[Adopted 7-10-1992; amended in its entirety 12-7-2010 by Ord. No. 2010-8]
A. 
No person, other than a duly authorized City officer or employee, shall make any openings or remove any pavements or sidewalks in any street, avenue, alley, curb or public place in the City of Amsterdam without a permit from the Public Works Department.
B. 
The fee for a permit shall be $50 plus $5 per square foot of the size of the opening.
C. 
Permits issued hereunder shall not be transferable.
D. 
Permits shall only be issued between March 15 and November 1 of each year except in the case of emergency.
E. 
Each permit must specify a closure date acceptable to the Public Works Department as reasonable for the nature of work contemplated; such date may be amended upon reasonable application to the Department. The permittee is subject to a surcharge if the opening is not closed within seven days of the date specified in the amount of $10 per day for each day beyond seven days after the specified closure date.
A. 
Whenever a street or a portion of a street is to be closed to traffic or parking is to be prohibited for eight or more hours on one day or over a period of several days, the Department of Public Works may require, as a condition of the issuance of a permit under § 206-36, a program of public notification which may include the following:
(1) 
Notification of scheduled work in the public service section of a local newspaper of general circulation in advance of the commencement of such work.
(2) 
Direct contact with residents on affected street through circular or leaflet.
(3) 
The publication of a display advertisement in at least one local newspaper of general circulation.
(4) 
Signage at the work site.
B. 
Notification should include expected date and time of commencement and completion of work, hours that the street shall be closed to traffic, the date and times temporary parking restrictions will be in effect and the availability of alternate routes, if applicable.
Application for a permit shall be made to the Public Works Department on provided forms, which shall describe 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 work as the Public Works Department may require.
Before a permit is granted, the applicant shall provide a certificate of insurance of a duly authorized insurance company, in the sum of $1,000,000 designating the City as a named insured and evincing coverage to indemnify and save harmless the City of Amsterdam from all loss, damage, cost and liability whatever which the City may sustain or incur by reason of any accident, act or omission of the person to whom such permit is granted or any person employed by him while engaged in such employment and performing any of the work done under or pursuant to such permits.
In order to preserve and protect the historic and aesthetic integrity of the City's infrastructure, the permittee will replace any excavated road or sidewalk area with the same paving materials removed, and special emphasis shall be given to the replacement of granite block, pavers or bricks.
No pavement opening as authorized herein shall be closed without and until an inspection by the Department of Public Works. The closing and repavement shall thereafter be performed in a manner satisfactory to the Department of Public Works and in accordance with Department specifications.
A. 
A person authorized to open a street or sidewalk pursuant to the provisions hereof (the permittee) shall have a continuing duty, for a period of two years from the date of closing the opening, to keep such area free from settlement or other defects caused by said openings and shall, when necessary, repair and restore such area to a condition satisfactory to the Department of Public Works.
B. 
If a permittee fails to properly repair within five days after written notice thereof from the Department of Public Works, the Department of Public Works may have such repairs made, which shall be charged against the permittee.
C. 
Nothing contained herein, however, shall prevent or preclude the Department of Public Works from taking whatever steps may be necessary, with or without notice, when emergency or otherwise dangerous conditions exist.
A. 
Permits shall not be required for City paving, water and sewer operations and for private contractors operating in connection therewith. However all other provisions of this article shall apply.
B. 
When employees of the City make openings in the pavement, sidewalk or other public places of the City and find defects in water services or house drains are responsible, the plumber employed to repair such defect shall make application and obtain permits for such openings in the same manner as is herein provided for other openings.
All persons, corporations or other entities proposing to install or repair pipe, cable, wire, conduit or other facilities in, on or over any street or sidewalk in the City of Amsterdam or otherwise dig in or open the same shall be responsible for reviewing the City's list of streets and sidewalks scheduled for repair or reconstruction, to be prepared and maintained by the Department of Public Works, and shall make provision to do any work, except emergency work, which requires the opening or use of any such street or sidewalk prior to or during the construction of the project undertaken by the City. No permit to use or open any street or sidewalk which would require resurfacing or reconstruction, except for emergency work as hereinafter provided, shall be issued to any such person within a five-year period after the completion of the construction of a capital project by the City relating to such street or sidewalk unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing, the Department of Public Works may issue a permit to open a street within such five-year period upon a finding of necessity therefor, subject to such conditions as the Department may establish by rule, which shall include appropriate guarantees against the deterioration of the restored pavement and may include a higher fee structure.
Any pavement or sidewalk which has not been relaid, repaired or reconstructed to the satisfaction of the Department of Public Works shall be repaired, reconstructed and properly relaid within five days after service of an order by the Department upon the person by whom such pavement was removed or, if such removal was for the purpose of making a connection between any building or lot, or for any sewer or pipes in the street, or for constructing vaults, or otherwise improving any building or lot.
Failure to obtain a permit when required herein is a violation punishable by a fine of up to $500 and 15 days in jail or both.