City of Rochester, NY Right-of-Way Code

The area on, below, or above a City-owned or -controlled street, roadway, alley or sidewalk, including the curbs, gutters, catch basins and related facilities adjacent thereto.

[Added 5-23-2017 by Ord. No. 2017-141]

RIGHT-OF-WAY LINE

The boundary line on either side of the right-of-way.

[Added 5-23-2017 by Ord. No. 2017-141]

ROADWAY

That portion of the right-of-way improved, designed or ordinarily used for vehicular traffic.

[Amended 5-23-2017 by Ord. No. 2017-141]

RULES AND REGULATIONS

The rules and regulations for work in the right-of-way, and any amendments thereto, as adopted by the City Engineer.

[Added 2-19-2019 by Ord. No. 2019-34]

SECURITY

A financial instrument, including a letter of credit, certified check, cash, bond or other formal assurance used to guarantee that permit work will be properly performed and completed, that any right-of-way restoration work will be maintained as required by this chapter and that all fees and compensation owed to the City are paid in full. Such security shall be in a form approved by the Director of Finance or the Corporation Counsel.

[Added 2-19-2019 by Ord. No. 2019-34]

SEVERE RIGHT-OF-WAY HAZARD

A condition arising out of one or more violations of the Right-of-Way Code that poses an imminent and substantial threat to human life, health or safety, as determined by the Commissioner of the Department of Environmental Services in consultation with the City Engineer, based on the City's adopted rules and regulations for work in the right-of-way and the specific circumstances of a particular violation.

[Added 9-14-2021 by Ord. No. 2021-296]

SIDEWALK

That paved portion of the right-of-way between the curblines or the lateral lines of a roadway, and the adjacent property lines intended for pedestrian use.[2]

[Amended 5-23-2017 by Ord. No. 2017-141]

SUBSURFACE

Below ground level.

TELECOMMUNICATION FACILITIES

The plant, equipment and property, including but not limited to cables, wires, fiber optic strands, conduits, ducts, dishes, pedestals, poles, antennas, radio equipment, electronics and other appurtenances, including both underground and overhead facilities, used or to be used to transmit, receive, distribute, support, provide or offer telecommunication service.

[Added 5-23-2017 by Ord. No. 2017-141]

TELECOMMUNICATION PROVIDER

Any person who provides telecommunication service over telecommunication facilities. This definition excludes the City of Rochester.

[Added 5-23-2017 by Ord. No. 2017-141; amended 2-19-2019 by Ord. No. 2019-34]

TELECOMMUNICATION SERVICE

The providing or offering for rent, sale or lease, or in exchange for other value received, of any service or telecommunication facility that includes the transmission and/or distribution of voice, data, image, graphic or video programming information between or among locations by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

[Added 5-23-2017 by Ord. No. 2017-141]

[1]

Editor’s Note: The former definition of “Central Business District,” as amended, which immediately followed this definition, was repealed 2-19-2019 by Ord. No. 2019-34.

[2]

Editor’s Note: The former definitions of “street” and “street line,” which immediately followed this definition, were repealed 5-23-2017 by Ord. No. 2017-141.

§ 104-2 Congregation or assemblage of people.

At the time of any public parade, accident, riot, public peril or other circumstances causing people to congregate or assemble, no person shall enter or remain within the lines or other bounds established by the police or by or under the direction of an authorized City official for the preservation of public safety, peace and order, unless such person is duly authorized by an officer in charge at the scene.

§ 104-3 Games and sports.

No person shall play with a ball or fly a kite or play any type of game or sport in the street.

§ 104-4 Fire lines.

At any fire, the police shall immediately establish and maintain fire lines by placing ropes or other barriers as circumstances may require and shall exclude from the streets within the fire lines all vehicles and persons, except officials or employees of the City in the discharge of duty, and such persons as are entitled to wear and are actually wearing conspicuously upon an outside garment the fire line badge of the Police Department.

Owners of property endangered, personally known to the police to be entitled to remove the same, may be admitted within the fire lines upon order of the superior officer present and not otherwise.

No person shall in any way impede the access to a fire, or its vicinity, of any apparatus, official or employee of the City or enter or remain within the fire lines without permission, and no person shall, by disorderly conduct or otherwise, impede the work of extinguishing a fire or of protecting lives and property.

