§ 281-43. Street openings generally., 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 open or cause to be opened, by cutting or excavating, the surface or soil of any street, highway, sidewalk area or public ground for any purpose whatsoever without first obtaining therefor from the Commissioner a written permit for street opening, except, however, that the construction, removal, replacement or repair of a sidewalk, curb or driveway shall be done under a permit for a sidewalk, curb or driveway, as set forth in § 281-42, in lieu of a permit for street opening.

(2)

No person, firm or corporation shall make or cause to be made any connection into a sanitary sewer, stormwater drain, in an easement or right-of-way across private property, said sanitary sewer, stormwater drain forming a part of the sewer, drainage or water distribution system, respectively, of the City of New Rochelle, without first obtaining from the Commissioner a written permit for street opening.

(3)

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 the latter's discretion, may authorize and after payment of an additional fee in the same amount as the original.

Application for permit.

(1)

Any person, firm or corporation desiring a permit for street opening shall make application therefor to the Commissioner for each such opening upon forms provided for that purpose.

(2)

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 to be performed, the location of such property, the block and lot designation, the size and purpose of the opening to be made and the maximum size of such opening, the date or dates when the work is to be performed, the type of pavement or surface to be disturbed, 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.

Insurance required. No permit for street opening shall be issued by the Commissioner until the applicant therefor shall have first placed on file with said Commissioner, without cost to the City, satisfactory evidence of public liability insurance in the amount of $500,000/$1,000,000 for personal injuries and $100,000 for property damage, naming the applicant and the City as insured and, in addition thereto, shall provide the City with an agreement to hold the City harmless from any liability or responsibility by virtue of the issuance of the permit.

[Amended 6-16-2015 by Ord. No. 124-2015]

Fees. No permit for a street opening 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:

(1)

A deposit to be determined as provided hereunder and to be furnished by the applicant only, unless otherwise authorized personally by the Commissioner.

(2)

A fee as set forth in Chapter 133, Fees. Said fee shall apply to a trench with a maximum width of three feet. For any width of trench beyond three feet, the fee per linear foot will increase in direct ratio to the increase in width. No fee shall be charged a public service corporation for the installation or relocating of poles. Said fee is to cover the cost of issuing and recording the permit and the supervision and inspection of the work done in connection therewith.

(3)

For any application deemed incomplete or insufficient by the Commissioner, a fee of $50 shall apply for resubmission.

[Added 6-16-2015 by Ord. No. 124-2015]

Deposits.

(1)

Amounts.

[Amended 11-22-1988 by Ord. No. 332-1988; 12-10-1996 by Ord. No. 26-1996; 12-12-2006 by Ord. No. 268-2006]

(a)

Concrete or reinforced concrete pavement to be disturbed, for each square yard: $72.50.

(b)

Plant-mixed or hot-mixed bituminous surface to be disturbed, for each square yard: $72.50.

(c)

Sidewalks, bituminous, to be disturbed, for each square foot: $0.25.

(d)

Sidewalks, other types, to be disturbed, other than for the installation of underground storage tanks, for each square foot: $7.25.

(e)

Curbing, bituminous, to be disturbed, for each linear foot: $14.50.

(f)

Curbing, other types, to be disturbed, for each linear foot: $24.

(g)

All other types of pavements to be disturbed, for each square yard: $72.50.

(h)

Unpaved surfaces, of any type, to be disturbed, for each square yard: $72.50.

(i)

Structures, connection to existing manhole, catch-basin or other structure, for each separate connection: $350.

(j)

Structures, construction of new manhole, catchbasin or other structure, for each separate structure: $1,900.

(k)

Trenching in any type of street pavement area, i.e., between curblines, and in addition to the above specified deposits:

[Amended 12-13-2011 by Ord. No. 216-2011]

[1]

Where the total depth is up to four feet or less below pavement surface, for each linear foot of trench: $12.00.

[2]

Where the total depth is between four feet and 10 feet below pavement surface, for each linear foot of trench: $25.00.

[3]

Where the total depth is greater than 10 feet below pavement surface, for each linear foot of trench: $40.00.

(l)

Test borings on any public street or other public area, for each boring hole: $250.

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

(m)

To cast-iron pipe sanitary sewer or stormwater drain, for each separate connection: $250.

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

(n)

To other type of sanitary sewer or stormwater drain pipe, for each separate connection: $250.

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

(o)

Installation of underground storage tanks or vaults in sidewalk areas, for each square foot of overall horizontal surface disturbed: $9.65; and not less than minimum of $525.

(p)

Excavation related to building construction for foundation work, shoring, etc:

[1]

For each front foot when the maximum depth of excavation below sidewalk grade is 12 feet or less, per foot of depth: $5.

