No person shall open or cause to be opened the surface pavement
or soil in any portion of the public right-of-way, public easement,
park or other public place, without first securing a written permit
from the Town of Cortlandt Department of Environmental Services. No
work shall be performed in the Town of Cortlandt between November
1 and April 30 except in cases of emergencies. Prior to the issuance
of a permit, the applicant shall pay the fees and deposits fixed by
resolution of the Town Board.
In the case of openings for sewers, drains, water, gas, telephone
or other public utility purposes, the applicant for the permit is
responsible for the temporary repair of the opening within the public
right-of-way, public easement, park or other public place and must
pay the fees and deposits fixed by resolution of the Town Board. Any
work done on any portion of a roadway shall require repaving in conformance
with the Town of Cortlandt's Minimum Pavement Restoration Limits
guidelines. In such case, the Director of the Town of Cortlandt Department
of Environmental Services, in his or her discretion, at the time of
issuing the permit, may authorize the applicant for the permit to
do all the work required for permanent restoration of any opening
within said public right-of-way, public easement, park or other public
place and pay the fees and deposits fixed by resolution of the Town
Board. In the event that the Town of Cortlandt Department of Environmental
Services does not authorize the applicant for such permit to do any
of the work required for the permanent restoration of the opening
within the public right-of-way, public easement, park or other public
place, the regular fees fixed by resolution of the Town Board for
this purpose shall still apply. Prior to the issuance of any permits,
a performance bond shall be provided to the Town. The performance
bond shall equal the price to fully repave all impacted surfaces.
This includes an entire roadway. The use of construction demolition
debris is strictly prohibited. Recycled material shall not be permitted
or used in the backfilling of any water or sanitary sewer trench.
In case two or more adjacent or neighboring openings are made
at one time, the Town of Cortlandt Department of Environmental Services
may allow the same under one permit, charging therefore only one fee
for issuing the permit but separate fees for the restoration and inspections.
Whenever a concrete slab is cut or broken while excavating for
work, the area to be replaced shall include a full slab unless otherwise
approved in writing by the Town of Cortlandt.
Any curbing removed by any person shall be reset or replaced.
Any person failing to restore curbing to its original condition shall
be required to pay an additional fee as fixed by resolution of the
Town Board. All newly constructed or substantially improved homes
shall be required to install, replace or reset curbing (in kind) along
the edge of pavement adjacent to the entire property as directed by
the Town of Cortlandt Department of Environmental Services.
In the case of openings made in macadam or concrete sidewalks,
a fee as fixed by resolution of the Town Board in addition to any
other required fee shall apply.
In no case shall permits be granted to anyone other than a public
service corporation for more than five openings to be made simultaneously
for the area being permitted.
The following fees and deposits for restoration shall be fixed
by resolution of the Town Board pursuant to this section:
A. In the cases of openings in cinder or dirt roadways:
B. In the cases of openings in macadam or similarly paved roadways:
C. In the cases of openings in concrete roadways or roadways with a
concrete base:
D. In case openings exceeding four square yards in area are made in
the traveled or paved portion of roadways, additional fees for repairs
shall be paid for areas in excess of four square yards, at a rate
fixed by resolution of the Town Board:
(1) In cinder or dirt roadways.
(2) In macadam or similarly paved roadways.
(3) In concrete roadways or roadways with a concrete base.
E. In the case of openings in macadam sidewalks.
F. In the case of openings in concrete sidewalks.
G. For failure to restore curbing to its original condition.
H. In the case of connections made to the Town sanitary sewer system.
I. In the case of connections made to the Town storm sewer system.
For street openings, sidewalk openings or any excavation in
a public place totaling 500 square feet or less, no permit shall be
issued for any such opening until the person desiring to make such
opening or the person for whom it is to be made shall furnish to the
Town insurance, evidenced by a certificate of insurance naming the
Town as additional insured, in form satisfactory to the Town Attorney,
with limits of not less than $1,000,000 for any one person and not
less than $3,000,000 in the aggregate for personal injury, and not
less than $1,000,000 for any one accident and $3,000,000 in the aggregate
for property damage, insuring the Town, its officers, employees and
agents against any liability for personal injury or property damage,
directly or indirectly resulting from or arising out of the granting
of any such permit or any such opening or the method and manner of
doing any work permitted or required by any such permit or under this
article or any negligent act or omission in connection therewith on
the part of the permittee, his employees or agents, provided that
a public service corporation may, at its option, file an undertaking,
in form satisfactory to the Town Attorney, to indemnify and save harmless
the Town, its officers, employees and agents from any such liability,
covering all openings made by it. The insurance limits can be lessened
if warranted in the discretion of the Director of the Department of
Environmental Services, the Director of the Department of Technical
Services, or the Town Attorney.
