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Village of Scarsdale, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
[Amended 5-13-1980 by L.L. No. 1-1980; 3-14-1989 by L.L. No. 6-1989; 6-28-2016 by L.L. No. 2-2016]
No person shall open or cause to be opened the surface pavement or soil in any portion of the public right-of-way, public easement, park or other public place, without first securing a written permit from the Village Engineer. Prior to the issuance of a permit, the applicant shall pay the fees and deposits fixed by resolution of the Board of Trustees.
[Amended 5-13-1980 by L.L. No. 1-1980; 3-14-1989 by L.L. No. 6-1989; 6-28-2016 by L.L. No. 2-2016]
In the case of openings for sewers, drains, water, gas, telephone or other public utility purposes, the applicant for the permit is responsible for the temporary repair of the opening within the public right-of-way, public easement, park or other public place and must pay the fees and deposits fixed by resolution of the Board of Trustees. In such case, the Village Engineer, in his discretion, at the time of issuing the permit, may authorize the applicant for the permit to do all the work required for permanent restoration of any opening within said public right-of-way, public easement, park or other public place and pay the fees and deposits fixed by resolution of the Board of Trustees. In the event that the Village Engineer does not authorize the applicant for such permit to do any of the work required for the permanent restoration of the opening within the public right-of-way, public easement, park or other public place, the regular fees fixed by resolution of the Board of Trustees for this purpose shall apply.
[Amended 5-13-1980 by L.L. No. 1-1980; 3-14-1989 by L.L. No. 6-1989]
In case two or more neighboring openings are made at one time, the Village Engineer may allow the same under one permit, charging therefor only one fee for issuing the permit but separate fees for the restoration and inspections.
[Amended 5-13-1980 by L.L. No. 1-1980]
Whenever a concrete slab is cut or broken, the area to be replaced shall include a full slab.
[Amended 5-13-1980 by L.L. No. 1-1980; 6-28-2016 by L.L. No. 2-2016]
Any curbing removed by any person shall be reset or replaced. Any person failing to restore curbing to its original condition shall be required to pay an additional fee as fixed by resolution of the Board of Trustees. Any person constructing a new or substantially improved home may be required to install, replace or reset granite curbing along the edge of pavement adjacent to the entire property, as directed by the Village Engineer.
[Amended 5-13-1980 by L.L. No. 1-1980]
In the case of openings made in macadam or concrete sidewalks, a fee as fixed by resolution of the Board of Trustees in addition to any other required fee shall apply.[1]
[1]
Editor's Note: Current fees are available and on file in the office of the Village Clerk.
[Amended 5-13-1980 by L.L. No. 1-1980]
In no case shall permits be granted to anyone other than a public service corporation for more than five openings to be made simultaneously.
[Amended 5-13-1980 by L.L. No. 1-1980; 2-8-2000 by L.L. No. 2-2000]
The following fees and deposits for restoration shall be fixed by resolution of the Board of Trustees pursuant to this section:
A. 
In the cases of openings in cinder or dirt roadways:
(1) 
For permit.
(2) 
For restoration.
(3) 
Inspection.
B. 
In the cases of openings in macadam or similarly paved roadways:
(1) 
For permit.
(2) 
For restoration.
(3) 
Inspection.
C. 
In the cases of openings in concrete roadways or roadways with a concrete base:
(1) 
For permit.
(2) 
For restoration.
(3) 
Inspection.
D. 
In case openings exceeding four square yards in area are made in the traveled or paved portion of roadways, additional fees for repairs shall be paid for areas in excess of four square yards, at a rate fixed by resolution of the Board of Trustees:
(1) 
In cinder or dirt roadways.
(2) 
In macadam or similarly paved roadways.
(3) 
In concrete roadways or roadways with a concrete base.
E. 
In the case of openings in macadam sidewalks.
F. 
In the case of openings in concrete sidewalks.
G. 
For failure to restore curbing to its original condition.
H. 
In the case of connections made to the Village sanitary sewer system.
I. 
In the case of connections made to the Village storm sewer system.
[1]
Editor's Note: Current fees are available and on file in the office of the Village Clerk.
[Amended 3-14-1989 by L.L. No. 6-1989; 3-9-2004 by L.L. No. 1-2004]
A. 
For street openings, sidewalk openings or any excavation in a public place totaling 500 square feet or less, no permit shall be issued for any such opening until the person desiring to make such opening or the person for whom it is to be made shall furnish to the Village insurance, evidenced by a certificate of insurance naming the Village as additional insured, in form satisfactory to the Village Attorney, with limits for personal injury of not less than $1,000,000 for any one person and not less than $3,000,000 for any one accident and not less than $100,000 for any one accident and $500,000 in the aggregate for property damage, insuring the Village, its officers, employees and agents against any liability for personal injury or property damage, directly or indirectly resulting from or arising out of the granting of any such permit or any such opening or the method and manner of doing any work permitted or required by any such permit or under this article or any negligent act or omission in connection therewith on the part of the permittee, his employees or agents, provided that a public service corporation may, at its option, file an undertaking, in form satisfactory to the Village Attorney, to indemnify and save harmless the Village, its officers, employees and agents from any such liability, covering all openings made by it.
