[Adopted 4-23-1968 by G.O. No. 19-1968; amended 6-22-1971 by G.O. No. 19-1971]
[Amended 6-14-2016 by
G.O. No. 7-2016; 4-10-2018 by
G.O. No. 3-2018]
No removal of the pavement or disturbance of the surface of
any street for the purpose of making sewer connections or repairing
sewers or pipes or laying down gas or water pipes, steam pipes or
electric conduits, cables or ducts or introducing the same into buildings
or placing building materials, tar kettles, compressors, sidewalk
fences or sidewalk bridges or crossing the sidewalk other than usual
use, or for any purpose whatever, shall be made until a permit is
first had from the City Engineer. The City Engineer shall have the
authority to grant, deny, suspend or revoke a permit for cause. In
all cases, where the removal of the pavement or disturbance of the
surface of any street is being done, an excavation license must also
be obtained from the Office of Consumer Protection.
In excavating cross trenches where conditions warrant it, excavation
by power equipment may be performed but only with special permission
by the City Engineer.
A.
Width of trench. Where trench excavation is made for pipes or conduits,
the width of the trench shall not exceed the outside diameter of the
pipe plus two feet. "Width of trench" shall mean the greatest distance
between trench walls, measured at any level of the trench from the
surface of the pavement down to the bottom of the trench and measured
at right angles to the direction of the pipe or conduit. Trench walls
may be vertical or sloped outward not to exceed one foot horizontal
to four feet vertical, except where sheeting is required (as outlined
elsewhere herein), in which case trench walls and sheeting shall be
vertical.
B.
Excavated materials.
(1)
In residential or semiresidential areas, all excavated materials
shall be laid compactly at the sides of the trench and shall be kept
trimmed up so as to give the least possible inconvenience to vehicular
and pedestrian travel and to owners or tenants of adjoining property.
A clear footway not less than four feet shall be reserved and kept
open in sidewalk areas, and, if necessary, boards shall be put up
to prevent the earth from running over into the reserved space. Where
trenches fall within street crossings and private ways, they shall
be steel-plated in such manner as the City Engineer may direct in
order that the traffic of intersecting streets may not be stopped
and in order that entrance may be made to houses, stores, factories,
garages and other buildings and grounds along the work. Where the
scope of the work requires the opening of more than 1/2 the width
of the street paving, such opening shall be performed in sections,
one section to be completely backfilled or covered with a steel plate
before another section is opened so as to provide for continuous passage
of vehicular and/or pedestrian traffic over at least 1/2 of the pavement
width. In this respect, sections shall be laid out for opening in
accordance with directions of the City Engineer prior to the start
of the work.
(2)
In business or major thoroughfare areas, all excavated materials shall be completely removed from the site, and the work of excavation is to be commenced as outlined in Subsection B(1) above.
(a)
In order to clarify somewhat the approximate areas where this
provision shall apply, the following is a list of locations hereby
deemed to be of major significance and for which this provision shall
be strictly enforced:
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Ashburton Avenue
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Bronx River Road
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Central Park Avenue
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Cook Avenue
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Crisfield Street
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Elm Street
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Kimball Avenue
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Lockwood Avenue
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Ludlow Street
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Main Street
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McLean Avenue
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Midland Avenue
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Mile Square Road
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Nepperhan Avenue
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New Main Street
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North Broadway
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Odell Avenue
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Old Nepperhan Avenue
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Palisade Avenue
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Palmer Road
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Park Avenue
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Park Hill Avenue
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Riverdale Avenue
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Robert Avenue
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Rumsey Road
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Saw Mill River Road
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South Broadway
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Van Cortlandt Park Avenue
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Walnut Street
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Warburton Avenue
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Yonkers Avenue
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(b)
The City Engineer may from time to time add to or delete from
the above list when he feels the occasion directs it.
(3)
During the course of the work, gutters must be kept free of obstruction
to permit the flow of stormwaters, and free access to the Water Bureau's
stopcocks, hydrants and gates must be maintained at all times. After
the excavation has been completed, the pavement and/or sidewalk areas
adjacent to the work shall be swept clean and all excess materials
removed from the job site.
(4)
Blasting and explosives.
(a)
Blasting will not be permitted except at points more than 20
feet distant from existing drains, sewers or other structures, and
then only under such regulations as may be established by the Engineer.
