Article II Excavation in Streets

SIDEWALK DRAIN or CURB DRAIN

Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the meanings herein indicated:

CITY

The City of Rye.

CITY COUNCIL or COUNCIL

The Council of the City of Rye.

CITY ENGINEER

The City Engineer of the City of Rye or his duly authorized representative.

CORPORATION COUNSEL

The Corporation Counsel of the City of Rye or his duly authorized representative.

DRAINAGE SERVICE LINE

The pipe or conduit laid between its connection point on a stormwater drain and a building or property for the purpose of conducting waste other than domestic sewage and other than injurious water liquids from said building into said stormwater drain.

INVERT

The lowest point in the internal cross section of a sanitary sewer, stormwater drain, house sewer or drain.

PERMIT

The written permission issued by the City Clerk with the approval and signature of the City Engineer, specifically authorizing a person, firm or corporation to perform certain work in accordance with the provisions of the Charter and Code of the City of Rye.

PERMITTEE

The person, firm or corporation obtaining a permit, or his duly authorized representative.

SANITARY SEWER

The lateral or street sewer or manhole built thereon in a public street, highway, sidewalk area, easement or other public area and under the control of the City.

SEWER SERVICE LINE

The pipe or conduit laid between its connection point on a sanitary sewer and a building for the purpose of conducting domestic sewage and noninjurious water liquids from the said building into said sanitary sewer.

The pipe or other conduit laid under or across the sidewalk area between the curb or curbline and the property line for the purpose of conducting roof and surface water from buildings and ground into the gutter.

STORMWATER DRAIN

The lateral or main stormwater drain in a public street, highway, sidewalk area, easement or other public area under the control of the City.

STREET

Any street, avenue, road, alley, lane, highway, boulevard, parking, culvert, sidewalk, crosswalk, every class of public road, square, public way, and includes any private road open to public motor vehicle traffic.

Word usage.

The words "directed," "required," "permitted," "ordered," "designated," "selected," "prescribed," "determined," "certified," "specified" or words of like import used in this article shall mean respectively, the direction, requirement, permission, order, designation, selection, prescription, determination, certification or specification of the City Engineer.

The words "approved," "authorized," "acceptable," "satisfactory," "equal," "necessary," "adequate" "suitable," "competent" or words of like import used in this article shall mean respectively, approved by, authorized by, acceptable to, satisfactory to, equal to, or necessary, adequate, suitable or competent in the opinion of the City Engineer.

A "public service corporation," for the purpose of this article, is a gas and electric corporation, water corporation, telephone corporation or cable television corporation operating an agency or agencies for public service, subject to the jurisdiction, supervision and regulations prescribed by or pursuant to the Public Service Law of the State of New York.

Administration by City Engineer. The City Engineer shall administer and enforce all of the provisions of this article. He shall have the power to adopt rules, regulations and supplemental requirements, with the consent of the City Council, to secure the intent and purposes of this article.

Restrictions as to performance of work.

A permittee shall not begin or carry on any part of the work provided to be done under any permit issued in accordance with the provisions of this article until the permittee has complied with all provisions of the Ned York State Industrial Code Rule 53 (12 NYCRR 53) and Article 36 of the New York State General Business Law.

Exceptions to the foregoing will be for emergencies governed by § 167-9F of this article or as described in 12 NYCRR 53.

The City Engineer shall not be required to inspect any work done under the provisions of this article unless the permittee shall have given said City Engineer not less than 24 hour's notice before beginning work.

No work under the permit shall be performed on Saturdays, Sundays or holidays except with the prior approval of the City Engineer or in the event of an emergency as described herein.

Restrictions during periods of heavy traffic.

No street openings, street obstructions or maintenance operations will be allowed in streets, at the discretion of the City Engineer, on days in which periods of unusually heavy traffic occur, except in cases of emergency specifically certified by the City Engineer.

In the event that openings have not been backfilled and satisfactorily resurfaced, or obstructions removed, on Saturdays, Sundays or holidays or during periods of unusually heavy traffic volume, or at the expiration of the effective period of the permit as provided herein, the City reserves the right to backfill and resurface such openings or to remove such obstructions, by contract or otherwise, at the permittee's own expense.

Expenses incurred by the City.

Any expense that may be incurred by the City in connection with the work to be done under the provisions of the permit and/or in the enforcement of this article shall be deducted from the deposit as herein otherwise provided for. If, for any reason, the amount on deposit is insufficient to pay for the expense incurred by the City, the City Engineer shall not issue another permit to said permittee for any work in any part of the City until the expense incurred by the City is paid by the permittee.

The City Engineer 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 permittee, in which case such permittee shall pay, in addition to the fees provided in § 167-9D, to the City, by check payable to the City of Rye, a weekly amount to be determined and established by the City Engineer for each week or fraction thereof that such work shall be in progress as payment for such inspection.

Said permittee shall be billed by the City of Rye for any inspection and/or expenses incurred by the City by reason of any failure or default on the part of said permittee, as determined and certified by the City Engineer and such bill shall be paid within 30 days after the same shall have been billed by the City. This subsection shall not apply to a public service corporation. (For a public service corporation, see § 167-9F).

Materials.

All materials used or incorporated in any work done under the provisions of this article shall conform to such specifications as may be set forth by the City Engineer.

