(a) General Regulations. No person shall erect, place or store any material, equipment, shed, roof, fence or temporary walk, guard, device or any other structure on a public right of way without first obtaining a permit from the Commissioner of the Division of Transportation to do so; nor shall any person move any building or structure onto, across or over any public right of way without first obtaining a permit from the Commissioner of the Division of Transportation.
(b) Occupancy of Public Right of Way. Permits for the temporary occupancy of a public right of way and the duration of such permits shall be contingent upon the compliance with the rules and regulations established by the Commissioner of the Division of Transportation.
(1) Such occupancy shall be limited to that part of the public right of way abutting the premises on which construction work is in progress.
(2) Such occupancy, including the temporary sidewalk if one is required, shall not extend into the roadway of a public right of way more than one-third the width of the roadway and in no case more than twenty feet, and provided further that no such occupancy shall be within six feet of the rail of any railroad track.
(3) Such materials, equipment, temporary buildings or structures shall not be placed, stored or erected within two feet of any standpipe, fire or police alarm box, utility box, catch basin or manhole, nor within fifteen feet of a fire hydrant (measured along the curb line), and shall not obstruct the access to any fire hydrant, fire cistern, standpipe, fire or police alarm box, utility box, catch basin or manhole. Portable equipment may temporarily be secured to trees to prevent theft or damage.
(4) Such materials, equipment, temporary buildings or structures shall not be located within twenty feet of a street intersection, nor so placed, stored or erected as to obstruct normal observation of traffic or traffic control lights, signals or signs, fire hydrants, fire and police alarm boxes or to hinder the use of street car, bus or trolley loading platforms or zones.
(5) The drainage in street gutters shall be maintained at all times.
(6) Persons securing a permit shall be responsible for placing and maintaining lights during darkness and at night in full view of the public at each excavation, pile of material, equipment, fence, temporary walk, shed, enclosure or other obstruction on any public right of way.
(7) Pedestrian traffic shall be maintained at all times, either on the existing sidewalk or on a temporary walkway in the roadway or as otherwise determined by the Commissioner of the Division of Transportation. A fence, railing or other approved guard, if required by the Director of the Department of Economic and Business Development, the Commissioner of Building Inspection or the Chief Building Official, not less than three feet six inches high shall be erected on both sides of the temporary walkway and a fence at least four feet high shall be erected on the building side of the existing sidewalk if an excavation is within ten feet of a public right of way.
(8) Approved canopies shall be erected over street walks, when so determined by the Director of the Department of Economic and Business Development, the Commissioner of Building Inspection or the Chief Building Official, to safeguard the public from any danger from falling material where buildings or structures are being erected, constructed, enlarged, altered, repaired, renovated, painted, cleaned, moved, removed or demolished when such buildings or structures are within ten feet of a public sidewalk.
(9) The permit to occupy a public right of way during construction work is intended only for use in connection with the actual erection, construction, enlargement, alteration, repair, renovation, moving, removal or demolition of buildings or structures and does not permit any sign or advertising device of any kind, except signs as regulated in Part Eleven-Planning and Zoning Code and Part Thirteen-Building Code.
(10) Unless permitted by the Commissioner of the Division of Transportation, earth or rubbish shall not be stored on any public right of way.
(11) The Commissioner of the Division of Transportation may issue permits for the erection of temporary guy lines beyond the area permitted in a street permit provided such guy lines are at least twenty feet above the street.
(Ord. 130-15. Passed 3-31-15.)