[Adopted 12-29-1948 by Ord. No. 5-1948; amended in its entirety 8-15-1990 by L.L. No.
4-1990]
No person or persons or corporations, other than a duly authorized
City official or employee, shall make any openings or remove any pavement
or sidewalk in any of the streets, avenues, alleys or public places
in the City of Rensselaer unless he first shall have obtained a permit
therefor from the Commissioner of Public Works.
Before any permits shall be granted under the provisions of
this article, an application therefor, signed by the applicant, shall
be made to the Commissioner of Public Works on the printed blanks
provided therefor describing the location, number, purpose and size
of the openings to be made, the kind of pavement or sidewalk to be
removed, the time when such openings are desired and the length of
time the openings will remain open, together with such other information
regarding the proposed work as the Commissioner of Public Works may
require.
The Commissioner of Public Works shall require from any person
or corporation applying for a permit under the provisions of this
article, and before such permit is granted, a good and sufficient
bond of indemnity of a duly authorized guaranty company, approved
by said Commissioner of Public Works, in the penalty of $10,000, expiring
the 31st day of December of each year, conditioned to indemnify and
save harmless the City of Rensselaer from all loss, damage, cost and
liability whatever which the City of Rensselaer may sustain or incur
by reason of any accident, act or omission of the person or corporation
to whom such permit is granted or any person employed by him or it
while engaged in such employment and performing any work done under
or pursuant to such permit.
The Commissioner of Public Works shall have power to grant permits
to public service corporations for opening, refilling and repaving
streets, avenues and public places in the City of Rensselaer for the
constructing, laying, repairing and maintaining of mains, pipes, services,
conduits, manholes, railroad and railway tracks and appurtenances
thereto under the provisions of City laws and ordinances. Before any
such permit is granted, the applicant shall file with the Commissioner
of Public Works such maps, plans, specifications and information regarding
the proposed work as the Commissioner of Public Works may require,
and the Commissioner of Public Works shall have power to prescribe
such conditions and methods of doing the work as he may deem for the
best interests of the City. The applicant will be required to remove
all clay or other materials which, in the opinion of the Commissioner
of Public Works, are unsuitable for backfilling and refill all openings
with a mixture of sand and gravel and to replace all pavements removed
or disturbed by the prosecution of the work and restore the same to
as good state and condition as before the opening was made, satisfactory
to the Commissioner of Public Works. After the completion of the work,
the applicant shall keep said pavement at all times free from defects
and settlements caused by the work for which the permit was granted.
Should the person or corporation to whom the permit was granted fail
to properly repair the pavement within five days after the written
notice from the Commissioner of Public Works, the Commissioner of
Public Works shall have the power to have such repairs made, and the
expense therefor shall become a charge against said person or corporation
to whom such permit was granted, or the sureties of his bond, except
that, in an emergency, when the Commissioner of Public Works deems
the pavement to be in dangerous condition, the Commissioner of Public
Works may have such repairs made without notice, and the expense therefor
shall become a charge against said person or corporation or their
sureties. In case of nonpayment of bills for repairs, made as hereinbefore
provided, the Commissioner of Public Works may also withhold further
permits from said person or corporation until said bills are paid.
No permits will be required for street openings made for the
purposes of carrying out City paving or sewer work or contracts.
The permits granted under the provisions of this article are not transferable, and any violation thereof will be punishable under the provisions of § 147-11 of this article.
If any applicant desires to open the carriageway of any paved
street, avenue, alley or public place in the City of Rensselaer for
the purpose of making or repairing water or sewer connections, or
for any other purpose not especially provided for in this article,
such applicant shall deposit with the Commissioner of Public Works
an amount sufficient to cover the cost of inspection, the removal
of all clay or other materials which, in the opinion of the Commissioner
of Public Works, are unsuitable for backfilling, the refilling of
the opening with a mixture of sand and gravel and the repairing, relaying
and maintenance of the pavement to be removed, together with the costs
of any new materials required, as may be determined by the Commissioner
of Public Works, after which payment the Commissioner of Public Works
may issue a permit and the applicant may proceed to do the work. The
permit issued shall state the location, purpose and size of the opening,
the exact time the opening is to remain open, the kind of pavement
and its foundation and the amount deposited by the applicant. The
Commissioner of Public Works may place an inspector in charge of any
street opening thus made for such time as he may deem necessary or
expedient. Upon the completion of the work, the Commissioner of Public
Works shall have the opening refilled and the pavement relayed and
repaired. All moneys for permits shall be received by the Commissioner
of Public Works, who shall keep an accurate account of same and who
shall deposit the same monthly with the City Treasurer to the credit
of the Commissioner of Public Works office. The Commissioner of Public
Works shall, from time to time, prepare a schedule of prices to be
charged for the refilling of openings and for the repairing of the
various kinds of pavement so open and the inspection of same. Should
the applicant understate the quantity of refilling to be done of the
area of pavement to be opened or removed or so perform the work that
a larger quantity of refilling is to be done or a larger area of pavement
is displaced or injured than was applied for and for which payment
has been made, the Commissioner of Public Works will collect the excess
from said applicant and, in default of payment for same, upon demand,
will refuse further permits to such applicant until such excess is
paid. The inspector may, before the work is commenced, compare the
estimated quantities with the actual work proposed and, unless an
emergency exists, have any corrections made before the street is opened.
In case the applicant has deposited a larger sum than the final estimate
shows for such work, the Commissioner of Public Works will give an
order to such applicant for the refund by the City Treasurer of the
difference between the final estimate and the amount so deposited.
The Commissioner of Public Works shall have the power to issue a permit to any applicant who desires to open the sidewalk of any street, avenue, alley or public place in the City of Rensselaer for the purpose of making or repairing water or sewer connections, or for any other purpose whatever, provided that said applicant files the proper application therefor, as provided in § 147-3, and furnishes the bond required in § 147-4. The applicant to whom such permit is granted will be required to refill all openings and replace and repair all sod, flag, brick, macadam or cement sidewalk, curb, pavement or other work disturbed or injured by reason of such opening in a manner satisfactory to the Commissioner of Public Works.
Where the City employees of the Department of Streets of the
City of Rensselaer make openings in the pavement, sidewalk or other
public places of the City and find defects in the water service or
house drains for which the owner of such water service or house drains
is responsible, the plumber employed to repair such defects shall
make application and obtain permits for such openings in the same
manner as is herein provided for other openings.
Any person or persons or corporations, except as herein provided,
who shall make any opening or remove the pavement or sidewalk in any
street, avenue, alley or public place in the City of Rensselaer without
first having obtained a permit therefor from the City Engineer or
shall violate any of the provisions of this article shall, upon conviction
thereof, be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both, for each offense, and each opening
made without such permit shall constitute a separate offense.
