Town of Mount Pleasant, NY
Westchester County
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Table of Contents
Table of Contents
[Adopted 7-13-1976; amended in its entirety 9-25-2018 by L.L. No. 5-2018]
A. 
It shall be unlawful for any person, firm, company or corporation to make or cause to be made any curb cut, excavation or opening (hereinafter referred to as an "opening") in or under any street, sidewalk or public place or any portion thereof, whether paved or otherwise, in the Town of Mount Pleasant, for any purpose whatsoever, except upon compliance with the provisions of this chapter and the obtaining of a permit and the payment of a fee therefor as hereinafter provided for.
B. 
Such permit shall state the place where the opening is to be made, the dimensions, materials and other particulars and the amount of the fee and deposit to be paid therefor. The permit shall be exhibited by the applicant to any police officer or other officer or employee of the Town and to any resident of the Town on demand.
C. 
All applications for permits shall be made in writing and shall contain the following information:
(1) 
The name and business or residence address of the applicant.
(2) 
The name of the street, alley, sidewalk or public place in, onto or under which it is desired to make the curb cut, excavation or opening and the kind of curbing, pavement or sidewalk thereon.
(3) 
The purpose, size and location of the proposed curb cut, excavation or opening.
(4) 
The name and business or residence address of the person or persons for whose benefit the work is to be done.
(5) 
The time during which it is desired that such opening be permitted.
(6) 
The names and business and residential telephone numbers of every officer, partner and managing agent of every party interested in said property or said street opening.
D. 
No permit shall be issued until the application therefor has been approved as to location, design, dimensions, materials and other particulars by the Highway Superintendent, the Building Inspector, Town Engineer and the Chief of Police.
E. 
At least 48 hours prior to commencement of work, any person or authorized representative of any firm, company or corporation, desirous of making any opening, shall file with the Highway Department an application, in writing, for a permit for such opening on an application blank containing such information as the Highway Department shall specify. A sketch showing the location, dimensions and character of the opening shall accompany the application and all requirements of this article shall be complied with.
A. 
Methods.
(1) 
All excavations, including temporary and permanent work, within any street shall be performed in accordance with the requirements prescribed by the Highway Superintendent.
(2) 
The permittee shall make every effort to keep the amount of pavement damage to a minimum. The pavement damaged in the course of performing the work shall be restored by the permittee, at its own expense, with curb to curb paving if any part of the width of the roadway is disturbed and, if necessary, beyond the limits of the pavement (e.g., lawns, sidewalks, shrubs, gardens, etc.). Backfilling and compaction of excavations shall be performed by the permittee so that the least possible subsequent settling will occur and as soon as practicable. Before backfilling, the permittee shall notify the Highway Superintendent allowing adequate time as determined by the Highway Superintendent for inspection, particularly in the area of existing underground utilities. If, after permanent pavement restoration, settlement occurs due to failure of the backfill, the permittee shall again restore the damaged areas at the expense of the permittee.
(3) 
Immediately upon the completion of proper backfilling, the permittee shall construct temporary pavement. All temporary pavement shall be installed at a thickness of three inches. The surface of the temporary pavement shall not exceed above or lie below the surface of the adjacent permanent pavement and shall be reasonably smooth. The permittee shall be responsible for the proper placement and maintenance of the temporary pavement and shall keep the temporary pavement level with the surface of the surrounding permanent pavement and in proper repair and condition until such time as permanent pavement restoration is completed which permanent restoration is required to be curb to curb paving if any part of the roadway is disturbed.
(4) 
In any case, upon notice from the Highway Superintendent, the permittee, at its expense, shall immediately make such temporary repairs and take such corrective and protective measures to the work as directed by the Highway Superintendent.
B. 
Responsibilities of permittee.
(1) 
It shall be the responsibility of the permittee to perform the necessary restoration beyond the limits of the pavement, which shall include, but not be limited to, restoration of lawns, shrubs, gardens, curbing, sidewalks, fences, walls, etc., to a condition as good or better as that which existed prior to pavement work or restoration.
(2) 
Upon completion of the permanent repairs both within the limits of the pavement and outside the limits of the pavement, the permittee shall notify the Highway Superintendent, the Town Supervisor and the Town Engineer, in writing, that the permanent repair or replacement has been completed, setting forth the date of completion. The permittee shall, and has the duty and responsibility to, maintain the replacement area for a period of one year after completion. In any case, upon notice from the Highway Superintendent within said one-year period, the permittee, at its expense, shall immediately make such repair or replacement and take such protective measures to the work as ordered by the Highway Superintendent.
