[Adopted 2-17-1923; amended 4-7-1927, 2-3-1928,
3-28-1962, 12-19-1962]
The attention of prospective permittees is called
to the fact that permits obtained pursuant to the requirements of
the Code of the Town of Harrison and any amendments thereto do not
obviate obtaining a permit under this article, where such article
is applicable.
[Amended 2-18-1987; 4-15-1987]
No person, firm or corporation, improvement
district or municipality shall construct any works in or upon any
Town road or construct any overhead, surface or underground crossing
thereof or construct, maintain, alter or repair any drainage, sewer
or water pipe, conduit or other structure thereupon or thereunder
without first obtaining a written permit therefor from the Superintendent
of Highways. The Town of Harrison and all users of the Town of Harrison
sanitary sewer systems shall be subject to all applicable rules and
regulations contained in Local Law No. 12 of 1985 of the Laws of Westchester
County (originally introduced as Local Law No. 15 of the Laws of Westchester
County), which is a local law establishing criteria governing the
discharge of sewage, industrial wastes or other wastes into the Town's
sewer system and all sewers tributary thereto, providing for the establishment
and collection of surcharges for certain uses of such sewer system
and sewers and prescribing penalties for the violation thereof.
A.
Any person, firm, corporation, improvement district
or municipality desiring to construct any works in or upon any Town
road or to construct any overhead, surface or underground crossing
thereof or to construct, maintain, alter or repair any drainage, sewer
or water pipe, conduit or other structure thereon or thereunder shall
make application for a permit to the Superintendent of Highways, upon
forms prepared by the Superintendent of Highways, which application
shall contain substantially the following information, together with
three copies of a sketch or plans showing the proposed work in detail:
(1)
The name, address and phone number of the applicant.
(2)
The name of the party for whom the work is being performed.
(3)
The identity of the Town road and the exact location
of the work to be done thereon.
(4)
The size and purpose of the opening thereof.
(5)
The date or dates when the work is to be performed.
(6)
The type of pavement to be disturbed.
(7)
The purpose of the application.
B.
Each applicant shall, upon filing of application therefor,
be required to deposit a certified check made payable to the order
of the Town of Harrison in the amount as hereinafter computed, which
deposit shall be retained by the Town of Harrison 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 or performed.
Said deposit shall be retained until at least 30 days after the date
of final completion of the work to be done pursuant to the terms of
the permit. Upon failure or default by the applicant of any of the
terms, agreements and conditions on its part to be done and performed,
said deposit may be used by the Town of Harrison for any expense incurred
by the Town of Harrison by reason of such failure or default on the
part of the applicant. Any balance left after the expense of such
failure or default has been paid and deducted from the amount of the
deposit shall be refunded to the applicant. The applicant agrees that
any expense that the Town of Harrison is put to by reason of such
default and as certified by the Superintendent of Highways shall be
binding upon such applicant. The Town of Harrison reserves the right
to deposit such deposits with such bank or trust company as may be
designated by the Comptroller. The deposit must be furnished by the
permittee only, unless otherwise authorized personally by the Superintendent
of Highways, and shall be computed in accordance with the unit prices
set forth as follows:
(1)
Pavement of any kind to be disturbed, lateral opening:
$50 per linear foot, measured at right angles from the edge of the
pavement.
[Amended 2-19-1986 by L.L. No. 2-1986]
(2)
Paved gutters of any kind: $3 per linear foot.
(3)
Curbing of any kind: $3 per linear foot.
(4)
Blacktopped shoulders: $4 per square yard.
(5)
Other shoulder areas: $50 minimum. Additional deposit
may be required if the scope of the work indicates that the same is
necessary.
(7)
Sidewalk openings: $50 minimum. Additional deposit
may be required if the scope of the work indicates that the same is
necessary.
(8)
Driveways: $100 minimum. Additional deposit may be
required if deemed necessary by the inspector.
(9)
Storing materials or equipment temporarily on a Town
right-of-way: $100 minimum. Additional deposit may be required if
deemed necessary by the inspector.