B. 
For street openings, sidewalk openings or any excavation in a public place greater than 500 square feet, no permit shall be issued for any such opening until the person desiring to make such an opening or the person for whom it is to be made shall furnish to the Village a separate Owners and Contractors Protection Policy, in form satisfactory to the Village Attorney, with limits for personal injury of not less than $1,000,000 for any one person and not less than $3,000,000 for any one accident and not less than $100,000 for any one accident and $500,000 in the aggregate for property damage, insuring the Village, its officers, employees and agents against any liability for personal injury or property damage, directly or indirectly resulting from or arising out of the granting of any such permit or any such opening or the method and manner of doing any work permitted or required by any such permit or under this article or any negligent act or omission in connection therewith on the part of the permittee, his employees or agents, provided that a public service corporation may, at its option, file an undertaking, in form satisfactory to the Village Attorney, to indemnify and save harmless the Village, its officers, employees and agents from any such liability, covering all openings made by it.
[Amended 3-14-1989 by L.L. No. 6-1989]
The person to whom the permit is issued shall see that the requirements contained in this article are observed.
A. 
Any excavation, other than for paving, within the right-of-way shall be made by hand and not by power-driven equipment, unless by special permission of the Village Engineer.
B. 
All excavations shall be by open cut, unless by special permission of the Village Engineer.
C. 
All trenches shall be backfilled using K-Crete 50 in the traveled way or under sidewalks; trenches outside the traveled way shall be backfilled with K-Crete 50 or with soil tamped in layers not exceeding 12 inches in depth.
[Amended 6-28-2016 by L.L. No. 2-2016]
D. 
All work done under any permit issued hereunder, whether directly by the permittee or by others to whom the work is contracted, shall conform to the requirements of the Village Engineer and shall be under full supervision of the permittee, who shall be solely responsible for the work done.
[Amended 6-28-2016 by L.L. No. 2-2016]
E. 
The Village of Scarsdale reserves the right to hire a third-party inspection service/inspector to oversee the opening and restoration of any work performed in the public right-of-way, public easement, park or other public place. All fees associated with this service shall be paid by the applicant prior to the issuance of any permit by the Village Engineer.
[Added 6-28-2016 by L.L. No. 2-2016]
F. 
At the request of the Village Engineer, the applicant must supply a detailed maintenance and protection of traffic (MPT) plan, as per New York State Department of Transportation standards, showing the area of proposed work, all signage to be installed, detour routes, location of traffic control personnel, proposed lane closures, or any other requirement specified by the Village Engineer. The use of Scarsdale Police Department personnel may be required for additional traffic control. The expense for such personnel usage shall be paid by the applicant. After the Village Engineer approves the MPT plan, the applicant must submit the approved MPT plan to all Village emergency service departments and agencies.
[Added 6-28-2016 by L.L. No. 2-2016]
[Added 5-13-1980 by L.L. No. 1-1980; amended 3-14-1989 by L.L. No. 6-1989; 6-28-2016 by L.L. No. 2-2016]
The permittee is responsible for the temporary repair of the trench. Temporary trench repair is to consist of two inches of asphalt concrete placed on top of the K-Crete backfill and level with the existing road surface.
[Amended 3-14-1989 by L.L. No. 6-1989]
The Village Engineer may prescribe the time when the work shall be done and the length of time that any trench or other excavation may remain open. He may cause any such trench or opening to be filled up or closed at the expense of the person to whom the permit is issued in case of noncompliance with the terms of such permit or other conditions prescribed at any time by the Village Engineer.
[Added 3-14-1989 by L.L. No. 6-1989; amended 6-28-2016 by L.L. No. 2-2016]
Temporary trenches shall be widened a minimum of one foot beyond the original cut or any crack developed from the adjacent pavement settling because of the excavation. Asphalt thickness and materials shall conform to the standard construction details maintained by the Village Engineer. All final pavement restoration limits shall follow the guidelines depicted in the minimum pavement restoration limits diagram as adopted by the Board of Trustees, and amended from time to time. The minimum pavement restoration limits diagram shall be maintained by the Village Engineer. The edges of all trenches shall receive a liberal application of asphaltic emulsion to seal edges.
The person to whom the permit is issued shall maintain sufficient guards, barricades, lights or watchmen to protect persons and property against injury and damage by reason of any such opening.