[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.
[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:
B. In the cases of openings in macadam or similarly paved
roadways:
C. In the cases of openings in concrete roadways or roadways
with a concrete base:
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.
[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.