[Amended 8-7-1972; 1-6-1975; 4-5-1982 by L.L. No. 17-1982; 11-3-1997 by L.L. No. 17-1997; 11-2-2009 by L.L. No. 13-2009; 8-7-2017 by L.L. No. 7-2017; 4-11-2019 by L.L. No. 2-2019]
A. 
Except for those actions listed in § 283-3B, no person shall open or cause to be opened, by cutting or excavating, the surface or soil of any street for any purpose, including, but not limited to, construction, reconstruction, or maintenance of cable television, gas services, fiber optic, electric services, telephone services, installation of water mains, storm drains, sewers, and appurtenances, without first obtaining a permit for street opening under the provisions of this chapter.
B. 
Exceptions. The following actions that include a street opening that is incidental to the primary action do not require a street opening permit:
(1) 
Construction, removal, replacement or repair of a sidewalk, curb. Applicants shall obtain the appropriate sidewalk permit, as set forth in Article V of this chapter.
(2) 
Connection of any building drain on private property into the Village of Port Chester stormwater system. Applicants shall obtain the appropriate building drain construction permit, as set forth in Article III of this chapter.
(3) 
Connection from private property into the Village of Port Chester sanitary sewer system. Applicants shall obtain the appropriate sewer connection permit, as set forth in § 269-5 of Code of the Village of Port Chester.
C. 
Permit classification. Permits shall be classified into three categories:
(1) 
Standard permit. Any request for a street opening of less than 50 square feet. All permits for one- and two-family dwellings shall be considered standard permits.
(2) 
Major permit. Any request for a street opening of greater than 50 square feet.
(3) 
Emergency permit. A permit issued on an expedited basis to respond to an emergency situation. Emergency permit requirements are described in § 283-9.
A. 
Application. In order to obtain a street opening permit, an applicant must make a written application on a form provided by the Village with the Engineer. The following items are required to be included in the application:
(1) 
The name and address of the applicant/owner performing or having the work performed on its behalf;
(2) 
The name and address of the contractor or person performing the work, if applicable;
(3) 
The name and address of the engineer or other designated professional representing the applicant;
(4) 
A maintenance and protection of traffic plan;
(5) 
A detailed description of the type of facilities to be installed;
(6) 
The proposed location of the facilities to include plans, technical specifications, and a map of the proposed work area, if applicable;
(7) 
A description of the right-of-way being utilized and the identification of any other existing utilities located in the work area;
(8) 
The estimated length of time necessary to complete construction to include a timetable and plan for phased construction and proposed road restoration; and
(9) 
Any other information the Engineer shall find reasonably necessary to the determination of whether a permit should be granted hereunder.
B. 
Plan. The application shall include one original, signed and sealed plan by a New York State licensed and registered engineer and three copies or one digital copy of the plan, showing the work to be performed under such permit. Such plan shall provide for the following:
(1) 
Erosion and sediment control;
(2) 
Manner of street opening;
(3) 
Excavation and backfill;
(4) 
Restoration;
(5) 
Maintenance and protection of traffic;
(6) 
Details on utility connections, such as sewer and stormwater, as approved by the Engineer;
(7) 
A map of the proposed work area at a scale of one inch equals 10 feet for areas less than 50 square feet and at a scale of one inch equals 20 feet for areas greater than 50 square feet; and
(8) 
Vertical profiles, where necessary, shall be at a scale of one foot equals two feet.
C. 
Compliance. All applications must demonstrate compliance with all applicable laws, rules, and regulations, including the notification provisions of 16 NYCRR Part 753 regarding protection of underground facilities.
D. 
Insurance.
(1) 
No permit for a street opening shall be issued until the applicant shall have first placed on file with the Engineer satisfactory evidence of general liability insurance in the amount set forth herein and satisfactory evidence that the insurance has been approved as to form, correctness, and adequacy by the Village Attorney so as to insure the Village against any loss, injury or damage due to the negligence or wrongful act of the applicant, his or her agents, servants or employees in connection with the opening of the street or any work related thereto.