[2]

For each front foot when maximum depth of excavation below sidewalk grade is greater than 12 feet, per foot of depth: $7.

(q)

Driving small pipes under pavements or sidewalks (amount of deposit to be based on area which would have been disturbed if work had been performed by open-cut trenching method); minimum amount of deposit for each street opening: $250.

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

(r)

Street openings for sewer connections or openings.

[1]

A minimum amount of deposit for street openings for sewer connection: $630.

[2]

A minimum amount of deposit for street openings for sewer opening in a brick pavement: $735.

(2)

Use of excavating machinery or other equipment in certain areas of the City. When excavating machinery or other equipment is to be used on work related to street openings or when such work is to be performed in or contiguous to any district other than the one-family or two-family Residence Districts, as defined in the Zoning Ordinance of the City, the Commissioner, in his discretion, may increase the amount of deposit to be required over and above the amounts hereinabove specified to an amount which, in the opinion of the Commissioner, would be sufficient to reimburse the City for any damage to the street or for any expense incurred by the City in maintaining and protecting traffic in a satisfactory and necessary manner.

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

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

(3)

When the permittee exceeds the maximum size of opening or work specified in the permit, said permittee shall, when so ordered and before proceeding with the work, pay to the Commissioner such additional amounts of deposit as the Commissioner may require. Failure on the part of the permittee to comply promptly with said order will be considered sufficient cause for revocation of the permit.

(4)

Disposition of deposits.

(a)

The amount of deposit shall be retained by the City for the duration of the period of maintenance as defined hereinbelow.

(b)

Upon the failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done or 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.

(c)

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.

(5)

Period of maintenance.

(a)

The period of maintenance shall be considered as a period of six months after the date of final completion, as determined by the Commissioner, of the work to be done pursuant to the terms of the permit, except, however, that in the event that the termination of said six-month period shall fall within the months of December, January, February, March or April, then and in that event the period of maintenance shall be considered as extending until the first day of the following May.

(b)

The permittee shall be responsible for the entire work and shall keep every portion of said work in perfect order and repair during the entire period of maintenance and, should said permittee fail to make needed repairs to the work or to adequately maintain surfaces disturbed by said permittee, the Commissioner reserves the right, in said Commissioner's discretion and without prior notice to the permittee, to cause such repairs to be made or such surfaces to be maintained by the City's own forces or by contract or otherwise, in which case the City shall be reimbursed for any expense incurred thereby in accordance with the provisions of § 281-34, and the permittee shall have no claim against the City for loss of anticipated profits or for any losses by reason thereof.

Deposit for excavations related to building construction for foundation work, shoring, etc. A permittee, in lieu of the deposit hereinbefore specified for excavations related to building construction for foundation work, shoring, etc., and if the amount of such deposit is in excess of $25,000, may file and keep on file with the Commissioner of Public Works a bond in an amount equivalent to the required deposit, said bond to be approved as to form, amount and sufficiency of surety by the Corporation Counsel, and said bond to be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be done and performed. Said bond provided for herein shall be considered as a deposit, and the provisions of Subsection E in regard to the disposition of deposit shall apply to such permit in the same manner as specified for other permittees in said Subsection E.

Public service corporation.

(1)

Unless otherwise agreed upon between a public service corporation and the City of New Rochelle, a public service corporation may, in lieu of the deposit hereinbefore specified for street opening, file and keep on file with the Commissioner of Public Works a bond in the amount of $5,000 per street opening in asphalt streets; $10,000 per street opening in concrete stress; or a blanket bond of $100,000 covering multiple openings in a given year, which must remain in effect for two years, said bond to be approved as to form, amount and sufficiency of surety by the Corporation Counsel, and said bond to be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed.

[Amended 6-16-2015 by Ord. No. 124-2015]

(2)

Said bond provided for hereinabove shall be considered as a deposit, and the provisions of Subsection E above in regard to the disposition of deposits shall apply to a public service corporation in the same manner as specified for other permittees in said Subsection E above.

(3)

A public service corporation may, in lieu of the insurance herein before specified for street opening, file and keep on file with the Commissioner of Public Works an agreement, approved as to form by the Corporation Counsel, to indemnify and save harmless the City of New Rochelle from claims, suits, actions, proceedings, losses, injuries, damages and costs of every name and description arising out of or resulting from any act or omission on the part of such public service corporation under any permit granted to it, or from any negligence or fault of such public service corporation, its contractors, agents, servants or employees in connection with sidewalk, curb or driveway work or repairs or street openings or any work related thereto and to also defend on behalf of the City of New Rochelle any such suits, actions or proceedings which may be instituted against the City of New Rochelle.

