[Adopted 6-2-1965; amended in its entirety 12-21-2011 by L.L. No. 13-2011]
A.
Introduction.
(1)
Purpose. The purpose of this policy is to:
(a)
Ensure compliance with the Underground Facility Damage Prevention
Requirements of the latest revision of the New York State Public Service
Commissions 16 NYCRR Part 753.
(b)
Provide contractors and utilities with the permitting procedures
and other documentation requirements for complying with the Town's
street-opening policy.
(c)
Provide repair and maintenance requirements for restoring excavations
and street-openings in the Town's rights-of-way, to protect the
general public and minimizing long term maintenance costs.
(2)
AGGREGATE SUBBASE AND BASE
DIG SAFELY NEW YORK (DSNY)
EMERGENCY EXCAVATION
EXCAVATION
HOT MIX ASPHALT (HMA)
NEWLY PAVED OR CONSTRUCTED STREET
PERSON OR APPLICANT
STRUCTURES
TOWN
TOWN HIGHWAY SUPERINTENDENT
UTILITY
VITAL STRUCTURES
Definitions. Unless otherwise expressly stated, the following words
for the purpose of this policy shall have the meaning herein indicated.
Aggregate for subbase or base construction of streets and
roads consisting of screened or crushed gravel of hard durable particles
free from organic matter, lumps or balls of clay and other deleterious
substances. Specifications for grain size shall be specified in the
most recent NYSDOT and Town specifications.
The process of notifying Dig Safety New York prior to any
excavation and all the procedures associated with the New York State
Underground Protection of Facilities Act found at 16 NYCRR Part 753.
Any situation where immediate excavation is necessary to
prevent injury, death, or loss of existing vital service.
Any operation in which earth, rock, or other material below
the surface of the ground is moved or otherwise displaced, including
digging, ditching, grading, trenching, drilling, auguring, tunneling,
scraping and cable or pipe driving, excluding tilling of soil and
gardening or any agricultural purposes and the maintenance grading
of municipally accepted roads.
Hot plant-mixed bituminous pavement commonly used as base,
surface or shim pavement on Town streets and shall meet the latest
NYSDOT and Town specifications.
Any Town street which has been paved, repaved, constructed,
or reconstructed within the past three years.
Any person, business or organization of any kind.
Culverts, curbs, sidewalks, catch basins, manholes, walls,
sewers, sewer services, waterlines and services, gas lines and services,
electrical lines and services, telephone lines and services, under
drains, cellar drains, hydrants, cable television conduits, traffic
signal loops, street light circuits, railroad signal wires, oil lines,
etc.
[Amended 8-8-2012 by L.L. No. 9-2012]
The Town of Union or its designated official and/or employee.
The Highway Superintendent or a duly authorized representative.
Any company, corporation, quasimunicipal organization which
supplies some widespread service to the public.
Fire hydrants, manholes, catch basins, traffic signals and
boxes, cables, etc.
B.
Street-opening, sidewalk or curb alteration policy.
[Amended 8-8-2012 by L.L. No. 9-2012]
(1)
Street-opening, sidewalk or curb alteration permits.
(a)
A street-opening, sidewalk or curb alteration permit shall be
required for any excavation and/or alteration of any structure as
defined herein performed within the Town's right-of-way and a fee
will be charged for this permit. Proper performance of the work shall
include, but is not limited to, the repair or replacement of any public
or privately owned property damaged while performing the work.
(b)
Maintenance of excavations within any Town right-of-way shall
be the responsibility of the applicant for 36 months from the date
that the Town Highway Superintendent certifies that the repair is
acceptable. Any settlement or other pavement defects of the excavation
surface shall be deemed as unsatisfactory work by the applicant. If
the applicant neglects or refuses to repair any substandard work after
notification by the Town during the thirty-six-month period, the Town
may complete any necessary repairs within 24 hours of notification.
The applicant shall be liable for the cost of said repairs. No additional
street-opening permit will be issued to the applicant until the Town
is reimbursed for the cost of the repair.
(c)
When required by the Town Highway Superintendent, the applicant
shall submit a written traffic control plan in compliance with the
Manual on Uniform Traffic Control Devices (MUTCD). The traffic control
plan shall specify signage that is to be used and where it is to be
placed. Any barricades, cones or other devices shall be included in
the drawings. Any detours for traffic or pedestrians shall be clearly
laid out with appropriate detour signage. The traffic control plan,
when required, shall be approved by the Town Highway Superintendent
or a duly authorized representative prior to any work taking place.
