[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.]
[Amended 7-12-2022 by L.L. No. 5-2022]
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 any fees 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
or otherwise made available immediately for inspection upon request
by any police officer, other officer or employee of the Village and
any resident of the Village.
C.
All applications for permits shall be made in writing in form and
substance as required by the Village and, at a minimum, 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 and written authorization
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 telephone numbers of every officer, partner
and managing agent of every party interested in said property or said
street opening.
(7)
A sketch
showing the location dimensions and character of the opening shall
accompany the application.
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.
A complete application meeting all requirements of this chapter must
be filed for receipt by the Department of Public Works no less than
24 hours prior to the proposed commencement of the proposed work.
[Amended 7-12-2022 by L.L. No. 5-2022]
A.
Restoration
plans. A restoration plan may be required for preapproval by the Village
in the reasonable discretion of the Superintendent of Public Works
based upon the proposed project and extent of restoration. Segmenting
the restoration of roadways in a noncontiguous manner is prohibited
except as maybe approved by the Superintendant of Public Works.
B.
Methods.
(1)
All excavations, including temporary and permanent restoration 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,
or, in the discretion of the Superintendant of Public Works, by the
Village at the expense of the permittee. 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.
(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.
C.
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.
D.
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 in accordance with the fees fixed, imposed and revised by the Board of Trustees in accordance with Chapter 175 and included in the master Fee Schedule as maintained by the Village Clerk.
E.
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.
F.
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.
G.
Refund of deposit upon request. On completion of the work and approval
thereof by the Superintendent of Public Works, but in no event sooner
than one year from completion as determined by the Department of Public
Works, the holder of the permit must request and provide instructions
for the return of such deposit or any remaining balance thereof.
[Amended 6-11-2019 by L.L. No. 1-2019; 7-12-2022 by L.L. No. 5-2022]
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. The amount of such fee shall be fixed, imposed and revised by the Board of Trustees in accordance with Chapter 175 and included in the master Fee Schedule as maintained by the Village Clerk.
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. Any permittee
shall also agree to and provide an agreement indemnifying and holding
the Village harmless for any work performed on a Village street or
right-of-way.
[Amended 7-12-2022 by L.L. No. 5-2022]
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®, or an equivalent
product as preapproved by the Department of Public Works, 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.
[Amended 7-12-2022 by L.L. No. 5-2022]
I.
Pavement shall be restored or rebuilt to a permanent condition in
accordance with this chapter.
[Amended 7-12-2022 by L.L. No. 5-2022]
J.
All work done under the permit is subject to inspection during all
phases of the work and final approval by a qualified inspector as
authorized and assigned by the Village.
[Amended 7-12-2022 by L.L. No. 5-2022]
K.
Maintenance and protection of traffic.
[Amended 7-12-2022 by L.L. No. 5-2022]
The street-opening work and the final restoration shall be performed
in accordance with specifications approved by the Superintendent of
Public Works, including, but not limited to, the following minimum
specifications:
A.
The trench shall be filled with K-Krete®, or an equivalent product
as preapproved by the Department of Public Works, 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 that complies with appropriate
standards.
E.
No digging shall be permitted on a Saturday, Sunday or holiday, except
in an emergency, or as may be preapproved by the Department of Public
Works.
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.
(1)
Work
in roadways paved more than five years' prior. Single service or excavation
only disturbing one lane shall be paved a minimum of 10 feet from
the edge of the trench in each direction of the road and from the
curb, or edge of road, to the center line of the roadway. Multiple
services or excavations in one lane that are needed within 60 feet
of each other, the restoration required shall extend 10 feet outside
the far excavations and from the curb, or edge of road, to the center
line of the roadway. Services or excavations that disturb both lanes,
or extend over 50 feet in one lane, shall be paved a minimum of 10
feet outside the excavation on each side, and from curb to curb, or
edge of road to edge of road.
(2)
Work
in roadways paved within previous five years. Single or multiple services,
or excavations within 60 feet of each other, shall be paved a minimum
of 10 feet outside the excavation on each side, and from curb to curb,
or edge of road to edge of road.
H.
Notwithstanding the restoration requirements as set forth in Ch. 265 above, in every situation where a project shall disturb more than 50% of the road width, the entire road width shall be resurfaced.
I.
All aspects
of the work shall be performed in a good and workmanlike manner, satisfactory
to the Superintendent of Public Works and in compliance with all applicable
laws and regulations, including safety in the workplace.
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 laws and regulations,
including the State of New York Department of Transportation Manual
of Uniform Traffic Control 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.
