[Adopted 2-2-1982 by L.L. No. 1-1982]
The Town Board of the Town of Yorktown hereby
finds that its existing ordinances which apply to street and driveway
openings are inadequate and do not vest the Superintendent of Highways
with sufficient flexibility to insure that work is done in a proper
manner. The Town Board therefore finds that it is necessary to adopt
this article in order to establish general standards governing the
issuance of permits for street and driveway openings as provided for
in Town Law § 130, Subdivision 7.
No person, firm, association, corporation, special
improvement district, public utility, municipal, state or other public
district shall open, dig up, cut, remove, lower, raise, create new
access or egress to or from any street, highway or in any other way
alter any street or portion thereof within the jurisdiction of the
town without first obtaining a permit from the Superintendent of Highways.
A.
Every application for a permit to open, dig up, cut,
remove, lower, raise or in any way alter any street, highway or portion
thereof within the jurisdiction of the town shall be in writing and
shall state the purpose, extent, location and nature of the proposed
work.
B.
Fee; annual permit; deposit; indemnification; surety bond; certificate
of insurance.
[Amended 5-21-2013 by L.L. No. 8-2013]
(1)
A fee of $150 shall accompany every application for a street opening
permit.
(2)
In lieu of applying for multiple street opening permits in a calendar
year, any person, firm, association, corporation, special improvement
district, public utility, municipal, state or other public district
may apply for an annual permit for all street openings in the calendar
year. A nonrefundable annual permit fee $10,000 shall accompany such
application, to cover all inspections required under this article.
(3)
The applicant shall deposit such sum of money as is required by the
Superintendent of Highways, which deposit shall be based on the size
and location of the proposed work and shall be posted to guarantee
to the Town the probable expense to it of the replacement by the Town
of the street, highway or sidewalk or public place, and the unexpended
balance, if any, shall be refunded to the depositor.
(4)
Every applicant shall indemnify the town and save it harmless from
any and all liability which shall result from any such work.
(5)
Any public utility, municipal, state or other public district may, in lieu of making the cash deposit required in Subsection B(3) above, file a surety bond in such sum as is determined by the Superintendent of Highways in such form and with such sureties as is approved by the Superintendent of Highways, securing the Town against loss, damage or expense caused by the failure of such public utility, municipal, state or other public district to perform the proposed work or any restoration thereof in conformity with specifications adopted by the Superintendent of Highways, which bond shall also indemnify the Town and save it harmless from any and all liability which shall result from any such work.
(6)
Every application shall be accompanied by a certificate of insurance
naming the Town as certificate holder and additional insured with
coverage and limits as from time to time may be established by resolution
of the Town Board.
C.
Town Board street opening permits.
[Added 12-19-2017 by L.L.
No. 19-2017]
(1)
Permit required. Notwithstanding any other provision of this article,
any single street opening with a disturbance of greater than 200 cubic
feet or multiple street openings within a 500-foot radius in a twelve-month
period with a cumulative disturbance of greater than 200 cubic feet
will require a street opening permit issued by the Town Board. In
the event of an emergency, street opening work for which a permit
may be required pursuant to this section may proceed with the express
permission and authority of the Highway Superintendent, subject to
the permit application being filed as soon as practicable thereafter.
(2)
Application. An application for a Town Board street opening permit
shall include submission of an application in an electronic media
format (PDF or TIF or other format approved by the Building Inspector)
on a form provided by or otherwise acceptable to the Highway Superintendent.
The application shall include or be accompanied by the following information
and documentation, as applicable:
(a)
A description of the proposed work, including drawings depicting
with sufficient clarity and detail the nature and extent of the work
proposed;
(b)
Street names with the closest Tax Map numbers and the street
addresses to where the proposed work will be performed;
(c)
Estimated start and completion dates;
(d)
Schedule of work with milestone dates, including equipment and
materials delivery;
(e)
Designation of contact person who will provide reports as requested
by the Highway Superintendent;
(f)
Traffic control plan;
(g)
Location of material storage yards, subject to the issuance of an obstruction permit pursuant to § 250-17D; and
(h)
Any other documentation or information which the Town Board
may request upon review of the permit application.
(4)
Inspection fees. The Town Board may assign inspectors to assure that
all conditions and requirements of the street opening permit are satisfied
in accordance with the permit. The permittee shall pay the Town an
amount up to the amount set forth in the Master Fee Schedule to cover
the cost of inspection, based on the scope of work to be inspected.