(2) 
Such insurance must remain in force throughout the effective period of the permit, as well as any authorized extensions thereof, and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the Village of any modification or cancellation of any such insurance.
(3) 
Each application for a permit shall be accompanied by a certificate of insurance, in form approved by the Village Attorney, and issued by an insurance company rated A.M. Best A- or better, duly authorized to do business in the State of New York, evidencing that the applicant has provided general liability insurance of not less than: $1,000,000 to $2,000,000 per person/aggregate to save and hold harmless the Village, its officers, agents, employees, consultants, and the Engineer from all claims, actions and proceedings brought by any person for injury to person or property resulting from or occasioned by any negligent or wrongful act or omission of the permittee or anyone acting on his or her behalf. For major and emergency permits only, the application shall also be accompanied by a certificate of insurance evidencing that the applicant has provided $5,000,000 excess coverage. The Village, its officers, agents, employees, consultants, and the Engineer shall be included as an additional insured on the policy. A certificate evidencing statutory workers' compensation and employer's liability shall also be provided. In the case of a regulated public utility that is self-insured, it shall certify same.
E. 
Hold harmless agreement; indemnification. In addition to the insurance requirements, the applicant shall file with the Village on a form provided by the Village an agreement to indemnify and save the Village, its officers, agents, employees, consultants, and the Engineer harmless.
F. 
Fee. As part of the application, the applicant shall provide the appropriate fee, as provided in Chapter 175.
G. 
Upon receipt of a complete application, the Engineer shall provide the Police Department, Fire Department, Emergency Medical Services, and the Department of Public Works with a copy for their review and report to the Engineer.
A. 
Length of permit; expiration date. Permits shall be granted for no longer than 90 days, as determined by the Engineer, which shall be indicated on the permit.
B. 
Commencement. The work for which a permit has been issued shall commence within 30 days after the issuance of the permit or it shall lapse. In such event a new permit must be obtained under the same requirements as the original permit.
C. 
Renewal/extension. Every permit issued under this article shall expire at the end of the period of time set out in the permit. If the permittee shall be unable to complete the work within the specified time, he or she shall, at least 10 days prior to the expiration of the permit, present, in writing, to the Engineer a request for a renewal/extension of time, setting forth the reasons for the requested renewal/extension. If such a renewal/extension is necessary and not contrary to the public interest, the permittee may be granted an additional period of 30 days from the original expiration date to complete the work upon payment of the appropriate renewal/extension fee, as provided in Chapter 175.
D. 
No work shall commence until the Engineer has approved the application and plan as complete and in compliance with all permit requirements, together with payment of all fees required in the schedule of fees, as presented in Chapter 175.
E. 
In all phases of the work, the Engineer shall be notified as indicated in the permit.
F. 
Certificate of compliance. The Engineer shall issue a certificate of compliance when all work is completed to his/her satisfaction and all permit and inspection fees, as provided in Chapter 175, have been paid.
A. 
A permit may be revoked by the Engineer after notice to the permittee for:
(1) 
Violation of any condition of the permit or of any provision of this chapter;
(2) 
Violation of any provision of any other applicable provision of law, rule or regulation relating to the work; or
(3) 
Existence of any condition or the performance of any act or omission creating a public nuisance or endangering persons or the property of others.
B. 
Notice of any such violation or condition shall be delivered to the permittee or agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for the proposed revocation of the permit and an opportunity to be heard with respect thereto. Notice may be given by any method reasonable under the circumstances.
C. 
When any permit has been revoked and the work authorized by the permit has not been completed, the permittee shall be required to restore the street or part thereof to ensure that it is in as good a condition as it was before the opening was made. Such permittee shall be subject to the penalties and fines, as provided for in this chapter. Such permittee shall also be subject to other enforcement proceedings brought by the Village and shall reimburse for any costs incurred by the Village during such proceedings.
A. 
Community work plan. On January 2 of each year, all regulated public utilities shall be required to file with the Engineer a plan indicating all work anticipated to be performed in the Village for the upcoming calendar year. In turn, the Village shall notify the regulated public utility of scheduled street capital projects for the upcoming calendar year.
