Village of Village of The Branch, NY
Suffolk County
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Table of Contents
Table of Contents
Editor's Note: For provisions concerning regrading and excavating, see Ch. 65.

§ 72-1
Permit required. 

§ 72-2
Application for permit. 

§ 72-3
Permit fee. 

§ 72-4
Liability insurance. 

§ 72-5
Notice to public utilities. 

§ 72-6
Guarding of excavations and protection of property. 

§ 72-7
Regulations and specifications for street opening permits. 

§ 72-8
Completion of work. 

§ 72-1 Permit required.

No person, firm or corporation, including public-service companies, which, for the purpose of this article, are deemed such as the New York Telephone Company, the Long Island Lighting Company. Suffolk County Water Authority, private (nonmunicipally owned) water companies and municipal districts and cable television companies, shall make any excavation in any street, highway or sidewalk in the Incorporated Village of the Branch for any purpose without first obtaining a permit therefor from the Superintendent of Highways of the Village of the Branch as hereinafter provided.

§ 72-2 Application for permit.

A. 

Application for a permit, in writing, shall be filed with the Superintendent of Highways upon application blanks which he shall provide or in such other manner as he shall prescribe, which application shall state the nature, location, extent and purpose of the proposed excavation.

B. 

Applications by public-service companies, excluding municipal districts, must be accompanied by a general undertaking in such form as may be approved by the Board of Trustees. The said general undertaking is tendered to assure that after completing the excavation the said applicant shall leave 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 minimum cash deposit as determined by the Board of Trustees, which is to be deposited with the Village Clerk, to assure that after completing the excavation the applicant shall leave 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, the Superintendent of Highways shall assess the damage and report the same to the Board of Trustees. The Board of Trustees may thereafter order the contractor to pay to the Superintendent of Highways, out of the moneys deposited, a sufficient sum of money to repair or replace the street, highway or sidewalk, pavement, curb or gutter. In the alternative, the Superintendent of Highways may contract with the applicant for the Highway Department to complete the pavement, sidewalk, curb or gutter for a mutually agreed upon sum. Where it is estimated that the work involved will exceed a sum to be determined by the Board of Trustees, then the applicant must make an additional cash deposit of 10% of the cost of the estimated work in excess of the sum. Upon the completion of the excavation, moneys deposited hereunder are to be returned to the applicant, provided that all or part have not been expended pursuant to this subsection.

[Amended 3-9-2004 by L.L. No. 1-2004]

D. 

Upon compliance with the foregoing requirements, a permit shall be issued in the name of the Superintendent of Highways of the Village of the Branch.

§ 72-3 Permit fee.

[Amended 3-9-2004 by L.L. No. 1-2004]

Each applicant must pay a fee, as determined by the Board of Trustees, to the Highway Department for each excavation except those for utility poles.

§ 72-4 Liability insurance.

A. 

The applicant shall file with the Superintendent of Highways a general liability insurance policy or certificate of insurance naming the Village of the Branch as an additional insured at the same time he files his application for a permit. The Board of Trustees shall approve the policy for form.

B. 

The policy shall insure the Village of the Branch and the applicant and shall cover all operations relative to the excavation and reconstruction thereto. Said policy shall have limits of liability of $100,000 for bodily injury to each person and aggregate liability of $300,000 for each accident; and property damage liability of $5,000 for each accident and aggregate property damage liability of $25,000.

C. 

In lieu of the aforesaid liability insurance, public-service companies may submit a general undertaking in such form as is approved by the Board of Trustees.

§ 72-5 Notice to public utilities.

The Superintendent of Highways may require any person making a highway excavation pursuant to a permit granted hereunder to give notice of such excavation to public-service companies or municipal districts having lines, mains or other property in the streets, and when such notice shall have been required, no work shall be commenced or done under such permit until such requirement of notice has been fully complied with to the satisfaction of the Superintendent of Highways.

§ 72-6 Guarding of excavations and protection of property.

Any person making an excavation covered by this chapter shall erect suitable barriers or guards 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 to properly illuminate the area, and shall also take all necessary precautions for the protection of the property of the Village and of public-service companies or municipal districts and others which may be endangered by such excavations or the work incident thereto, and shall comply with all directions given by the Superintendent of Highways with respect to such barriers, lights, flares and protective measures.

§ 72-7 Regulations and specifications for street opening permits.

A. 

Commencement of work. Work under the permit shall be commenced within 30 days from the date of the issuance of the permit and continued in an expeditious manner, unless extension of this period is approved by the Highway Superintendent.

B. 

Construction.

(1) 

When work is being performed on any Village road, no pavement cuts or trenches are to be left unfilled overnight, except in emergencies, and in such cases adequate precautions must be exercised to protect traffic.

(2) 

When working on any Village road, contractors must complete final backfilling (see Subsection D hereof) of a trench within 18 days from the time 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 the pavement. Such crossover pipes shall, whenever possible, be enclosed in sleeves or larger pipes so that repairs or replacements may be made in the future 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 Highway Department 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 Highway Superintendent and may be granted by the Superintendent upon such conditions as he deems necessary and proper under the circumstances.

C. 

Excavation: 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 hand labor, unless otherwise specified in the permit.

(4) 

The highway pavement is not to be broken or undermined.

D. 

Procedure for final backfilling. Clean fill shall be used and the trench shall be compacted in twelve-inch lifts with either vibratory soil compactors or suitable hydraulic compaction by water jetting at three-foot intervals.

E. 

Restoration of excavation: temporary patching. Upon completion of the final backfilling, if final pavement replacing is not to be accomplished within 20 days of opening, then the trench will be brought to within two inches of the 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 the adjacent pavement.

F. 

Final pavement replacing.

(1) 

Concrete. Minimum size replacements in concrete or asphalt on concrete base shall be 10 feet x 10 feet, or as directed. In all cases if the 10 foot x 10 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" (1:1:2 1/2).

(2) 

Asphalt. The trench shall 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 Highway Superintendent, 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 1A hot plant mix. This course shall be rolled with an eight to 10 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 replacing 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 Highway Superintendent, 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 D above shall apply, with the addition of a covering of sod or grass seeding as specified by the Highway Department.

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. Flagmen to direct traffic shall be employed continuously during periods when only one-way traffic can be maintained or when equipment is operated back and forth across the pavement area.

(2) 

No construction materials or equipment shall be left on the pavement after working hours, nor shall any construction equipment or material be placed in any manner or location that will obstruct highway or railroad warning signs.

(3) 

Barricades, whether in sidewalk or roadway area, shall have prominently displayed, for police convenience, the address and telephone number of someone available 24 hours a day who will reestablish same in an emergency.

(4) 

Access to adjacent properties shall be maintained.

I. 

Notification. The applicant will be responsible for notifying the Highway Department 24 hours prior to street opening and street closing.

§ 72-8 Completion of work.

Applicants shall notify the Superintendent of Highways when work has been completed, after which an inspection will be made by the Superintendent of Highways or his duly authorized agent, and upon approval of the work a release will be granted to the applicant. Until the granting of such release, the applicant shall remain liable for proper guarding and protection as provided in § 72-6.