(3) 
Correction by Town at expense of permittee. In any case where the permittee does not timely and properly maintain, repair, replace any temporary or permanent replacement pavement or restore areas outside the pavement as required, the Town shall draw upon the deposit provided by the permittee to excavate and restore and perform such maintenance or make said repairs or replacements or take such protective measures. The cost thereof shall be charged to the permittee by the Town and/or drawn from any and all monies deposited with the Town by the permittee.
C. 
Deposit required. Prior to the issuance of a permit, the applicant/permittee shall deposit with the Town a sum of money in cash or certified check sufficient to reimburse the Town for all expenses which may be incurred by it in restoring the disturbed surface of the street or other area opened. The amount of such deposit shall be computed as follows:
(1) 
Concrete, macadam, brick or other hard-surfaced road, sidewalk or public area: $300 per square yard;
(2) 
Gravel, dirt or other surface: $25 per square yard;
(3) 
Concrete sidewalks: $15 per square foot;
(4) 
Blacktop sidewalks: $10 per square foot;
(5) 
Curbing: $25 per linear foot; and
(6) 
Limits beyond the pavement: to be determined by the Highway Superintendent.
D. 
Franchises.
(1) 
Any utility company holding a franchise in Town streets may, at its option, pay to and maintain with the Town Clerk a blanket deposit in the amount of $10,000 covering all street work performed by the company on an ongoing basis in lieu of the deposits above specified. Any such blanket deposit shall be subject to all of the provisions of this section. If said deposit is drawn upon by the Town, said deposit must be immediately replenished by the franchise.
E. 
Refurbishment by the town.
(1) 
In the event that such pavement, curbing or flagging is not restored or replaced in accordance with the provisions of this article, the Town shall do or cause to be done said restoration or replacement at the expense of the permit holder, and the cost of such work, including labor, materials and supervisory services, shall be deducted from the amount of the deposit to be returned to the applicant. The applicant shall pay to the Town any excess of such costs over the amount of the deposit.
F. 
Refund of deposit.
(1) 
On completion of the work and approval thereof by the Highway Superintendent, but in no event sooner than one year from completion, the holder of the permit may apply for a return of such deposit or any remaining balance thereof.
G. 
Fees.
(1) 
Nonrefundable fees must be paid by the applicant as set forth in Chapter A224, Fees, for curb cut permits and street opening permits, these fees shall be retained by the Town to cover cost of issuing the permit and any inspections required. All fees collected shall be transmitted monthly by the Highway Superintendent to the Supervisor.
H. 
Escrow account for review of larger projects.
(1) 
For large scale projects, disturbing a total of 2,000 feet of the length of any portion of roadway or more, the applicant must provide adequate escrow monies as determined by the Highway Superintendent to pay for the costs of the Town hiring a third-party inspector to inspect such large scale project.
A. 
Any public service corporation may be entitled to commence street opening work of an emergency nature, provided that, if the offices of the Town of Mount Pleasant are closed, the Town Superintendent of Highways, Town Supervisor, the Police Department and Water and Sewer Department shall be notified, the Town's Water and Sewer Department must complete its mark-out prior to any work being done, and an application for such permit shall be made in the same manner outlined herein before the close of business hours for the first working day following the date of the emergency opening.
B. 
Street openings for the sole purpose of making original installations or connections will under no circumstances be classed as emergency work.
C. 
Each permit, or renewal thereof, shall expire 30 days following the issuance thereof and may be renewed upon written application to the Highway Department and payment of an additional fee in the amount prescribed in Chapter A224 and the submission of any additional monies required by this article.
A. 
Specifications.
(1) 
The street opening work and the final restoration shall be performed in accordance with specifications approved by the Highway Superintendent, which shall include the following minimum specifications:
(a) 
If a new patch occurs where there is an existing patch, the entire existing patch shall be removed and replaced.
(b) 
If the patch falls within 18 inches of the curb or pavement edge, the patch shall extend to the curb or pavement edge.
(c) 
The final patch shall have a crown.
(d) 
No digging shall start on a Saturday, Sunday or holiday, except in an emergency.
(e) 
Concrete. If the street is concrete, the patch shall be concrete. The concrete shall be saw-cut to establish a clean, smooth surface. The existing concrete shall be drilled and doweled to a twelve-inch depth, and the dowel shall be two feet on center. The seam between the new and existing concrete shall be tack coated with tar.
