No person shall obstruct, encumber or occupy in any manner or for any purposes whatsoever any public street, highway or sidewalk area without first obtaining therefor from the Director a written permit for such obstruction. The use and operation of construction machinery or equipment in connection with building operations, when such machinery or equipment obstructs, encumbers or occupies any portion of a public street, highway or sidewalk area, will not be allowed unless a written permit for such obstruction has first been obtained from the Director.
Permits required by § 229-52 shall be valid for an effective period not to exceed 30 consecutive calendar days to be determined and specified therein by the Director. Such effective period may be extended, if so requested, in writing, by the permittee prior to the expiration thereof for such additional period as the Director, at the latter's discretion, may authorize.
Any person desiring a permit for an obstruction as required by § 229-53 shall make application therefor to the Director upon forms provided for that purpose. The application shall contain the names and addresses of the applicant and of the owner of the property in front of which the street obstruction is proposed; the location of such property and the section, plate, block and lot designation thereof, together with such necessary sketches and additional information as may be required by the Director; and a signed statement by the applicant that the applicant agrees to abide by all the conditions of the permit, the provisions of the Charter and Code of the Village and the applicable rules and regulations of the Department of Public Works.
No permit for an obstruction as required by § 229-53 shall be issued by the Director until the applicant therefor shall have first placed on file with the Director, without cost to the Village, satisfactory evidence of public liability insurance in the amount of not less than $200,000 for any one person and not less than $300,000 for any one accident and property damage insurance in the amount of not less than $25,000 for any one accident and $50,000 in the aggregate and satisfactory evidence that such insurance has been approved as to form, correctness and adequacy by the Corporation Counsel, to insure the Village against any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of such applicant, his agents, servants or employees, in connection with the obstruction or with any work related thereto. Such insurance must remain in force throughout the effective period of the permit as well as any authorized extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the Village of any modification or cancellation of any such insurance.
[Amended 8-3-1999 by L.L. No. 2-1999]
A.
Generally. No permit for an obstruction as required by § 229-52 shall be issued by the Director until the applicant therefor shall have first paid to the Treasurer, in cash or by check payable to the Village:
B.
Extensions. No permit for an obstruction shall be extended by the Director until the applicant therefor shall have first paid to the Treasurer, in cash or by check payable to the Village, a fee, set from time to time by resolution of the Village Board of Trustees,[2] for each extension of 30 days or less.
[2]
Editor's Note: The Schedule of Fees is on file in the Village offices.
A.
Schedule. The amount of the deposit for obstruction permits required by § 229-52 shall be computed in accordance with the unit prices for areas to be obstructed, encumbered or occupied, as determined by the Director, set from time to time by resolution of the Village Board of Trustees.[1]
[Amended 8-3-1999 by L.L. No. 2-1999]
[1]
Editor's Note: The Schedule of Fees is on file in the Village offices.
B.
When permittee exceeds permit. When the permittee exceeds the maximum authorized obstruction specified in the permit, the permittee shall, when so ordered, pay to the Director such additional amounts of deposit as the Director may require. Failure on the part of the permittee to comply promptly with such order shall be considered sufficient cause for revocation of the permit.
C.
Retention, use upon default of permittee. The deposit shall be retained by the Village until expiration of the permit, 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 done or performed. Upon the failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on his part to be done and performed, the 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.
A.
Obstruction related to work on a building. In the case of a permit required by § 229-52 issued by the Director for an obstruction related to the erection, demolition, repair, alteration or reconstruction of a building, the permissible area of the street, highway or sidewalk to be obstructed, encumbered or occupied shall be determined and specified by the Director.
B.
Width of street obstruction. Unless otherwise authorized in writing by the Director, the permittee shall conduct his operation under the permit for street obstructions in such a manner that not less than 2/3 the total width of a street or highway pavement or surface shall at any time remain free of any obstruction.
C.
Manholes, fire hydrants, etc. The permittee shall keep clear and unobstructed at all times, and shall in no way interfere with prompt access to or adequate operation of all manholes, catch basins, hydrants, valves or fire alarm boxes that may be situated in or near the area obstructed or occupied in accordance with the permit.
D.
Sidewalk obstructions. Except as otherwise provided herein, the permittee shall also keep clear and unobstructed at all times the sidewalk area and gutter in or near the area occupied under the permit and shall remove promptly therefrom any dirt or rubbish.
A.
Barricades, etc. Except as otherwise provided herein, the permittee shall erect and maintain suitable protective barricades and fences around the obstruction or area occupied pursuant to a permit required by § 229-52 and shall at all times provide a safe, adequate and unobstructed passageway not less than four feet in clear width for the use of pedestrians.
B.
Sidewalk sheds, etc. When materials are to be moved over the sidewalks by means of a derrick, crane, hoist or chute, the permittee shall provide a safe and adequate sidewalk shed conforming to the requirements of the Building Code of the Village or, when so ordered by the Director, shall provide a safe, adequate and unobstructed temporary sidewalk around the obstruction or area occupied. Temporary sidewalks, when so ordered, shall, wherever practicable, be built to the same level as the existing sidewalk and in such a manner as not to interfere with the free flow of water in the street or gutter.
C.
Direction of traffic, etc. The permittee shall also make adequate provision for the safe passage of vehicular traffic by day and by night. Where the free flow of traffic is interfered with, the permittee shall designate competent persons to direct and expedite traffic by means of lights or flags.
No permit for an obstruction as required by § 229-52 shall be required for the loading or unloading across a sidewalk area of goods, wares or merchandise which are in the process of being transferred to or from trucks or other vehicles standing at the curbline; provided, however, that such loading or unloading shall be conducted in the most prompt manner possible and shall be subject to such laws and ordinances as may be adopted by the Village; and provided, further, that the Director may, at the latter's discretion, require that such loading and unloading shall take place during certain specified hours.
Any damage resulting from the obstruction, encumbrance or occupation of a public street, highway or sidewalk area pursuant to a permit required by § 229-52 or from the storage of materials or operation of construction equipment or machinery shall be repaired by the permittee to the satisfaction of the Director, when so ordered.