The Town Highway Superintendent can order that this plan be prepared
by a traffic engineer and stamped by a professional engineer. The
applicant shall be responsible for the cost of all traffic control.
(d)
Any contractor desiring to close a street shall complete an
application for road closure, and submit a traffic control/detour
plan, at the Highway Department Business Office. Road closure requests
shall be submitted for approval by the Town Highway Superintendent
or a duly authorized representative at least 48 hours prior to the
road closure. The Town Highway Superintendent may order that this
plan be designed by a traffic engineer and stamped by a professional
engineer. In all cases the applicant is responsible to contact Emergency
Services and the appropriate School Bus garages.
(e)
Excavation and repair standards.
[1]
All excavations on paved streets, curbs and sidewalks shall
be precut in neat straight lines. Saw cuts in streets shall be perpendicular
or parallel to the flow of traffic.
[2]
All excavations in existing pavement within 36 inches of the
edge of pavement or curb shall require the removal and replacement
of all old asphalt completely to the shoulder or curb.
[3]
Pavement edges shall be trimmed to a vertical face. The width
of the trench prior to pavement replacement shall be consistent with
the entire length of cut. The trimmed edges shall not vary by more
than three inches for every 10 linear feet of cut. An approved tack
material shall be applied to all edge of existing pavement to ensure
the new patch has a watertight bond with the old pavement. Contractor
is to crack seal all joints after top coat is applied.
[4]
An additional 12 inches of pavement shall be removed from all
sides of the excavation measured from the edge of the excavated trench.
Unstable or damaged pavement shall also be removed from the perimeter
of the excavation.
[5]
The joint of an asphalt patch for a street excavation shall
not fall within the wheel path of a vehicular travel lane. In such
cases the excavation shall be enlarged to the center of the lane or
adjacent lane.
[6]
The applicant shall be responsible for the cost to replace any
street markings or traffic loops disturbed by the work. The repair
or replacement work shall only be done by a contractor approved by
the Town Highway Superintendent.
[7]
The maximum length of open trench in an excavation permissible
at any time shall be 200 feet. No greater length is to be opened for
pavement removal, excavation, construction, backfilling, repairing
or any other operation without the express written permission of the
Town Highway Superintendent.
[8]
The applicant shall not remove, even temporarily, any trees
or shrubs which exist in any street right-of-way without first obtaining
the written consent of the Town Highway Superintendent. The contractor
shall be responsible for the repair or replacement of any damaged
trees.
(2)
Fee schedules.
(a)
A street-opening, sidewalk or curb alteration permit fee shall
be charged for all work performed within the Town right-of-way. These
fees are to cover the Town's inspection and administrative costs associated
with the street-opening permit program. The fee structure is intended
to reasonably reflect a permittee's proportionate share of such costs.
The Town will periodically review these fees and fee structure. In
the event the fees assessed fail to reasonably reflect the Town's
inspection and administrative costs, or applicant's share of such
costs are substantially disproportionate, the Town will revise the
fee amounts or fee structure accordingly.
(c)
On streets where the Town has installed a new sanitary sewer
or Town storm drain and the pavement on such streets is in poor condition
the Town may waive up to 100% of the total street-opening fees to
applicant.
(d)
There shall be no street-opening fee for utility pole installation
in a grass area as long as the excavated area is cleaned up and restored
as close to its original condition as possible.
(e)
The Town shall waive street-opening fees for work done under
contract to the Town.
(f)
On a street or road scheduled for major reconstruction, the
Town may waive the street-opening fee for utilities or contractors
performing work in these areas until said base pavement has been installed.
(g)
A moratorium on street-opening permits will be in effect between
November 15 to the following April 1 of the succeeding year, except
in an emergency as certified in writing by the Town Highway Superintendent.
(3)
Emergency permits. In the event of an emergency, the excavator shall
follow Dig Safety New York emergency procedures, outlined in the latest
revision of 16 NYCRR Part 753. When excavators are excavating in emergency
circumstances, they may complete the work without obtaining a street-opening
permit but must obtain a permit after the emergency situation is corrected.
(4)
Protection of the public.
(a)
All excavations within the right-of-way shall have work zone
traffic control as outlined in the latest version of the MUTCD. This
shall include proper guards or barricades, signs, traffic cones and
traffic flaggers.
(b)
Work floodlights and flaggers with lighted traffic control devices
may be required during periods of reduced visibility or at night to
protect the public from hazard.