(10)
Moving buildings over Town roads: insurance bond must
be posted indemnifying the Town of Harrison to the extent of not less
than $200,000/$300,000 liability.
(11)
Minimum deposit for work of any kind whatsoever: $50.
C.
Where the amount of deposit, as computed in accordance
with the foregoing unit prices, exceeds $500 for items outside the
pavement area, the Superintendent of Highways may reduce the total
amount of deposit required for shoulder area to be disturbed and longitudinal
trenching.
D.
Public utility companies make 12 applications or more
per year, in lieu of the deposit hereinbefore mentioned, deposit with
the Town of Harrison its bond or a surety company bond approved as
to form, manner of execution and sufficiency by the Law Department
of the Town of Harrison, which bond shall 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, which bond shall be in an amount to be determined
by the Superintendent of Highways, but in no case shall the face amount
of the bond be less than $5,000.
E.
Any city, village, town, public improvement district
or other municipality may, in lieu of making the cash deposit hereinabove
first mentioned, file with the Superintendent of Highways a certified
copy of a resolution duly adopted by the governing board of such municipality,
which resolution shall guarantee the faithful performance by said
municipality of all the terms, agreements, covenants and conditions
as set forth in the permit. Said resolution shall be effective for
the remainder of the calendar year in which it is adopted.
F.
Emergency openings. If it becomes necessary, in case
of an emergency or any unforeseen happening, to enter upon a Town
road for the purpose of making emergency repairs to any sewer, water
pipe, conduit or other underground or overhead structure, any person,
firm, corporation, public utility or municipal subdivision may do
so forthwith, provided that within 24 hours of the time of making
such opening (Sundays or holidays not included) proper application
for a permit is made therefor.
A.
PERMITTEE
SUPERINTENDENT
As used in this section, the following terms shall
have the meanings indicated:
The party obtaining the permit or his or its duly authorized
agents or representatives; and must be the person, firm, corporation,
district or municipality actually performing the work.
The Superintendent of Highways of the Town of Harrison or
his authorized representative.
B.
All permits issued shall contain, among other things,
the following terms, agreements, covenants and conditions:
(1)
The permit shall not be assigned or transferred except
upon the written consent of the Superintendent.
(2)
The work authorized by the permit shall be done to the complete satisfaction of the Superintendent. In replacement of pavements, the Standard Town Specifications therefor shall be followed, as more particularly set forth in § 201-5.
(3)
Written notice, except in emergencies, shall be given
by said permittee to the Superintendent at least 48 hours in advance
of the date when the work of construction is to commence.
(4)
The permittee shall indemnify and save harmless the
Town and improvement district from all claims, liens, suits, loss
or damage of every kind whatsoever, whether direct or indirect, which
may arise by reason of the granting of this permit.
(5)
The permittee agrees, in consideration of the granting
of the permit, that any present or future damage, injury to or disturbance
of the highway, its pavements, slopes or gutters caused by the placing
of any structures pursuant to the terms of the permit shall be immediately
repaired by the permittee at his or its own expense and to the satisfaction
of the Superintendent.
(6)
The permittee agrees to pay all necessary expenses that may be incurred by the Town in connection with the work to be done under the permit, which payment shall be made within 10 days after the sending of a statement of expenses as certified by the Superintendent, and, if not paid by the permittee, said expenses shall be deducted from the deposit as herein otherwise provided for. Where work of an extensive or difficult nature is involved, the permittee may be required to pay the costs of a full- or part-time inspector, to be designated by the Superintendent, to inspect the work for the purpose of protecting the Town's interest. In addition thereto, there shall be a permit fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
[Amended 2-21-2007 by L.L. No. 1-2007]
(7)
In case the final pavement has not been placed when
opening is made, where the road improvement is under contract, the
permittee agrees to reimburse the road contractor for such additional
costs of reinforcing steel in pavement, when placed, as are required
by the Superintendent.
(8)
The Superintendent reserves 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.
