurance
shall be in an amount not less than $1,000,000 for any one occurrence
with respect to personal injury and in an amount not less than $500,000
for any one occurrence with respect to property damage, the same to
remain in force throughout the duration of the permit. If such insurance
policy is canceled, the insurance company shall notify the Town, not
less than 10 days before cancellation becomes effective, by registered
mail addressed to "Highway Department, Street Excavation Permits,
Town of Greenburgh, P.O. Box 205, Elmsford, New York 10523," and each
certificate of insurance shall carry on its face the full text of
this cancellation clause. In addition, the applicant shall provide
satisfactory evidence that he is insured under the Workers' Compensation
and Disability Benefits Law[1] in accordance with statutory requirements.
[1]
Editor's Note: See Workers' Compensation Law
§ 200 et seq.
B.
A public service corporation or a city, village, town,
public improvement district or other municipality not under the exclusive
control of the Town may, in lieu of the insurance hereinbefore specified,
file and keep on file with the Commissioner an agreement, approved
as to form by the Town Attorney, to indemnify and save harmless the
Town of Greenburgh 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 or negligence or fault
of or on the part of such public service corporation or municipality,
its contractors, agents, servants or employees, under any permit granted
to it or any work related thereto, and also to defend on behalf of
the Town of Greenburgh any such suits, actions or proceedings which
may be instituted against the Town of Greenburgh.
If it becomes necessary to make an excavation
under emergency conditions, including but not limited to gas leaks,
water leaks and power or communication line failures, it may be done
forthwith, provided that the Police Department is immediately notified,
and provided that within 24 hours of the time of making such opening
(excluding Saturdays, Sundays and holidays) proper application for
a permit is made.
A.
The applicant, by the acceptance of such permit, agrees
that all work and the method of performance thereof shall be done
in accordance with the specifications of the Department of Public
Works, the rules and regulations governing street excavations and
any and all instructions issued by the Commissioner or his designee.
All work done under the permit shall be subject to the inspection
and approval of the Commissioner or his designee, and he shall be
the final judge as to proper procedure, materials and workmanship
employed so as to create a safe site and satisfactory appearance.
All work shall be pursued in a diligent, safe and workmanlike manner.
All property, whether publicly or privately owned, disturbed by the
permitted work shall be restored to a condition equal to or better
than its condition prior to the commencement of work by the permit
holder. Items of work for which there are standard Department of Public
Works specifications shall be restored in accordance with these specifications,
regardless of their original condition. The permittee shall take all
necessary steps to ensure the safety and convenience of the public
with respect to the permitted work. Barricades, flagmen and other
traffic control devices shall be employed in accordance with the rules
and regulations published by the Commissioner and such other instructions
as the Commissioner or his designee may issue.
B.
Permit expiration.
(1)
Street excavations. If the work contemplated by the
permit is not started within 60 days of issuance or within one year
in the case of driveway permits, the permit shall expire and a new
permit application shall be made. The Commissioner may, in his discretion,
refund a portion of the application fee, retaining a processing fee.
(2)
Temporary street obstructions. All permits shall expire
three months after the date of issuance unless revoked prior to expiration.
Application may be made for a renewal upon payment of another application
fee and provided that insurance is kept in full force and effect and
all other permit requirements continue to be met. However, application
for renewal may be denied by the Commissioner in the same manner as
an original application.
A.
The Commissioner of Public Works or his designee will
inspect the work from time to time as described in the rules and regulations
promulgated by the Commissioner and approved by the Town Board by
resolution.
B.
In the event that the Commissioner or his designee shall, at any time during the performance of the work or after the apparent completion of the restoration, deem it necessary to expend labor or material upon such job by reason of the failure of the permittee to comply with any of the requirements of this chapter or the rules and regulations pertaining thereto or, in the event of a street obstruction, deems it necessary to remove the obstruction, then the Commissioner shall deduct the cost thereof from the deposit held by him under § 430-4 above and make payment of such cost out of such deposit. The Commissioner may, in his discretion, employ outside contractors for this work. Such contractors shall be let pursuant to applicable law.
C.
Before intervening in the permit work, the Commissioner
shall give the permittee an opportunity to perform the work by giving
at least 24 hours' notice. Such notice may be given orally to any
agent, employee, servant or contractor of the permittee at the site
of the permit work or by telephone to any person answering at the
number listed in the application. If for a period of four hours during
the normal working day reasonably diligent efforts on behalf of the
Commissioner have failed to produce communication with anyone at said
site or telephone number, the requirement of notice shall be deemed
waived. However, if in the opinion of the Commissioner, the public
health, safety and welfare is endangered or if the work does not progress
in accordance with the schedule set forth in the rules and regulations,
he may intervene without notice.
D.
When all restoration work has been completed, the
permittee may apply to the Commissioner for a final inspection and
refund of the deposit. The Commissioner or his designee may make such
refund or may retain the deposit or any portion thereof that he deems
necessary for a period not to exceed six months from the date of final
inspection, in order to make sure that the Town will not be exposed
to additional expense due to hidden defects after the permit and deposit
have been released.
E.
When the Commissioner is satisfied that no further
expense is likely to accrue to the Town resulting from the issuance
of such permit, he shall return to the permittee his deposit or unexpended
portion thereof if expenses have been charged against such permit.
F.
The permittee, by accepting such permit, agrees to
reimburse the Town for all necessary expenses that may be incurred
by the Town in connection with the work to be done under the permit,
over and above the deposit.
G.
Permits issued under this chapter are for the convenience of the applicant and, therefore, the Commissioner may revoke the permit without cause at any time upon notice as provided in Subsection C above, and upon failure of the permittee to restore the site upon said notice, the Commissioner shall backfill any open trenches and complete all restoration, paying the cost thereof out of the deposit as described above. If the permit is revoked, the permittee shall have the same standing as one who has no permit and shall be subject to the same penalties for violation of this chapter as one who has never been granted such permit.
