§ 281-47. Obstructions., 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 obstruct, encumber or occupy in any manner or for any purpose whatsoever any public street, highway or sidewalk area without first obtaining therefor from the Commissioner a written permit for street obstruction.

(2)

The use and operation of construction machinery or equipment which obstructs, encumbers or occupies any portion of a public street, highway or sidewalk area will not be allowed unless a written permit for street obstruction has first been obtained from the Commissioner.

(3)

Such permits 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.

Application for permit. Any person, firm or corporation desiring a permit for street obstruction 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 the street obstruction is proposed, the location of such property, block and lot designation thereof, the extent and nature of the proposed obstruction, the date or dates thereof, together with such necessary sketches and additional information as may be required by the Commissioner, and a signed statement by the applicant that said applicant agrees to abide by all 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.

(1)

No permit for street obstruction 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 not less than a combined single limit policy of $1,000,000 naming the applicant and the City of New Rochelle, its officers, agents and employees as named insureds and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Corporation Counsel, to insure the City against loss, injury or damage arising out of granting of the permit or from any negligence or fault of said applicant, his agents, servants or employees, in connection with said obstruction or with any work related thereto.

(2)

Such insurance must remain in force throughout the effective period of the permit as well as any authorized extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the City of New Rochelle of any modification or cancellation of any such insurance.

Fees.

(1)

No permit for street obstruction 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)

A deposit in an amount to be determined as provided hereunder; and

(b)

A minimum fee as set forth in Chapter 133, Fees, except that the Commissioner, in his discretion, may issue a temporary nonextendable permit for street obstruction valid for a period not to exceed two consecutive calendar days for which the fee shall be 2% of the amount of the deposit for one day and 3% of the amount of the deposit for two days but not less than the amount of the minimum deposit specified in this section.

(2)

No permit for street obstruction shall be extended 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 fee as set forth in Chapter 133, Fees.

Deposits.

(1)

The amount of deposit for street obstructions shall be computed in accordance with the following unit prices, for areas to be constructed, encumbered or occupied as determined by the Commissioner:

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

(a)

For the storage of materials, or any operation in connection with the erection, demolition, repair, alteration or reconstruction of a building other than the loading, unloading and/or operation of construction equipment or machinery, for each square foot: $1.20.

(b)

For the loading, unloading and/or operation of construction equipment or machinery, in connection with the erection, demolition, repair, alteration or reconstruction of a building: $2.40.

(c)

Minimum amount of deposit for each street obstruction:

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

[1]

Residential: $105.

[2]

Commercial: $210.

(2)

The amount of deposit, and minimum amount thereof, prescribed above, shall be doubled when the obstruction, or any part thereof, occurs in streets located 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.

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

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

(3)

When the permittee exceeds the maximum authorized obstruction specified in the permit, said permittee shall, when so ordered, 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 shall be considered sufficient cause for revocation of the permit.

(4)

The deposit shall be retained by the City until expiration of the permit as security for the faithful performance by the applicant of all 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, and without prior notice thereof to the permittee, and said permittee shall have no claim against the City for loss of anticipated profits or for any losses by reason thereof.

(5)

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

Permissible area of obstruction.

(1)

In the case of a permit issued by the Commissioner for a street obstruction related to the erection, demolition, repair, alteration or reconstruction of a building, the permissible area of the street, highway or sidewalk to be obstructed, encumbered or occupied shall be determined and specified by the Commissioner.

(2)

Unless otherwise authorized in writing by the Commissioner, the permittee shall conduct his operation under the permit for street obstruction in such manner that not more than 1/4 of the total width of a street or highway pavement or surface shall at any time be obstructed or a maximum width of obstruction of seven feet, whichever is least.

(3)

The permittee shall keep clear and unobstructed, at all times, and shall in no way interfere with prompt access to, or adequate operation of, all manholes, catch basins, hydrants, valves or fire alarm boxes that may be situated in or near the area obstructed or occupied in accordance with the permit.

(4)

Except as otherwise provided herein, the permittee shall also keep clear and unobstructed at all times the sidewalk area and gutter in or near the area occupied under the permit and shall remove promptly therefrom any dirt, rubbish, snow or ice.

Safeguarding pedestrian and other traffic.

(1)

Except as otherwise provided herein, the permittee shall erect and maintain suitable protective barricades and fences around the obstruction or area occupied and shall at all times provide a safe, adequate and unobstructed passageway not less than four feet in clear width for the use of pedestrians.

(2)

When materials are to be moved over the sidewalks by means of a derrick, crane, hoist or chute, the permittee shall provide a safe and adequate sidewalk shed conforming to the requirements of the Commissioner or, when so ordered by the Commissioner, shall provide a safe, adequate and unobstructed temporary sidewalk around the obstruction or area occupied.

(3)

Temporary sidewalks, when so ordered, shall, wherever practicable, be built to the same level as the existing sidewalk and in such manner as not to interfere with the free flow of water in the street or gutter.

(4)

The permittee shall also make adequate provision for the safe passage of vehicular traffic by day and by night. Where the free flow of traffic is interfered with, the permittee shall designate competent persons to direct and expedite traffic by means of lights or flags.

Loading and unloading across sidewalk. No permit for street obstruction shall be required for the loading or unloading, across a sidewalk area, of goods, wares or merchandise which are in the process of being transferred to or from trucks or other vehicles standing at the curbline; provided, however, that such loading or unloading shall be conducted in the most prompt manner possible and shall be subject to such laws and ordinances as may be adopted by the City, and provided further that the Commissioner may, at the latter's discretion, require that such loading and unloading shall take place during certain specified hours.

Damage resulting from street obstructions. Any damage resulting from the obstruction, encumbrance or occupation of a public street, highway or sidewalk area or from the storage of materials or operation of construction equipment or machinery shall be repaired by the permittee to the satisfaction of the Commissioner when so ordered.

Lights required for obstructions. Any person who places or causes to be placed in any of the streets or public places of the City any building materials, earth, stone, sand, containers, trailers or any other obstruction shall cause sufficient light or lights to be maintained at such locations to protect travelers and pedestrians against damage or injury by reason thereof.

Editor's Note: Amended during codification; see Ch. 1, General Provisions.