[Amended 5-16-2023 by L.L. No. 4-2023]
No person, firm, company or corporation shall make or cause to be made any opening or excavation by cutting, digging, tunneling or otherwise in or under any street, highway, sidewalk, right-of-way, or public place, whether paved or otherwise, within the Village of Briarcliff Manor, for any purpose whatsoever, except upon compliance with the provisions of this article and the obtaining of a permit to be issued by the Village and the payment of all fees and deposits required as provided herein.
A. 
Application for a permit under this article shall be made to the Superintendent of Public Works in writing, on a form acceptable to the Village, and shall contain the following information:
(1) 
The full name, address, phone number, and email address of the applicant.
(2) 
The full name, address, phone number, and email address of the owner or owners of the property in front of which the operation is to be performed.
(3) 
The location by street address and/or tax lot of the property or properties in front of which the operation is to be performed.
(4) 
A statement of the proposed scope of operation, including the location and duration of any street or sidewalk closures or anticipated disruptions to vehicle or pedestrian traffic.
(5) 
The date or dates when the proposed operation is to be commenced, all proposed work hours, and the date or dates when the operation is to be completed. Any request for work during weekends, holidays, or nonstandard working hours shall be highlighted by the applicant.
(6) 
The type of street or sidewalk surface material to be disturbed.
(7) 
A sketch of the proposed operation with dimensions.
(8) 
The estimated maximum square footage and/or cubic yardage to be excavated, removed, regraded, and filled, for any roadway, shoulder, sidewalk or right-of-way. Any anticipated rock excavation shall also be noted.
(9) 
A roadway restoration and rehabilitation plan, consistent with Village specifications and § 186-8 herein.
(10) 
Any additional information which may be reasonably required by the Superintendent of Public Works.
(11) 
A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted, in full and strict compliance and in accordance with the conditions of the permit, if issued, and any and all applicable laws, provisions, statutes, and regulations of the Village of Briarcliff Manor, the Department of Public Works, and all relevant state and federal agencies.
B. 
Upon receipt of the application, and any additional clarifying information, as herein provided for in Subsection A hereof, the Superintendent of Public Works shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other applicable laws, provisions, statutes, and regulations of the Village of Briarcliff Manor and its Public Works Department. Such permit, when issued, shall be effective for such period of time not to exceed four calendar months from the date of issuance. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for subsequent periods if authorized by said Superintendent of Public Works, or by a resolution of the Village Board of Trustees. Any extension to the expiration date of a permit shall require payment of an additional permit fee and will be effective as of the day following the expiration of the original permit. Fees for any issued permit or extension thereto shall not be prorated or otherwise refunded for work completed prior to the expiration of the permit or any extension.
C. 
Permits granted pursuant to this section shall be issued for up to 300 contiguous feet of frontage abutting a Village right-of-way, such that an additional permit or permits shall be required for any distance in excess of the initial 300 feet and for every 300 feet thereafter. A proposed project encompassing 900 feet along a Village right-of-way, for example, shall require the approval of three street opening permits, and any fees related thereto.
A. 
No permit for an operation shall be issued by the Superintendent of Public Works until the applicant has first paid all required fees and deposits due hereunder to the Superintendent of Public Works, payable to the order of the Village of Briarcliff Manor, in a manner consistent with then-current Village policy:
(1) 
Each applicant shall pay a nonrefundable fee to the Village, as set forth in the Master Fee Schedule adopted by a resolution of the Board of Trustees and as may be amended from time to time, to cover the cost of issuing the permit and the supervision and the inspection of the operation done in connection therewith.
(2) 
A security deposit, in an amount to be determined by the Superintendent of Public Works, or his designee, shall be required for each and every project requiring a street opening permit. Such fee shall be expressed as a dollar amount per square foot of any projected disturbance to a public street or right-of-way and shall be determined by a resolution of the Board of Trustees and published in the Master Fee Schedule, as may be amended from time to time. The collected deposit shall be retained by the Village for the duration of the period of maintenance as herein defined. The "period of maintenance" shall be considered as a period of 60 days after the date of final completion of the work, as determined by the Superintendent of Public Works, and fulfillment of all terms of the permit; except, however, that in the event that the termination of said sixty-day period shall fall within the months of December, January, February, March or April, then, and in that event, the period of maintenance shall be considered as extending to the first day of May next ensuing; and the permittee shall be responsible for the entire operation and shall keep every portion of the same in good order and repair during the entire period of maintenance. Security deposits that remain unclaimed 12 months after the final completion date, and after a reasonable attempt by the Village to notify the permitee in writing, shall become the property of the Village of Briarcliff Manor.
