A. 
No person 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 Commissioner a written permit for a 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 hereinbefore provided in Article II in lieu of a permit for street opening.
B. 
Such permit shall be valid for an effective period not to exceed 30 consecutive calendar days, to be determined and specified therein by the Commissioner. Such effective period may be extended, if so requested in writing by the permittee prior to expiration thereof, for such additional period as the Commissioner in his discretion may authorize.
A. 
Any person desiring a permit for a street opening shall make application therefor to the Commissioner for each such opening upon a form to be provided for that purpose.
B. 
Said application shall contain the names and addresses of the applicant and of the owner or the property in front of which or for whom the work is to be performed; the location of such property; the 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; and the type of pavement or surface to be disturbed, together with such necessary sketches and additional information as the Commissioner may require and a signed statement by the applicant that the 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.
A. 
No permit for street opening shall be issued by the Commissioner until the applicant therefor shall have first placed on file with the Commissioner, without cost to the City, satisfactory evidence of commercial general liability in the amount of not less than $1,000,000 combined single limit per occurrence/$2,000,000 aggregate, and satisfactory evidence that the 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 the said opening or with any work related thereto.
[Amended 5-13-2015, approved 5-15-2015; 6-10-2015, approved 6-12-2015]
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 any modification or cancellation of any such insurance.
[Amended 7-9-1969, approved 7-10-1969; 6-27-1973, approved 6-28-1973; 7-25-1973, approved 7-26-1973; 9-11-1974, approved 9-12-1974; 1-24-1979, approved 1-26-1979; 7-8-1987, approved 7-9-1987; 1-9-1991, approved 1-10-1991; 5-13-2015, approved 5-15-2015; 6-10-2015, approved 6-12-2015]
No permit for street opening shall be issued by the Commissioner to any applicant therefor, except a public service corporation, until the applicant shall have first paid to the City Clerk on behalf of the City a fee of $350 as determined by the Commissioner. A public service corporation shall be charged $275 or $5.50 a running linear foot, whichever sum is greater; provided, however, that a public service corporation shall be charged $27.50 for each street opening not larger than 12 inches by six inches made pursuant to the utilization of the keyhole method for inspecting and repairing gas leaks. 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. No permit for a street opening shall be issued to a public service corporation by the Commissioner until a deposit in the amount of $275 or $5.50 a running linear foot, whichever sum is greater, has been paid to the City Clerk on behalf of the City, in cash or by check payable to the City of Mount Vernon.
A. 
Except with respect to a public-service corporation, upon completion of the excavation by the permittee and acceptance by the Commissioner, the permittee will backfill said opening and apply temporary and/or permanent pavement at a time and in a manner which the Commissioner deems to be in the best interests of the City. All work of backfilling and pavement restoration, including reconstruction of backfill area where necessary, is to be performed by the permittee.
[Amended 6-10-2015, approved 6-12-2015]
B. 
Upon the completion of the excavation, whenever a public-service corporation is the permittee, and acceptance by the Commissioner, the public-service corporation will perform all work of backfilling and pavement restoration, including reconstruction of backfill area where necessary, in accordance with the provisions of Part 1 of this chapter.
[Amended 2-9-2005; approved 2-10-2005]
Every permittee, except a public-service corporation, shall file with the City a bond in the sum of $25,000, said bond to be approved as to form and sufficiency of surety by the Corporation Counsel and said bond to be retained as security for the faithful performance by the applicant of all terms, agreements, covenants and conditions of the permit on the applicant's part to be done and/or performed.
A. 
A public-service corporation shall file and keep on file with the City a bond of $25,000, said bond to be approved as to form, amount and sufficiency of surety by the Corporation Counsel and said bond to be retained as security for the faithful performance by the applicant of all terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed.
[Amended 5-13-2015, approved 5-15-2015; 6-10-2015, approved 6-12-2015]
B. 
A public-service corporation may, in lieu of the insurance hereinbefore specified for street opening, file and keep on file with the Commissioner of Public Works an agreement, approved as to form by the Corporation Counsel, to indemnify and save harmless the City from claims, suits, actions, proceedings, losses, injuries, damages and costs of every kind 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 also to defend on behalf of the City any actions or proceedings which may be instituted against the City. Public-service corporations shall be billed by the Commissioner of Public Works on behalf of the City for any expense incurred by the City as a result of failure or default on the part of such corporation in the performance or completion of the work, as may be determined and certified by the Commissioner.
C. 
In the event of an 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 the said public-service corporation shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this section, and provided further that the 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.
D. 
Such work shall be carried on so that not over 500 lineal feet of trench shall remain open at any time unless otherwise specifically permitted by the Commissioner in writing.
It shall be the duty of the permittee to give written notice to any company whose pipes, conduits or other structures are laid in the street in which any work is to be done by such permittee under the provisions of a street opening permit not less than 24 hours before commencing such opening or work; and such permittee 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 their former condition.
A. 
The permittee shall erect and maintain suitable barricades and fences around all of his work while excavation or other work is in progress and shall arrange his work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. The Commissioner may provide in his written permit 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 Commissioner may, in the latter's 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 event the City shall be reimbursed for any expense incurred thereby in accordance with the provisions of Part 1 of this chapter, and the permittee shall have no claim against the City for loss of anticipated profits or for any other losses by reason thereof.
B. 
Warning flags or signs and suitably lighted red lights shall be provided, and watchmen shall be provided, if so ordered by the Commissioner and in accordance with the latter's 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 Commissioner, vehicular traffic shall be maintained at all times during the progress of the work being performed under the permit.