(b)
Where blasting is permitted, it shall be done in accordance
with all City, county, state and federal ordinances, pertinent laws
and other regulations and with all orders given by the Fire Department
relative to the storing and handling of explosives, the quantity of
explosive for each blast and the firing of blasts. Such ordinances,
laws, regulations and orders shall not, however, relieve the permittee
of any responsibility for damages caused by him in the performance
of such work.[1]
(c)
Prior to the firing of blasts, all persons in the vicinity shall
be given ample warning and cleared from the zone of danger. Blasting
shall be done only by experienced, licensed men. All blasts shall
be well covered, and provision shall be made to protect all pipes,
conduits, drains, sewers and structures and all persons or property
adjacent to the site of the work.
(d)
In case any injury occurs to any of the pipes or other structures
or to the materials surrounding or supporting the same through blasting,
the permittee, at his own expense, shall rebuild or repair the pipes
or other structures and replace the material surrounding or supporting
the same to the satisfaction of the Engineer or of the owner thereof.
A.
As soon as practicable after sections of the various conduits, pipes
and structures have been completed and have developed the required
strength and durability, the trenches and other excavations in which
they have been constructed shall be carefully backfilled under, around
and over the pipes and structures with approved and selected materials
from the excavations or with borrowed backfill materials, and the
excavations shall be completely filled up to the existing surface.
B.
The backfill material to be used between the bottom of the trench
and an elevation of two feet over the top of the pipe, conduit or
other structure shall be a selected material of a clayey loam, sandy
loam or sand, gravel and clay mixture free from clods, frozen lumps,
particles of stone, rock or gravel exceeding one inch in its longest
dimension, and other deleterious matter. Such material, when placed,
shall be damp and shall be spread in thin layers not exceeding six
inches in thickness and brought up at the same rate on both sides
of the pipe, conduit or structure. Each layer shall be thoroughly
compacted by mechanical or approved hand tampers for the full width
of the layer before the next layer is placed. When hand-tamping is
permitted, it shall be done with a tamper of approved weight and design
and shall be done in such a manner as to produce compaction of the
backfill equal to the compaction produced by mechanical tampers. Special
care shall be exercised in compacting the backfill below the horizontal
diameter of pipes and conduits in order to secure complete compacting
without dislodging the pipe or conduit. Backfill material shall not
be dropped directly on the pipe or conduit nor over the area occupied
by the pipe or conduit between the horizontal diameter and two feet
above the top of the pipe or conduit.
C.
Material for the backfilling of the balance of the trench or excavation
from an elevation of two feet over the top of the pipe, conduit or
other structure to the existing surface shall be selected material
from the excavations of the same quality as described above or borrowed
backfill materials containing no stone, rock or gravel exceeding 12
inches in its longest dimension. The total volume of such stones,
rock or gravel shall not exceed 30% of the volume of the backfill
material. Segregation of the larger particles into pockets shall be
prevented.
D.
The backfill to the top of the trench or other excavation shall be
made in layers not more than one foot in thickness after compaction.
The backfill material, when placed, shall be damp and shall be deposited
with its surface approximately horizontal, with a small crown along
the center line of the trench, and shall be thoroughly and completely
compacted with mechanical or approved hand tampers before the succeeding
layer is placed. From an elevation of nine feet over the top of the
pipe or conduit, compaction of wide excavations may be made with a
tamping roller which shall traverse the entire surface of the backfill
until there is no further decrease in the penetration of the tamping
feet of the roller. The top surface of the backfill shall be mounded
slightly and shall conform to the adjacent existing surface. The permittee
shall maintain the backfilled trench or other excavation in a safe
condition for traffic and the public until the date on which the City
or the permittee commences the pavement restoration.
E.
In making excavations, all materials removed which comply with the
specifications for backfill materials shall be selected and segregated
from the other unsuitable excavated materials and separately stored,
apart from other materials. Such selected materials shall not be allowed
to become mixed with other materials unsuitable for backfill. Failure
to comply with this requirement may result, as determined by the City
Engineer, in the rejection of all the selected backfill materials,
and the permittee thereupon shall furnish from other approved sources,
at his own expense, the amount of approved materials which has been
rendered unsatisfactory by admixture with other materials.[1]
F.