In general, the current standard specifications of the Engineering Department shall be followed and materials are subject to the prior approval of the City Engineer before they are incorporated in the work.

§ 167-8 Sidewalks, curbs and driveways.

Materials shall, at the discretion of the City Engineer, be submitted to such tests as may, in his opinion, be necessary to determine their quality and acceptability. Such tests may be made in any laboratory designated by the City Engineer, and the City shall be reimbursed by the permittee for any expense incurred by said City on account of such tests.

Requirements. All work related to any permit issued pursuant to the provisions of this article shall be performed by the permittee at said permittee's own expense and strictly in accordance with the provisions of the Code of the City, the applicable rules and regulations as may be set forth by the City Engineer and to the satisfaction of the City Engineer.

Permit to be exhibited. The permit must be in possession of the parties actually doing the work and must be exhibited to the City Engineer or any authorized representative of the City upon request.

Permit revocable. The City Engineer shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants and conditions thereof.

Permit not transferable. The permit shall not be assigned or transferred except upon the written prior consent of the City Engineer.

Cleaning up. The permittee shall clean up and remove promptly from the site of the work, upon completion thereof, all surplus excavated material and debris and shall leave the site of the work in a neat and orderly condition. Where topsoil, seeded areas or sod are disturbed in the course of the work, the permittee shall restore the ground surfaces to satisfactory condition.

Waiver or payment of fees by public service corporations. A public service corporation as defined in this article shall not be required to pay the fees otherwise prescribed in this article where said corporation is required to relocate its facilities at its own cost and expense in connection with and within the limits of a street improvement project or other public works project carried on by the City of Rye, County of Westchester or State of New York when said relocation is made necessary by said project.

Noise, dust and debris. Each permittee shall conduct and carry out his work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the work, noise, dust and unsightly debris, and, between the hours of 10:00 p.m. and 7:00 a.m., shall not use, except in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

Preservation of monuments. The permittee shall not disturb any surface monuments found within his excavation area. Any monument that is damaged or disturbed as a result of work performed by a permittee shall be reset and certified as to location by a New York State licensed land surveyor at the permittee's expense.

Nonliability of City. This article shall not be construed as imposing upon the City or any official or employee any liability or responsibility for which an excavation permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.

Penalties for offenses. Any person violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $100 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. Each day such violation shall continue shall constitute a separate offense.

Permit required.

No person, firm or corporation shall construct, remove, replace or repair a sidewalk, curb or driveway within the limits of any public street, highway or other public property, without first obtaining a written permit for such work.

A permit will not be required, however, if an existing driveway is to be resurfaced.

Such permit shall be valid for an effective period not to exceed 60 days. Such effective period may be extended if so requested in writing by the permittee prior to the expiration thereof, for such additional period as the City Engineer, at his discretion, may authorize and after payment of an additional fee in the same amount as the original.

Application for permit. Any person, firm or corporation desiring a permit for such work shall make application therefor to the City Engineer upon forms provided for that purpose. 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 performed, the location of such property, the sheet, block and lot designation thereof, the extent and nature of the work to be done, together with such necessary sketches and additional information as the City Engineer 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 Code of the City and the applicable rules and regulations of the Engineering Department and that the City is to be saved harmless from any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of said applicant, his servants or agents, in connection with any of the work done or in connection with said permit.

Insurance required.

No permit for any work described in § 167-8A of this article shall be issued by the City Clerk until the applicant shall have first placed on file with the City Clerk, without cost to the City, an insurance policy designating the City of Rye as sole insured. Said insurance policy shall have the following limits; $100,000 for any one person and $500,000 for any one accident for personal injury and at least $50,000 for any one accident and $100,000 in the aggregate for property damage.

The policy shall include a contractual "hold harmless" clause, exactly as follows: "The contractor shall, during the performance of his work, take all necessary precautions and place proper guards for the prevention of accidents, shall put up and keep all night suitable and sufficient lights, and shall indemnify and save harmless the City and its employees, officers and agents, from all claims, suits and actions and all damages and costs to which they may be put by reason of death or injury to all personal or property of another resulting from unskillfulness, willfulness, negligence or carelessness in the performance of the work, or in guarding and protecting the same, or from any improper methods, materials, implements or appliances used in its performance or construction, or by or on account of any direct or indirect act or omission of the contractor or his employees or agents, and whether or not any active or passive or concurrent or negligent act or omission by the City or any of its employees, officers or agents may have directly or indirectly caused or contributed thereto."

Fees. No permit for the construction, removal, replacement or repair of the sidewalk, curb or driveway shall be issued by the City Clerk until the applicant shall have paid to the City Clerk, in cash or by check payable to the City of Rye, a fee of $30 or 10% of the amount of the deposit, whichever is greater, when such work or any part thereof is to be performed in streets, except that no fee shall be required for the construction, removal, replacement or repair of a curb location within the limits of a county road under the jurisdiction of the County Commissioner of Public Works or within the limits of a state highway under the jurisdiction of the State Commissioner of Transportation.

[Amended 12-16-1992 by L.L. No. 19-1992]

Deposits.

No permit for the construction, removal, replacement or repair of a sidewalk, curb or driveway shall be issued by the City Clerk until the applicant shall have first paid to the City Clerk, in cash or by check payable to the City of Rye, a deposit in the amount to be determined in accordance with the following unit prices for work to be done as determined by the City Engineer:

Sidewalk to be constructed, removed or replaced, for each square foot: $2.

