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:
(1) 
For permit.
(2) 
For restoration.
(3) 
Inspection.
B. 
In the cases of openings in macadam or similarly paved roadways:
(1) 
For permit.
(2) 
For restoration.
(3) 
Inspection.
C. 
In the cases of openings in concrete roadways or roadways with a concrete base:
(1) 
For permit.
(2) 
For restoration.
(3) 
Inspection.
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.