City of Cohoes, NY
Albany County
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Table of Contents
Table of Contents
[Adopted 7-10-1990 by Ord. No. 32-1990; amended in its entirety 8-14-1990 by Ord. No. 40-1990]

§ 244-4 Permit and bond required.

[Amended 5-26-2009 by Ord. No. 4-2009]
It shall be unlawful for any person to make any opening or excavation, for any purpose whatsoever, in or through any public street or sidewalk, without first making application for and obtaining permission to do so from the Director of Building and Planning of the City and giving a bond or a deposit of money and paying the appropriate application fee, as herein provided. Permits issued hereunder shall not be transferable without the written consent of the Commissioner of Public Works.

§ 244-5 Application.

Such application for an excavation permit must be, in writing, on the appropriate form, signed by the person desiring to make such excavation or by an agent duly authorized, in writing, stating such details as shall be prescribed by the Commissioner of Public Works. Any corporation applying for a permit shall have the signatures of all officers of the corporation on such application.

§ 244-6 Bond; posting of deposit.

A. 
Such application must be accompanied by a bond to the City executed by such applicant or agent and by a surety or sureties, who shall be responsible householders or freeholders. Said bond shall be in the amount of $25,000 and shall be conditioned to indemnify and save harmless the City of and from all loss, cost and damage on account of the granting of such permit and the making of such excavation and also provide for the restoration of the street and pavement to proper condition and grade. Such bond shall be filed in the office of the Director of Building and Planning.
[Amended 5-26-2009 by Ord. No. 4-2009]
B. 
As an alternative to Subsection A, the applicant may post $500 in the form of a money order or a teller's or cashier's check. Such amount shall be held by the City until the Commissioner of Public Works certifies that the street and pavement have been restored to proper condition and grade. Further, the applicant will sign a statement that the applicant will indemnify and hold the City harmless of and from all loss, cost and damage on account of the granting of such permit and the making of such excavation, including any damage or harm to the property or person of third parties.

§ 244-7 Fees.

[Amended 1-24-2006 by Ord. No. 2-2006; 5-26-2009 by Ord. No. 4-2009]
The applicant for such permit shall, at the time of making the application, pay $100 as a fee to the Director of Building and Planning, and the fee for the opening shall be $3 per square foot.

§ 244-8 Issuance of permit; return of deposit.

[Amended 5-26-2009 by Ord. No. 4-2009]
Upon the proper filing of said application, filing of said bond or deposit and the payment of said fees, the Commissioner of Public Works may issue the permit applied for. Within three days after the receipt of such bond or deposit, he shall pay over such moneys to the Treasurer of the City, who shall open a special account of such moneys and set them aside as a special fund. When the party to whom such permit was granted shall cause the street, pavement and foundation thereof to be fully restored to proper condition and repair to the satisfaction of and within the time limit prescribed by the Commissioner of Public Works, he shall be entitled to the return of such moneys.

§ 244-9 Application and issuance in absence of Director.

[Amended 5-26-2009 by Ord. No. 4-2009]
If the Director of Building and Planning or his/her designee shall not be at his/her office when any such application shall be made, it shall be the duty of the City Engineer and/or the Commissioner of Public Works to receive such application and issue such permit when the application requirements set forth in this article have been complied with.

§ 244-10 Duty to repair and restore; restoration by city; failure by permittee to complete restoration.

[Amended 5-26-2009 by Ord. No. 4-2009]
A. 
A person authorized to open a street 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 Commissioner of Public Works.
B. 
If the applicant does not satisfactorily complete such repair and restoration to the satisfaction of and/or within the time limit prescribed by the Commissioner of Public Works, the Commissioner may give an order for the doing of such work, and the expense thereof, when certified by him, and draft issued therefor shall be paid by the Treasurer out of the money deposited by the applicant. If the deposit shall exceed such expense, the applicant shall be entitled to the difference. If the deposit does not cover such expense or has already been returned, such expense shall be charged to the permittee.
C. 
Any person or corporation who fails to complete the repair and restoration to the satisfaction of and within the time limit prescribed by the Commissioner of Public Works shall be barred from receiving any further permits from the city for a period of five years from the date of such failure. Any corporation which fails to complete such repair and restoration to the satisfaction of and/or within the time limit prescribed by the Commissioner of Public Works not only will be barred from application for such permits for five years from the date of failure, but no officer of such corporation nor any corporation of which such person is an officer shall be allowed to apply for such permit for a period of five years from the date of failure.

§ 244-10.1 City-made openings; repairs.

[Added 5-26-2009 by Ord. No. 4-2009]
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.

§ 244-11 Revocation.

The Commissioner of Public Works may, in his sole discretion, revoke any permit given at any time by notifying the issuer holding the same that the permit is recalled and revoked.

§ 244-12 Forms and regulations.

[Amended 5-26-2009 by Ord. No. 4-2009]
The Director of Building and Planning shall maintain such files and promulgate such forms and regulations as are necessary to effectuate the requirements of this article.

§ 244-12.1 Penalties for offenses.

[Added 5-26-2009 by Ord. No. 4-2009]
Any person or persons, firm or corporation violating any provisions of this article shall be subject to a fine not to exceed $350 or a sentence of imprisonment not to exceed 15 days, or both. Such penalties may be in addition to any other remedies or actions that may be taken by the City either as provided herein or as may otherwise be permitted by law.