B. 
Public utility companies, or any other contractor making six applications or more per year and approved by a resolution of the Board of Trustees, may, in lieu of the deposit hereinafter mentioned, deposit with the Village of Briarcliff Manor its bond or a surety company bond, to be renewed each year, in form, manner of execution and sufficiency as approved by the Board of Trustees. Any such performance or surety bond shall be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be performed, including restoration of any excavated or disturbed roadway, and shall be in an amount determined by the Superintendent of Public Works, but in no case shall the face amount of the bond be less than $25,000, or such amount as may be determined by a resolution of the Board of Trustees, as may be amended from time to time.
C. 
Any city, village, town, public improvement district or other municipality may, in lieu of making the cash deposit hereinafter mentioned, file with the Superintendent of Public Works a certified copy of a resolution duly adopted by the governing board of such municipality guaranteeing the faithful performance by said municipality of all the terms, agreements, covenants and conditions as set forth in the permit. Such resolution shall be effective for the remainder of the calendar year in which it is adopted, or for specific projects addressed by such resolution if such projects span multiple calendar years.
D. 
Upon the failure of or default by the permittee, any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done, to be performed or to be completed, said deposit may be used by the Village for any expense incurred by the Village by reason of such failure or default on the part of the permittee, and any balance left, after the expense caused by such failure or default, as determined and certified by the Superintendent of Public Works, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee if claimed within 12 months of the final completion date.
Any authorized and qualified person, firm, corporation, municipality, or public utility shall be entitled to commence any street opening in the event of an emergency that endangers the public health, safety or welfare to make an unforeseen repair to any sewer, water pipe, gas component, electrical system, conduit, or other underground facility providing essential services to one or more residents, businesses, or municipalities; provided, however, that if the Department of Public Works is closed, the Briarcliff Manor Police Department shall be notified, and application and fee payments for such permit shall be made as herein provided before the close of business hours of the first working day following the date of the emergency opening. Street openings for the sole purpose of new installations or connections, or nonemergency or schedulable repairs, shall not be considered as emergency work for the purpose of this article. In no case shall any excavation take place prior to completion of an underground utility markout by all impacted utilities.
Except in the case of an emergency repair, no operation authorized under this article shall be permitted at any time on any Saturday, Sunday, or federal holiday, or before 8:00 a.m. or after 6:00 p.m. on other days, without the prior written permission of the Superintendent of Public Works. The Superintendent of Public Works or the Board of Trustees may vary or modify the application of this provision to facilitate the completion of work while minimizing inconvenience or disturbance to Village residents or businesses.
A. 
Amount. No permit under this article shall be issued by the Superintendent of Public Works until the applicant shall have first placed on file with said Superintendent of Public Works, without cost to the Village, satisfactory evidence of the following types of coverage and limits of liability:
(1) 
Commercial general liability (CGL) coverage with limits of insurance of not less than $1,000,000 each occurrence and $2,000,000 annual aggregate.
(a) 
If the CGL coverage contains a general aggregate limit, such general aggregate shall apply separately to each project.
(b) 
CGL coverage shall be written on an Acord 25 form or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products/completed operations, personal and advertising injury and blanket contractual, including injury and to subcontractors' employees.
(c) 
The Village of Briarcliff Manor and its agents, officers, directors and employees shall be included as additional insureds on the CGL coverage as evidenced by providing proof of acceptable insurance to the Village that provides equivalent or broader coverage to the Village of Briarcliff Manor, its agents, officers, directors and employees.
(d) 
The applicant and/or contractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain completed operations coverage for itself and each additional insured for at least two months after the period of maintenance.
(2) 
Workers' compensation and employers' liability: employers' liability insurance limits per statutory requirements.
(3) 
The applicant shall not sublet any part of his work without assuming full responsibility for requiring similar insurance from his subcontractors and shall submit satisfactory evidence to that effect to the Village of Briarcliff Manor prior to any subcontractor commencing such work. Each such insurance policy, except the workers' compensation policy, shall include the Village of Briarcliff Manor and its agents, officers, directors and employees as additional insureds.
(4) 
Certificates shall provide that 30 days' written notice prior to cancellation be given to the Village of Briarcliff Manor. Policies that lapse and/or expire during the term of occupancy shall be recertified and received by the Village of Briarcliff Manor no fewer than 30 days' prior to cancellation or renewal.
(5) 
Indemnification and hold harmless.
