[Adopted 5-9-1966 as portion of Ch. 21 of the 1966 Code]
[Amended 9-20-1982 by L.L. No. 12-1982]
A.
No person shall open up, alter the grade, dig or excavate
in the roadbed, pavement or gutters of any street of the Village for
any purpose whatsoever, except upon compliance with the provisions
herein, and no person shall tunnel under the roadbed of any street,
in whole or in part, for any purpose.
B.
No street opening permit shall be issued in accordance
with the provisions hereinafter contained in this article unless the
applicant has complied with the following provisions:
(1)
The applicant shall produce proof of compliance with
Article 20, § 322-a of the General Business Law relating
to notice to the person, corporation or municipality engaged in the
distribution of gas, water or other underground utility in the area
of such street opening.
(2)
The street opening permit as hereinafter set forth
is required for all streets in the Village of Freeport whether the
same are Village streets or roads, county streets or roads or state
highways.
(3)
The deposit and charges as hereinafter set forth shall
not be required where such street opening permit applies to county
and state roads and highways.
(4)
It shall be a condition of the issuance of such street
opening permit that the applicant shall not use any machinery or other
mechanical equipment for excavating in any street in the Incorporated
Village of Freeport within a distance of five feet (measured in a
horizontal plane on the road surface from the vertical upward projection
of the pipeline in question) from any gas transmission line operating
at a pressure in excess of 125 pounds per square inch gauge, running
through such streets or roads, and all digging or excavating within
an area of five feet from such pipe lines or conduits shall be done
by use of hand equipment. This shall not prohibit the use of pneumatic
drills for the fracture of pavement, provided that such drills are
so constructed as to prevent penetration of more than 12 inches, nor
the use of a mechanical backhoe or similar device to remove the fractured
pavement only to a depth not in excess of 18 inches from the surface.
Pavement breakers involving the use of weights, balls, hydrahammers
and similar equipment shall not be permitted within the said digging
area.
Except as provided in § 180-21 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Village Clerk for a permit therefor. Such application shall state:
A.
The name, address and phone number of the applicant.
B.
The fact that the applicant is either a contractor
licensed by the Village or the representative of a division, a department
or branch of government or a utility corporation or is a plumber or
electrician licensed by the Village or a person engaged in some business
or occupation whose work requires such excavation to be made and whose
name has been approved and placed on file with the Village Clerk.
C.
The precise place where the applicant desires to dig
or excavate, with the distance from the nearest intersection or from
the property abutting the street at the point proposed for excavation.
Each application for a permit shall be further
accompanied by a certificate of insurance, in form approved by the
Village counsel and issued by an insurance company authorized to do
business in this state, running to the Village and guaranteeing that
the applicant has provided public liability coverage of not less than
$100,000/$300,000 and property damage insurance of $50,000/$100,000
to save the Village harmless from all claims, actions and proceedings
brought by any person for injury to person or property resulting from
or occasioned by any fault or default of the person to whom the permit
is issued or by anyone acting thereunder on his behalf.
[Amended 10-18-1971; 9-20-1982 by L.L. No. 12-1982]
A.
Deposits and charges. Such applicant shall deposit
with the Clerk of the Village of Freeport such sums as may be fixed
from time to time by resolution of the Board of Trustees of the Village[1] or, in lieu thereof, a performance bond in such sum as
may be fixed from time to time by resolution of the Board of Trustees
of the Village. The deposit required shall be for a concrete road
opening or for an asphaltic road opening or a dirt shoulder opening.
[1]
Editor's Note: The current fee resolution
is on file in the office of the Village Clerk.
B.
All street openings shall be repaired by the Village,
and the cost thereof shall be charged to the applicant at the rate
fixed from time to time by resolution of the Board of Trustees of
the Village of Freeport.
C.
In making repairs to road openings, the Village shall
square off the opening and make cutbacks as follows:
(1)
Concrete base roads. A cutback of two feet on all
sides or, where the cutback is within five feet of a panel joint,
the pavement is to be removed to the panel joint to the depth of the
pavement and replaced with steel mesh reinforced portland cement concrete
using six-by-nine-inch No. 3 wire and Class B concrete. Cutbacks shall
not exceed the curb. The macadam overlay (1 A.C. Hot Plant Mix) shall
be placed as soon as practical after the base has cured. The contact
surfaces of the pavement shall be tack-coated at the edges, prior
to placing the asphalt. The overlay shall be leveled and compacted
to existing pavement grade by a power roller of sufficient weight
to ensure adequate compaction.
