[Adopted 4-24-1997 by L.L. No. 5-1997]
As used in this article, the following terms
shall have the meanings indicated:
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and other entities of any kind capable of being sued.
[Added 3-23-2004 by L.L. No. 3-2004[1]]
A.
No person or company may construct a structure within
the public right-of-way, with the exception of necessary work for
the installation or maintenance of utilities, including but not limited
to cable television, gas services, electric services, telephone services,
installation of water mains, storm drains, sewers and appurtenances;
provided, however, that such person or company first receives a validly
issued permit from the Village of Rye Brook Building Department.
B.
Underground vaults for telephone systems shall be
considered an appurtenance requiring a permit, and signposts with
gauging stations for gas mains are also appurtenances requiring a
permit prior to installation.
C.
No wall or fence may be constructed within the public
right-of-way.
D.
All applications for such permits shall include an erosion and sediment control plan in accordance with Chapter 118, Erosion and Sediment Control, of this Code.
E.
All applications for permits for work including excavation
must demonstrate compliance with the notification provisions of 16
NYCRR Part 753 regarding protection of underground facilities.
F.
Should the work to be performed in the public right-of-way
result in the construction or placement of a fixture, structure, pole,
monitoring box or other appurtenance which will remain in the right-of-way,
upon submission of the permit application to the Building Department
the applicant must submit a plan to the Sustainability Committee,
which will make a recommendation as to whether there is adequate screening
to form a natural landscaping to shield the adjacent buildings and
public from the proposed building or structure or utility appurtenance.
[Amended 5-9-2006 by L.L. No. 10-2006; 2-24-2015 by L.L. No. 6-2015]
G.
Upon positive recommendation for any plan by the Sustainability
Committee, the Building Inspector will set an amount to be held in
escrow to guarantee the work performed and plantings to be included,
pending completion of the work and approval by the Building Inspector.
[Amended 5-9-2006 by L.L. No. 10-2006; 2-24-2015 by L.L. No. 6-2015]
[Amended 3-23-2004 by L.L. No. 3-2004; 10-28-2014 by L.L. No.
9-2014; 10-27-2020 by L.L. No. 9-2020]
No person shall construct any structure, excavate, open or dig
any trench, ditch or hole in any portion of any public road, right-of-way,
street or highway under the jurisdiction of the Village of Rye Brook
without first making written application for permission therefor to
the Superintendent of Public Works/Village Engineer at least 48 hours
before it is desired to make such opening and obtaining a permit therefor
signed by said Superintendent of Public Works/Village Engineer. The
form of such permit shall be provided by the Village of Rye Brook.
All application materials shall be submitted in electronic file format
acceptable to the Building Department in addition to at least one
signed original application form and three paper copies of all plans
and surveys, or such other format or amount as determined by the Building
Department. The Building Department may waive the electronic submission
requirement only in extraordinary cases of technical infeasibility.
A.
The applicant and permittee shall deposit with the
Building Inspector before receiving a permit, a cash bond, in an amount
set forth in the License and Permit Fee Schedule, to guarantee the
work performed in the street or highway, including the cost of replacing
pavement and the restoration of the opening. The deposit shall be
returned after the Building Inspector approves the final restoration
of the public road, right-of-way, street or highway and the guaranty
settlement of any pavement or any violation of the specifications.
In the event that the application or permittee does not restore the
street to the satisfaction of the Building Inspector, upon five days'
written notice or, in an emergency upon such notice as deemed practicable,
the Building Inspector shall have the right to perform the work the
Building Inspector deems required, utilizing the deposit to defray
the costs thereof. In the event that the costs arc greater than the
amount deposited, the applicant or permittee shall be liable for the
balance.
[Amended 8-26-2003 by L.L. No. 13-2003]
B.
For utility companies only, in lieu of a cash deposit,
the utility company may file a bond with the Building Inspector, in
an amount set forth in the License and Permit Fee Schedule, to guarantee
the restoration of the public road, right-of-way, street or highway.