(a) 
To the fullest extent permitted by law, the applicant and/or contractor will indemnify and hold harmless the Village of Briarcliff Manor, its officers, representatives, agents and employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including reasonable legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner from injury and/or death of a person or damage to or loss of any property resulting from the acts, omissions, breach or default of the applicant and/or contractor, its officers, directors, agents, employees and subcontractors, in connection with the performance of any work by or for the applicant and/or contactor pursuant to any contract, purchase order and/or related proceed order. The applicant and/or contractor will defend and bear all costs of defending any actions or proceedings brought against the Village of Briarcliff Manor, its officers, representatives, agents and employees arising in any employee of the applicant and/or contractor and shall not be limited in any way by an amount or type of damage, compensations, or benefits payable under any applicable workers' compensation, disability benefits or other similar employees' benefit act.
(b) 
The applicant and/or contractor shall expressly permit the Village of Briarcliff Manor to pursue and assert claims against the applicant and/or contractor for indemnity, contribution and common law negligence arising out of claims for damages for death and personal injury.
B. 
Duration. Such insurance hereinabove referred to shall remain in force throughout the effective period of the permit and/or any authorized extension or extensions thereof, and for a period no less than 30 days thereafter, and shall carry an endorsement to the effect that the insurance company will give at least 10 days' prior written notice to the Village of Briarcliff Manor of any modification or cancellation of any such insurance and shall contain a clause to the effect that termination of said insurance shall be without prejudice to the right of the Village of Briarcliff Manor to make claim or claims thereafter for any loss or damage sustained as a result of any act or acts committed or omitted during the term of said insurance.
A. 
No work granted by a permit herein shall commence prior to an on-site preconstruction meeting with the Superintendent of Public Works, or his designee, to i) identify the location of any infrastructure in the area of disturbance, including utilities, drainage systems, water mains, or other Village-owned or public utility facilities, and ii) ensure each such facility shall remain unimpacted throughout the project. All underground utilities must be identified as per NYS Code Rule 753 prior to any disturbance of a public street or right-of-way. The Village may suspend or terminate any permit issued hereunder which violates any requirement of this § 186-7.
B. 
Existing facilities. No work shall be commenced in connection with an operation for which a permit has been granted under the provisions of this article until 24 hours after the permittee has given written notice of the issuance of such a permit to the owner or lessee of any pipes, conduits or other facilities lying upon, over, under, or adjacent to the surface of the area wherein the operation is to be performed pursuant to the permit issued hereunder or to the person, firm or corporation having the custody, control, care or maintenance of said pipes, conduits or other facilities, and said permittee shall file with the Superintendent of Public Works proof of the service of said written notice. The permittee shall at all times during the performance of the work, at his own expense, preserve, support, maintain in operation and protect and safeguard from injury or damage such pipes, conduits or other structures, utilities, or facilities, and in case of injury or damage, shall restore the same, at his own cost and expense, to the same condition as they were prior to the commencement of the work on said operation, and in the event of the failure of the permittee to comply with the provisions of this section, such injuries and damages may be corrected and repaired by the owner thereof, his agents or employees, and the cost thereof and all damages sustained shall be paid by the permittee.
C. 
Village facilities. No work permit shall be granted for the relocation or replacement of any existing infrastructure or installation of new underground facilities to be sited in conflict with any Village-owned or Village-maintained underground pipe, conduit, or facility supplying water, sewer, electric, or any other utility services within the Village of Briarcliff Manor. For the purpose of this section, the crossing of an existing facility with a newly installed or relocated facility that meets the minimum clearance required by law and acceptable to the Superintendent of Public Works shall not be considered to create a conflict. A detailed set of plans showing the location of all existing and proposed facilities shall be submitted to the Village for review and approved by the Superintendent of Public Works. Any new or replaced facilities shall be located so as not to conflict with the operation, maintenance, or future repair of any Village-owned facilities. In the event no practical alternative location exists for relocated or newly installed underground facilities that may interfere with existing utilities, the applicant shall: i) submit a plan, requiring a resolution of approval by the Village Board of Trustees in consultation with the Superintendent of Public Works and the Village Engineer, for the relocation of existing Village-owned or Village-maintained facilities, within a time schedule acceptable to the Village, and at a cost to be borne solely by the applicant; or ii) provide a payment, as determined by the Village, for the cost and expense of the Village relocating, or abandoning and reinstalling, the Village facilities; or iii) make such alternate payment or accommodation as approved by a resolution of the Village Board of Trustees.
D. 
