§ 281-42. Sidewalks, curbs and driveways., Article III. Construction, Chapter 281. Streets, Sidewalks and Public Places, Part II. General Legislation, Code of Ordinances, New Rochelle

Permit required.

(1)

No person, firm or corporation shall construct, remove, replace or repair a sidewalk, curb or driveway within the limits of any public street, highway or other public property without first obtaining from the Commissioner a written permit for a sidewalk, curb or driveway.

(2)

Such permit shall be valid for an effective period not to exceed 30 consecutive calendar days, to be determined and specified therein by the Commissioner. Such effective period may be extended, if so requested in writing by the permittee prior to expiration thereof, for such additional period as the Commissioner, at his discretion, may authorize, and after payment of an additional fee in the same amount as the original.

Application for permit. Any person, firm or corporation desiring a permit for such work shall make application therefor to the Commissioner upon forms provided for that purpose. Said application shall contain the names and addresses of the applicant and of the owner of the property in front of which or for whom the work is performed, the location of such property, the block and lot designation thereof, the extent and nature of the work to be done, together with such necessary sketches and additional information as the Commissioner may require, and a signed statement by the applicant that said applicant agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit, the provisions of the Charter and the ordinances of the City and the applicable rules and regulations of the Department of Public Works, and that the City of New Rochelle is to be saved harmless from any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of said applicant, his servants or agents, in connection with any of the work done under or in connection with said permit.

Fees. No permit for the construction, removal, replacement or repair of a sidewalk, curb or driveway shall be issued by the Commissioner until the applicant shall have paid to the Commissioner, in cash or by check payable to the City of New Rochelle, a fee as set forth in Chapter 133, Fees, when such work or any part thereof is to be performed in streets located in or contiguous to any district, other than one-family or two-family Residence Districts, as defined in the Zoning Ordinance of the City, except that no fee shall be required for the construction, removal, replacement or repair of a curb located within the limits of a county road under the jurisdiction of the County Commissioner of Public Works or within the limits of a state highway under the jurisdiction of the State Commissioner of Transportation or for the repair of existing curb or sidewalk abutting one-family or two-family residential properties.

[Amended 12-12-2006 by Ord. No. 268-2006]

Editor's Note: See Ch. 331, Zoning.

Deposits.

(1)

No permit for the construction, removal, replacement or repair of a sidewalk, curb or driveway shall be issued by the Commissioner until the applicant therefor shall have first paid to the Commissioner, in cash or by check payable to the City of New Rochelle, a deposit in the amount to be determined in accordance with the following unit price for work to be done as determined by the Commissioner:

[Amended 11-22-1988 by Ord. No. 332-1988; 12-10-1996 by Ord. No. 261-1996; 12-12-2006 by Ord. No. 268-2006]

(a)

Sidewalk to be constructed, removed, replaced or repaired, for each square foot: $4.80.

(b)

Special sidewalk paving to be constructed, removed or repaired, for each square foot: $6.

(c)

Driveway to be constructed, removed, replaced or repaired, for each square foot: $6.

(d)

Curb to be constructed, removed, replaced or repaired, for each linear foot: $14.50.

(e)

Depressed curb, lowering, raising or cutting curb, or setting depressed curb for driveway entrance, for each linear foot: $14.50.

(f)

Minimum amount of deposit: $175.

[Amended 12-13-2011 by Ord. No. 217-2011]

(g)

Minimum amount of deposit for work on special sidewalk: $175.

[Amended 12-13-2011 by Ord. No. 217-2011]

(2)

Amount of deposit, and minimum amount thereof, shall be doubled when such work, or any part thereof, is to be performed in front of property in a district other than one-family or two-family Residence Districts, as defined in the Zoning Ordinance of the City, except that no deposit shall be required for the construction, removal, replacement or repair of a curb located within the limits of a county road under the jurisdiction of the County Commissioner of Public Works or within the limits of a state highway under the jurisdiction of the State Commissioner of Transportation.

[Amended 12-12-2006 by Ord. No. 268-2006]

Editor's Note: See Ch. 331, Zoning.

