City of North Tonawanda, NY Article IV Road Cut Fees, Sidewalk Replacement and Terrace Restoration

[Adopted 7-5-1978]

§ 81-9 Definitions.

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein:

APPLICANT

Any person making written application to the City Engineer for an excavation permit hereunder.

BACKFILL

Any sand, gravel, noncorrosive soil or other material as specified on the excavation permit which is used to refill any opening made by the permittee in the street, sidewalk or terrace.

PAVEMENT AREA

Includes any street, highway or other public thoroughfare within the city limits, except sidewalks.

PERMITTEE

Any person who has been granted and has in full force and effect an excavation permit issued hereunder.

TERRACE

That area of city property lying adjacent to the street between the curb and the sidewalk, or any such area of comparable dimensions in the absence of any curb or sidewalk.

TERRACE CUT

Any excavation made upon the terrace, as hereinbefore defined.

§ 81-10 Fees.

A. An application for street opening as provided for in § 81-1 shall be accompanied by a fee, to be deposited by the applicant with the City Treasurer in the following sums:

(1) One hundred fifty dollars for any pavement cut.

(2) Two dollars and fifty cents per square foot for any sidewalk cut.

(3) One hundred dollars per foot per curb section for any curb cut.

[Amended 10-4-2016]

B. Any portion of said deposit which exceeds the cost of replacement shall be refunded by the city upon completion of the repaving work as provided hereafter. In the event that the cost of replacement exceeds the deposit, the person named in the application for such permit shall be liable to the city for the payment of such additional sum. No permit as herein provided shall be granted to any applicant who has failed previously thereto to pay such additional sum when due.

§ 81-11 Backfilling.

No backfilling of any excavation by a permittee herein shall take place except in the presence of the Superintendent of Public Works or his authorized representative according to the following specifications:

A. The permittee shall backfill the excavation up to an elevation of one foot above the pipe or other facility in the excavation in a manner acceptable to the agency or department of the city having jurisdiction over the work done on said pipe or facility.

B. The remainder of the excavation shall be backfilled with such materials as shall be specified on the permit and shall be compacted as required by the Superintendent of Public Works or his authorized representative.

C. The permittee shall backfill excavations in pavement areas to within six inches below the pavement surface and shall backfill excavations in sidewalk areas to within four inches below the sidewalk surface, unless otherwise directed by the Superintendent of Public Works or his authorized representative.

D. Any pavement cut shall have the existing pavement removed by the permittee from within that area which lies one foot beyond the perimeter of the excavation.

§ 81-12 Pavement and sidewalk restoration and maintenance.

[Amended 10-4-2016]

The permittee shall be responsible for the restoration or replacement of all pavement and sidewalk surfaces to the satisfaction of the Superintendent of Public Works. Such restoration must be completed within 10 days of the completion of the permitted work.

§ 81-13 Terrace cut restoration.

The permittee shall top all excavations within the terrace areas with a minimum of four inches of topsoil and shall seed with grass seed. The permittee shall be responsible for restoration and one-year maintenance of terrace cuts and will be charged for such work in the event that the city must assume such work.

§ 81-14 Protective measures.

A. The permittee shall be responsible for all barricading, lighting and other safety measures on or about the excavation site for the protection of the public until such time as backfilling and any necessary terrace restoration has been satisfactorily completed in a manner acceptable to the Superintendent of Public Works or his authorized representative and until the Department of Public Works has placed any protective devices necessary thereafter.

B. In the event of any suit or claim against the city by reason of the negligence or default of the permittee, the permittee shall hold the city harmless and indemnify fully, and any final judgment against the city shall be conclusive upon the permittee.

§ 81-15 Applicability.

Contractors engaged in construction or reconstruction work under contract with the city shall not be governed by the provisions of this ordinance unless so specified in their contracts with the city.