The person to whom the permit is issued shall see that the requirements
contained in this article are observed.
A. Any excavation, other than for paving, within the right-of-way, where
existing underground utilities exist, shall be made by hand and not
by power-driven equipment, unless by special permission and oversight
of the Town of Cortlandt Department of Environmental Services.
B. All excavations shall be by open cut, unless by special permission
of the Town of Cortlandt Department of Environmental Services.
C. All trenches within the Town right-of-way shall be backfilled using
excavated soil, if acceptable compaction of 95% of the maximum density
can be achieved. This shall be installed and compacted in layers not
to exceed 10 inches in depth. If the soil is not acceptable, the compaction
of 95% cannot be achieved, then a controlled low-strength material,
K-Crete 50 or NYSDOT (Item 304.14) Item-4, shall be substituted and
compacted in layers not to exceed 10 inches in depth.
D. All work done under any permit issued hereunder, whether directly
by the permittee or by others to whom the work is contracted shall
conform to the requirements of the Town of Cortlandt Department of
Environmental Services and shall be under full supervision of the
permittee, who shall be solely responsible for the completed work.
E. If road plates are to be used for temporary closing of a trench they
shall be recessed and pinned in accordance with the provided "Town
of Cortlandt Road Plate Requirements" document provided with the permit.
No road plates shall be left in place for more than 24 hours, and
at no time shall a trench excavation length exceed two pipe lengths
before the temporary or permanent repair is completed.
F. The Town of Cortlandt reserves the right to hire a third-party inspection
service/inspector to oversee the opening and restoration of any work
performed in the public right-of-way, public easement, park or other
public place. All fees associated with this service shall be paid
by the applicant prior to the issuance of any permit by the Town of
Cortlandt Department of Environmental Services. This shall be determined
by the Town of Cortlandt at the time of the application for such permit.
G. At the request of the Town of Cortlandt Department of Environmental
Services, the applicant must supply a detailed maintenance and protection
of traffic (MPT) plan, as per New York State DOT standards, showing
the area of proposed work, all signage to be installed, detour routes,
location of traffic control personnel, proposed lane closures, or
any other requirement specified by the Town of Cortlandt Department
of Environmental Services. The use of the appropriate police agency
may be required for additional traffic control. The expense for such
personnel usage shall be paid by the applicant. After the Town of
Cortlandt Department of Environmental Services approves the MPT plan,
the applicant must submit the approved MPT plan to all Town emergency
service agencies.
The permittee is responsible for the temporary repair of the
trench. Temporary trench repair is to consist of two inches of asphalt
concrete placed on top of the K-Crete backfill and level with the
existing road surface.
The Town of Cortlandt Department of Environmental Services may
prescribe the time when the work shall be done and the length of time
that any trench or other excavation may remain open. The Director
or his or her representative may cause any such trench or opening
to be filled up or closed at the expense of the person to whom the
permit is issued in case of noncompliance with the terms of such permit
or other conditions prescribed at any time by the Town of Cortlandt
Department of Environmental Services.
Temporary trenches shall be widened a minimum of one foot beyond
the original cut or any crack developed from the adjacent pavement
settling because of the excavation. Asphalt thickness and materials
shall conform to the standard construction details maintained by the
Town of Cortlandt Department of Environmental Services. All final
pavement restoration limits shall follow the guidelines depicted in
the Minimum Pavement Restoration Limits diagram as adopted by the
Town Board, and amended from time to time. The Minimum Pavement Restoration
Limits diagram shall be maintained by the Town of Cortlandt Department
of Environmental Services. The edges of all trenches shall receive
a liberal application of asphaltic emulsion to seal edges.
The person to whom the permit is issued shall maintain sufficient
guards, barricades, lights or watchmen to protect persons and property
against injury and damage by reason of any such opening.