Driveway to be constructed, removed or replaced, for each square foot: $2.

Curb to be constructed, removed or replaced, for each linear foot: $12.

(d)

Depressed curb. For lowering, raising or cutting curb, or setting depressed curb for driveway entrance, for each linear foot: $12.

The deposit shall be retained by the City until the final completion of the work to be done pursuant to the terms of the permit, 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.

Upon the failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on its part to be done and performed, said deposit may be used by the City for any expense incurred by the City by reason of such failure or default on the part of the permittee.

Any balance left after the expense of such failure or default, as determined by the City Engineer shall be refunded to the permittee.

Work to conform City specifications. Sidewalks, curbs and driveways shall be constructed, removed, replaced or repaired in accordance with such grades and specifications as may be determined or set forth by the City Engineer, and the permittee shall perform the work so as to meet the grade and alignment of the adjoining sidewalk, curb or driveway and/or such established line and grade as may be determined by the City Engineer and in accordance with his directions.

Depressed curb for driveway entrance.

Upon prior written approval of the City Engineer and subject to the provisions of this article, existing curbs may be lowered, as provided hereunder, for the purpose of providing driveway entrances or exits.

The City Engineer shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing a driveway entrance if, in his opinion, the actual or intended use of such driveway entrance would endanger pedestrians or create a traffic hazard.

Prior to the issuance of a permit for a depressed curb fronting an existing building, the permittee shall obtain written approval from the Building Inspector, stating that the use created by the proposed depressed curb is not in violation of Chapter 197 of the Code of the City of Rye.

Bluestone and granite curbs may be cut. Concrete curbs shall not be cut. If the curb is not cut to the satisfaction of the City Engineer, it shall be removed and replaced.

The cutting or lowering of existing curbs or the construction of new depressed curbs for the purpose of providing driveway entrances or exits will not be allowed unless the permittee shall provide and install in each case, during the effective period of the permit, an adequate driveway ramp or apron between said curb and the abutting property line and extending over the entire width of the existing or proposed driveway.

Said driveway, ramp or apron shall be surfaced with reinforced concrete seven inches in thickness or not less than three inches of bituminous surfacing material over four inches of crushed stone of satisfactory workmanship and construction.

The portion of a curb so depressed shall not exceed 25 feet in length, or lesser limits as shall be established by City Engineer at his discretion.

The portion of driveway ramp or apron common with the sidewalk and forming a part thereof shall consist of reinforced concrete seven inches in thickness.

§ 167-9 Procedures for street openings.

When a depressed curb or portion thereof is no longer used or needed for driveway entrance purposes, the owner of property fronting thereon shall, upon the written order of the City Engineer and within 30 days following such written order, raise and restore such depressed curb and apron or such portion thereof to its full height to conform to adjoining curbs and sidewalks or to such grade as shall be established by the City Engineer.

Pedestrian and vehicular traffic. Pedestrian and vehicular traffic is to be adequately protected by the permittee by means of suitable protective barricades and lighted yellow flashing lights around the work and the work is to be so arranged as to cause a minimum of inconvenience and hazard to such pedestrian and vehicular traffic.

Permit required.

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 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 a sidewalk, curb or driveway, as set forth in § 167-8 of this article, in lieu of a permit for street opening.

No person, firm or corporation shall make or cause to be made any connection into a sanitary sewer or stormwater drain in an easement or right-of-way across private property, said sanitary sewer or stormwater drain forming a part of the sewer, drainage or water distribution system, respectively, of the City of Rye, without first obtaining from the City Engineer a written permit for a street opening.

Such permit shall be valid for an effective period not to exceed one year, to be determined and specified therein by the City Engineer. Such effective period may be extended, if so requested in writing by the permittee prior to the expiration thereof, for such additional period as the City Engineer, at his discretion, may authorize and after payment of an additional fee in the same amount as the original.

All insurance required originally must still be in force when restoration is performed.

Application for permit.

Any person, firm or corporation desiring a permit for a street opening shall make application therefor to the City Engineer for each such opening of forms provided for that purpose.

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, the location of such property, the sheet, block and lot designation, 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 City Engineer 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 Code of the City and the applicable rules and regulations of the Engineering Department.

Insurance required. No permit for a street opening shall be issued by the City Clerk until the applicant shall have first complied with the requirements of § 167-8C of this article.

Fees. No permit for a street opening shall be issued by the City Engineer until the applicant shall have first paid to the City Engineer, in cash or by check payable to the City of Rye:

[Amended 4-4-1990 by L.L. No. 9-1990; 12-16-1992 by L.L. No. 19-1992; 12-18-1996 by L.L. No. 15-1996; 12-18-2002 by L.L. No. 11-2002; 6-15-2011 by L.L. No. 3-2011]

A deposit to be determined as provided hereunder and as set forth in the fee schedule; and

A fee as set forth in the fee schedule or 10% of the amount of the deposit, whichever shall be greater, except that whenever a permittee has filed a bond in lieu of a deposit, in accordance with Subsection F of this section, said fee shall be established on a per linear foot basis of street opening measured along the length of the street opening or the fee as set forth in the fee schedule, whichever shall be greater. No fee shall be charged to a public service corporation for the installation or relocation of 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; and

A surcharge for each street opening permit. The surcharge shall be set annually by the City Council as set forth in the fee schedule.