(c)
Each applicant shall conduct and carry out the excavation work
in such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and residents of neighboring property. All material
excavated from trenches piled adjacent to the trench or in any street
shall be piled and maintained in such manner as to minimize erosion,
and not endanger those working in the trench, pedestrians or passing
motorists. Any materials placed or stored within a travel way shall
be barricaded in compliance with the latest MUTCD standards. Where
the confines of the street being excavated are too narrow to permit
piling of excavated material beside the trench, the Town shall have
the authority to direct the applicant to haul the excavated material
to a storage site and then haul it back to the trench site prior to
backfilling. It shall be the applicant's responsibility to secure
the necessary permission and make all necessary arrangements for all
required storage and disposal sites. The contractor shall also meet
BMPs for non-point-source pollution control. All excavations in the
roadway shall be backfilled with crusher run only.
(5)
Right to inspect.
(a)
The Town shall have the right to inspect all aspects of the
excavation process on public and applicant's property including,
but not limited to, the excavation of earth, backfilling and placement
of temporary and permanent pavement. When required by the Town, the
applicant shall provide the following materials testing data:
[1]
Samples of materials used for aggregate road base or subbase
sufficient for testing requirements.
[2]
Results of lab grain size analysis testing for subbase/base.
[3]
Results of in place density testing of any road base or subbase.
[4]
Mix design and percent asphalt content of any HMA used on the
project.
[5]
Thickness and density testing results of pavement on the project.
[6]
All pavement shall meet the latest Town/NYSDOT specifications
for HMA.
(b)
It shall be the duty of the applicant to guarantee and maintain
the site of the excavation work in the same condition as it was prior
to the excavation for 36 months after the date of the work is accepted
by the Town.
(c)
The Town shall have the right to revoke a street-opening permit
if any other necessary Town, state or federal permits have not been
obtained, or if the applicant is not in compliance with the applicable
Town, state or federal rules, laws or regulations, or is deemed by
the Town Highway Superintendent to be a threat to public safety.
(6)
Penalties. The failure of any applicant or excavator to follow the
standards and procedures set forth in this policy shall result in
an assessment of penalties according to the following schedule:
(a)
Upon a first violation, the applicant or excavator shall receive
a written warning;
(b)
Upon a violation within one year of the date of a prior written
warning, the applicant or excavator shall receive an additional written
warning and shall be assessed a fine of $500. The applicant or excavator
shall not be entitled to receive a street-opening permit and the privilege
to excavate shall be revoked until the fine is paid in full;
(c)
Upon a violation within one year of a second written warning,
the applicant or excavator shall be assessed a fine of $500 and the
applicant or excavator shall not be entitled to receive a street-opening
permit and the privilege to excavate shall be revoked until the fine
is paid in full or the expiration of six months from the date of the
violation, whichever is later.
(7)
Newly constructed and paved street. To maintain the best travel surface
feasible, there shall be no excavation on newly paved or substantially
repaired streets for a period of three years except in emergency situations.
If an excavation must be done within the three-year moratorium, the
Town may issue a street-opening permit and require the applicant to
cold plane and relay the full width of the road surface on both sides
of the street-opening cut a distance of 20 feet from the furthest
outside edges of the cut. If that repair overlaps the edge of a repair
from a previous opening, the Town may require the applicant to relay
the full width of the road to the furthest edge of that previous repair.
To prevent unnecessary excavation after reconstruction or repaving,
the Town will issue a minimum sixty-calendar-day notice to the potentially
concerned utilities, and adjacent property owners prior to the roadway
being repaved.
(8)
Backfill methods.
(a)
Backfilling in any street-opening or excavation shall be compacted
to a degree equivalent to but not less than the undisturbed ground
in which the trench was dug, or 95% of relative maximum compaction,
whichever is greater. Compaction of the layers of fill shall be done
by mechanical tampers, vibrating plate compactors, or by trench rollers
as required by the soil in question and sound engineering practices.
Aggregate subbase and base material shall be gravel consisting of
hard durable particles free of organic matter, lumps or balls of clay.
All aggregate subbase and base material shall meet the latest NYSDOT
and Town specifications.
(b)
Backfill material shall be placed in lifts not to exceed eight
inches each. Aggregate subbase shall be 12 inches for residential
streets.
(c)
The Town may require the contractor or utility to provide soil
tests performed by a recognized soil testing laboratory or registered
professional engineer specializing in soil mechanics when the Town
deems necessary. In order for the resurfacing to be permitted, such
tests must show that the backfill material meets the minimum requirements
prescribed by the Town. All expenses of such tests shall be borne
by the applicant. The Town reserves the right to test the material
and, if it does not meet specification, the cost to remove and replace
the material shall be borne by the excavation contractor.
