[HISTORY: Adopted by the Board of Trustees of the Village
of Dobbs Ferry 6-12-2018 by L.L.
No. 6-2018. Amendments noted where applicable.]
A.
It shall be unlawful for any person, firm, company or corporation
to make or cause to be made any curb cut, excavation or opening (hereinafter
referred to as an "opening") in or under any street, sidewalk or public
place or any portion thereof, whether paved or otherwise, in the Village
of Dobbs Ferry, for any purpose whatsoever, except upon compliance
with the provisions of this chapter and the obtaining of a permit
and the payment of a fee therefor as hereinafter provided for.
B.
Such permit shall state the place where the opening is to be made,
the dimensions, materials and other particulars and the amount of
the fee and deposit to be paid therefor. The permit shall be exhibited
by the applicant to any police officer or other officer or employee
of the Village and to any resident of the Village on demand.
C.
All applications for permits shall be made in writing and shall contain
the following information:
(1)
The name and business or residence address of the applicant.
(2)
The name of the street, alley, sidewalk or public place in, onto
or under which it is desired to make the curb cut, excavation or opening
and the kind of curbing, pavement or sidewalk thereon.
(3)
The purpose, size and location of the proposed curb cut, excavation
or opening.
(4)
The name and business or residence address of the person or persons
for whose benefit the work is to be done.
(5)
The time during which it is desired that such opening be permitted.
(6)
The names and business and residential telephone numbers of every
officer, partner and managing agent of every party interested in said
property or said street opening.
D.
No permit shall be issued until the application therefor has been
approved as to location, design, dimensions, materials and other particulars
by the Superintendent of Public Works, the Building Inspector and
the Chief of Police.
E.
At least 24 hours prior to commencement of work, any person or authorized
representative of any firm, company or corporation desirous of making
any opening, shall file with the Department of Public Works an application,
in writing, for a permit for such opening on an application blank
containing such information as the Board of Trustees shall specify.
A sketch showing the location, dimensions and character of the opening
shall accompany the application, and all requirements of this chapter
shall be complied with.
A.
Methods.
(1)
All excavations, including temporary and permanent work, within any street shall be performed in accordance with the specifications contained in the section labeled "Specifications" (Village Code § 265-7) or in a manner as prescribed by the Superintendent of Public Works for circumstances not covered by the specifications.
(2)
The permittee shall make every effort to keep the amount of pavement
damage to a minimum. The pavement damaged in the course of performing
the work shall be restored by the permittee, at his or her own expense,
with curb-to-curb paving if more than 50% of the roadway is disturbed
and, if necessary, beyond the limits of the pavement (e.g., lawns,
sidewalks, shrubs, gardens, etc.). Backfilling and compaction of excavations
shall be performed by the permittee so that the least possible subsequent
settling will occur and as soon as practicable. Before backfilling,
the permittee shall notify the Superintendent of Public Works, allowing
adequate time as determined by the Superintendent of Public Works
for inspection, particularly in the area of existing underground utilities.
If, after permanent pavement restoration, settlement occurs due to
failure of the backfill, the permittee shall again restore the damaged
areas at the expense of the permittee.
(3)
Immediately upon the completion of proper backfilling, the permittee
shall construct temporary pavement. All temporary pavement shall be
installed at a thickness of three inches. The surface of the temporary
pavement shall not exceed above or lie below the surface of the adjacent
permanent pavement and shall be reasonably smooth. The permittee shall
be responsible for the proper placement and maintenance of the temporary
pavement and shall keep the temporary pavement level with the surface
of the surrounding permanent pavement and in proper repair and condition
until such time as permanent pavement restoration is completed, which
permanent restoration is required to be curb-to-curb paving if 50%
or more of the roadway is disturbed.
(4)
In any case, upon notice from the Superintendent of Public Works,
the permittee, at his or her expense, shall immediately make such
temporary repairs and take such corrective and protective measures
to the work as directed by the Superintendent of Public Works.
B.
Responsibilities of permittee.
(1)
It shall be the responsibility of the permittee to perform the necessary
restoration beyond the limits of the pavement, which shall include,
but not be limited to, restoration of lawns, shrubs, gardens, curbing,
sidewalks, fences, walls, etc., to a condition as good or better as
that which existed prior to pavement work or restoration.
