[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.
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.
[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:
(1) Plans and profiles outlining the proposed work.
(2) A time schedule and method of operation.
(3) Special conditions relating to the operation, if any.