(9)
A fully executed copy of this permit must be in possession
of the parties actually doing the work. It must be exhibited on demand
to the Superintendent or his representative.
(10)
The permit does not grant permission for connections
to water or sewer mains, etc. Such permits must be obtained from the
local municipality or improvement district prior to and in addition
to permits for street openings applied for herewith.
(11)
Vehicular traffic shall be maintained on any section
of the work disturbed by the permittee, at all times during the terms
of this permit.
The work to be done and performed pursuant to
the permit shall be done according to the following specifications
and conditions:
A.
All locations and time of performing the work shall
be approved by the Superintendent.
B.
The permittee shall arrange his or its work so as
to cause a minimum of inconvenience and delay to vehicular traffic.
The Superintendent reserves the right to order the removal of any
and/or all obstructions to traffic on Saturdays, Sundays, holidays
and other periods of unusually heavy traffic volumes. The permittee
shall erect and maintain suitable barricades to adequately delineate
and protect the site during and in which his or its work is in progress.
Warning flags, signs, flashing yellow lights and watchmen shall be
provided as necessary. Excavated material should be stored in neat
piles, so placed as to cause the least interference with the use of
the roadway or sidewalks. Where the free flow of traffic is interfered
with, the permittee shall place and maintain traffic control devices
to adequately warn and direct traffic in a manner acceptable to the
Superintendent. All signs used at night shall be reflectorized with
wide-angle, flattop, reflective sheeting. All devices used both day
and night shall be mounted a minimum of five feet above the crown
of the pavement. Traffic control devices shall be placed at least
100 feet in advance of obstructions, to adequately warn and direct
traffic. The Superintendent reserves the right to order the correction
of any unsafe condition and the installation of additional signs,
lights or other traffic control devices.
C.
Unless otherwise permitted, tight sheathing at least
two inches in thickness shall be placed in all trenches having a depth
in excess of four feet and within three feet of any pavement or other
highway structure which is proposed to remain in place, except where
excavation is in rock. Sheathing shall be securely fastened in place
with whalers and braces during all operations and shall be driven
to a depth of one foot below the lowest part of the structure proposed
to be installed as the excavation progresses. In all such excavations
having a depth in excess of six feet, such sheathing shall be left
in place with a cutoff line 18 inches below ground surface. In the
trenches having a depth of more than three feet and less than six
feet, the sheathing shall be left in place if ordered by the Superintendent
of Highways. Sheathing may be omitted when permitted by the Superintendent,
if the edge of the proposed trench is offset from the nearest edge
of the pavement or other structure by a distance at least equal to
the vertical depth of the trench, as measured from the highest point
of the adjacent pavement or structure.
D.
Backfilling around completed structures shall be made
of selected material, free from loose stones, as soon as the structure
has attained sufficient strength to preclude injury and shall be made
in successive horizontal layers not exceeding six inches in depth.
Each layer shall be thoroughly compacted by tamping to the satisfaction
of the Superintendent. No frozen material shall be used in the backfill.
Special care shall be taken to thoroughly compact the portion directly
under the haunches, around the sides and for a depth of one foot over
pipes or ducts. No rock shall be placed in the backfill within 12
inches of a pipe or duct. If permitted by the Superintendent, the
backfilling of trenches may be thoroughly puddled by depositing the
earth in water. No backfilling of trenches by scrapers or other machinery
will be allowed, except that on longitudinal trenches outside the
pavement limits, the use of power backfillers mounted on pneumatic
tires may be used if provisions are made for adequate compacting of
filled material. The work shall be so carried on that not over 300
linear feet of trench shall remain open at any time, unless otherwise
authorized by the Superintendent.
E.
All surplus excavated material and debris shall be
cleaned up and removed from the site of the work upon the completion
of the work by the permittee, leaving the site of the work in a neat
and orderly condition.
F.
Where topsoil, seeded area or sod is disturbed in
the excavation, the permittee shall restore the ground surfaces to
the same conditions.
G.
Manhole covers, frames and other structures placed
within the roadway limits shall be of sufficient weight and strength,
of a suitable type and stability approved by the Superintendent, and
shall be set flush with the surface of the pavement.