B. 
Blanket performance bond/indemnity agreement. Regulated public utilities must post a blanket performance bond in the amount of $250,000 to guarantee the satisfactory completion of work performed and issued under this chapter, including restoration of the street. Such bond shall be in the form of cash or other security acceptable to the Village. Such bond shall be in effect and maintained at such level at all times. Such utilities shall also keep on file an indemnification agreement in a form satisfactory to the Village Attorney holding the Village harmless from any loss, damage or injury arising out of their activities.
C. 
Maintenance bond. Regulated public utilities must post a maintenance bond in the amount determined by the Engineer, which shall be in the form of cash or other security acceptable to the Village. The period of maintenance shall be considered as a period of 24 months after the date of final completion, as determined by the Engineer, of the work to be done pursuant to the terms of the permit; except, however, that in the event that the termination of said twenty­four-month period falls within the months of December, January, February, March or April, then the period of maintenance shall be considered as extending until the first day of the following May.
D. 
Upon the failure or default by the permittee to restore the street to the satisfaction of the Engineer, upon five days' written notice, or in the case of an emergency, upon notice that is practicable, the Village may perform the restoration work and utilize the performance bond. In the event that the costs of such restoration are greater than the bond, the permittee shall be liable to the Village for the overage.
A. 
The street opening and the final restoration shall be performed in accordance with the plan approved by the Engineer and shall include the following as minimum requirements:
(1) 
All excavations shall be backfilled with controlled density backfill material (K-Krete), up to the bottom of the lowest course of pavement.
(2) 
If a new patch is to be made where there is an existing patch, the entire top course of the existing patch plus two feet on all sides shall be removed and replaced in full.
(3) 
Restoration of the top course of pavement for openings running parallel to the center line of the street shall be curb to curb.
(4) 
If the new work is to be restored with multiple patches and the area of disturbance is 20% or greater of the length of a street block multiplied by one foot, then the entire road in the block shall be resurfaced curb to curb. If the area of disturbance is less than 20%, then restoration from the curb to the center line may be sufficient at the discretion of the Engineer.
(5) 
Restoration of the top course of pavement for openings or patches running perpendicular to the center line of the street shall extend at least two feet outside all sides of the opening.
(6) 
Any new patch or restoration of pavement shall have the same contour as the adjacent road surface.
(7) 
If the street pavement is asphalt, the replacement shall be asphalt. The existing pavement shall be saw-cut to its base or binder course and shall be restored to 12 inches wider than the opening. The existing top course shall be saw-cut and restored to 24 inches wider than the opening. 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 pavement shall be sealed with hot asphaltic cement.
(8) 
If the street pavement is concrete, at the surface or below an asphalt overlay, the replacement shall be concrete, with an asphalt overlay where necessary to match existing pavement surface. The existing concrete slab shall be saw-cut to its base, drilled and doweled to a minimum depth of 12 inches with the dowels two feet on center and anchored with epoxy. The new concrete slab shall extend to a minimum of 12 inches outside the trench. If any portion of a panel of concrete is disturbed, then the entire panel must be replaced. The seam shall be sealed with hot asphaltic cement.
(9) 
All pavement disturbances shall be made by clean, straight saw-cuts.
(10) 
Plates must be securely bolted or wedged and, if in place between November 15 and April 1, must be recessed and flushed to the adjacent pavement. In no circumstance shall the plates be in excess of one inch above the pavement.
B. 
Unless it is an emergency, work shall be restricted to 8:00 a.m. to 6:00 p.m., unless authorized by permit to other times.
C. 
Inspections. All work shall be done in a good and workman-like manner, and will be inspected by the Engineer:
(1) 
Standard inspection: to be conducted for installations, repairs, or new connections to any utilities. All inspections, outside of reinspections, shall be included as part of the inspection fee, as provided in Chapter 175.
(2) 
Major/emergency inspection: to be conducted at excavation; at compaction of bedding of trench; prior to and during backfill of utility lines and road restoration. For major permits, the initial and final inspections shall be included as part of the inspection fee stated in Chapter 175. For emergency permits, a fee for each inspection shall be required, as provided in Chapter 175.