Test holes (keyhole openings). The fee for test holes is set forth in the fee schedule.

Deposits.

[Amended 12-18-2002 by L.L. No. 11-2002]

The amount of deposit for street openings shall be computed in accordance with the following unit prices for pavements or other areas to be disturbed or work to be done, as determined by the City Engineer, except that no deposit shall be required in the case of an opening made in an area other than a sidewalk, located within the limits of a county road under the jurisdiction of the County Commission of Public Works, or within the limits of a state highway under the jurisdiction of the State Commissioner of Transportation, nor shall a deposit be required for connecting to a stormwater drain or other structure under the jurisdiction of said County Commissioner of Public Works or State Commissioner of Transportation:

Concrete or reinforced concrete pavement to be disturbed, for each square yard: $200.

Asphalt surfaced pavement to be disturbed, for each square yard: $120.

Sidewalks, asphalt, to be disturbed, for each square foot: $5.

(d)

Sidewalks, other types, to be disturbed, other than for the installation of underground storage tanks, for each square foot: $5.

(e)

Curbing, asphalt, to be disturbed, for each linear foot: $10.

(f)

Curbing, other types, to be disturbed, for each linear foot: $10.

(g)

All other types of pavement to be disturbed, for each square yard: $75.

(h)

Unpaved surfaces, of any type, to be disturbed, for each square yard: $50.

(i)

Structures. Connection to an existing manhole, catch basin or other structure, for each separate connection: $150.

(j)

Structures. Construction of new manhole, catch basin or other structure, for each separate structure: $1,000.

(k)

Test borings on any public street or other public area, for each boring hole: $25.

(l)

Connection of sewer or drainage service line to sanitary sewer or stormwater drain, for each separate connection: $250.

(m)

Installation of underground storage tanks or vaults in sidewalk area: in an amount to be recommended by the City Engineer and set annually by the City Council before adoption of the budget for the following year.

(n)

Driving small pipes under pavements or sidewalks (amount of deposit to be based on area which would have been disturbed if work had been performed by open-cut trenching method) minimum amount of deposit for each street opening: $500.

When the permittee exceeds maximum size of opening or work specified in permit, said permittee shall, when so ordered and before proceeding with the work, pay to the City Clerk such additional amounts of deposit as the City Engineer may require. Failure on the part of the permittee to comply promptly with said order will be considered sufficient cause for revocation of the permit.

Disposition of deposits. The amount of deposit shall be retained by the City for the duration of the period of maintenance as defined hereinbelow.

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 by the City for any expense incurred by the City by reason of such failure or default on the part of the permittee.

Any balance left, after the expense of such failure or default as determined by the City Engineer, shall be refunded to the permittee.

Period of maintenance. The period of maintenance shall be considered as a period of 24 months after the date of final completion, as determined by the City Engineer, of the work to be done pursuant to the terms of the permit; except, however, that in the event that the termination of said twenty-four-month period falls within the months of December, January, February, March or April, then the period of maintenance shall be considered as extending until the first day of the following May.

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 City Engineer reserves the right, at said City Engineer'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 § 167-7D of this article and the permittee shall have no claim against the City for the loss of anticipated profits or for any losses by reason thereof.

Public service corporation.

Unless otherwise agreed upon between a public service corporation and the City of Rye, a public service corporation may, in lieu of deposit hereinbefore specified for a street opening, file and keep on file with the City Clerk a bond in the amount of $15,000. Said bond shall have a minimum rating of A+13 as contained in Best's Key Rating Guide and said bond is to be approved as to form, amount and sufficiency of surety by the Corporation Counsel. Said bond 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.

Said bond provided for hereinabove shall be considered as a deposit, and the provisions of § 167-9E of this article in regard to the disposition of deposits shall apply to a public service corporation in the same manner as specified for other permittees in said § 167-9E of this article.

A public service corporation may, in lieu of the insurance hereinbefore specified for a street opening, file and keep on file with the City Clerk an agreement, approved as to form and content by the Corporation Counsel, to indemnify and save harmless the City of Rye 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 any such suits, actions or proceedings which may be instituted against the City of Rye.

The City Engineer 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 § 167-9D, where a bond is filed in lieu of a deposit.

Said public service corporation shall be billed by the City for any expenses incurred by the City by reason of any failure or default on the part of said corporation as determined and certified by the City Engineer and any such bill shall be paid within 30 days after same shall have been billed by the City.

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 § 167-8C of this article, and provided further that said public service corporation shall make application for the necessary permit not later than 24 hours (Saturdays, Sundays and holidays not included) after said opening has been commenced. In any such case, the public service corporation shall notify the City prior to performing any work.

Protection of existing structures. It shall be the duty of the person, firm or corporation by whom any street opening is to be made for any purpose whatsoever, to notify the operators of all underground facilities 48 hours prior to commencing any work within the City of Rye in conformance with Rule No. 53 of the Industrial Code of the State of New York.

Damage of existing improvements. All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the City Engineer shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee.

Maintaining and protecting traffic.

The permittee shall erect and maintain suitable barricades and fences 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 City Engineer may require that the work be so arranged as to make possible the complete removal of obstructions to traffic on Saturdays, Sundays and holidays and, at the discretion of the City Engineer, during periods of unusually heavy traffic volume. In the event that such requirement is not complied with by the permittee, the City Engineer may, at 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 expenses incurred thereby in accordance with the provisions of § 167-7D and E of this article, and the permittee shall have no claim against the City for loss of anticipated profits or for any other losses by reason thereof.