(f) 
Asphalt. If the street is asphalt, the patch shall be asphalt. The existing asphalt shall be saw-cut to a depth two inches and shall be 12 inches wider than the trench. A binder course of 4 1/2 inches and a top course of 1 1/2 inches shall be required. The seam between the new and existing asphalt cut tack coated shall be sealed with tar.
(g) 
The entire width of the roadway shall be resurfaced, and if necessary, beyond the limits of the pavement (e.g., lawns, sidewalks, shrubs, gardens, etc.).
(h) 
All work shall be performed in a good and workmanlike manner, satisfactory to the Highway Superintendent.
(i) 
All street openings and work areas shall be provided with warning signs, barricades and lighting as necessary for public safety and in conformance with applicable provisions of the State of New York Department of Transportation Manual of Uniform Traffic Control Devices.
B. 
Certificate of insurance.
(1) 
No permit shall be issued until applicant has filed with the Highway Department a certificate of insurance from a company authorized to do business in the State of New York, certifying that the applicant has in full force and effect public liability insurance to indemnify and protect the Town against any loss, damage or injury which might be incurred by reason of such street excavation or performance of the work incidental thereto. Such certificates of insurance shall state that the Town of Mount Pleasant is an additional insured under said policies and that the Town shall be notified of any intent to cancel in any manner the policy referred to or of any change in the terms of the policy or limits thereof. Limits of liability of said insurance shall be not less than the following:
(a) 
Bodily injury damage: $1,000,000 for any one person and $1,000,000 for any one accident.
(b) 
Property damage: $1,000,000 for any one accident.
(2) 
Such insurance shall remain in force and effect and the operations covered thereunder shall not be deemed completed until at least 90 days after completion of the work hereinafter prescribed in the subsection labeled "compliance required" of this chapter (Town Code § 188-8A). Any permittee shall also prepare an agreement indemnifying and holding the Town harmless for any work performed on a Town street or right-of-way.
(3) 
A public service corporation electing to file and keep on file a performance bond and indemnity agreement may file with the Highway Department in lieu of a certificate of insurance a certificate that such corporation is a self-insurer.
A. 
Compliance required.
(1) 
The owner(s) of the property benefited and the person, firm, company or corporation executing the work shall comply with the following, all at the cost of the permittee.
(a) 
Proper lighting, barricading, reflectors, signs and watchmen shall be provided to the extent necessary to protect the public.
(b) 
Gutters shall be kept clear so that free flow of water is permitted.
(c) 
All work under the permit shall be pursued diligently and continuously until completed.
(d) 
Not more than half of the paved width of any street shall be closed to traffic at one time.
(e) 
The size of the opening shall not exceed that for which the permit was issued without first amending the permit as issued.
(f) 
After backfilling openings which have been sheathed, the sheathing shall be left in place and cut down one foot below grade.
(g) 
No tunneling or undercutting is permitted.
(h) 
Frozen earth or stones over six inches shall not be used in backfill. All shall be left in condition safe for travel by the public without hazard. It shall be the responsibility of the applicant to maintain the proper amount of backfilling openings for a period of 90 days after completion of the original backfillings.
(i) 
Should any temporary steel plates and the like be used to cover open construction, such plates must be flush to grade and not simply laid over the street openings. The Town reserves the right to prohibit the use of steel plates due to roadway grade, higher traffic volume roadways, winter conditions or the contractor's failure to keep steel plates in safe and non-disruptive operation.
(j) 
Pavement shall be restored or rebuilt to a permanent condition.
(k) 
All work done under the permit is subject to the inspection and approval of such persons as the Highway Superintendent may appoint and the applicant is required to notify the Highway Department when all work prescribed herein is completed, and thereafter a final inspection shall be conducted by the Highway Superintendent or a person designated by him.
(l) 
Maintenance and Protection of Traffic shall meet the latest standard of the New York State Manual of Uniform Traffic Control Devices.
B. 
Noncompliance.
(1) 
If an applicant fails to comply with any of the provisions of this article and the Town backfills or restores the pavement to a permanent condition, repairs steel plate installations, and the like, the permittee shall pay for the cost of such work. In the case of a public service corporation which has elected to file and keep on file a bond and indemnity agreement pursuant to the subsection labeled "deposit required," the cost of such work shall be paid directly by the corporation and, if not so paid, shall be collected under the deposit.
C. 
Penalties for offenses.
(1) 
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.