[HISTORY: Adopted by the Town Board of the Town of Islip 1-7-1969. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 7.
Excavations and topsoil removal — See Ch. 15.
Issuance of licenses and permits — See Ch. 31.
Licensing of plumbers — See Ch. 40.
Water rules and regulations — See Ch. 64.
Water pollution — See Ch. 66.
This ordinance shall be known and may be cited as the "Street Opening Ordinance of the Town of Islip."
A. 
For the purposes of the ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
As used in this ordinance, the following terms shall have the meanings indicated:
APPLICANT
Any person making written application to the Commissioner of Public Works for an excavation permit hereunder.
[Amended 8-18-1981]
COMMISSIONER OF PUBLIC WORKS
The Town Commissioner of Public Works of the Town of Islip and the Town Superintendent of Highways of the Town of Islip.
[Added 8-18-1981]
EXCAVATION
Any cavity, hole or hollow formed by digging, cutting, scooping, breaking, bulleting, vibrating, tunneling or undermining or any other method of removal or disturbance of earthen or road material in or under any street, as defined herein.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
STREET
Any street, highway, sidewalk, alley, avenue or other public way or public grounds in the Town of Islip outside of any incorporated Village.[1]
TOWN
The Town of Islip.
TOWN BOARD or BOARD
The Town Board of the Town of Islip.
[1]
Editor's Note: The definition of “Superintendent of Highways,” which immediately followed this definition, was repealed 8-18-1981.
[Amended 8-18-1981]
No person, firm or corporation, including public service companies and transportation corporations as defined in Article 1 of the Transportation Corporations Law, which, for the purpose of this ordinance, are deemed such as the New York Telephone Company, the Long Island Lighting Company, Suffolk County Water Authority, private and municipally owned water companies, community antenna television companies and municipal districts, shall make any excavation in any Town street, highway or sidewalk in the Town of Islip for any purpose without first obtaining a permit therefor from the Commissioner of the Town of Islip as hereinafter provided.
A. 
Application in writing shall be filed in duplicate with the Commissioner upon application blanks which he shall prescribe, which application shall state the nature, location, extent and purpose of the proposed excavation.
[Amended 8-18-1981]
B. 
Application by public service companies, excluding municipal districts, must be accompanied by a general undertaking in such form as may be approved by the Town Board. The said general undertaking is tendered to assure that after completing the excavation the said applicant leaves the street, highway or sidewalk, pavement, curb or gutter in the same condition as it was prior to the excavation.
C. 
Applications by applicants other than public service companies or municipal districts must be accompanied by a general undertaking in such form as shall be approved by the Town Board; in lieu thereof, by a cash deposit, the amount of which shall be determined by the Commissioner and shall be based upon the estimated cost of repairing the damage, and which sum is to be deposited with the Comptroller of the Town of Islip to assure that after completing the excavation the said applicant leaves the street, highway or sidewalk, pavement, curb or gutter in the same condition as it was prior to the excavation. In the event that the applicant fails to repair or replace such pavement, sidewalk, curb or gutter within the time provided in the permit and the applicant has deposited cash in lieu of an undertaking, the Commissioner will assess the damage and report same to the Town Board. The Town Board may thereafter order the Town Comptroller to pay to the Commissioner, out of the moneys deposited, a sufficient sum of money to repair or replace the said street, highway or sidewalk, pavement, curb or gutter. In the alternative, the Commissioner may contract with the applicant for the Department to complete the pavement, sidewalk, curb or gutter for a mutually agreed upon sum. Upon the completion of the said excavation, where the applicant has deposited cash in lieu of an undertaking the moneys deposited hereunder are to be returned to the applicant, provided that all or part have not been expended pursuant to the subsection herein.
[Amended 8-18-1981]
D. 
Upon compliance with the foregoing requirements, a permit shall be issued in the name of the Commissioner.
[Amended 8-18-1981]
[Amended 8-18-1981; 11–27–2007]
The permit fee of $100 shall accompany each application submitted in accordance with this ordinance.
[Amended 8-18-1981]
The applicant shall file with the Commissioner a general liability policy or certificate of insurance naming the Town of Islip as an additional insured at the same time he files his application for a permit. The Town Attorney shall approve the policy for form. The policy shall insure the Town of Islip and the applicant and shall cover all operations relative to the excavation and reconstruction thereto. Said policy shall have limits of liability of $250,000 for bodily injury to each person and $500,000 liability in the aggregate for each accident and property damage liability of $5,000 for each accident and $25,000 aggregate property damage liability.
[Amended 8-18-1981]
The Commissioner shall require any person making a highway excavation pursuant to permit granted hereunto to give notice of such excavation to public service companies or municipal districts having lines, mains or other property in the streets, and no work shall be commenced or done under such permit until such requirement of notice has been fully complied with to the Commissioner and each affected utility.
[Amended 8-18-1981]
Any person making an excavation covered by this ordinance shall erect a suitable barrier or guard for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of the Town and of public service companies or municipal districts and adjoining property owners and others which might be endangered by such excavations or the work incident thereto, and shall comply with all directions given by the Commissioner with respect to such barriers, lights, flares and protective measures.
A. 