Abandoned facilities. Any applicant planning to abandon any existing facility in place, performing work that exposes abandoned facilities last owned by applicant, or performing work within six feet of previously abandoned facilities last owned by applicant, shall notify the Superintendent of Public Works in writing while applying for a road opening permit, or within one business day of discovering such previously abandoned facilities. Such abandoned underground installations within the Village right-of-way shall be removed by the applicant, at the applicant's sole cost and expense, before the expiration of any issued permit or a reasonable extension thereof approved by the Superintendent of Public Works. If the applicant shall fail to remove the abandoned facility prior to the expiration of such permit, as extended, the Village of Briarcliff Manor may cause the removal of such facility, and any expenses incurred by the Village arising from such removal shall be reimbursed by the applicant. In lieu of the removal of abandoned facilities, the Village may permit the abandoned facilities to remain in place, provided a fee shall be paid to the Village by said public utility. Such fee shall be expressed as a dollar amount per linear foot of any facility abandoned in place and shall be determined by a resolution of the Board of Trustees and published in the Master Fee Schedule and may be amended from time to time. Any applicant who abandons an existing facility must provide the Village updated surveys, GIS mappings, drawings, or other such documentation in a format satisfactory to the Superintendent of Public Works memorializing the underground locations of any such abandoned facility.
E. 
Relocation of existing facilities. Pursuant to the powers granted by Article IX, § 2, of the Constitution of the State of New York, and the Municipal Home Rule of the State of New York, the Village may demand, upon written notice and at the sole cost and expense of the public utility, the relocation or removal of a public utility's facilities to protect the public health, safety or convenience of the Village and its residents. Any failure of the public utility to relocate or remove such facility within one month, or other such time as determined by the Supervisor of Public Works, shall be a violation of this chapter. This subsection shall in no way limit the Village's additional rights that may exist according to current or future law.
A. 
All roadway restoration shall be completed with such materials, and in a professional manner, consistent with Village specifications as determined by the Superintendent of Public Works and the Village Engineer.
B. 
On Village roadways that have been paved within the last five years, pavement restoration shall consist of a minimum of one full lane and extend a minimum of 10 feet beyond the start and end of any road disturbance, and from the edge of the paved roadway through the center line, or as additionally directed by the Superintendent of Public Works.
C. 
All restoration of sidewalks and roadways shall be as per Village specifications. Full lane restoration shall be required for all roadway patches, including trenches and test pits, and shall include restoration from the curbline or edge of road through the center line of the roadway for a length covering two feet beyond all areas of excavation or disturbance.
D. 
Patches extending into both sides of roadway; disturbance of pavement markings.
(1) 
If the patch, trench, or disturbance extends into both sides of the roadway through the center line, the restoration shall be full width (both lanes) of the roadway for a length covering two feet beyond all areas of excavation or disturbance. If such restoration results in any roadway patch within eight feet from any other existing or newly created patch, the patches shall be combined into a single patch.
(2) 
Any roadway restoration that obscures or otherwise disturbs pavement markings, including but not limited to stop lines, crosswalks, lane markings, or shoulder striping, shall require the repainting or repair of such markings, as per Village specifications.
E. 
Plates.
(1) 
Any road plate placed on a roadway within the Village shall have nonskid coating and be marked to identify the responsible contractor's name and twenty-four-hour contact number. All plates shall be ramped and pinned to prevent plates from moving and rattling, and bridging shall be used where necessary to prevent any noise from passing vehicles.
(2) 
Any inadequately ramped or recessed plate, including any that sit below grade resulting in the plate banging, or that lift and drop with passing traffic, or that otherwise create a hazard to traffic or disruption to surrounding property owners, shall be removed by the permit holder, and the open street or trench shall be backfilled and paved to be even with the roadway as determined by the sole judgment of the Superintendent of the DPW. Such repairs shall take place within 48 hours after notification from the Superintendent of Public Works or the Village Engineer.
F. 
All final roadway restoration shall be completed as soon as practicable, approximately six weeks after completion of repair, installation, or connection. Such restoration may be delayed for a period of no more than three months if combined with other road restoration work to be performed by the permit holder within the Village boundaries. If the applicant fails to cure an incomplete or defective restoration within these deadlines, the Village may, 30 days after notification to the permit holder, undertake or direct a third party to undertake such restoration and apply any deposit secured toward the costs of such restoration. Any unreimbursed expenses of such restoration and any expenses incurred toward the collection thereof shall be due from and payable by the permit holder within 30 days thereafter.
G. 