(3) 
Progress inspection. For all permit types, the Engineer shall have the ability to request an inspection at any time during the project. A fee for each progress inspection shall be required, as provided in Chapter 175.
(4) 
Reinspection: should a regular inspection not occur due to a delay caused by the permittee or if the Engineer determines that the work has not been done correctly, an additional fee for a reinspection and each additional reinspection, as provided in Chapter 175.
D. 
Security; maintenance and protection of traffic plan.
(1) 
The permittee shall erect and maintain suitable barricades and fences around all excavations until all of the work is completed, as well as arrange for the work to be done in such a manner so as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic.
(2) 
The permittee shall provide around open excavations and road depressions greater than two inches from structures warning flags or signs, suitably lighted flashing lights especially during nighttime, and qualified flaggers in such number as deemed necessary by the Village, in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices and New York State Supplement.
(3) 
Where the free flow of traffic is interfered with during work hours, the permittee shall designate competent persons to direct and expedite traffic by means of lights or flags.
(4) 
Unless otherwise authorized by the Village, vehicular traffic shall be maintained at all times during the progress of the work being performed under the permit. If vehicular traffic cannot be maintained through the work area then a maintenance and protection of traffic plan must be submitted to the Village for review and approval prior to construction. Any necessary detour signs must be posted prior to the start of construction.
(5) 
The aforementioned security and protective measures shall be performed in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices and New York State Supplement.
E. 
Protection of existing structures. It shall be the duty of the person, firm or corporation by whom any street opening is to be made for any purpose whatsoever to notify the operators of all underground facilities 48 hours prior to commencing any work within the Village of Port Chester in conformance with 16 NYCRR Part 753.
F. 
Damage of existing improvements. All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of any applicable code or ordinance.
G. 
The permittee shall keep the permit and a copy of the plan at all times while such work is in progress at the location for which the permit was granted and show such permit or plan upon demand by the Village.
H. 
The Police Department, Fire Department, Emergency Medical Services, and the Department of Public Works shall be provided a copy of the permit and all approved plans by the Engineer.
I. 
Any permittee shall at all times maintain accurate contact information for all parties responsible for any plant located in the streets, which shall include a phone number, street mailing address and e-mail address for at least one natural person who may be contacted at all times in the event of an emergency.
J. 
Any permittee shall maintain the persons and equipment necessary to allow it to respond immediately to any condition of or relating to the plant located in the streets presenting a hazard to persons or property.
K. 
The Village does not guarantee it has the authority necessary to permit any permittee to place or maintain a plant in the streets at any site. A permittee is responsible for ensuring it has all authorizations required in order to place a plant at a particular location. Permits improperly granted may be revoked. A permittee assumes all risks associated with placement of a plant in the streets.
L. 
A permittee shall place and maintain its plant to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the plant and is responsible for restoring property damages to their condition prior to the plant’s installation, except as state law otherwise provides.
M. 
All plants shall be neatly placed and maintained, with unused plants removed, so that the burden and visual impact of the plant in the streets is minimized. Without limitation, it is not permissible to leave wires hanging or leave disconnected cabling and conduits on the sides of supporting structures in the streets.
N. 
Use by any permittee is secondary to use of the streets by vehicular and pedestrian traffic, and no plant may be placed in a manner that interferes with such uses. Without limitation, plants may not be placed or maintained at locations that present a hazard to pedestrians or vehicular traffic (whether physically or by obstructing sight lines); that violate ADA requirements; or that overhang any street, sidewalk, ramp or driveway, unless the Village has specifically approved that placement.
O. 
Except as otherwise provided by state law, a permittee must promptly move, alter, temporarily relocate, or remove its plant as necessary for any public project, including, but not limited to, installation of any publicly owned utility, structure or facility, street widening or regrading, widening or installation of sidewalks, or as part of an undergrounding project. If a permittee fails to move, alter, temporarily relocate, or remove its plant by a time specified by the Village, the Village may cause the plant to be removed and charge the permittee for the cost thereof, which cost shall be recoverable against the bond.
