A.
No person, firm or corporation shall open or cause to be opened, by cutting or excavating, the surface or soil of any street, highway, sidewalk area or public ground for any purpose whatsoever without first obtaining therefor from the Director a written permit for street opening, except, however, that the construction, removal, replacement or repair of a sidewalk, curb or driveway shall be done under a permit for sidewalk, curb or driveway, as set forth in Article II of this Part 1, in lieu of a permit for street opening.
B.
No person, firm or corporation shall make or cause
to be made any connection into a sanitary sewer, stormwater drain
or water main in an easement or right-of-way across private property,
said sanitary sewer, stormwater drain or water main forming a part
of the sewer, drainage or water distribution system, respectively,
of the City of Peekskill, without first obtaining from the Director
a written permit for street opening.
C.
Such permit shall be valid for an effective period,
not to exceed 45 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 expiration thereof,
for such additional period as the Director, in his discretion, may
authorize.
A.
Any person, firm or corporation desiring a permit
for street opening shall make application therefor to the Director
for each such opening upon forms to be provided for that purpose.
B.
The said application shall contain the names and addresses
of the applicant and of the owner of the property in front of which
or for whom the work is to be performed, by reference to street number
or distance from the nearest intersection and such other adequate
description as to enable the City to identify the location of the
area where the work is to be performed, the location of such property,
the section, block and lot designation thereof, the size and purpose
of the opening to be made and the maximum size of such opening, the
date or dates when the work is to be performed, the type of pavement
or surface to be disturbed, together with such necessary sketches
and additional information as the Director may require, and a signed
statement by the applicant that said applicant agrees to perform the
work for which the permit is granted strictly in accordance with the
conditions of the permit, the provisions of the Charter and of the
ordinances of the City and the applicable rules and regulations of
the Department of Public Works.
[Amended 6-24-2019 by L.L. No. 3-2019]
A.
No permit for street opening shall be issued by the
Director until the applicant therefor shall have first placed on file
with said Director, without cost to the City, satisfactory evidence
of public liability insurance in the amount of not less than $500,000
for any one person and not less than $1,000,000 for any one accident;
and property damage insurance in the amount of not less than $100,000
for any one accident and $200,000 in the aggregate; and satisfactory
evidence that said insurance has been approved as to form, correctness
and adequacy by the Corporation Counsel, to insure the City against
any loss, injury or damage arising out of the granting of the permit
or from any negligence or fault of said applicant, his agents, servants
or employees in connection with said opening or with any work related
thereto. For good cause shown by an applicant, the Director of Public
Works may make a recommendation to the City Manager, who shall have
the authority to reduce the amount of insurance coverage provided
herein.
[Amended 1-28-1985; 6-24-2019 by L.L. No. 3-2019]
B.
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 City of
Peekskill of any modification or cancellation of any such insurance.
[Amended 2-14-1983; 7-8-1991; 10-24-1994; 3-28-2005 by L.L. No. 9-2005; 9-25-2017 by L.L. No. 2-2017]
A.
No permit for street openings shall be issued by the Director until
the applicant therefor shall have first paid to the Director, in cash
or by check, payable to the City of Peekskill, a deposit to be determined
as provided, in addition, a fee in accordance with the schedule set
forth in the Consolidated Fee Schedule, maintained in the office of
the City Clerk, except that no fee shall be charged a public service
corporation for the installation or relocation of poles or wires or
fixtures to be attached to poles. Said fee is to cover the cost of
issuing and recording the permit and the supervision and inspection
of the work done in connection therewith.
[Amended 11-14-1966; 2-14-1983; 9-25-2017 by L.L. No. 2-2017; 6-24-2019 by L.L. No. 3-2019]
The amount of deposit for street openings shall be computed
according to the area disturbed, using an average local industry price
guideline as determined by the Director of Public Works on a yearly
basis, and shall be a minimum as set forth in the Consolidated Fee
Schedule maintained in the office of the City Clerk for each traffic
lane disturbed. The amount of deposit shall be sufficient to reimburse
the City for any damages or costs incurred by reason of failure or
default on the part of the permittee.
A.
The amount of deposit shall be retained by the City
for the duration of the period of maintenance as defined hereinbelow.
B.
Upon the failure or default by the permittee of any
of the terms, agreements, covenants and conditions of the permit on
the permittee's part to be done or performed, said deposit may be
used for the City for any expense incurred by the City by reason of
such failure or default on the part of the permittee.
C.
Any balance left after the expense of such failure
or default, as determined and certified by the Director, has been
paid and deducted from the amount of the deposit shall be refunded
to the permittee.
A.
The period of maintenance shall be considered as a
period of one year after the date of final completion, as determined
by the Director, of the work to be done pursuant to the terms of the
permit; except, however, that in the event that the termination of
said one-year period shall fall within the month of December, January,
February, March or April, then and in that event the period of maintenance
shall be considered as extending until the first day of May next thereafter.
[Amended 1-28-1985]
B.
The permittee shall be responsible for the entire work and shall keep every portion of said work in perfect order and repair during the entire period of maintenance, and should said permittee fail to make needed repairs to the work or to adequately maintain surfaces disturbed by said permittee, the Director reserves the right, in said Director's discretion and without prior notice to the permittee, to cause such repairs to be made or such surfaces to be maintained by the City's own forces or by contract or otherwise, in which case the City shall be reimbursed for any expense incurred thereby in accordance with the provisions of § 505-3, Article I, of this Part 1, and the permittee shall have no claim against the City for loss of anticipated profits or for any losses by reason thereof.