Commencement of work. Work under the permit shall be commenced within 30 days from the date of permit and continued in an expeditious manner, unless extension of this period is approved by the Department of Public Works.
[Amended 8-18-1981]
B. 
Construction.
(1) 
When working on any Town road, no pavement cuts or trenches are to be left uncovered or unfilled overnight, except in emergencies, and in such cases adequate precautions must be exercised to protect traffic.
(2) 
When working on any Town road, contractors must complete final backfilling (See Subsection E hereof.) of trench within 18 days from the day of opening.
(3) 
All pipes or mains crossing highway pavements shall, wherever possible, be driven beneath the roadway without disturbance to the pavement. The point of driving shall not be less than five feet from the edge of pavement. Such crossover pipes shall, whenever possible, be enclosed in sleeves or larger pipes so that repairs or replacements may be made without further disturbance of the roadway pavement.
(4) 
If the boring method in the driving of crossover pipes is found to be impracticable, the representative of the Department of Public Works shall be consulted to determine the manner of placing the pipe by the open-cut method. This request is to be made in writing to the Department of Public Works and may be granted by the Commissioner upon such conditions as he deems necessary and proper under the circumstances.
[Amended 8-18-1981]
C. 
Excavations; method and type of opening.
(1) 
Openings in concrete roads shall have a minimum width of five feet.
(2) 
No roads are to be tunneled, but pipes may be driven or trenched across.
(3) 
All openings are to be made either by pinwheel trenching machine or saw-cutting, as specified in the permit.
[Amended 8-18-1981]
D. 
Restoration of excavation; temporary patching. Upon completion of the final backfilling, if final pavement replacing is not to be accomplished within 20 days from day of opening, then the trench will be brought to within two inches of road level and then paved with two inches of asphaltic concrete within 20 days of opening, which shall be placed as a temporary surface in any pavement opening and shall be maintained to the same grade as adjacent pavement.
E. 
Procedure for final backfilling. Clean fill will be used and then trench will be compacted in twelve-inch lifts with either vibratory soil compactors or by suitable hydraulic compaction by water jetting at three-foot intervals.
F. 
Final pavement replacing.
[Amended 8-18-1981]
(1) 
Concrete. Minimum-size replacements in concrete or asphalt on concrete base shall be 10 feet by 10 feet, or as directed. In all cases, if the ten-by-ten-foot replacement is within five feet of a joint, the replacement must extend to the joint. Concrete openings shall be saw cuts, and the mix shall be high early, New York State Specification Class F, latest revision.
(2) 
Asphalt. The trench will be compacted to within four inches of the road surface. The existing asphalt surface shall then be cut back at least 12 inches on either side of the undisturbed subgrade. At the discretion of the Commissioner, the contact surfaces, the patched surfaces and/or adjacent pavement edges shall be painted and sealed with approved bituminous and/or bluestone material before or after placing the course of asphalt, which shall be four inches of New York State Specification 6F hot plant mix. This course shall be rolled with an eight-to-ten-ton roller and surface variations in excess of 1/4 inch shall be eliminated or the pavement relaid.
(3) 
If temporary patching is not accomplished, final pavement must be completed within 20 days of opening. If temporary patching is accomplished as specified, then final pavement replacing must be completed within 30 days of temporary patching or within such additional time as may be authorized by the Commissioner at his discretion upon application.
G. 
Shoulder areas. If the trenchwork is in the earthen shoulder of the roadway, then proper compaction as outlined in Subsection E above will apply, with the addition of a covering of sod or grass seeding as specified by the Department of Public Works.
[Amended 8-18-1981]
H. 
Traffic control.
(1) 
Maintenance and protection of traffic. Traffic is to be maintained at all times during the progress of this work. Adequate signs, barricades and lights, necessary to protect the public, shall be provided in accordance with the provisions of the New York State Manual of Uniform Traffic Control Devices. Flagmen to direct traffic shall be employed continuously during periods when only one-way traffic shall be maintained or when equipment is operated back and forth across the pavement area.
[Amended 8-18-1981]
(2) 
No construction materials or equipment shall be left on the pavement after working hours, nor shall any construction equipment or materials be placed in any manner or location that will obstruct highway or railroad warning signs.
(3) 
Barricades, whether sidewalk or roadway area, shall have prominently displayed for police convenience the address and telephone number of twenty-four-hour availability of someone who will reestablish same in an emergency.
(4) 
Access to adjacent properties shall be maintained.
I. 
Notification. The applicant will be responsible to notify the Department 24 hours prior to street opening and closing.
[Amended 11-17-1981]
J. 
Expiration date. The permit shall expire one year from the date of issue of the permit, unless a different expiration date has been specified by the Department of Public Works.
[Added 11-17-1981]
[Amended 11-17-1981]
The applicant shall notify the Commissioner when work has been completed, after which an inspection will be made by the Commissioner or his duly authorized agent, and upon approval of the work, a release will be granted to the applicant. Until the granting of such a release, the applicant shall remain liable for proper guarding and protection as provided herein.
A. 
Any person, firm or corporation violating any provisions of this ordinance shall be guilty of an offense and, upon conviction thereof, shall be fined not more than $250 or shall be imprisoned not less than 15 days, or shall be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
This ordinance shall take effect immediately.