Whenever the excavations do not produce a sufficient quantity of
satisfactory material for making the required backfill, the necessary
amount of suitable material shall be furnished by the permittee from
other approved sources as described for borrowed backfill.
G.
If such backfilling shall not be done in accordance with the provisions
of this article or if the pavement shall not be relaid in the manner
and with materials satisfactory to the City Engineer, the City Engineer
may cause a notice, in writing, to be served upon the person or corporation
by whom the fill or pavement was removed or, if such removal was for
the purpose of making a connection between any house or lot with any
sewer or pipes in the street or otherwise improving any house or lot,
upon the owner or occupant of such house or lot, requiring such person
or corporation, or the owner of such house or lot, to have such backfilling
properly done and to have such pavement properly relaid within five
days after service of such notice. Such notice may be served upon
the owner or occupant of a house or lot by leaving the same with any
person of adult age upon the premises or by posting the same thereon
or upon the contractor or his employees or agents.
[Amended 6-14-2016 by
G.O. No. 7-2016]
H.
In case such backfilling shall not be done or in case the pavement
or a portion thereof shall not be relaid to the satisfaction of the
City Engineer within the time specified in such notice, it shall be
lawful and authority is hereby given to the Engineer to have such
backfilling done and to have such pavement or portion thereof relaid
and put in proper order and repair, in such manner as he may deem
best, on account of the person or corporation by whom such excavation
was made or such pavement was removed or from the owner of the premises
for whose benefit such excavation or such removal of pavement was
made. Upon the costs of such work being certified to the Comptroller
of the City by the City Engineer, the Comptroller shall pay the same,
and the amount so paid shall be collected, after demand for payment
thereof shall have been first made, in an appropriate action at law
from the person or corporation by whom such excavation or such removal
of pavement was made or from the owner of the premises for whose benefit
the same was made or from any other person responsible for the work.
[Amended 6-14-2016 by
G.O. No. 7-2016]
I.
Nothing contained in this article shall be deemed to prohibit the
City Engineer from demanding, before issuing a permit and as a condition
therefor, the deposit of such sum of money or other security as, in
his judgment, may be sufficient to pay the cost of properly backfilling
an excavation and relaying the pavement removed, together with the
expense of the inspection thereof and the expenses incidental to the
issuing of the permit and the making of refunds thereon. Nothing contained
in this article shall be deemed to prohibit the Engineer from issuing
a violation to the owner, occupant contractor or other person responsible
for the work on the building, lot, street sidewalk or other property.
[Amended 6-14-2016 by
G.O. No. 7-2016]
A.
The permittee shall be solely responsible for supporting and maintaining
excavations required hereunder and shall install sheeting, shoring,
bracing or other supports at the sides, ends, top and bottom of excavations
more than six feet deep with timber, steel or other adequate and satisfactory
materials. If, in the opinion of the City Engineer, the sheeting,
braces, shores, stringers, waling timbers or other supports are not
properly placed or are insufficient, the permittee shall provide additional
or stronger supports. The requirement of sheeting and shoring or of
the addition of supports shall not relieve the permittee of his responsibility
for their sufficiency or for any damage that may occur.[1]
B.
All temporary supports shall be removed as backfilling progresses.
All sheeting, shoring and supports in excavations over 12 feet deep
required for the purpose of preventing injury to pipes, other structures,
other property or persons shall be left in place, with the upper ends
cut off 18 inches below pavement level. Upon the removal of supports,
all voids shall be completely and compactly filled to the satisfaction
of the City Engineer.[2]
C.
All the timber for sheeting, sheet piling, bracing, waling and shoring
shall be of merchantable stock, of such kind, size, thickness, strength,
quality and durability as will adequately support and protect the
work and adjacent structures, safeguard the workmen from injury and
be satisfactory to the City Engineer.[3]
D.
Where permanent sheeting is required (in excavations over 12 feet
deep), it shall be driven to the elevations specified. It shall be
driven in a vertical position by hand or with air or steam hammers
and securely held in the required position with waling pieces and
braces placed as the excavation work and driving progresses. Any material
encountered which prevents the driving of the sheeting shall be removed
by the permittee, and any hole left outside the location of the sheeting
shall be completely filled and compacted. The top of all permanent
sheeting shall be cut off to a line 18 inches below the bottom of
the pavement.
A.