At a fire or in the case of a fire alarm, the fire apparatus and all City officials and employees in the discharge of their duty have the right-of-way and full unobstructed use of the streets.

§ 104-5 Lift bridges.

[Amended 2-14-2006 by Ord. No. 2006-22]

No person shall climb or step upon or attempt to cross or operate a vehicle upon a lift bridge after the flagperson or operator has given a warning or signal not to do so; and no person shall be upon a bridge while the same is being operated or is in motion.

§ 104-6 (Reserved) [1]

[1]

Editor's Note: Former § 104-6, Roller-skating and skateboarding, added 6-16-1992 by Ord. No. 92-264, was repealed 3-16-2021 by Ord. No. 2021-72.

§ 104-7 Swinging gates.

No gate that swings outward over any sidewalk shall be constructed or maintained.

§ 104-8 Trapdoors and grates in sidewalks; skylights.

No trapdoor or grate shall be left open in a sidewalk at any time, except when receiving or delivering goods, and during such time, the door or grate shall be surrounded by barriers sufficient to secure public safety.

All iron or steel doors, glass skylights, gratings and covers of any kind in sidewalks shall be constructed and maintained by the adjacent property owner so as to be in a safe condition at all times.

§ 104-9 Repair of vehicles in the right-of-way. [1]

[Added 12-14-1993 by Ord. No. 93-435; amended 5-23-2017 by Ord. No. 2017-141]

No person shall repair a vehicle in the right-of-way, except for such repairs as may be necessitated by an emergency.

[1]

Editor's Note: Former § 104-9, Operation of Vehicles in barricaded areas, was transferred to Ch. 111, Vehicles and Traffic, as § 111-55 by Ord. No. 89-199, adopted 6-13-1989.

§ 104-10 Hindering or obstructing improvements.

[Amended 5-23-2017 by Ord. No. 2017-141]

No person shall hinder or obstruct the construction or repair of any pavement, sidewalk, crosswalk, sewer or other public improvement which is being done under the direction of or with the consent of the City Engineer or hinder or obstruct any person employed by the City in cleaning the right-of-way.

§ 104-11 Responsibility for maintaining sidewalks free of obstructions and snow and ice.

The person occupying the ground floor of a building and the owner of a building or lot must keep the sidewalks adjoining such building or lot free and clear from all obstructions and from weeds and rubbish.

All sidewalks located within the Central Traffic District (as defined in § 111-2) must be swept daily at or before the start of each business day and must not be swept later than said time, so as to remove dirt, dust and other accumulation therefrom.

[Amended 9-28-1982 by Ord. No. 82-445]

The owner of a building or lot must keep the sidewalks adjoining such building or lot free and clear from snow and ice and must not suffer or permit snow or ice to collect or remain on such sidewalk later than 9:00 a.m. if such snow shall have fallen or collected after 8:00 p.m. of the previous evening or later than 8:00 p.m. if such snow shall have fallen and collected after 9:00 a.m. When the snow is removed from sidewalks by City contractors or City employees using plows, it shall be the duty of the owner to remove the snow and ice remaining after such plows have gone through. The portion of the sidewalk required to be kept free from snow and ice is the portion thereof which is paved, if any, and if no portion is paved, a space at least four feet in width shall be kept free and clear as stated above.

[Amended 12-15-2015 by Ord. No. 2015-402]

No person shall remove snow or ice from private property or structures and deposit it on the sidewalk or roadway of any street or against a fire hydrant or on the loading or unloading areas of a public transportation system, nor shall any person authorize or permit such removal and depositing. No person shall remove snow or ice from the sidewalks and deposit it on the roadway of any street, nor shall any person authorize or permit such removal and depositing. These prohibitions shall apply to any means for removing and depositing snow or ice.

§ 104-12 Excavations near the right-of-way.

[Amended 5-23-2017 by Ord. No. 2017-141]

Any person who digs a cellar or other excavation adjacent to and within five feet of the right-of-way line must erect barriers between said excavation and the right-of-way sufficient to secure public safety and must at all times during the night keep lighted lamps upon said barriers in such manner as to give warning of the presence of the excavation. In case of failure to do so, the City Engineer may cause such barriers and lights to be placed at the expense of the owner or occupant of the property.