(3)

The deposit shall be retained by the City until the final completion of the work to be done pursuant to the terms of the permit, as security for the faithful performance by the applicant of all of the terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed.

(4)

Upon the failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on its part to be done and performed, said deposit may be used by the City for any expense incurred by the City by reason of such failure or default on the part of the permittee.

(5)

Any balance left after the expense of such failure or default, as determined and certified by the Commissioner, has been paid and deducted from the amount of the deposit shall be refunded to the permittee.

Work to conform to City specifications.

[Amended 6-20-2000 by Ord. No. 114-2000; 6-19-2012 by Ord. No. 89-2012]

(1)

Sidewalks, curbs and driveways shall be constructed, removed, replaced or repaired in accordance with such grades and specifications as may be determined or set forth by the Commissioner, and the permittee shall perform the work so as to meet the grade and alignment of the adjoining sidewalk, curb or driveway and/or such established line and grade as may be determined and directed by the Commissioner. The City may install new curb or mill the street pavement to return sufficient reveal.

(2)

Specifications have been established by the Commissioner for granite and concrete curbs. In general, granite curbs are required in commercial areas and concrete curbs are required in residential areas.

(3)

Specifications have been established by the Commissioner for concrete sidewalks as the City's standard. In cases where the existing walks are bluestone and replacement of defective flags is necessary, such flags may be replaced in kind where conditions allow. In cases where the existing walk is asphaltic concrete and the overall condition of the walk is deemed by the Commissioner to be acceptable, minor repairs to alleviate safety hazards will be allowed using like materials with prior approval and permit from the Commissioner of Public Works.

Depressed curb for driveway entrance.

(1)

Upon prior written approval of the Commissioner and subject to the provisions of this article, existing curbs may be lowered, as provided hereunder, for the purpose of providing driveway entrances or exits.

(2)

Prior to the issuance of a permit for a depressed curb fronting an existing building, the permittee shall obtain a written approval from the Building Official, stating that the use created by the proposed depressed curb is not in violation of the Zoning Chapter.

Editor's Note: See Ch. 331, Zoning.

(3)

Bluestone and granite curbs may be cut. Concrete curbs shall not be cut. If the curb is not cut to the satisfaction of the Commissioner it shall be removed and replaced.

(4)

The cutting or lowering of existing curbs, or the construction of new depressed curbs, for the purpose of providing driveway entrances or exits will not be allowed unless the permittee shall provide and install in each such case, during the effective period of the permit, an adequate driveway ramp or apron between said curb and the abutting property line and extending over the entire width of the existing or proposed driveway.

(5)

Said driveway, ramp or apron shall be surfaced with reinforced concrete seven inches in thickness, or not less than three inches of bituminous surfacing material over four inches of crushed stone, of satisfactory workmanship and construction.

(6)

The portion of a curb so depressed shall not exceed 25 feet in length, or lesser limits as shall be established by the Commissioner, in the latter's discretion.

(7)

The portion of driveway ramp or apron common with the sidewalk and forming a part thereof shall consist of reinforced concrete seven inches in thickness.

(8)

When a depressed curb or portion thereof is no longer used or needed for driveway entrance purposes, the owner of property fronting thereon shall, upon the written order of the Commissioner and within 30 days following such written order, raise and restore such depressed curb and apron or such portion thereof to its full height to conform to adjoining curbs and sidewalks or to such grade as shall be established by the Commissioner.

(9)

Failure of said owner to comply with such written order of the Commissioner within the time specified hereinabove shall constitute a violation of this article, and said owner shall thereupon be subject to the provisions of § 281-49 in regard to violations and penalties.

Pedestrian and vehicular traffic. Pedestrian and vehicular traffic are to be adequately protected by the permittee by means of suitable protective barricades and lighted yellow flashing lights around the work and the work is to be so arranged as to cause a minimum of inconvenience and hazard to such pedestrian and vehicular traffic. The Commissioner shall be the sole judge as to the suitability and sufficiency of the barricades and warning lights.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).