(5)
Performance bond. The Town Board may require that, prior to commencement
of work under any permit issued pursuant to this section, the permittee
shall post a bond in an amount set by the Town Board with conditions
sufficient to secure compliance with the conditions and requirements
set forth in the permit. The bond shall remain in effect until the
Town Board certifies that the permitted work has been completed in
compliance with the terms of the permit and the bond is released by
the Town Board or a substitute bond is provided. In the event of a
breach of any condition of any such bond, the Town Board may institute
an action in a court of competent jurisdiction upon such bond and
prosecute the same to judgment and execution. Such court would be
authorized to award to the Town attorneys' fees, costs and disbursements.
Where the permit holder is a utility regulated by New York State,
in good financial standing, the utility may post a corporate guarantee
in a form approved and acceptable to the Town Attorney in lieu of
a performance bond in an amount as determined by the Town Board reasonably
calculated to restore any Town property prior to the commencement
of the street openings.
(6)
Permit conditions. The Town Board may issue such conditions as it
deems just, fair and necessary. Any permit issued under this section
may be revoked by the Town Board if the Town Board finds and determines
that there has been a failure of compliance with any one of the terms,
conditions, limitations and requirements imposed by the permit without
good cause.
(7)
Insurance required. Before such street opening permit is issued,
the permittee shall submit evidence in the form of a certificate of
insurance issued by an insurance company authorized to do business
in the State of New York, guaranteeing that the permittee has in full
force and effect a policy of public liability insurance, including
a specific endorsement covering the liabilities arising from the operations
of the street opening permit, in an amount not less than $10,000,000
per occurrence. The certificate of insurance shall be to the satisfaction
of Town Attorney. The permittee shall also save the Town harmless
from all claims, actions and proceedings brought by any person, firm
or corporation for injury to person or property resulting from or
occasioned by such operations. Such policy shall contain the provision
that the policy shall not be canceled, terminated, modified or changed
by the company unless 30 days' prior written notice is sent to
the Town by certified mail. No permit shall be valid unless such insurance
is in full force and effect; provided, however, that a permittee that
is a utility regulated by any governmental entity may satisfy the
terms of this provision by providing a letter in a form approved and
acceptable to the Town Attorney the such permittee is self-insured
to an amount in excess of $1,000,000 and carries excess liability
insurance for any claims above such an amount in which case the permittee
shall submit evidence in the form of a certificate of insurance in
a form approved and acceptable to the Town Attorney.
(8)
Injunctive relief. The Town Board may maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with this article, or to restrain by injunction the violation
of any provision of this article. Such court would be authorized to
award to the Town attorneys' fees, costs and disbursements. The
foregoing provisions for the enforcement of this article are not exclusive,
but are in addition to any and all other laws applicable thereto.
D.
Obstruction permit.
[Added 12-19-2017 by L.L.
No. 19-2017]
(1)
Permit required.
(a)
Any street opening permit issued pursuant to this article must
be accompanied by an obstruction permit, if applicable. The use and
operation of construction machinery or equipment which obstructs,
encumbers or occupies any portion of a public street, right of way,
highway, sidewalk area or town owned property will not be allowed
unless a written permit for obstruction has first been obtained from
the Town Board, which shall determine the permissible area of obstruction.
(b)
Such permits shall be valid for an effective period to be determined
and specified therein by the Town Board. Such effective period may
be extended, if so requested in writing by the permittee prior to
expiration thereof, for such additional period as the Town Board may
authorize.
(2)
Insurance required.
(a)
Before such obstruction permit is issued, the permittee shall
submit evidence in the form of a certificate of insurance issued by
an insurance company authorized to do business in the State of New
York, guaranteeing that the permittee has in full force and effect
a policy of public liability insurance, including a specific endorsement
covering the liabilities arising from the operations of the street
opening permit, in the amount not less than $1,000,000 per occurrence.
The certificate of insurance shall be to the satisfaction of Town
Attorney. The permittee shall also save the Town harmless from all
claims, actions and proceedings brought by any person, firm or corporation
for injury to person or property resulting from or occasioned by such
operations. Such policy shall contain the provision that the policy
shall not be canceled, terminated, modified or changed by the company
unless 30 days' prior written notice is sent to the Town by certified
mail. No permit shall be valid unless such insurance is in full force
and effect; provided, however, that a permittee that is a utility
regulated by any governmental entity may satisfy the terms of this
provision by providing a letter in a form approved and acceptable
to the Town Attorney that such permittee is self-insured to an amount
in excess of $1,000,000 and carries excess liability insurance for
any claims above such an amount in which case the permittee shall
submit evidence in the form of a certificate of insurance in a form
approved and acceptable to the Town Attorney.