§ 104-13 Excavations in the right-of-way.

[Amended 2-14-2006 by Ord. No. 2006-22; 5-23-2017 by Ord. No. 2017-141]

No person shall injure or interfere with the right-of-way or make any opening therein or dig in any areaway, sewer, manhole or vault in the right-of-way without a permit in writing from the City Engineer and under such conditions as he or she may impose. The City Engineer may order any areaway, sewer or other excavation dug or constructed contrary to the provisions of this section to be filled up or altered and the pavement replaced at the expense of the person causing the excavation. If the person causing the excavation does not comply with such an order, the City Engineer may cause the work to be performed and charge such person for the costs of the work and an additional 15% for administration.

(1)

The City Engineer shall have the authority to adopt rules and regulations regarding right-of-way management, including provisions to coordinate and limit excavations in an effort to protect the right-of-way from repeat excavations that limit the useful life of the City's right-of-way assets.

Notice to maintainers of underground utilities.

(1)

In all cases where excavations are to be made, applications for such permit shall be made in writing to the City Engineer, and the applicant shall comply with the applicable provisions of the Industrial Code of the New York State Department of Labor concerning notice to maintainers of underground utilities.

(2)

Upon receipt of such notice, each public or private utility or government agency utility operating conduits or mains which transmit or distribute water, steam, communications, electricity, gas, sewage or any other thing or material in the vicinity of such excavation shall advise the person by whom or for whose benefit the work is being done as to the location of any such facility, and the excavation work shall be conducted so as not to disturb or damage such facilities.

Nothing herein contained shall relieve the person by whom or for whose benefit the excavating is done from the duty of conducting the excavating in a safe and proper manner so that gas leakage or damage to mains, conduits, facilities or any other property will not result.

§ 104-14 Traffic control devices and detours around right-of-way work.

[Amended 5-23-2017 by Ord. No. 2017-141]

Whenever work of any type occurs under, on or above the right-of-way, it is the duty of the person performing the work to place traffic control devices and maintain said devices about the place where the work is being done so as to secure the public safety and to establish and maintain required detours until said right-of-way is returned to normal condition. The Traffic Control Board shall regulate traffic in the work area, and the person performing the work shall provide and install all traffic control devices necessary to conform to the requirements of the Traffic Control Board and the New York State Manual of Uniform Traffic Control Devices.

§ 104-15 Permit required for construction or repair.

[Amended 5-23-2017 by Ord. No. 2017-141]

No person shall construct or repair any element of the right-of-way without a permit in writing from the City Engineer.

§ 104-16 Restoration of rights-of-way.

[Amended 2-14-2006 by Ord. No. 2006-22; 5-23-2017 by Ord. No. 2017-141; 2-19-2019 by Ord. No. 2019-34]

All persons working, obstructing or making excavations in the right-of-way shall restore the right-of-way in accordance with the rules and regulations or as otherwise directed by the City Engineer. The City Engineer shall have the authority to order the proper restoration of a right-of-way or any public place where work was done without a permit or in violation of any conditions of such a permit or of this chapter. If proper restoration is not made, the person shall be liable for any damages sustained as a result of the failure to properly restore the area.

The City Engineer may perform or cause to be performed such restoration at the expense of the permittee, with an additional 15% for administrative costs and 10% for inspection costs, on five days' written notice served by ordinary mail, or without notice if an emergency situation exists. The City may draw upon the security to pay the costs of such restoration, and/or an invoice for the total cost shall be mailed to the responsible person for payment within 30 days of the invoice date. Within this thirty-day period, the responsible person may appeal the invoice or any portion thereof to the Commissioner. The Corporation Counsel may institute an appropriate action or proceeding at law against such person for recovery of the costs and administrative expenses of such restoration by the City Engineer, plus any penalties prescribed by this chapter and the costs of such action or proceeding. No further permits shall be granted to such person until he or she has properly restored the right-of-way or has reimbursed the City Engineer for restoration effected by the City.

§ 104-17 Restoration guaranty.