(4)

The Commissioner may, at his discretion, assign a representative to inspect, on behalf of the City, the work to be done under the provisions of any permit granted to a public service corporation, without any fee in addition to the fees provided in Subsection D of this section, where a bond is filed in lieu of a deposit.

(5)

Said public service corporation shall be billed by the City of New Rochelle for any expenses incurred by the City of New Rochelle by reason of any failure or default on the part of said corporation as determined and certified by the Commissioner, and any such bill shall be paid within 30 days after the same have been billed by the City.

(6)

In case of emergency due to breakage of pipes, etc., street openings may be made by a public service corporation prior to obtaining a permit for street openings; provided, however, that said public service corporation shall have filed the required bond and evidence of insurance or indemnity agreement as specified in this section and in Subsection C of this section, and provided further that said public service corporation shall make application for the necessary permit not later than 24 hours, Saturdays, Sundays and holidays not included, after said opening has been commenced.

Protection of existing structures.

(1)

It shall be the duty of the person, firm or corporation by whom or for whose benefit any street opening is to be made for any purpose whatsoever in the City of New Rochelle to give written notice thereof to any company whose pipes, conduits or other structures are laid in the street in which any work is to be done by the permittee under the provisions of a street opening permit not less than 24 hours before commencing such opening or work; and such person, firm or corporation doing such work shall, at its own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or other structures and in case of injury shall restore same, at its own expense, to as good a condition as they were before the beginning of such opening or work.

(2)

In case of failure of said person, firm or corporation to comply with the provisions of this section, then the same may be done by the company to whom the pipes, conduits or other structures belong, and the costs thereof and all damages sustained by said company thereby shall be paid by said person, firm or corporation to said company, and who may, in default thereof, maintain an action against such person, firm or corporation.

Maintaining and protecting traffic.

(1)

The permittee shall erect and maintain suitable barricades and fences around all of his or its work while excavation or other work is in progress and shall arrange his or its work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. The Commissioner may require that the work be so arranged as to make possible the complete removal of obstruction to traffic on Saturdays, Sundays and holidays and, at the discretion of the Commissioner during period of unusually heavy traffic volume. In the event that such requirement is not complied with by the permittee, the Commissioner may, in the latter's discretion, cause all or part of the work covered by the permit to be backfilled and temporarily resurfaced by the City's own forces or by contract or otherwise, in which case the City shall be reimbursed for any expenses incurred thereby in accordance with the provisions of § 281-34 and the permittee shall have no claims against the City for loss of anticipated profits or for any other losses by reason thereof.

(2)

Warning flags or signs and suitably lighted red lights shall be provided, if so ordered by the Commissioner, in accordance with the latter's direction.

(3)

Whenever the free flow of traffic is to be interrupted or interfered with, the Commissioner of Public Works may designate, with the approval of the Police Department, uniformed special-duty police officers to direct and expedite traffic, in such numbers as may be necessary in his discretion, with the cost thereof being reimbursed by the permittee.

[Amended 9-19-1989 by Ord. No. 226-1989; 4-26-2005 by Ord. No. 92-2005]

(4)

Unless otherwise authorized by the Commissioner, vehicular traffic shall be maintained at all times during the progress of the work being performed under the permit. In furtherance of the foregoing, all street openings shall be safely and adequately covered between the hours of 7:00 p.m. and 9:00 a.m. and all barriers removed to allow for the free flow of traffic.

[Amended 9-19-1989 by Ord. No. 226-1989]

(5)

No street opening shall be permitted to extend for more than one City block until all related and adjacent work has been safely and adequately covered to permit the free flow of traffic.

[Added 9-19-1989 by Ord. No. 226-1989]

Poles and wires. No person, firm or corporation shall erect or cause to be erected any telephone, telegraph or electric light or electric transmission pole or poles or install any conduits or change the location thereof or string any wires in, over or upon any street, highway or public place without first obtaining a permit therefor from the Commissioner.

Maximum size of openings. Where trenches fall within the roadway pavement of the sidewalk, trenches shall be covered daily with adequate size steel plates, as ordered by the Commissioner, to permit the flow of vehicular or pedestrian traffic. At no time shall the length of the street opening exceed 1/3 of the roadway pavement or the maximum length established by the Commissioner after due consideration is given to the amount of vehicular traffic and to the width of the pavement.

Holiday period. Street opening permits shall not be issued for work to be undertaken during the holiday period of December 1 through January 15, except on a showing of emergency by the applicant.

[Added 2-20-2001 by Ord. No. 45-2001]