(2)
Concrete finish roads. Concrete finish roads shall
be repaired the same as concrete base roads, except as follows: The
concrete surface shall be saw cut to a depth of two inches at the
cutbacks and Class A concrete will be used. The wearing surface shall
be float-finished and properly pointed at the juncture of adjoining
panels and curbs.
(3)
Stone base roads. A minimum cutback of 18 inches after
squaring the original opening will be required. The stone base pavement
shall be removed to a depth of six inches and replaced with asphalt
plant mix, Type SN 45. It must be applied in lifts not to exceed two
inches and compacted by mechanical tamper or power roller. The opening
is to be surface finished to grade with a two-inch wearing course
of 1 A.C. Hot Plant Mix.
(4)
Dirt shoulders. Remove the shoulder area for a distance
of 18 inches on either side of the opening to a depth of four inches
and replace with crushed stone screening material and compact to grade.
D.
All road openings are to be temporarily maintained
by the permittee with cold patch, and permanent restorations are to
be completed no sooner than 30 days and no longer than 90 days after
the completion of project. Until the completion of the permanent restoration,
the permittee will be liable for the condition of the street.
A.
When there has been full compliance with the provisions
herein stated and no other valid objections have appeared, the Village
Clerk will issue a permit to the applicant therefor.
B.
Any person or persons not reimbursing the Village
for the additional size of openings over that estimated at the time
of the issuance of the permit shall not receive further street opening
permits until such shall be paid.
[Amended 9-20-1982 by L.L. No. 12-1982]
A.
Every grant of work for which a permit is issued must
be started within one month of the time the permit is issued.
B.
Every permittee shall notify the Village Department
of Public Works at least 24 hours prior to starting the work covered
by such permit. Like notice shall be given upon completion of such
work.
Each person to whom a permit is issued hereunder
must have it available at the place of the excavation at all times
and, upon demand, show it to the duly authorized agent of the Village.
Whenever the surface of a street is disturbed
or an opening is made therein or when, as a result of work done thereon,
there exists a depression below the surrounding grade or an elevation
higher than the grade because of excess backfill or for other reasons,
the persons to whom the permit was issued or who has caused the hazard
shall provide adequate safeguards to the public by erecting a barrier
or fence of distinctive type or color marking the outside limits of
the affected area and bearing warning signs distinguishable by day
and adequate numbers of lighted lanterns or flares to give warning
of the danger after dark.
A.
The excavated trench area shall be carefully backfilled,
in the presence of a duly authorized agent of the Village, as quickly
as possible after the underground installation has been made using
only clean granular material for this purpose. No material of a soft,
compressible nature or rocks or stones larger than three inches in
greatest dimension or frozen material or debris of any nature shall
be used for backfilling. The backfill material placed in the trench
shall be placed in six-inch thick layers and thoroughly compacted
by using hand or mechanical tampers. When the backfill material consists
of practically all sand or sand and gravel, the backfilling may be
accomplished by placing 50% of the total depth of the backfill followed
by a thorough saturation with water, after which the balance of the
backfill shall be made and the same treatment given it.
B.
Any material removed during the excavation which is
unsuitable for backfill purposes shall be immediately removed from
the site by the applicant. Whenever there is insufficient suitable
excavated material to completely backfill the excavation, the applicant
shall furnish whatever additional clean, acceptable backfill material
is required at his own cost and expense and place same in the trench
area as per the requirements of this section.
C.
After opening or openings are backfilled in proper
manner, the person or persons to whom the permit was issued shall
return the postcard to the Village within 24 hours requesting repairs
to said openings.
A.
Application. In an emergency, such as the breaking
of a main or stoppage of a sewer line or other condition calling for
immediate opening of a street to prevent loss or injury to property,
application may be made to the Village Clerk for an emergency permit,
in person or by telephone, and authority shall be granted to proceed
with the necessary work forthwith.
B.
Notifying police. If such emergency develops during
hours when the Village office is closed, such as during the night
or on holidays, notification thereof shall be made to the Police Department,
in person or by telephone, before proceeding with the street opening.
C.
Duties thereafter. It shall be the duty of every person who undertakes to open a street under the provisions of this section to place warning signs, lights and barriers to protect the public and, upon the first day of resumption of regular business at the Village office, to comply with the provisions of §§ 180-13 through 180-16 and § 180-20 hereof or to be held in violation of this article.
For the infraction of any provision hereof, any permit may be canceled and permission to do similar work may be withheld from the offender for a period of three months from the time of such violation. This penalty is in addition to and not in derogation of or in substitution for the general penalties provided in § 1-10.