(2)
Upon completion of the permanent repairs, both within the limits
of the pavement and outside the limits of the pavement, the permittee
shall notify the Superintendent of Public Works, in writing, that
the permanent repair or replacement has been completed, setting forth
the date of completion. The permittee shall, and has the duty and
responsibility to, maintain the replacement area for a period of one
year after completion. In any case, upon notice from the Superintendent
of Public Works within said one-year period, the permittee, at his
or her expense, shall immediately make such repair or replacement
and take such protective measures to the work as ordered by the Superintendent
of Public Works.
(3)
Correction by Village at expense of permittee. In any case where
the permittee does not timely and properly maintain, repair, or replace
any temporary or permanent replacement pavement or restore areas outside
the pavement as required, the Village shall draw upon the deposit
provided by the permittee to excavate and restore and perform such
maintenance or make said repairs or replacements or take such protective
measures. The cost thereof shall be charged to the permittee by the
Village and/or drawn from any and all monies deposited with the Village
by the permittee.
C.
Deposit required. Prior to the issuance of a permit, the applicant/permittee
shall deposit with the Village a sum of money in cash or certified
check sufficient to reimburse the Village for all expenses which may
be incurred by it in restoring the disturbed surface of the street
or other area opened. The amount of such deposit shall be computed
as follows:
(1)
Concrete, macadam, brick or other hard-surfaced road, sidewalk or
public area: $300 per square yard.
(2)
Gravel, dirt or other surface: $25 per square yard.
(3)
Concrete sidewalks: $15 per square foot (minimum $20 per square foot).
(4)
Blacktop sidewalks: $10 per square foot (minimum $20 per square foot).
(5)
Curbing: $25 per linear foot.
(6)
Limits beyond the pavement: to be determined by the Superintendent
of the Department of Public Works.
D.
Franchises. Any utility company holding a franchise in Village streets
may, at its option, pay to and maintain with the Village Clerk a blanket
deposit in the amount of $10,000 covering all street work performed
by the company on an ongoing basis in lieu of the deposits above specified.
Any such blanket deposit shall be subject to all of the provisions
of this section. If said deposit is drawn upon by the Village, said
deposit must be immediately replenished by the franchise.
E.
Refurbishment by the Village. In the event that such pavement, curbing
or flagging is not restored or replaced in accordance with the provisions
of this chapter, the Village shall do or cause to be done said restoration
or replacement at the expense of the permit holder, and the cost of
such work, including labor, materials and supervisory services, shall
be deducted from the amount of the deposit to be returned to the applicant.
The applicant shall pay to the Village any excess of such costs over
the amount of the deposit.
F.
Refund of deposit. On completion of the work and approval thereof
by the Superintendent of Public Works, but in no event sooner than
one year from completion, the holder of the permit may apply for a
return of such deposit or any remaining balance thereof.
[Amended 6-11-2019 by L.L. No. 1-2019]
A fee, in an amount set by the Board of Trustees to cover the
cost of the permit, shall accompany each application for a street
opening permit.
A.
Any public service corporation may be entitled to commence street
opening work of an emergency nature, provided that, if the office
of the Village of Dobbs Ferry is closed, the Police Department shall
be notified and application for such permit shall be made in the same
manner outlined herein before the close of business hours for the
first working day following the date of the emergency opening.
B.
Street openings for the sole purpose of making original installations
or connections will under no circumstances be classed as emergency
work.
C.
Each permit, or renewal thereof, shall expire 30 days following the issuance thereof and may be renewed upon written application to the Department of Public Works and payment of an additional fee in the amount prescribed in the section labeled "Fees" (Village Code § 265-3) and the submission of any additional monies required by this chapter.
A.
No permit shall be issued until the applicant has filed with the
Department of Public Works a certificate of insurance from a company
authorized to do business in the State of New York, certifying that
the applicant has in full force and effect public liability insurance
to indemnify and protect the Village against any loss, damage or injury
which might be incurred by reason of such street excavation or performance
of the work incidental thereto. Such certificates of insurance shall
state that the Village of Dobbs Ferry is an additional insured under
said policies and that the Village shall be notified of any intent
to cancel in any manner the policy referred to or of any change in
the terms of the policy or limits thereof. Limits of liability of
said insurance shall be not less than the following:
B.
