[Amended 11-10-1992 by Ord. No. 92-404; 5-23-2017 by Ord. No.
2017-141; 2-19-2019 by Ord. No. 2019-34]
Whenever insurance is required pursuant to this article or by
a master license agreement, a certificate evincing such insurance
shall be filed with the City Engineer and approved by the Director
of Finance or the Corporation Counsel. The insurance shall be kept
continuously in force pending completion of the permit work or for
such longer period as required by a master license agreement, or in
the case of a permanent encroachment, in the City Engineer's sole
discretion, so long as the encroachment remains in place. Required
insurance shall indemnify the City of Rochester against all loss,
cost, damage or expense incurred or sustained by or recovered against
the City by reason of the permitted activity. Certificates of insurance
shall contain a provision that they shall not expire, nor shall they
be canceled, altered or amended, except on 30 days' prior written
notice to the City Engineer, served personally or by certified mail.
Municipal operations and property shall not be excluded from coverage.
Such insurance shall not limit the liability of the permittee. The
City shall be named as an additional insured party, and copies of
policy endorsements reflecting same shall be provided to the Director
of Finance. Liability insurance shall be issued by entities authorized
to do business in the State of New York and rated "B+" or better by
AM Best. Failure to obtain and maintain required insurance may result
in permit revocation and removal or discontinuance of the permit activity.
[Added 2-19-2019 by Ord.
No. 2019-34[1]]
Whenever security is required pursuant to this article or by
a master license agreement, such security shall be filed with the
City Engineer and approved by the Director of Finance or the Corporation
Counsel. The security shall be kept continuously in force pending
completion and acceptance of the permit work or for such longer period
as required by a master license agreement or for such period as the
City Engineer determines to be necessary to protect the right-of-way,
specifically but not limited to the need for continuous security for
restoration work or permanent encroachments. The security shall contain
a provision that it shall not expire, nor shall it be canceled, altered
or amended, except on 30 days' prior written notice to the City Engineer,
served personally or by certified mail. Municipal operations and property
shall not be excluded from coverage. Failure to obtain and maintain
required security may result in permit revocation and removal or discontinuance
of the permit activity.
[Amended 5-23-2017 by Ord. No. 2017-141; 2-19-2019 by Ord. No. 2019-34]
General liability insurance and security shall be required for
the construction of signs projecting over the right-of-way. For two
signs or fewer, there shall be not less than a $50,000 performance
security and not less than $1,000,000 single limit general liability
insurance covering both bodily injury and property damage. For more
than two signs, there shall be not less than a $100,000 performance
security and not less than $2,000,000 single limit general liability
insurance covering both bodily injury and property damage. The performance
security may be released upon successful completion of installation
or construction of all such signs. Liability insurance shall be maintained
as required by this section so long as the signs remain in place.
[Amended 5-23-2017 by Ord. No. 2017-141]
In cases in which applications are made to the City Engineer
for a permit to construct and maintain areaways in the right-of-way,
or for a permit to place any permanent structure or construction of
any kind in the right-of-way, liability insurance and performance
security shall be required. With the exception of applications involving
telecommunication facilities, the performance security shall be in
an amount not less than $250,000, and there shall be not less than
$2,000,000 single limit general liability insurance covering both
bodily injury and property damage. The security and insurance requirements
for all telecommunications facilities shall be as set forth in the
master licensee agreement.
[1]
Editor’s Note: Former § 104-53, Substitution of
insurance for bonds for encroachments, was repealed 5-23-2017 by Ord.
No. 2017-141.
[1]
Editor’s Note: Former § 104-54, Acceptance of substitute
bonds, as amended, was repealed 5-23-2017 by Ord. No. 2017-141.
[Amended 5-23-2017 by Ord. No. 2017-141; 2-19-2019 by Ord. No. 2019-34]
A.Â
Licensed plumbers, contractors and other persons engaged in any business
the nature of which requires or results in frequent applications for
permits to make obstructions or excavations in the right-of-way shall
not be required to furnish a separate security or insurance certificate
for each permit, but a general security or insurance certificate may
be given annually, indemnifying the City from any and all loss, cost
or damage resulting or arising from any act done or permitted in pursuance
of such permits, which security or certificates shall be renewed from
year to year so long as the person shall continue business within
the City.
B.Â
Annual insurance shall be in an amount required by the City Engineer,
but not less than $1,000,000 for bodily injury and property damage,
or an annual security not less than $100,000.
