Union, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Article II of Chapter 178 was adopted June 2, 1965 and rewritten in its entirety on December 21, 2011 by L.L. No. 13-2011, with § 178-3B amended August 8, 2012 by L.L. No. 9-2012. The permit reaches work on "structures," a defined term that covers culverts, curbs, sidewalks, catch basins, manholes, walls, sewers, waterlines, gas lines, electrical lines, telephone lines, hydrants and cable television conduits, among others. Proper performance includes repairing or replacing any public or privately owned property damaged during the work.

The fee schedule is $50 for sidewalk and/or curb and gutter, $100 for minor work in the gravel shoulder not requiring saw cutting, $250 when the work requires asphalt or concrete cuts, and $300 for water, sewer or storm drain main taps. The Town can waive up to 100% of the fees on streets where it installed a new sanitary sewer or storm drain and the pavement is in poor condition, and it waives fees for work done under contract to the Town. A moratorium on street-opening permits runs from November 15 to the following April 1, except in an emergency certified in writing by the Town Highway Superintendent. In an emergency, excavators follow the Dig Safety New York procedures and obtain the permit after the emergency is corrected.

The applicant maintains the excavation for 36 months from the date the Highway Superintendent certifies the repair as acceptable. If the applicant neglects a repair after notice, the Town can complete it within 24 hours of notification and bill the applicant, and no further permit issues until the Town is reimbursed. When the Superintendent requires it, a written traffic control plan under the MUTCD must be approved before work starts. A contractor closing a street files a road closure application at the Highway Department Business Office at least 48 hours ahead. Open trench cannot exceed 200 feet without written permission, and no tree or shrub in the right-of-way comes out without the Superintendent's written consent. Section 178-4A requires liability insurance of $1,000,000 per occurrence and $1,000,000 general aggregate naming the Town as additional insured, and § 178-4B accepts a deposit of not less than $2,500 or a blanket surety bond of $5,000. Newly constructed or reconstructed streets are closed to excavation for three years under § 178-5.