Such insurance shall remain in force and effect and the operations covered thereunder shall not be deemed completed until at least 90 days after completion of the work hereinafter prescribed in the section labeled "Compliance required" of this chapter (Village Code § 265-6). Any permittee shall also prepare an agreement indemnifying and holding the Village harmless for any work performed on a Village street or right-of-way.
C.
A public service corporation electing to file and keep on file a
performance bond and indemnity agreement may file with the Department
of Public Works, in lieu of a certificate of insurance, a certificate
that such corporation is a self-insurer.
The owner(s) of the property benefited and the person, firm,
company or corporation executing the work shall comply with the following,
all at the cost of the permittee:
A.
Proper lighting, barricading, reflectors, signs and watchmen shall
be provided to the extent necessary to protect the public.
B.
Gutters shall be kept clear so that the free flow of water is permitted.
C.
All work under the permit shall be pursued diligently and continuously
until completed.
D.
Not more than 1/2 of the paved width of any street shall be closed
to traffic at one time.
E.
The size of the opening shall not exceed that for which the permit
was issued without first amending the permit as issued.
F.
After backfilling openings which have been sheathed, the sheathing
shall be left in place and cut down one foot below grade.
G.
No tunneling or undercutting is permitted.
H.
Openings shall be carefully backfilled with K-Krete® deposited
in four-inch layers and tamped. Frozen earth or stones over six inches
shall not be used in backfill. All shall be left in a condition safe
for travel by the public without hazard. It shall be the responsibility
of the applicant to maintain the proper amount of backfilling openings
for a period of 90 days after completion of the original backfillings.
I.
Pavement shall be restored or rebuilt to a permanent condition.
J.
All work done under the permit is subject to the inspection and approval
of such persons as the Board of Trustees may, from time to time, notify
in the Department of Public Works when all work prescribed herein
is completed, and thereafter a final inspection shall be conducted
by a person designated by the Board of Trustees.
K.
Maintenance and protection of traffic.
The street-opening work and the final restoration shall be performed
in accordance with specifications approved by the Superintendent of
Public Works, which shall include the following minimum specifications:
A.
The trench shall be filled with K-Krete® when beneath the paved
portion of the street.
B.
If a new patch occurs where there is an existing patch, the entire
existing patch shall be removed and replaced.
C.
If the patch falls within 18 inches of the curb or pavement edge,
the patch shall extend to the curb or pavement edge.
D.
The final patch shall have a crown.
E.
No digging shall start on a Saturday, Sunday or holiday, except in
an emergency.
F.
Concrete. If the street is concrete, the patch shall be concrete.
The concrete shall be saw-cut to establish a clean, smooth surface.
The existing concrete shall be drilled and doweled to a twelve-inch
depth, and the dowel shall be two feet on center. The seam between
the new and existing concrete shall be tack-coated with tar.
G.
Asphalt. If the street is asphalt, the patch shall be asphalt. The
existing asphalt shall be saw-cut to a depth of two inches and shall
be 12 inches wider than the trench. 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 asphalt cut tack-coated shall be sealed with
tar.
H.
If a project shall disturb more than 50% of the road width, the entire
road width shall be resurfaced.
I.
All work shall be performed in a good and workmanlike manner, satisfactory
to the Superintendent of Public Works.
J.
All street openings and work areas shall be provided with warning
signs, barricades and lighting as necessary for public safety and
in conformance with the applicable provisions of the State of New
York Department of Transportation Manual of Uniform Traffic Control
Devices.
K.
All street openings and work areas shall be provided with warning
signs, barricades and lighting as necessary for public safety and
in conformance with the applicable provisions of the State of New
York Department of Transportation Manual of Uniform Traffic Devices.
If an applicant fails to comply with any of the provisions of
this chapter and the Village backfills or restores the pavement to
a permanent condition, the permittee shall pay for the cost of such
work. In the case of a public service corporation which has elected
to file and keep on file a bond and indemnity agreement pursuant to
the section labeled "Deposit required,"[1] the cost of such work shall be paid directly by the corporation
and, if not so paid, shall be collected under the deposit.
Any person committing an offense against any provision of this
chapter article shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