[Amended 11-10-1992 by Ord. No. 92-404; 2-14-2006 by Ord. No. 2006-22; 5-23-2017 by Ord. No. 2017-141; 2-19-2019 by Ord. No. 2019-34]
A.Â
With the exception of telecommunication providers subject to Chapter 106, the City Engineer is hereby directed, in all cases in which applications are made to him or her for consent or permission to make any excavation in the right-of-way or for permission to place any materials, equipment or obstruction in the right-of-way, to require security, approved by Director of Finance or the Corporation Counsel as to form and substance, in an amount determined in the sole discretion of the City Engineer, sufficient to protect the right-of-way and the City's interests.
B.Â
The City Engineer is authorized to waive the requirement of security
in all cases where the work to be done under permit will not cause
damage to pavement, sidewalks, curbing or any other portion of the
City right-of-way.
C.Â
The City Engineer is authorized to draw upon the security as may
be necessary to cover the costs to the City, including administrative
costs to perform work which a permit applicant failed to perform after
receiving a written request from the City to perform said work. The
City Engineer may draw upon the security only after the permit applicant
has failed to perform said work, failed to pay the invoice for the
cost of the work performed by the City and failed to win an appeal
to the Commissioner of Environmental Services of the invoice or failed
to make such an appeal in a timely fashion.
D.Â
If the City has drawn upon the security, no new permits shall be
issued to the permit applicant until the full amount of the security
is restored.
[Amended 4-26-1983 by Ord. No. 83-132; 3-3-1985 by Ord. No.
87-22; 6-4-1985 by Ord. No. 85-221; 9-3-1985 by Ord. No. 85-385; 3-3-1987 by Ord. No. 87-22; 5-22-1990 by Ord. No. 90-195; 5-12-1992 by Ord. No. 92-180; 6-14-1994 by Ord. No. 94-174; 6-15-1999 by Ord. No. 99-195; 6-18-2002 by Ord. No. 2002-199; 6-22-2004 by Ord. No.
2004-170; 8-24-2004 by Ord. No. 2004-288; 6-17-2008 by Ord. No.
2008-206; 6-19-2012 by Ord. No. 2012-235; 6-16-2015 by Ord. No. 2015-166[1]]
A.Â
Applications for permits required by this chapter shall be made in
writing to the City Engineer, shall contain such information as the
City Engineer may require and shall be accompanied by the fee detailed
in the permit fee schedule maintained by the City Engineer. The permit
fee schedule shall be amended from time to time to time by the City
Council. Any fee not specified in the fee schedule shall be determined
by the City Engineer based on a reasonable estimate of actual costs
and expenses associated with the permit review process.
[Amended 5-23-2017 by Ord. No. 2017-141; 2-19-2019 by Ord. No. 2019-34]
B.Â
Utility companies and other companies performing work in the City
may pay an annual maintenance fee, which shall include the fees for
all work other than work requiring excavation in the City rights-of-way.
[Amended 5-23-2017 by Ord. No. 2017-141]
C.Â
There shall be an additional fee for performing work for which a
permit is required and for which no permit has been obtained or for
which a permit was obtained but the work has been stopped by the City
Engineer. The additional fee shall be equal to the applicable permit
fee. The applicable permit fee shall also be paid.
D.Â
The City Engineer shall have the power to waive the permit fee for
work done by a contractor performing or accommodating a City project
or a project of another government agency.
[Amended 5-23-2017 by Ord. No. 2017-141]
E.Â
Where multiple openings are made, the permit fee shall be the lesser
of the fee based upon the total square footage of the multiple openings
or the sum of the fees for the individual openings.
G.Â
The annual fee for vaults and areaways, bridges and tunnels shall
be a lien upon the adjoining parcel or parcels of real property which
they benefit. At the option of the Director of Finance, such fees
may be added to the annual real property tax bill for such parcels.
H.Â
Fees for excavation in the right-of-way. No fee shall be required
for excavation in the right-of-way, provided that the work does not
disturb the roadway or public sidewalk and is for the renewal of residential
water service only.[3]
[Amended 5-23-2017 by Ord. No. 2017-141]
[3]
Editor’s Note: Former Subsection I, which immediately
followed this subsection and concerned the fee for reinspection, was
repealed 5-23-2017 by Ord. No. 2017-141.
[1]
Editor's Note: This ordinance provided an effective date of
7-1-2015.
[Added 5-23-2017 by Ord.
No. 2017-141]
The permit fees and associated requirements under this section
shall not apply to the City.