[Amended 5-23-2017 by Ord. No. 2017-141; 2-19-2019 by Ord. No. 2019-34]

All persons working and making excavations in the right-of-way must provide security as set forth in § 104-56 to ensure that their permanent restoration work survives for a period of at least two years from the date of acceptance of the permanent restoration by the City Engineer. The permittee may be required to completely re-excavate, refill and repave any permanent restoration that fails within the two-year guarantee period. At the City Engineer's discretion, a longer guarantee may be required based on the existing useful life of the right-of-way affected.

If, at any time, whether during or after the required guarantee period, it is discovered that the permanent restoration was not made in accordance with City specifications, the permittee shall be responsible for making a proper restoration, and failure to comply shall be a basis for the City to draw upon the security and to perform or cause to be performed all necessary restoration work.

§ 104-18 Tests on right-of-way restorations.

[Amended 6-15-1999 by Ord. No. 99-195; 6-17-2008 by Ord. No. 2008-206; 6-19-2012 by Ord. No. 2012-235; 6-16-2015 by Ord. No. 2015-166; 5-23-2017 by Ord. No. 2017-141; 2-19-2019 by Ord. No. 2019-34]

The City has the right to order a test on any right-of-way restoration in order to determine if the work has been completed in accordance with City specifications. If the test shows the restoration to be acceptable, the testing costs will be borne by the City. If the first test shows the restoration to be unacceptable, the permittee must pay the amount of $1,000, and for additional tests the amount of $1,200, in addition to making the proper restoration. No further permits will be issued to said permittee until the invoice for the testing and penalty has been paid.

§ 104-19 Restoration by City; costs.

[Amended 2-14-2006 by Ord. No. 2006-22; 5-23-2017 by Ord. No. 2017-141; 2-19-2019 by Ord. No. 2019-34]

Permanent restoration of a cut or excavation in the right-of-way may be made by the City, through its Street Maintenance Division, if the permittee so desires and if approved by the Commissioner. The Commissioner shall establish rules and regulations regarding restoration by the City and the requirements for permittees requesting the City to perform such restoration.

The permittee shall pay to the City the total cost estimate of the work based upon the current unit prices prepared by the Street Maintenance Division. The Street Maintenance Division may revise unit prices twice a year. The initial payment by the permittee shall be calculated from his or her estimate of the size of the excavation, including a six-inch cutback on all sides of the excavation to be performed by the City. If the actual dimensions exceed the original estimate, the permittee shall be responsible for the additional amount due.

If any charge so made by the City remains unpaid after 30 days of the invoice date, no further permits for any excavation shall be issued to said permittee until the payment is made.

§ 104-20 Extended maintenance fee.

An extended maintenance fee in addition to the regular permit fee shall be paid by the permit applicant whenever an excavation will be made in a newly reconstructed or newly resurfaced pavement.

The extended maintenance fee will be charged at time of permit issuance for a period of 15 years after a street has been reconstructed and for a period of seven years after a street has been resurfaced. The cost of the extended maintenance fee will be based on the size of the pavement excavation.

[Amended 5-12-1992 by Ord. No. 92-180; 6-15-1999 by Ord. No. 99-195]

The extended maintenance fee shall be waived for public and private utilities in all cases where the City has not provided a minimum advance notice of 60 days of the street improvement work to them so that they can complete all necessary work prior to the street improvement. After receiving the advance notice, the permit applicant may request a sixty-day extension if extensive work is necessary.

The extended maintenance fee shall be waived for property owners undertaking new development or performing improvements to their property in cases where the extended maintenance fee exceeds 1% of the total cost of the improvements being undertaken. This waiver shall only apply to property owners or their contractors doing work within the right-of-way at their own expense and not to work being performed by public and private utilities in connection with this development.

§ 104-21 Liability for damages and claims.

The permittee shall be liable for any damages or claims arising from the performance of any work for which a permit is required. This Article shall not be construed as imposing liability on the city, its officers or employees for any damages or claims arising from the performance of work under a permit; nor shall the city, its officers or employees be deemed to have assumed any liability or responsibilities by reason of the issuance of a permit, the approval of any work or any inspections made at the site of any permitted work.