The Superintendent of Public Works may develop and promulgate any other operational requirements to enhance safety, or to limit disturbance to pedestrians and traffic, and ensure the welfare of the public.
A. 
Any concrete slab that is cut or broken shall be replaced in its entirety.
B. 
Any curbing removed as a result of work performed under a permit authorized herein shall be reset or replaced. Any person failing to restore curbing to its original condition shall forfeit a portion of, or the entirety of, the deposit submitted. Any person constructing a new or substantially improved home may be required to install, replace or reset curbing along the edge of pavement adjacent to the entire property, as directed by the Building Department.
Unless otherwise authorized by the Superintendent of Public Works, traffic shall be maintained at all times during the progress of the operation being performed under the permit, and the permittee shall have due regard for the safety of all traffic and the public and shall:
A. 
Erect and maintain suitable barricades, fences and/or guardrails around the area of operation during the work on said operation and shall arrange the same in such a manner as to cause a minimum of inconvenience, hazard and delay to any and all traffic.
B. 
Suitably place, install and maintain adequate warning flags or signs and lighted red lamps or flares.
C. 
Provide a watchman or inspector, if deemed necessary by the Superintendent of Public Works, in accordance with his directions and instructions, at the sole cost and expense of the permittee.
D. 
Designate and furnish competent and trained personnel, in numbers deemed sufficient by the Superintendent of Public Works, to direct and expedite traffic, by means of lights or flags, to minimize inconvenience, hazard and delay to any and all traffic.
E. 
Arrange and conduct the work in connection with said operation so as to make possible the removal completely of any obstructions to any and all traffic on Saturdays, Sundays and holidays, if so required by the Superintendent of Public Works.
A. 
Except in the case of an emergency repair, all incomplete operations authorized under this article shall be suspended every year from December 1 through March 31 or while Village-wide overnight parking is otherwise restricted (the "winter moratorium"). The Superintendent of Public Works may allow nonemergency work to continue for a limited time period during the winter moratorium if, in his sole discretion, he determines that the remaining work will be completed during such additional time. All previously issued and unexpired permits shall be suspended during the winter moratorium and shall resume on April 1 of the following year. Any authorized and incomplete work shall then be allowed to continue for the number of days authorized under such suspended permit less the number of days that had elapsed from the date of its issuance to the effective date of the winter moratorium.
B. 
During the winter moratorium, any road plate in use shall be recessed flush with the surrounding roadway. The permittee shall be responsible, until the end of the period of maintenance, to maintain any temporary or permanent restoration, and shall, within 24 hours of notice from the Village, patch any potholes or other defects that have developed.
C. 
To ensure a recessed plate stays to grade, the permit holder must excavate deeper than the actual depth of the plate. A leveling course of hot mix asphalt ("HMA"), or other such material approved by the Superintendent of Public Works, shall be installed to bring the plate back up to grade. All steel plates installed must have a minimum of an eighteen-inch overlap of the excavation. The Superintendent of Public Works may require plates to be extended beyond the eighteen-inch minimum to ensure public safety.
D. 
During the winter moratorium, all plated locations must have warning signage to alert motorists and notify plow operators of potential road hazards.
(1) 
All plated locations must have "Caution: Steel Plates Ahead" signs constructed with retro-reflective fluorescent orange material (Type 4) bracketed to a pole no less than six feet in height. The Superintendent of Public Works shall have the right to grant a variance to the height of the pole, based on the size of the pole and existing signage, so long as the safety of vehicles and pedestrians shall not be negatively impacted.
(2) 
Signs must be posted no less than 50 feet and no more than 75 feet before the location of steel roadway plates in use, or as otherwise directed by the Superintendent of Public Works or a qualified traffic engineer retained by the Village.
(3) 
If plates span across the center line of a two-way street, a sign must be placed on both sides of the street approaching the steel plate. The Superintendent of Public Works may, at his sole discretion, require the posting of additional signs for the safety of vehicles and pedestrians.
E. 
During any year, the winter moratorium may be delayed, suspended, or terminated, at the recommendation of the Superintendent of Public Works and by resolution and affirmation of the Board of Trustees.
Any work subject to the requirements of this article undertaken without first acquiring a permit as required hereunder shall, upon conviction thereof, be subject to a fine of not more than $3,000 for each offense. Any person or corporation violating any other provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $1,000 for each offense. Every violation of any provision of this article shall be a separate and distinct offense and, in the case of any continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. All fines imposed hereunder shall be assessed in addition to, and never in lieu of, all other fees which shall remain due for the issuance of any permit required under the regulations of this chapter.