[Amended 5-13-2002 by L.L. No. 1-2002]
A.
A permittee, in lieu of the deposit hereinbefore specified
for excavations related to building construction for foundation work,
shoring, etc., and if the amount of such deposit is in excess of $10,000,
may file and keep on file with the Director of Public Works cash or
other liquid assets in an amount equivalent to the required deposit.
Said liquid asset is to be approved by the Corporation Counsel or
the City Comptroller and is to 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 done or
performed.
[Amended 6-24-2019 by L.L. No. 3-2019]
C.
This section shall apply to existing deposits, and
performance guarantees may be substituted for such deposits in accordance
with the provisions of this section.
A.
Unless otherwise agreed upon between a public service
corporation and the City of Peekskill, a public service corporation
may, in lieu of the deposit hereinbefore specified for street opening,
file and keep on file with the Director of Public Works a bond in
the amount of $20,000, said bond to be approved as to form and amount
by the Corporation Counsel and said bond to be retained as security
for the faithful performance by the applicant of all the terms, agreements,
covenants and conditions of the permit of the applicant's part to
be done or performed.
[Amended 1-28-1985; 6-24-2019 by L.L. No. 3-2019]
C.
A public service corporation may, in lieu of the insurance
hereinbefore specified for street opening, file and keep on file with
the Director of Public Works an agreement, approved as to form by
the Corporation Counsel, to indemnify and save harmless the City of
Peekskill from claims, suits, actions, proceedings, losses, injuries,
damages and costs of every name and description arising out of or
resulting from any act or omission on the part of such public service
corporation under any permit granted to it or from any negligence
or fault of such public service corporation, its contractors, agents,
servants or employees in connection with sidewalk, curb or driveway
work or repairs or street openings or any work related thereto, and
to also defend on behalf of the City of Peekskill any such suits,
actions or proceedings which may be instituted against the City of
Peekskill.
[Amended 6-24-2019 by L.L. No. 3-2019]
D.
The Director may, at his discretion, assign a representative to inspect, on behalf of the City, the work to be done under the provisions of any permit granted to a public service corporation, without any fee in addition to the fees provided in Article III, § 505-19, where a bond is filed in lieu of a deposit.
E.
Said public service corporation shall be billed by
the City of Peekskill for any expenses incurred by the City of Peekskill
by reason of any failure or default on the part of said corporation,
as determined and certified by the Director, and any such bill shall
be paid within 30 days after same shall have been billed by the City.
F.
In case of emergency due to breakage of pipes, etc., street openings may be made by a public service corporation prior to obtaining a permit for street opening; provided, however, that said public service corporation shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this section and in § 505-18 of this article, and provided further that said public service corporation shall make application for the necessary permit for street opening not later than 24 hours (Saturdays, Sundays and holidays not included) after said opening has been commenced.
A.
It shall be the duty of the person, firm or corporation
by whom or for whose benefit any street opening is to be made for
any purpose whatsoever in the City of Peekskill to give written notice
thereof to any company whose pipes, conduits or other structures are
laid in the street in which any work is to be done by the permittee
under the provisions of a street opening permit not less than 24 hours
before commencing such opening or work, and such person, firm or corporation
doing such work shall, at its own expense, carefully support, maintain
in operation and protect from injury such pipes, conduits or other
structures and, in case of injury, shall restore same at its own expense
to as good a condition as they were before the beginning of such opening
or work.
B.
In case of failure of said person, firm or corporation
to comply with the provisions of this section, then same may be done
by the company to whom the pipes, conduits or other structures belong,
and the costs thereof and all damages sustained by said company thereby
shall be paid by said person, firm or corporation to said company,
which may, in default thereof, maintain an action against such person,
firm or corporation.
A.
The permittee shall erect and maintain suitable barricades and fencing with amber blinking lights around all of his or its work while excavation or other work is in progress and shall arrange his or its work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. The Director may require that the work be so arranged as to make possible the complete removal of obstructions to traffic on Saturdays, Sundays and holidays. In the event that such requirement is not complied with by the permittee, the Director may, in his discretion, cause all or part of the work covered by the permit to be backfilled and temporarily resurfaced by the City's own forces or by contract or otherwise, in which case the City shall be reimbursed for any expense incurred thereby in accordance with the provisions of § 505-3 of Article I of this Part 1, and the permittee shall have no claim against the City for loss of anticipated profits or for any other losses by reason thereof.
[Amended 1-28-1985]
B.
Warning flags or signs and suitable amber blinking
lights shall be provided, and watchmen shall be provided, if so ordered
by the Director and in accordance with his directions.
C.
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.
D.
Unless otherwise authorized by the Director, vehicular
traffic shall be maintained at all times during the progress of the
work being performed under the permit.
No person, firm or corporation shall erect or
cause to be erected any telephone, telegraph or electric light or
electric transmission pole or poles, or install any conduits or change
the location thereof, upon any street, highway or public place without
first obtaining a permit therefor from the Director. This section
does not apply to the routine replacement of existing poles on a maintenance
basis.