§ 104-22 Interference with survey monuments.

No person shall interfere with, disturb or move any survey monument without having obtained a permit in writing from the City Engineer. Interference for the purpose of this section shall be defined as any excavation work within three feet of a survey monument or any extensive excavation work further than three feet from a survey monument that may affect the accuracy of the monument.

§ 104-23 Moving buildings along the right-of-way.

[Amended 5-23-2017 by Ord. No. 2017-141]

No person shall move a building upon or along the right-of-way without a permit in writing from the City Engineer, which permit shall specify the route to be taken and contain such additional conditions as the City Engineer deems necessary.

§ 104-24 Right-of-way obstructions.

[Amended 5-23-2017 by Ord. No. 2017-141]

No person shall place or suffer to remain materials of any kind or any goods, wares, merchandise, equipment, machinery or other article or obstruction in the right-of-way without a permit in writing from the City Engineer, except while in the process of actively loading or unloading. Unless skids are necessary, a passageway for pedestrians shall be kept open while loading or unloading. This section shall not prohibit the doing of anything otherwise permitted by law or ordinance in the manner and form therein set forth, including the maintenance of newsstands so permitted.

The permit shall contain such conditions and be effective for a period of time as shall be established by the City Engineer. Such permits may be revoked by the City Engineer without notice.

The person to whom such permit is granted must cause all obstructions or materials to be enclosed with barriers sufficient to secure public safety and at all times during the night must keep lighted lamps upon said barriers to give warning to all persons.

All such materials, obstructions and rubbish arising therefrom must be removed not later than the expiration date of the permit, and immediately upon the revocation of the permit.

§ 104-25 Driveways and curb cuts.

It shall be unlawful to drive any vehicles over a curb or sidewalk or to lower any curb or change the grade of any sidewalk for the purpose of providing a driveway across such curb or sidewalk, except upon complying with the following conditions and obtaining a permit in writing from the City Engineer:

Application shall be made in writing to the City Engineer by the owner of the abutting premises or by his or her contractor or authorized representative.

[Amended 2-14-2006 by Ord. No. 2006-22]

Every such driveway shall be paved with concrete or other approved material and shall be constructed in accordance with the terms set by the City Engineer, and the condition that upon failure to comply with all the terms of the permit, the privilege may be revoked and the curb and sidewalk ordered restored to its original grade and condition at the expense of the permittee or the owner of the abutting premises.

Should the vehicular or other use of such driveway, in the opinion of the City Engineer, be or become dangerous to vehicles or pedestrians, the City Engineer shall give notice in writing to the owner of the abutting property to discontinue the use of such driveway and to restore the curb and sidewalk to their original or proper condition within 10 days.

Whenever the abutting property owner discontinues the use of a driveway, it shall be his or her responsibility to abandon the driveway by replacing the curb, removing the driveway apron and restoring the sidewalk and tree lawn area to their original or proper condition.

[Amended 2-14-2006 by Ord. No. 2006-22]

The City Engineer shall refuse a permit to lower any curb or to change the grade of any sidewalk when, in his or her opinion, the actual or intended use of such driveway would endanger pedestrians or interfere with the flow of traffic or create an inordinate hazard on the abutting street. The City Engineer shall adopt and promulgate rules and regulations governing the location, size and construction of driveways or curbs as he or she deems necessary.

[Amended 2-14-2006 by Ord. No. 2006-22]

The City Engineer shall have the power to require the construction of acceleration, deceleration or turning lanes as he or she deems necessary to be provided along the street abutting such driveway.

[Amended 2-14-2006 by Ord. No. 2006-22]

The City Engineer shall not issue a permit for any driveway or curb cut in the Central Traffic District unless the plans have been approved by the Traffic Control Board as to the location and dimensions of entrance and exit drives and the necessity of providing acceleration or deceleration lanes along the street at the entrance and exit drives. The Traffic Control Board may deny approval to any plans for driveways or curb cuts which will interfere with the continuity of traffic flow in the street.

§ 104-26 Jurisdiction and penalties.

[Amended 6-13-1989 by Ord. No. 89-199]

The Municipal Code Violations Bureau shall hear and determine charges involving violations of this article.