The City Engineer may permit the closing of streets to all traffic for a period of time prescribed by him if, in his opinion, it is necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the Department of Police. The following steps shall be taken before any highway may be closed or restricted to traffic:

The permittee must receive the approval of the City Engineer and the Department of Police therefor.

The permittee must notify the Driver - Clerk of the Fire Department of any street so closed.

Upon completion of construction work, the permittee shall notify the City Engineer and the Department of Police before traffic is moved back to its normal flow so that any necessary adjustments may be made.

(d)

Where flagmen are deemed necessary by the City Engineer, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the City Engineer will designate detours. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment.

Warning flags or signs and suitable lighted yellow lights shall be provided if so ordered by the City Engineer, in accordance with his direction.

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.

§ 167-10 Excavating and backfilling street openings.

Unless otherwise authorized by the City Engineer, vehicular traffic shall be maintained at all times during the progress of the work being performed under the permit.

Poles and wires. No person, firm or corporation shall erect or cause to be erected any telephone, electric light or electric transmission pole or poles, or install any conduits or change the location thereof, or string any wires in, over or upon any street, highway, or public place without first obtaining a permit therefor from the City Clerk.

Maximum size of openings. Where trenches fall within the roadway pavement or the sidewalk, they shall be covered daily with adequate size steel plates, as ordered by the City Engineer, to permit the flow of vehicular or pedestrian traffic. At no time shall the length of the street opening exceed 1/3 of the roadway pavement or the maximum length established by the City Engineer after due consideration is given to the amount of vehicular traffic and to the width of the pavement.

Excavated material. Excavated material shall be stored in neat piles, so placed as to cause the least interference with the use of the roadway or sidewalks. If so ordered by the City Engineer, such excavated material shall be promptly removed from the site of the work.

Sheathing and shoring.

The permittee shall comply with all regulations of the New York State Department of Labor pertaining to sheathing and shoring.

Whenever conditions make it necessary, the City Engineer may require that the sheathing be driven ahead of the excavation as the excavation proceeds.

Unless otherwise authorized in writing by the City Engineer, sheathing and shoring shall be left in place with a cutoff line 18 inches below ground surface.

Rock excavation.

In rock excavation, drilling and blasting shall be conducted with all possible care. All blasting operations shall be conducted in strict accordance with the existing code and regulations relative to rock blasting and the storage and use of explosives. A blasting permit must be obtained from the City Clerk in all instances.

The permittee shall use the utmost caution in properly protecting all surface and subsurface structures from the effect of blasting, and any damage done to such structures shall be promptly repaired by the permittee, or by such other parties as the City Engineer may direct, at said permittee's own expense.

Sufficient warning shall be given to all persons in the vicinity of the work before blasting. The site of the blast shall be covered with blasting mats or other devices to prevent damages from flying rock fragments.

The permittee shall give adequate notice to the City and to the appropriate public service corporations before proceeding with blasting in the vicinity of water mains, sanitary sewers, stormwater drains and other drains or other public utility lines.

Backfilling.

Streets requiring controlled density fill are as follows:

Boston Post Road

Central Avenue

Elm Place

Forest Avenue

Highland Road

Grace Church Street

Locust Avenue

Milton Road

Oakland Beach Avenue

Osborn Road

Purchase Street

Purdy Avenue

Stuyvesant Avenue

Theall Road

Whenever an excavation is made in any of the streets listed above, or, if in the opinion of the City Engineer the excavation, size or material warrants it, a controlled density fill must be used for backfilling. The controlled density fill used shall attain a minimum compressive strength of 40 pounds per square inch (psi), a maximum strength of 150 psi (twenty-eight day), and an allowable minimum bearing strength of 5,000 pounds per square foot (psf). The controlled density fill shall be brought up to the bottom grade of the concrete or binder, depending on the type of roadway.

If any excavation in any of the streets listed above is backfilled without a controlled density fill, the permittee shall forfeit the deposit and the City Engineer shall have the authority to deny said permittee any future permit.

Backfilling for all areas not requiring controlled density fill. No backfilling shall be done by the permittee until the work being done under the permit shall have first been inspected and backfilling authorized by the City Engineer. In case of nonconformity with this requirement, the permittee shall forfeit the deposit and the City Engineer shall have the authority to deny said permittee any future permit.

The material used to backfill the bottom of the trench up to a level of two feet above the completed pipe or other structure shall be clean earth, sand or rock dust and shall contain no broken rock, stone or frozen earth.

Above a level two feet higher than the top of the completed pipe or other structure, the material used for backfill shall be approved material containing no frozen earth and not more than 1/3 broken rock and no stone or piece thereof shall exceed 1/2 cubic foot in size.

The space between the pipe or other structure and the bottom and sides of the trench shall be packed full by hand and thoroughly tamped as fast as placed and up to the level of the top of the pipe or other structure, which shall then be covered by hand to a level of at least two feet higher than the top thereof, material being carefully deposited and tamped in layers not more than six inches thick.

Backfilling above the level of two feet above the top of the pipe or other structure shall be done in successive horizontal layers not exceeding one foot in depth and each layer shall be thoroughly compacted by means of approved mechanical tamping equipment or by such other means as may be approved by the City Engineer.