(d)
When backfilling is done by controlled density backfill, also
known as flowable fill, it must have a minimum unconfined compressive
strength at 28 days of 100 PSI and shall be capable of being excavated.
The excavation shall be properly protected until the material has
set up. Any and all protection shall conform to federal and state
MUTCD standards. When backfilling, the excavator shall take hydrostatic
pressures into consideration and brace structures accordingly.
(9)
Excavation maintenance.
(a)
The applicant shall proceed with diligence and expedite the
completion of the excavation work to restore the street. The applicant
shall perform such restoration work so as not to obstruct, impede
or create a safety hazard.
(b)
Unless otherwise authorized by the Town Highway Superintendent,
temporary resurfacing of streets shall consist of a cold patch when
HMA is not available or HMA pavement at a minimum depth of two inches.
All temporary HMA shall be compacted so that it is hard and smooth
enough to be safe for pedestrian to travel on sidewalks and vehicular
traffic on streets traveling at a reasonable rate of speed. The applicant
shall maintain the temporary paving and trenches for a period not
to exceed 30 calendar days. At this time, the contractor shall install
permanent pavement over the excavation. All excavations shall be kept
safe for pedestrian and vehicular traffic until the excavation has
been permanently resurfaced. All cold patch installed during winter
excavations shall be replaced with permanent HMA no later than June
15.
(10)
Surface restoration.
(a)
Permanent resurfacing of excavations in streets and sidewalks
shall be the responsibility of the applicant. Resurfacing shall normally
be completed the same day the excavation is compacted to finish grade.
(b)
The replacement of existing bituminous pavement shall be done
with HMA meeting the requirements of the latest NYSDOT and Town specifications.
When small excavations are resurfaced by hand, the compacted pavement
thickness shall not exceed two inches in depth for any layer of pavement.
For machine paving the maximum compacted thickness for a single course
of pavement shall be three inches. The thickness of base pavement
requirements is 2 1/2 inches and 1 1/2 inches of surface
pavement. The surface of the replacement pavement shall match the
grade and type of the surrounding pavement.
(c)
When an area to be repaved exceeds 100 square yards, resurfacing
shall be accomplished using self-propelled paving equipment complying
with the latest NYSDOT and Town specifications. All joints longer
than 50 linear feet in length and more than 10 linear feet wide shall
be cleanly cut prior to removal of the old pavement.
A.
No permit shall be issued by the Superintendent of Highways for the
excavation in any street or highway unless the person to whom the
permit is to be issued shall have filed with the application for such
permit a comprehensive general or commercial general liability insurance
policy or a certificate thereof naming the Town of Union as an additional
insured with the minimum limits of coverage for bodily injury and
property damage equal to $1,000,000 per occurrence, combined single-limit
bodily injury and property damage, and $1,000,000 general aggregate
and/or products completed, operations aggregate.
B.
Any person, firm or corporation may file with the Town Superintendent
of Highways on or before January 31 of each calendar year or, in any
event, prior to the issuance of any permit under this article a certified
check, or its equivalent, or assign a bank (interest) account to the
Town of Union in the sum of not less than $2,500 or file a blanket
surety performance bond in the principal sum of $5,000, each of which
shall be in favor of the Superintendent of Highways and the Town of
Union, covering all excavations by said person, firm or corporation
during the remainder of the calendar year in which said deposit is
made or for which said surety bond is filed, guaranteeing compliance
with the provisions of this article. The condition of such deposit
or the filing of said surety bond shall be that the Town Superintendent
of Highways may use all or any portion of said deposit, or enforce
and take any legal remedy against said surety bond, to the extent
necessary to reimburse the Town of Union for any costs incurred in
restoring any excavation as a lawful charge against any applicant
for a permit who fails to properly restore said excavation or otherwise
comply with the requirements of this article.
C.
Said surety bond, cash deposit or its equivalent or assignment of
any bank (interest) account shall be retained by the Town Superintendent
of Highways for a period of three years from the date that the work
is performed.
No person, firm or corporation shall excavate and/or remove
bituminous concrete, dirt, gravel or other material from any public
street which has been newly constructed or reconstructed within the
Town of Union for a period of three years after such construction
or reconstruction, commencing with either the date of the construction
or reconstruction or the date of acceptance as a public street by
the Town of Union.
[Added 8-8-2012 by L.L. No. 9-2012]
No person shall cut or otherwise destroy, demolish or change
any curb, gutter or sidewalk heretofore or hereafter constructed along
the Town's right-of-way without first obtaining a street opening,
curb or sidewalk alteration permit from the Town Superintendent of
Highways.