H.
The permittee shall repair and maintain at his or
its expense any present or future disturbance of the roadway and pavement
which may have been caused by work done pursuant to the terms of the
permit herein, said maintenance to cover a period of 30 days after
the completion of the work.
I.
All small pipes or conduits crossing roadway pavements
shall, wherever possible, be driven beneath the pavement, without
disturbances to the surface. Such pipes or conduits shall be enclosed
in sleeves or larger pipes so that required replacements may be made
in the future without disturbance to the pavement. For the purpose
of driving such pipes or conduits, no opening of trenches shall be
made closer than two feet to the edge of the pavement. Tunneling under
the pavement is prohibited. The driving of pipes or conduits having
a dimension greater than eight inches shall be permitted only under
such special terms and conditions as the Superintendent may prescribe.
J.
Permanent restoration of the finished pavement shall
not be made until complete settlement of the trench backfill shall
have taken place, as directed by the Superintendent. Immediately after
backfilling the trench, an acceptable temporary repair of cold patch
bituminous macadam or other acceptable flexible pavement material
shall be placed, which shall be maintained even with the roadway surface
until permanent restoration of the pavement is ordered by the Superintendent.
K.
At such times as directed by the Superintendent, the
permanent replacement of pavement shall be made under the supervision
and inspection of the Superintendent, as follows:
(1)
Concrete pavements.
(a)
On concrete pavements which become undermined
or broken, the slabs shall be completely replaced on a prepared foundation
with reinforced concrete nine inches thick in the proportions of 1:2:3 1/2
using high early or quick-setting cement mixed by machines for at
least two minutes. Materials and proportioning of aggregate shall
be inspected and approved by the Superintendent.
(b)
When cross trenches are excavated vertically
without undercutting the concrete pavements, the slab shall be neatly
cut back a distance of at least two feet on each side of the outer
walls of the trench and replaced with a reinforced concrete patch.
Where any portion of a patch is nearer than eight feet from an expansion
joint, the patch shall be extended to the joint. Where the longitudinal
trenches have been made in concrete pavements, the entire slab shall
be replaced.
(c)
In any event, the new patch must be set upon
undisturbed subgrade for at least two feet in all directions from
the excavated area and must be at least 10 feet long, as measured
parallel to center line of pavement. In removing portions of slabs
or reinforced concrete, care shall be taken not to remove all the
reinforcing metal. New reinforcing shall be carefully tied and bonded
to old reinforcing steel when making restorations. All reinforcement
shall be three-eighths-inch bars, spaced 14 inches in each direction.
Approved premolded expansion joints shall be inserted where directed,
and all construction joints shall be poured with an acceptable asphaltic
material. The concrete shall be completely wetted after placing and
covered with six inches of hay and kept continuously saturated for
72 hours. The use of an approved high early-strength cement placed
under approved methods may be required by the Superintendent for certain
concrete pavement replacements where the delay and inconvenience to
traffic is of sufficient importance to warrant same. Satisfactory
curing of the concrete is of the greatest importance.
(2)
On wearing surface pavements (asphaltic concrete and
blacktops, granite blocks, asphalt blocks and brick), a two-inch asphaltic
wearing course over six inches of composite (asphaltic) mix shall
be used in patching road trenches. This replacement shall cover an
area for a distance of not less than two feet on each side of the
outer walls of the trench, as excavated, and must be at least 10 feet
long as measured parallel to the center line of the pavement. A waiting
period of 60 days shall be required from the time of backfilling to
the time of final patch so as to allow proper settlement. After this
curing is completed, a wearing surface equivalent to pavement removed
shall be placed in accordance with Standard Town Specifications as
directed by the Superintendent.
[Amended 4-17-1971]
L.
The permittee shall replace or restore satisfactorily
to the Superintendent any pavement or other structure which may have
been damaged during the progress of the work for which the permit
was issued, even though such pavement or structure was not proposed
to be disturbed at the time of the permit.