All existing pavements, walks, curbs, pipes, conduits, poles, wires,
fences, property line markers, walls, buildings, railroad tracks and
other structures which do not, in the opinion of the City Engineer,
require to be changed in location shall be carefully supported and
protected from injury by the permittee; and in case of injury, they
shall be restored by him to as good condition as that in which they
were found.
B.
Trees, tree roots and branches shall not be mutilated, nor shall
they be cut except by permission of the City Engineer. Power-driven
excavating or other machinery, if used, shall be handled with care
to prevent damage to shade trees, particularly to overhanging branches
and to other landscaping, materials or structures.
C.
When ordered by the City Engineer, the permittee shall dig up, handle,
protect and properly reset hedges, small trees and shrubbery along
the line of or adjacent to the work, and all reasonable care shall
be exercised in the performance of such work. Sod and topsoil shall
be stripped and stored until the completion of the work, when they
shall be replaced in the same condition as before removal.
After the trench has been backfilled as outlined elsewhere herein,
the trench shall be covered with a two-inch-thick temporary pavement
of bituminous material approved by the City Engineer, and it shall
be continuously maintained by the permittee until such time as permanent
pavement has been restored. However, no permanent pavement shall be
restored between December 1 and April 1.
A.
Prior to the excavating, all pavement shall be line-cut to the dimensions as outlined in § 103-28A herein. After completion of the work and when final pavement as outlined elsewhere herein is to be restored, the existing pavement base shall be cut back a minimum of 12 inches outside the edge of the cut, and the pavement top course shall be cut back an additional minimum distance of six inches from the edge of the pavement base cutback. (The edges of both the base as well as the top course shall be trimmed to regular lines to a uniform width before any restoration takes place.)
B.
Restoration in streets where trolley tracks were left in place. On
any street where trolley tracks have been left in place and the street
has been resurfaced, the restoration shall consist of a two-inch asphaltic
concrete wearing course on an eight-inch portland cement concrete
bottom course (3,000 per square inch). With special permission from
the City Engineer, bottom courses may consist of eight inches of approved
asphaltic concrete base course (State Specification Item 458-X, Type
1-A) laid in two four-inch layers and compacted as specified elsewhere
herein.
C.
Restoration of pavement on county road. On all Westchester County
parkways, pavement restoration shall be in accordance with the terms
of the permit issued by both the County of Westchester and the City
of Yonkers.
D.
Restoration on all other streets. On all streets other than those
with trolley tracks, the subgrade of the pavement to be installed
shall be compacted and leveled off even with the subgrade of existing
pavement or to a depth of eight inches below the finished pavement,
whichever is greater. If the resultant opening is too small to permit
efficient compaction by a standard ten-ton roller or an approved vibratory
compactor, pavement restoration shall consist of at least six inches
of portland cement concrete (3,000 per square inch) reinforced with
No. 6 gauge wire mesh and two inches of asphaltic concrete wearing
course, or a thickness matching the existing top course, whichever
is greater.
E.
If the resultant opening is large enough to permit efficient use
of ten-ton roller, approved asphaltic concrete base course shall be
placed at least six inches in thickness and rolled in two three-inch
layers. Top course shall be as specified above.
[Amended 7-5-1972 by G.O. No. 10-1972; 7-3-1990 by L.L. No. 5-1990]
A.
Deposits and fees for street openings and sidewalk work, including
replacements, patchwork and curb cuts, shall be in amounts set by
the City Engineer, with the approval of the Mayor, and they shall
be effective 48 hours after notice of them shall have been posted
in the City Clerk's office.
[Amended 6-14-2016 by
G.O. No. 7-2016]
B.
There shall be specifically excluded from the payment of the above-mentioned deposits and fees the following items: pole holes, gas-valve boxes, bar or probe holes, and any person, firm or corporation doing work for the City of Yonkers under a City contract; provided, however, that a permit for such work shall first be obtained as provided in § 103-26.
Upon completion of the backfilling and restoration of the permanent pavement and/or sidewalk as approved by the City Engineer, the Comptroller of the City of Yonkers is hereby authorized, upon written direction from the City Engineer, to repay to the person, firm or corporation who obtained the permit and made the deposit an amount equal to the deposit less the chargeable fees as outlined in § 103-34 less any amounts chargeable as outline in § 103-29H, but in no event shall such deposit be refunded within three months after the date of final completion as determined by the City Engineer; except, however, that in the event that the termination date of said three months shall fall within the months of December to March, inclusive, then, and in that event, the refund period shall be considered as extending until the month of April.