Compacting the backfill by means of flooding or puddling with water will not be allowed.

Driving small pipes. Tunneling under pavement or sidewalks will not be allowed, but small pipes or conduits having a dimension of six inches or less may be driven beneath pavements or sidewalks in such a manner that the surface shall not be disturbed or injured, and provided that:

Prior written approval of the City Engineer is obtained.

No excavation in connection therewith shall be closer than one foot to the edge of a sidewalk or 18 inches to the edge of a pavement.

Such pipes or conduits shall be enclosed in sleeves or larger pipes so that required replacements or repairs may be made in the future without disturbance or injury to the pavement or sidewalk.

In the event of damage to a pavement, sidewalk or subsurface pipe or structure caused by driving such pipe or conduit, the permittee shall repair and make good the damage at the permittee's own expense.

§ 167-11 Sewer and drainage lines.

Service lines.

The installation and repair of sewer and drainage service lines, within the limits of any public street, highway, easement or other public property, and the connection of such service lines to the sanitary sewers and stormwater drains of the City shall be done in accordance with the provisions of the rules and regulations of the Engineering Department and shall also conform to such specifications as may be promulgated by the City Engineer.

A sewer service line, between its connection point at the sanitary sewer and the building, shall be a heavy cast-iron pipe with lead joints or such other approved types of joints as may be allowed by the New York State Plumbing Code and shall be laid by a plumber licensed in the City of Rye.

A drainage service line between its connection point at the stormwater drain and the property line shall be of heavy cast-iron pipe with lead or other approved joints, reinforced concrete pipe or other pipe approved by the City Engineer.

Such service lines shall be laid on a straight alignment and uniform gradient of not less than 1/4 inch per foot unless otherwise specifically authorized by the City Engineer and having all changes in direction made with approved fittings.

Restriction as to type or amount of discharge.

No domestic sewage nor industrial wastes and no injurious waste substances shall be discharged into a stormwater drain, watercourse or body of water through any connection thereto.

No stormwater connection from any building or yard, nor any drain from any catch basin, lake, swamp, pond or swimming pool, nor any inlet for surface water, stormwater or groundwater of any kind shall be connected to the City sewer system or to any private sewer connected to any such public sewer.

No industrial wastes nor any injurious waste substance shall be discharged into a sanitary sewer unless the method and degree of treatment, prior to discharge, has been approved by the Commissioner of Public Works of Westchester County and the Commissioner of Public Health of Westchester County.

Subject to the prior approval of the City Engineer, waste lines from a swimming pool shall be connected into a sanitary sewer.

Connections.

Except as otherwise provided hereinbelow, connections to sanitary sewers and stormwater drains shall be made by means of forty-five-degree and ninety-degree sewer pipe saddles of approved size as manufactured by the JM Manufacturing Co., Inc. or an approved equal.

The use of an existing Y-branch or other existing fitting for the purpose of connecting a service line thereto shall be allowed only when such branch or fitting is already available and in place as a part of the sanitary sewer or stormwater drain, is in satisfactory condition and at an acceptable location, and is of adequate size to receive said service line.

Whenever the proposed service line is greater than four inches when the sanitary sewer or stormwater drain is six inches or less; or greater than five inches when the sanitary sewer or stormwater drain is eight inches or less; or greater than six inches when the sanitary sewer or stormwater drain is 10 inches or less, a manhole shall be built over said sanitary sewer or stormwater drain at the point of connection. The above sizes refer to the internal diameter of the pipe or conduit.

Sewer pipe saddle connections and other approved types of connections shall be installed in such a manner that the invert of said connection shall be higher than the invert of the sanitary sewer or stormwater drain by an amount not less than 1/2 the vertical diameter of said stormwater drain unless otherwise authorized by the City Engineer.

Connections to an existing cast-iron pipe sanitary sewer or stormwater drain shall be made by burning an opening in said pipe in an approved manner or by such other means as may be authorized by the City Engineer.

When the difference in invert elevation in the manhole at the point of connection exceeds three feet, a drop connection shall be installed in said manhole.

Adequate provision shall be made so that the discharge from a service line within a manhole shall be conducted smoothly into and in the direction of the flow of the main channel of the sanitary sewer or stormwater drain by means of a built-up channel or by extending said service line partly into the manhole, as may be necessary and in such manner as may be approved by the City Engineer.

Construction of new manholes, drop connections and any other necessary structures and connections to existing structures shall conform to such specifications as may be promulgated by the City Engineer. In general, the current standards, specifications and construction details of the Department of Engineering shall be followed subject to the prior approval of the City Engineer.

In the event that the sewer or drain connection is not installed under the supervision and the approval of the City Engineer or his authorized personnel, the permittee shall forfeit the deposit and the City Engineer shall have the authority to deny said permittee any future permit.

Drainage from business, commercial, industrial and other buildings. Roof and other drainage from properties on which buildings are hereinafter constructed to be used in whole or in part for business, commercial, industrial or other public purposes shall be discharged through drainage service lines directly into a stormwater drain through an approved connection thereto when such a stormwater drain is available and unless such connection, in the opinion of the City Engineer, is deemed impracticable.

Sidewalk and curb drains.

