[Amended 3-13-1986; 11-19-1990]
A.
No person, other than a duly authorized City officer
or employee, shall make any openings or remove any pavements or sidewalks
in any street, avenue, alley, curb or public place in the City of
Albany without a permit from the Commissioner of the Department of
General Services or his designee.
[Amended 11-18-1996 by Ord. No. 27.102.96; 6-21-2021 by Ord. No. 15.51.21]
B.
The fee for a permit shall be set by the Commissioner
of the Department of General Services. The fee for the opening shall
be $5 per square foot. Should an opening require a fee of $2,500 or
more, the Commissioner or his designee may require the party making
the opening to post a performance bond of 10% of the expected cost
of repair, which bond will be returned to the party making the opening
upon completion and approval of the repair by a City inspector.
[Amended 5-19-2008 by Ord. No. 25.42.08; 6-21-2021 by Ord. No. 15.51.21]
C.
Permits issued hereunder shall not be transferable.
D.
In an emergency situation requiring the immediate opening or removal of any pavements or sidewalks in any street, avenue, alley, curb or public place a permit must be filed with the Department of General Services within 72 hours of the opening or removal, or the Commissioner of the Department of General Services or his designee may impose a fine on the party that performed the opening or removal in accordance with § 323-76 of this article.
[Added 6-21-2021 by Ord.
No. 15.51.21]
[Added 10-7-1991]
A.
Whenever a street or a portion of a street is to be closed to traffic or parking is to be prohibited, or there is to be a disturbance in the public right of way for eight or more hours on one day or over a period of several days, the Commissioner may require, as a condition of the issuance of a permit under § 323-66, a program of public notification which may include the following:
[Amended 6-21-2021 by Ord. No. 15.51.21]
B.
Notification should include expected date and time
of commencement and completion of work, hours that the street shall
be closed to traffic, the date and times temporary parking restrictions
will be in effect and the availability of alternate routes, if applicable.
[Amended 11-18-1996 by Ord. No. 27.102.96; 6-21-2021 by Ord. No. 15.51.21]
Application for a permit shall be made to the
Commissioner of the Department of General Services or his designee,
on provided forms, which shall describe the location, number, purpose
and size of the openings to be made, the kind of pavement or sidewalk
to be removed, the time when such openings are desired and the length
of time the openings will remain open, together with such other information
regarding the work as the Commissioner of the Department of General
Services or his designee may require.
Before a permit is granted, the applicant shall
provide a certificate of insurance of a duly authorized insurance
company, in the sum of $1,000,000 designating the City as a named
insured and evincing coverage to indemnify and save harmless the City
of Albany from all loss, damage, cost and liability whatever which
the City may sustain or incur by reason of any accident, act or omission
of the person to whom such permit is granted or any person employed
by him while engaged in such employment and performing any of the
work done under or pursuant to such permits.
[Amended 6-21-2021 by Ord. No. 15.51.21]
In order to preserve and protect the historic
and aesthetic integrity of the City's infrastructure, the permittee
will replace any excavated road or sidewalk area with the same paving
materials removed, and special emphasis shall be given to the replacement
of granite block or bricks.
[Amended 11-18-1996 by Ord. No. 27.102.96]
No pavement opening as authorized herein shall
be closed without and until an inspection by the Commissioner of General
Services or his designee. The closing and repavement shall thereafter
be performed in a manner satisfactory to the Commissioner of General
Services and in accordance with his specifications.
[Amended 11-18-1996 by Ord. No. 27.102.96]
A.
A person authorized to open a street or sidewalk pursuant
to the provisions hereof (the permittee) shall have a continuing duty
to keep such area free from settlement or other defects caused by
said openings and shall, when necessary, repair and restore such area
to a condition satisfactory to the Department of General Services.
B.
If a permittee fails to properly repair within five
days after written notice thereof from the Department of General Services,
the Department of General Services shall have such repairs made, which
shall be charged against the permittee.
C.
Nothing contained herein, however, shall prevent or
preclude the Department of General Services from taking whatever steps
may be necessary, with or without notice, when emergency or otherwise
dangerous conditions exist.
Permits shall be required for City paving, water
and sewer operations and for private contractors operating in connection
therewith; however, no permit application fee shall be charged.
When employees of the City make openings in
the pavement, sidewalk or other public places of the City and find
defects in water services or house drains are responsible, the plumber
employed to repair such defect shall make application and obtain permits
for such openings in the same manner as is herein provided for other
openings.
[Amended 11-18-1996 by Ord. No. 27.102.96]
The Commissioner of the Department of General
Services is hereby authorized to promulgate and amend a fee schedule
and additional rules, regulations and specifications necessary to
supplement and effectuate the purpose and intent of this article.
[Added 11-18-1996 by Ord. No. 27.102.96; amended 6-21-2021 by Ord. No. 15.51.21]
All persons, corporations or other entities
proposing to install or repair pipe, cable, wire, conduit or other
facilities in, on or over any street or sidewalk, or within a public
right-of-way in the City of Albany or otherwise dig in or open the
same shall be responsible for reviewing the City's list of streets
and sidewalks scheduled for repair or reconstruction, to be prepared
and maintained by the Department of General Services, and shall make
provision to do any work, except emergency work, which requires the
opening or use of any such street or sidewalk prior to or during the
construction of the project undertaken by the City. No permit to use
or open any street or sidewalk which would require resurfacing or
reconstruction, except for emergency work as hereinafter provided,
shall be issued to any such person within a five-year period after
the completion of the construction of a capital project by the City
relating to such street or sidewalk unless such person demonstrates
that the need for the work could not have reasonably been anticipated
prior to or during such construction. Notwithstanding the foregoing,
the Commissioner of General Services may issue a permit to open a
street within such five-year period upon a finding of necessity therefor,
subject to such conditions as the Commissioner may establish by rule,
which shall include appropriate guarantees against the deterioration
of the restored pavement and may include a higher fee structure.
[Added 11-18-1996 by Ord. No. 27.102.96]
Any pavement which has not been relaid, repaired
or reconstructed to the satisfaction of the Commissioner of General
Services shall be repaired, reconstructed and properly relaid within
five days after service of an order by the Commissioner or his designee
upon the person by whom such pavement was removed or, if such removal
was for the purpose of making a connection between any building or
lot, or for any sewer or pipes in the street, or for constructing
vaults, or otherwise improving any building or lot.
[Amended 6-21-2021 by Ord. No. 15.51.21]
Violations of any of the provisions of this
article shall be punishable by a fine which shall not exceed $1,000.
The Court shall award associated Court costs upon any plea or finding
of guilt.
