[HISTORY: Adopted by the Common Council of the City of Gloversville 4-9-2024 by Ord. No. 03-2024. Amendments noted where applicable.]
Other than the City of Gloversville, no person or association
of persons, municipal corporation, public utility corporation or corporation
shall open or dig up any City street or any private street which is
open to public motor vehicular traffic, or any street, or part thereof
in and over which the City shall have jurisdiction or shall in any
way alter any curbing, gutters, gutter basins, drainage lines or other
works within such a street for any purpose without a written permit
from the City Clerk, with the approval of the Director of Public Works,
to be known as a "street opening permit."
No street opening permit shall be issued by the City Clerk,
except to a municipal corporation, a public utility corporation or
an owner of property assessed upon the City assessment roll on an
application, signed by said owner or on behalf of said owner by his
duly authorized agent. Persons or corporations other than those mentioned
may be granted street opening permits only when authorized by the
Director of Public Works.
The permittee shall, in all cases, be responsible to fully restore
the street, curb, sidewalk and any other public structure or surface,
to City specifications which are set forth herein to the satisfaction
of the Director of Public Works. In the event of default or noncompliance,
the City shall, upon three days' written notice by certified
mail to the permittee, correct and repair the damage in question.
The cost, consisting of time, materials, and equipment expended by
City personnel, shall be paid by the permittee to the City.
The permittee making the opening shall backfill the opening
and shall place thereon temporary pavement, conforming to City specifications,
which shall be properly maintained in a safe condition by the permittee
until such time as proper settlement has taken place to allow the
laying of a permanent pavement. The City shall be notified at all
stages of the work for the purpose of inspection. As a minimum, compliance
with the City specifications and regulations for the making of street
openings, backfilling, maintenance, replacement of pavement and curbing
shall be acceptable for the performance of said work and shall be
performed to the satisfaction of the Director of Public Works.
There shall be two permit classifications and fees for street
opening permits as follows:
In case of an emergency requiring emergency work arising after
business hours, at night, on Sundays or legal holidays, the same shall
be reported to the Fulton County Sheriff's Office Dispatch, which
shall contact the Director of Public Works to grant permission to
make the necessary excavation upon the express condition that an application
be made in the manner prescribed by this article on or before 12:00
noon of the next following business day. An emergency permit may only
be issued for emergency work to be performed on existing services.
An applicant shall perform emergency work on an around-the-clock basis
until the emergency is eliminated, unless otherwise directed by the
Director of Public Works.
All street openings and work areas shall be provided with warning
signs, barricades, and lighting as necessary for public safety. All
warning, traffic control signs, barricades and lighting shall be in
conformance with the appropriate section of the State of New York
Department of Transportation Manual of Uniform Traffic Control Devices.
Proof of liability insurance to indemnify the City of Gloversville
against any liability by providing a $1,000,000 liability insurance
certificate that specifically names the City of Gloversville as "supplemental
insured" must be submitted with the completed street opening permit.
A.
All work for which a permit has been issued shall be completed prior
to the expiration date of the permit.
B.
A Class 1 permit shall be valid for 14 days for the initial excavation
and backfill.
C.
A Class 2 permit term will be determined by the Director of Public
Works based on size of the project.
D.
A permit shall expire unless work pursuant thereto has been commenced
within 10 days of the date of issuance.
E.
A permit shall continue in effect during the time required for the
settling of backfill and restoration of permanent pavement, but in
no event shall the permit continue in effect later than six months
after the date of issuance unless the Director of Public Works shall
further extend the time for good cause.
The Director of Public Works shall have the power to revoke
a permit issued hereunder whenever he shall find that the permittee
shall have refused, failed, or omitted to comply with any provisions
of this chapter.
Any person or entity found in violation of any provision of
this chapter may be punished by a fine of not less than $50 nor more
than $250 or imprisonment for a period not exceeding 15 days, or both,
and each day that said violation exists shall constitute a separate
offense that is subject to a separate penalty as above listed.