[Amended 8-26-2003 by L.L. No. 13-2003]
C.
The Superintendent of Public Works/Village Engineer
may deny a street opening permit to any person or party failing to
obtain a positive recommendation from the Sustainability Committee
demonstrating adequate screening of a proposed structure or to restore
a public road, right-of-way, street or highway in accordance with
this article or who shall owe the Village any sum of money under this
article to restore a public road, right-of-way, street or highway,
subject to appeal to the Board of Trustees.
[Amended 3-23-2004 by L.L. No. 3-2004; 5-9-2006 by L.L. No.
10-2006; 2-24-2015 by L.L. No. 6-2015; 10-27-2020 by L.L. No. 9-2020]
The street opening work and the final restoration
shall be performed in accordance with specifications approved by the
Building Inspector, which shall include the following minimum specifications:
A.
The trench shall be filled with K-Krete.
B.
If a new patch occurs where there is an existing patch,
the entire existing patch shall be removed and replaced.
C.
If the patch falls within 18 inches of the curb or
pavement edge, the patch shall extend to the curb or pavement edge.
D.
The final patch shall have a crown.
E.
The Code 53 case number shall be provided to the Village
before any digging takes place.
F.
No digging shall start on a Saturday, Sunday or holiday,
except in an emergency.
G.
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 sealed with tar.
H.
Asphalt. If the street is asphalt, the patch shall
be asphalt. The existing asphalt shall be saw-cut to a depth of two
inches and shall be 12 inches wider than the trench. A binder course
of 4 1/2 inches and a top course of 1 1/2 inches shall be
required. The seam between the new and existing asphalt shall be sealed
with tar.
I.
If a pipeline installation shall disturb more than
50% of the road width, the entire road width shall be resurfaced.
J.
All work shall be performed in a good and workmanlike
manner, satisfactory to the Building Inspector.
K.
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.
[Added 3-23-2004 by L.L. No. 3-2004;
amended 5-9-2006 by L.L. No. 10-2006; 2-24-2015 by L.L. No. 6-2015; 10-27-2020 by L.L. No. 9-2020]
Construction within the right-of-way and the
final restoration shall be performed in accordance with Village standards
and specifications approved by the Superintendent of Public Works/Village
Engineer, which shall include the following minimum specifications:
A.
Any such application must include a positive recommendation
from the Sustainability Committee and the appropriate escrow set by
the Building Inspector to ensure there is adequate screening to form
a natural landscaping to shield the adjacent buildings and public
from the proposed building or structure.
B.
All work shall be performed in a good and workmanlike
manner, satisfactory to the Superintendent of Public Works/Village
Engineer.
The charge to be made by the Village of Rye
Brook and to be paid by each applicant for the privilege of constructing
a structure within the public right-of-way or opening any highway
pursuant to this article shall be an amount set by resolution of the
Board of Trustees. The current License and Fee Schedule is on file
in the Village Clerk's office.
[1]
Editor's Note: This local law also renumbered
former § 215-9 and 215-10 as 215-10 and 215-10.1, respectively.
The time requirements specified in § 215-5 of this article shall be waived in the event of an emergency. An emergency shall be defined as a situation which directly endangers public health, safety or welfare. In the event of an emergency, the work may be performed by a public utility or municipal agency without a permit, provided that a permit for such work shall be obtained as soon as possible after such emergency. The term "as soon as possible" shall be defined as within 24 hours of completion of the work or by the end of the next business day, whichever is sooner.
Any person or party who himself or itself, or by his or its agent or employee, shall violate any of the provisions of this article or any order, code, rule or regulation made in pursuance thereof shall be guilty of a violation and liable to a penalty as provided in § 1-17 of Chapter 1, General Provisions, to be recovered with costs. Each day on which such violation continues shall constitute a separate offense.