P. 
Except as otherwise provided by state law, a permittee must promptly, and at no charge to the Village, move, alter, or temporarily relocate its plant as necessary to permit use of the streets by other franchised entities or entities holding permits from the Village that require such movement, alteration or relocation. A permittee may charge the entity that causes such work to be performed for the cost of the work, except as may otherwise be provided by applicable laws or contract.
Q. 
Permissions granted by the Village to occupy the streets shall not in any event constitute an easement on or an encumbrance against any public right-of-way. No right, title, or interest in the streets, or any part thereof, shall vest or accrue in a permittee by reason of issuance of such permissions.
R. 
The site and the plant, including, but not limited to, all landscaping, fencing, and related equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on a plant must be removed at the sole expense of the permittee within 48 hours after notification from the Village.
S. 
Any permittee must maintain complete and accurate copies of all applications filed, and all permits and other regulatory approvals issued in connection with the plant, and maintain full and complete records identifying and showing the location of the plant of the permittee in the streets. Copies of the record shall be promptly provided to the Village on request, unless production of the records is prohibited by law. Maps of the plant must be provided in a format that will permit the information to be incorporated in the Village’s GIS system.
A. 
In the event of an emergency, application may be made to the Engineer for an emergency permit in person, via e-mail, or by telephone or fax, and authority shall be granted to proceed with the necessary work.
B. 
If such emergency should develop outside the regular business hours of the Village, notification of such emergency shall be made to the Police Department in person or by telephone before proceeding with the street opening.
C. 
It shall be the duty of every person who undertakes to do an emergency street opening under the provisions of this section to place warning signs, lights and barriers to protect the public and otherwise provide adequate security and protection to protect the public as hereinbefore required in § 283-8.
D. 
Within 24 hours of the onset of the emergency or the next following business day, whichever comes first, the person undertaking the work shall complete a full application detailed in § 283-4, or be held in violation of this chapter and subject to the penalties provided in this chapter.
E. 
In an emergency or when the any plant located in the streets, including a wireless telecommunications facility, threatens imminent harm to persons or property, the Village may, without notice, inspect, support, repair, disable, or remove any elements of any permittee’s facilities and charge the permittee the costs therefor.
A. 
A violation of the provisions of this article shall be punishable by a fine of not more than $750 per day or by imprisonment for not more than 15 days, or by both for the first violation and by a fine of not more than $1,250 per day or by imprisonment for more than 15 days, or by both for the second and any subsequent violation. Each day’s violation shall constitute a separate and distinct offense.
B. 
In addition, the Village may prosecute a violation through the commencement of a civil action or injunction proceeding by the Village Attorney in a court of competent jurisdiction.
Members of the Police Department are authorized to issue an order to stop work relating to a street opening if in his/her judgment the work poses an immediate threat to the public health, safety and welfare. Such order shall also include a directive that the area of the work is to be made safe forthwith to the satisfaction of the Engineer. Any action taken by the Village under this section shall be in addition to any penalties or remedies available to the Village under this chapter.
[Added 3-5-2018 by L.L. No. 3-2018]
When the Engineer determines that a utility pole is dangerous or damaged, the Village shall provide a written notice to all utilities with a plant on such pole stating that the pole must be repaired, replaced or removed within 15 days or such shorter reasonable time as may be necessary to protect the public safety.
[Added 3-5-2018 by L.L. No. 3-2018]
A. 
When a public utility installs a new pole that creates a double utility pole condition, the public utility shall, within 30 days of installation of the new pole, provide written notice to all other public utilities maintaining a plant on the existing pole that a new pole has been installed and that their plant on the existing pole must be relocated to the new pole within 90 days of the date of the notice. A copy of such notice shall be simultaneously provided to the Village.
B. 
It shall be the joint and several obligation of the public utility installing the new pole and any other public utility maintaining a plant on the existing pole to remove the existing pole within 120 days after installation of the new pole.