(3)
Fees.
(b)
In addition to the application fee, the permittee shall also
pay to the Town Board, in cash or by check payable to the Town, the
obstruction permit fee which shall be computed in accordance with
the following unit prices, for areas to be encumbered or occupied
as determined by the Town Board:
[1]
For the storage of equipment or materials on Town Property in
an amount set forth in the Master Fee Schedule.
(c)
When the permittee exceeds the maximum authorized obstruction
specified in the permit, said permittee shall, when so ordered, pay
to the Town Board such additional amounts as the Town Board may require
based on the original fees. Failure on the part of the permittee to
comply promptly with said order shall be considered sufficient cause
for revocation of the permit.
(d)
Conditions of all obstruction permits.
[1]
The area of the obstruction for materials shall not be more
than six feet in height without the written authorization of the Town
Board.
[2]
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.
[3]
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, rubbish, snow or ice.
[4]
Except as otherwise provided herein, the permittee shall safeguard
pedestrian and other traffic, erect and maintain suitable protective
barricades and fences around the obstruction or area occupied 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.
[5]
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 Town
Board or, when so ordered by the Town Board, shall provide a safe,
adequate and unobstructed temporary sidewalk around the obstruction
or area occupied.
[6]
Temporary sidewalks, when so ordered, shall wherever practicable
be built to the same level as the existing sidewalk and in such manner
as not to interfere with the free flow of water in the street or gutter.
[7]
The permittee shall also make adequate provision for the safe
passage of vehicular traffic by day and by night. Unless otherwise
directed by the Town, 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.
[8]
Any person who places or causes to be placed in any of the streets
or public places of the Town any building materials, earth, stone,
sand, containers, trailers or any other obstruction shall cause sufficient
light or lights to be maintained at such locations to protect travelers
and pedestrians against damage or injury by reason thereof.
(4)
Damage resulting from street obstruction. Any damage resulting from
the obstruction encumbrance or occupation of a public street, highway
or sidewalk area or from the storage of materials or operation of
construction equipment or machinery shall be repaired by the permittee
to the satisfaction of the Town Board when so ordered.
(5)
Injunctive relief. The Town Board may maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with this article, or to restrain by injunction the violation
of any provision of this article. Such court would be authorized to
award to the Town attorneys' fees, costs and disbursements. The
foregoing provisions for the enforcement of this article are not exclusive,
but are in addition to any and all other laws applicable thereto.
No work may be commenced under any permit granted
pursuant to this article unless or until such notice as shall be directed
by the Superintendent of Highways shall have been given public service
corporations, and such other entities, persons, associations or corporations
as have lines, mains or other property in the streets so as to permit
them to protect their property.
Each permit issued pursuant to the terms of
this article shall be at all times in the possession of the parties
actually, performing the work.
The town, by the issuance of any such permit,
assumes no responsibility for supervising the work of any applicant
or for the work actually performed by any applicant, and shall not
be liable for the negligence of any such applicant.
A.
In the event that an unsafe condition is created in
connection with any work being performed pursuant to a permit issued
hereunder, which condition creates an immediate danger of personal
injury or property damage, the town shall have the right to take whatever
action is necessary and perform such work as is required to restore
the same to a proper and safe condition, and the cost thereof shall
be charged against the applicant and may be deducted from the deposit
made by him or paid by the surety, as the case may be.
B.
In the event that an applicant fails to abide by the
directions issued by the Superintendent of Highways, after twenty-four-hour
written notice of the applicant, if said applicant has not made satisfactory
arrangements to correct the situation, the Superintendent of Highways
may cancel the permit, or otherwise take whatever action is necessary
to remedy the applicant's noncompliance, and the cost thereof may
be charged against the applicant and deducted from the deposit made
by him or paid by the surety, as the case may be.
Any person, firm, association, corporation,
special improvement district, public utility, municipal, state or
other public district which performs work without obtaining the permit
required hereunder shall be liable to pay a penalty not to exceed
$250 for each day work is conducted without such permit.