Any person who violates this article shall be subject to the penalties set forth in § 13A-11 of the Municipal Code. Every day of said violation may be held to constitute a separate offense.

For purposes of § 13A-11, the following sections are designated as sections for which violators shall be subject to the penalties established in § 13A-11C:

[Amended 9-14-2021 by Ord. No. 2021-296]

	Section	Subject
	104-10	Hindering or obstructing improvements
	104-12	Excavations near streets
	104-13	Excavations in streets
	104-14	Traffic control devices and detours around street work
	104-15	Permit required for construction or repair
	104-16	Restoration of streets and public places
	104-22	Interference with survey monuments
	104-23	Moving buildings along streets
	104-24	Street obstructions
	104-25	Driveways and curb cuts

§ 104-27 Street reconstruction cost sharing.

[Added 6-4-1985 by Ord. No. 85-221]

When a public or private utility performs work on its facilities within the roadway in conjunction with a City street project and the extent of the work is substantial enough as determined by the City Engineer to dictate the total reconstruction of a street originally scheduled for rehabilitation, the public or private utility performing the work within the project limits shall share in the additional cost to reconstruct the street.

The street reconstruction cost share shall be equal to the pavement reconstruction costs of the normal excavation limits required to complete the utility work. Payment of the reconstruction shares by private utilities shall be made through the street opening permit process.

§ 104-28 Neighborhood traffic calming.

[Added 8-19-1997 by Ord. No. 97-302]

The Council hereby approves the use of neighborhood speed humps as a geometric street feature to serve as a traffic calming device on local residential streets. The City Engineer is authorized to adopt rules and regulations as necessary to establish eligibility criteria for streets which may participate in the program, and to establish the location and configuration of the speed humps on eligible streets.

§ 104-29 Complete Streets Policy.

[Added 11-15-2011 by Ord. No. 2011-356]

Purpose. The City seeks to create an interconnected network of transportation facilities which accommodate all modes of travel in a manner that is consistent with neighborhood context and supportive of community goals by establishing a Complete Streets Policy to incorporate active transportation into the planning, design, and operation of all future City street projects, whether new construction, reconstruction, rehabilitation, or pavement maintenance. Active transportation attempts to better integrate physical activity into our daily lives through increased emphasis on walking, bicycling, and public transportation. Active transportation improves public health, reduces traffic congestion, enhances air quality, and supports local economic development. Complete streets are streets that are planned, designed, operated, and maintained to enable safe access for all users and upon which pedestrians, bicyclists, transit users, persons with disabilities, and motorists of all ages and abilities are able to safely move along and across.

The City Engineer shall include bicycle, pedestrian and transit facilities in all street construction, reconstruction, rehabilitation and pavement maintenance projects conducted by or on behalf of the City, as appropriate, subject to the exceptions contained herein.

The City shall plan, design, build and maintain all bicycle, pedestrian, and transit facilities in accordance with accepted federal, state and local standards and guidelines, but will consider innovative and/or nontraditional design options, as appropriate.

The incorporation of bicycle, pedestrian, and transit facilities shall be mandated in all street construction, reconstruction, rehabilitation and pavement maintenance projects undertaken by or on behalf of the City, except under one or more of the following conditions:

(1)

The City Engineer determines there is insufficient space within the right-of-way to safely accommodate such new facilities.

(2)

The City Engineer determines that establishing such new facilities would require an excessive and disproportionate cost.

(3)

The City Engineer determines that inclusion of such new facilities would create a public safety risk for users of the public right-of-way.

(4)

The project is limited to routine or seasonal maintenance activities such as mowing, sweeping, or spot pavement repairs, including chip and seal and crack seal activities.

(5)

Bicyclists and pedestrians are prohibited by law from using the facility.

The Traffic Control Board shall review all street construction, reconstruction, rehabilitation and pavement maintenance projects for consistency with this policy.

The City Council shall receive an annual report from the City Engineer on the City's consistency with this policy with respect to all street construction, reconstruction, rehabilitation and pavement maintenance projects under design or construction by or on behalf of the City.

Planning studies and/or engineering reports for street projects prepared by or on behalf of the City shall include documentation of compliance with this policy.