Unless otherwise authorized in writing by the City Engineer, drainage outlets laid under or across the sidewalk area between the property line and the curbline and discharging into the gutter or into a catch basin or curb inlet, shall be approved cast-iron or steel construction.

When holes are cut through curbs for the purpose of providing drainage outlets, care shall be taken not to damage the curb, and any damage or injury to said curb shall be repaired by the permittee at the latter's own expense and to the satisfaction of the City Engineer.

§ 167-12 Resurfacing.

Temporary resurfacing.

Immediately after backfilling the excavation, the permittee shall place thereon an acceptable temporary resurfacing as provided hereinbelow. Such temporary resurfacing shall be maintained even with the roadway or other surface, as directed, until permanent restoration of the surface is ordered by the City Engineer.

The temporary resurfacing shall consist of not less than two inches of approved premixed asphalt paving material, except that where topsoil, seeded areas or sod have been disturbed by the excavation or by any work related thereto, the permittee shall restore the entire ground area to the same condition as existed before the work began.

The permittee is responsible for maintaining the temporary resurfacing in such a manner as to avoid creating a hazard to vehicular or pedestrian traffic.

Permanent restoration of the surface over a street opening excavation shall not be made until satisfactory settlement of the backfill has taken place or, if the excavation is in a street which requires controlled density fill, the restoration can be made as soon as the controlled density fill attains a minimum strength of 50 psi.

Concrete pavements.

Before proceeding with pavement resurfacing the existing concrete pavement shall be neatly cut back a distance of not less than 12 inches beyond the edges of the excavation, care being taken not to remove any existing steel reinforcement. Such distance shall not be reduced without prior approval of the City Engineer and may be increased as provided hereunder.

Where the existing pavement has been undermined by the excavation or by any work connected therewith or where spalled or scaled surface areas of existing pavement adjoin the area to be resurfaced, the permittee shall remove additional pavement beyond the distance stated hereinabove, as ordered by the City Engineer.

In the event that any portion of the proposed concrete resurfacing, as finally determined by the City Engineer as provided hereinabove, is nearer than four feet from a joint, then such removal shall be extended to said joint. The smallest horizontal dimension of the concrete resurfacing shall be not less than four feet.

None of the subgrade so exposed shall be disturbed in any way except when, in the opinion of the City Engineer, such subgrade is unstable, in which case the unstable material shall be removed as ordered and replaced with approved stable material in layers not to exceed four inches, each layer being thoroughly compacted.

The upper edges of the existing concrete pavement shall be uniformly plumbed and tooled for a depth not to exceed one inch, the remaining depth being left with straight but rough edges.

Reinforcement, consisting of six-inch-by-six-inch 6/6 welded-wire fabric shall be placed two inches above the subgrade and shall be adequately tied in with the existing reinforcements, if any.

The concrete shall be proportioned, mixed, placed, finished and cured as ordered. The City Engineer may, at his discretion, require the use of an approved high-early-strength cement placed under approved methods. The use of admixtures and work in freezing weather will be allowed only with the City Engineer's prior approval and as directed.

Approved joints shall be installed where directed.

The resurfaced area shall not be opened to traffic for 48 hours or until so ordered by the City Engineer.

Asphalt/composite pavement.

[Amended 7-26-2018 by L.L. No. 5-2018]

Asphalt concrete surface on existing concrete base.

Prior to the replacement of the asphalt concrete surface, the subgrade shall be properly prepared and a reinforced concrete foundation of required thickness and proportions shall be placed thereon, all in accordance with the requirements of concrete pavements outlined before.

The existing asphalt concrete pavement shall then be restored in accordance with Subsection C(2), Asphalt concrete pavement, below.

Asphalt concrete pavement. All final pavement restoration limits shall follow the guidelines depicted in the minimum pavement restoration limits diagram as adopted by the City Council and amended from time to time. The minimum pavement restoration limits diagram shall be maintained by the City Engineer. The edges of all trenches shall receive a liberal application of asphaltic emulsion to seal edges.

All asphalt patches shall be sealed using hot-joint sealer on all joints formed between old pavement and new work.

Other surfaces. Any other surfaces disturbed by reason of the work performed under the permit shall be restored by the permittee as directed by the City Engineer.

It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition as it was prior to the excavation for two years after restoring it to its original condition.

Work may be done by City. The City Engineer may, at his discretion, cause any or all of the work contemplated in this article to be done 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 § 167-7D of this article, and the permittee shall have no claim against the City for loss of anticipated profits or for any other losses by reason thereof.

§ 167-13 Street obstructions.

Permit required.

No person, firm or corporation shall obstruct, encumber or occupy in any manner or for any purpose whatsoever any public street, highway or sidewalk area without first obtaining therefor, from the City Clerk, a written permit for street obstruction.

The use and operation of construction machinery or equipment which obstructs, encumbers or occupies any portion of a public street, highway or sidewalk area will not be allowed unless a written permit for street obstruction has first been obtained from the City Clerk.

Such permits shall be valid for an effective period of 30 consecutive calendar days. Said effective period shall be determined and specified therein by the City Engineer. Such effective period may be extended if so requested in writing by the permittee prior to expiration thereof for such additional period as the City Engineer may, at his discretion, authorize.