All applications and permits shall be in the
form prescribed by the Superintendent of Highways and shall be executed
in triplicate by the applicant, sworn to before a person qualified
to administer oaths and shall set forth the amount of deposit accompanying
said permit, together with a statement saving the Town harmless for
any claims of whatever nature arising out of the conduct of the work
to be performed under the permit.
If the character of the restoration work is
not covered by the specifications herein, the Superintendent of Highways
shall prepare such additional specifications, safeguards and conditions
as may be required to be done and performed by the applicant.
If, in the course of building operations on
adjacent property, it becomes necessary to store building materials
or equipment upon any Town road or portion thereof, an application
for a permit therefor must be made, subject to the following conditions:
A.
In no case shall the area of the pavement used for
such storage exceed, in width, 20% of the total width of the pavement,
or in length, 100 feet. Such materials or equipment as may be stored
shall be neatly piled or placed, protected with adequate barricades
and illuminated, except during the daylight hours, with red lanterns
or flares spaced at intervals of not more than 10 feet. Appropriate
warning signs and flares shall be kept constantly in positions 300
feet distant from the space occupied, as a warning to approaching
vehicles.
B.
No building material or equipment shall be placed
upon the pavement closer than 10 feet to any hydrant, nor upon any
manhole, valve or catch basin, nor as to interfere in any way with
proper drainage upon the highway.
No construction equipment, except trucks, shall
operate on or be hauled over any Town road unless same shall be equipped
with pneumatic tires or mounted upon a pneumatic-tired trailer, unless
a permit therefor shall have been first obtained from the Superintendent
of Highways. Said permit shall not be construed as a waiver of the
provisions of the Vehicle and Traffic Law or of any local ordinance
relative thereto. Said permit shall provide, among other things, that:
A.
Each such vehicle, when operated on a Town road, shall
be operated upon plants, mats or other suitable cushions, acceptable
to and approved by the Superintendent of Highways.
B.
A competent flagman shall at all times be placed at
least 200 feet distant from the operating equipment, to warn approaching
vehicles.
C.
Adequate barricades and warning signs shall be erected
to protect the traveling public.
D.
Any damage resulting from the operation of the equipment
shall be repaired by the permittee to the satisfaction of the Superintendent
of Highways.
No person, firm or corporation shall plant,
remove, trim, damage or otherwise alter any shade tree or planting
on any Town road outside of cities or villages, without first obtaining
approval thereof, in writing, from the Superintendent of Highways.
A.
In lowering curbs for driveways, only bluestores,
granite or integral curbs will be allowed to be cut. All concrete
curbs must be removed and replaced with new concrete curbing to the
required height.
B.
On shoulder roads, the grade of driveway at the property
line should be the same elevation as the center-line grade of the
road. Modification of this may be allowed if specifically permitted
by the Superintendent.
C.
Driveway entrances shall not begin within five feet
of the point where the prolongation of the property line meets the
edge of the pavement.
D.
No more than two points of ingress or egress to a
Town road from a single commercial or industrial establishment will
be permitted. Neither of the foregoing shall be more than 30 feet
wide, measured at the pavement edge, unless special approval is obtained
from the Superintendent. The Superintendent reserves the right, however,
to require the construction of acceleration and deceleration lanes,
together with channelization at certain types of high-traffic-volume-generating
facilities.
E.
Driveways crossing sidewalks shall be constructed
in accordance with the specifications of the local municipality.
F.
Wherever a driveway apron is installed, the area from
the pavement to the property line shall be paved to the satisfaction
of the Superintendent.
Nothing in these rules and regulations shall
be construed to restrict or prevent the construction, maintenance
or repair of any sidewalk by a municipality under laws and ordinances
applicable thereto, except in those operations of construction, maintenance
or repair where the use of any portion of the pavement of a Town road
is affected or restricted or to restrict or prevent the adoption and
enforcement of local municipal traffic control ordinances, rules and
regulations not inconsistent with the provisions of Chapter 605 of
the Laws of 1941 and/or subsequent revisions.