[Amended 4-13-2010 by G.O. No. 1-2010]
A.
In addition
to the payments as outlined elsewhere herein, each permittee shall
furnish public liability and property damage insurance, written so
as to name the City of Yonkers as coinsured, which shall also give
60 days' written notice to the City of Yonkers of any modification
or cancellation of any such insurance and shall remain in effect throughout
the effective period of the work, in the following amounts:
(1)
Public
liability: not less than $1,000,000, including wrongful death to any
one person, and subject to the same limit for each person in an amount
not less than $500,000 on account of one accident.
(2)
Property
damage: not less than $100,000 for damages on account of any one accident
and in amount not less than $100,000 for damages on account of all
accidents.
B.
. The
permittee shall also furnish to the City of Yonkers and keep posted
with the Department of Public Works for the life of the permit taken
out a performance bond in the amount of $50,000 guaranteeing proper
repair of any damage to City underground facilities. Franchise holders
may file an indemnity agreement approved by the Corporation Counsel
in lieu of insurance.
[Amended 6-14-2016 by
G.O. No. 7-2016]
In case of emergency due to breakage of pipes, conduits or gas lines, street or sidewalk openings may be made prior to obtaining a permit for street openings when the owner, or contractor notifies the City Engineering Department during normal business or the City's Action Help Line during night hours, weekends or holidays of the issue; provided, however, that the person, firm or corporation or its agent, servant or employee shall have first filed the required evidence of insurance or indemnity agreement as provided in § 103-36 hereof prior to the work being commenced, and provided further that such person, firm or corporation or its agent, servant or employee making such cut shall make application for the necessary permit and pay the fees and deposits as heretofore required not later than 24 hours after said opening has been commenced (Saturdays, Sundays and holidays not included)."
In all cases where any person shall perform any of the work
mentioned in the preceding sections of this article, either under
contract with the City or by virtue of permission obtained from any
department, board or officer of the City, such person shall be answerable
for any damage which may be occasioned to person, animals or property
by reason of carelessness in any manner connected with the work.
Any person who shall place or cause to be placed in any of the
streets or public places of the City any building materials or any
earth, stone, sand or any other obstruction shall cause a sufficient
light or lights to be maintained near such obstruction for the protection
of travelers and passengers from damage or injury by reason of such
obstruction.
Any person who shall make or cause to be made any excavation
of any of the streets or public places of the City shall, during every
night that the place shall continue open, cause such excavation to
be surrounded by a good and substantial barrier and shall cause a
sufficient light or lights to be maintained near such excavation for
the protection of travelers and passengers from damage or injury by
reason of such excavation.
No building materials, stone, brick, iron or other heavy substance
or equipment shall be dumped, piled, placed or moved on any asphalt
pavement unless the pavement has been protected by a platform or plank
or timbers.
[Amended 11-26-2013 by G.O. No.
9-2013]
No permit shall be granted for the opening or excavating of
any street, sidewalk or public place for the purpose of laying gas
mains or running conduits exceeding 1,000 feet in length through and
along such street, sidewalk or public place until the City Council
shall have, by ordinance, permitted the laying of said mains or conduits.
[Amended 11-27-1973 by L.L. No. 7-1973; 7-3-1990 by L.L. No.
5-1990]
A.
Steel plating. Notwithstanding anything to the contrary as contained herein, no trench will be allowed to be left open while no work is being carried on in those streets outlined in § 103-28B(2), but they shall be steel-plated for their entire length and width until such time as work is resumed. In addition, no work of any nature whatsoever will occur in these streets before 9:00 a.m. or after 4:30 p.m. unless necessary, as outlined in § 103-37.
B.
Permits. No permits will be given for street openings on those streets outlined in § 103-28B(2) between December 1 and March 1 unless necessary as outlined in § 103-37.
C.
In the event that the Commissioner of the Department of Public Works and the Police Commissioner find that operations on those streets outlined in § 103-28B(2) may be carried on with a minimum of inconvenience to traffic flow in the City of Yonkers, the Commissioner may so modify the conditions outlined above as he may deem necessary. However, in no case shall modification be considered unless the applicant submits to the Commissioner the following:
