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 from all loss, damage, cost
and liability whatever which the City may sustain or incur by reason
of any accident 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.
Street removals shall have no horizontal dimension less than
three feet. For sidewalks removals, the full sidewalk panel shall
be removed and replaced.
In order to preserve and protect the historic and aesthetic
integrity of the City's infrastructure, the permittee will replace
any excavated street with the same paving materials removed. Sidewalks
shall be replaced with concrete under all circumstances. In the event
it is necessary to place a temporary surface on any opening, the temporary
surface shall be composed of hot mix asphalt or cold mix paving material.
Gravel and flexbase surface material shall not be used unless the
preexisting surface was gravel or flexbase. No less than the area
from the curb to the middle of the street along the entire length
of the opening shall be replaced. The length of the restoration will
be determined by the Director of Building and Planning after consultation
with the Commissioner of Public Works for any project with multiple
street openings on the same street, and such determination shall be
made known to the permit applicant prior to the issuance of a permit.
No street or sidewalk opening as authorized herein shall be
closed without and until an inspection by the Commissioner of Public
Works or their designee. The closing and repaving shall thereafter
be performed in a manner satisfactory to the Commissioner of Public
Works and Director of Building and Planning and in accordance with
their specifications.
All damaged trees, shrubs and ground covers shall be restored
or replaced, and any ground cover shall be fertilized and watered
until reestablished.
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, or within a public right-of-way in the
City of Cohoes 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 Building and Planning, 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 Director of
Building and Planning may issue a permit to open a street or sidewalk
within such five-year period upon a finding of necessity therefor,
subject to such conditions as the Director may establish after consultation
with the City Planner, City Engineer, and Commissioner of Public Works,
which shall include appropriate guarantees against the deterioration
of the restored pavement. In such case, the street pavement shall
be replaced from curb to curb along the entire length of the opening
for street openings and the full damaged sidewalk panel shall be replaced
for sidewalk openings.
The Director of Building and Planning is hereby authorized to
promulgate additional rules, regulations and specifications necessary
to supplement and effectuate the purpose and intent of this article.
Violations of any of the provisions of this article shall be
punishable by a fine which shall not be less than $500 nor exceed
$1,000.