Application for permit. Any person, firm or corporation desiring a permit for street obstruction shall make application therefor to the City Engineer upon forms provided for that purpose. Said application shall contain the names and addresses of the applicant and of the owner of the property in front of which the street obstruction if proposed, the location of such property, sheet, block and lot designation thereof, the extent and nature of the proposed obstruction, the date or dates thereof, together with such necessary sketches and additional information as may be required by the City Engineer, and a signed statement by the applicant that said applicant agrees to abide by all the conditions of the permit, the provisions of the Code of the City of Rye and the applicable rules and regulations of the Engineering Department.

Insurance required.

No permit for a street opening shall be issued by the City Engineer until the applicant shall have first complied with the requirements of § 167-8C.

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 Rye of any modification or cancellation of any such insurance.

Fees. No permit for street obstruction shall be issued by the City Clerk until the applicant shall have first paid to the City Clerk in cash or by check payable to the City of Rye:

[Amended 12-16-1992 by L.L. No. 19-1992]

A deposit in an amount to be determined as provided hereunder.

A minimum fee of $100 or 10% of the amount of the deposit, whichever is greater.

Deposits.

The amount of deposit for street obstructions shall be computed in accordance with the following unit prices for areas to be obstructed, encumbered or occupied as determined by the City Engineer:

For the storage of materials or any operation in connection with the erection, demolition, repair, alteration or reconstruction of a building; for the loading, unloading and/or operation of construction equipment or machinery in connection with the erection, demolition, repair, alteration or reconstruction of a building, for each square foot: $1.

Minimum amount of deposit for each street obstruction: $100.

When the permittee exceeds maximum authorized obstruction specified in the permit, said permittee shall, when so ordered, pay to the City Clerk such additional amounts of deposit as the City Engineer may require. Failure on the part of the permittee to comply promptly with said order shall be considered sufficient cause for revocation of the permit.

The deposit shall be retained by the City until expiration of the permit as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on its part to be done and performed, said deposit may be used by the City for any expense incurred by the City by reason of such failure or default on the part of the permittee, and without prior notice thereof to the permittee, and said permittee shall have no claim against the City for loss of anticipated profits or for any losses by reason thereof.

Any balance left after the expense of such failure or default, as determined and certified by the City Engineer, shall be refunded to the permittee.

Permissible area of obstruction.

In the case of a permit issued by the City Clerk for a street obstruction related to the erection, demolition, repair, alteration or reconstruction of a building, the permissible area of the street, highway or sidewalk to be obstructed, encumbered or occupied shall be determined and specified by the City Engineer.

Unless otherwise authorized in writing by the City Engineer, the permittee shall conduct his operation under the permit for street obstruction in such a manner that no more than 1/4 of the total width of a street or highway pavement or surface shall at any time be obstructed or a maximum width of obstruction of seven feet, whichever is least.

The permittee shall, at all times, keep clear and unobstructed and 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.

Except as otherwise provided herein, the permittee shall at all times also keep clear and unobstructed 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.

Safeguarding pedestrian and other traffic.

Except as otherwise provided herein, the permittee shall 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.

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 City Engineer or, when so ordered by the City Engineer, shall provide a safe, adequate and unobstructed temporary sidewalk around the obstruction or area occupied.

Temporary sidewalks, when so ordered, shall wherever practicable be built to the same level as the existing sidewalk and in such a manner as not to interfere with the free flow of water in the street or gutter.

§ 167-14 Containers for construction debris.

The permittee shall also make adequate provision for the safe passage of vehicular traffic by day and by night. 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.

Loading and unloading across sidewalk. No permit for street obstruction shall be required for the loading or unloading, across a sidewalk area of goods, wares or merchandise which are in the process of being transferred to or from trucks or other vehicles standing at the curbline; provided, however, that such loading or unloading shall be conducted in the most prompt manner possible and shall be subject to such laws and ordinances as may be adopted by the City.

Damage resulting from street obstructions. 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 City Engineer when so ordered.

Lights required for obstructions. Any person who places or causes to be placed in any of the streets or public places of the City 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.

Permit required.

No person, firm or corporation shall place or cause to be placed any container used for collection and storage of construction debris in any street, sidewalk area or public place, without first obtaining a written permit for said container from the City Clerk.

Such permits shall be valid for an effective period stated on the application not to exceed 30 consecutive calendar days. Such effective period may be extended, if so requested in writing by the permittee prior to expiration thereof, for such additional period as the City Engineer, at his discretion, may authorize.

Application for permit. Any person, firm or corporation desiring a permit for placing a container for collection and storage of construction debris in a public street, shall make application therefor to the City Engineer upon forms provided for that purpose. Said application shall contain the names and addresses of the applicant and of the owner of the property in front of which the container is to be placed, the location of such property, sheet, block and lot designation thereof, and a signed statement by the applicant that the said applicant agrees to abide by all the conditions of the permit, the provisions of the Code of the City and the applicable rules and regulations of the Engineering Department.

Insurance required.

No permit for a container, as described in § 167-14A, shall be issued by the City Engineer until the applicant shall have complied with § 167-8C of this article.

Such insurance must remain in force through 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 Rye of any modification or cancellation of any such insurance.

Deposits and fees. No permit for a container for the collection and storage of construction debris stored in a public street shall be issued by the City Clerk unless and until the applicant heretofore has paid, in cash or by check payable to the City of Rye, the following amounts:

[Amended 12-16-1992 by L.L. No. 19-1992; 12-18-1996 by L.L. No. 15-1996]

A deposit of $150 per location, per container.