City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[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.
[1]
Editor's Note: This ordinance also renumbered former §§ 104-51 and 104-52 as §§ 104-52 and 104-53, respectively.
[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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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.
F. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection F, concerning the fee for a building wall permit, was repealed 5-23-2017 by Ord. No. 2017-141.
G. 
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. 
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.