A. 
The purpose of this article is to set out the requirements for general construction methods and procedures and the specifications for materials for all new construction within any public right-of-way or easement in the Town.
B. 
All work and materials shall comply with the current Occupational Safety and Health Administration (OSHA) Regulations, New York State Department of Transportation Standard Specifications, New York State Department of Labor Rules 39 and 23 and the rules and regulations of all other federal, state and local agencies as their jurisdictions apply.
C. 
In addition to complying with the standards and requirements set forth in this article, all construction activities, materials, methods, work, and procedures subject to regulation under Article XIV of Chapter 245, Zoning, of the Town Code, shall comply with the performance and design criteria and standards set forth therein. Where the conditions imposed by any provisions of this article are either more restrictive or less restrictive than comparable conditions imposed by Article XIV of Chapter 245, Zoning, of the Town Code, those regulations which are more restrictive and impose higher standards or requirements shall govern.
[Added 12-11-2007 by L.L. No. 3-2007]
[Amended 3-15-2022 by L.L. No. 2-2022]
A. 
The standards for excavation and related work are set forth in §§ 135-29 through 135-44 below.
B. 
Wherever a private contractor works in or around a public highway, road, street or right-of-way or any Town water or sewer mains, utilities, or fixtures, the contractor shall be responsible for repairing or maintaining the right-of-way area, fixtures and mains during construction and for a period of one year after completion of the work. The contractor shall be responsible for restoring the excavated or damaged portions of such highway, road, street or highway, and water or sewer mains to the condition prior to such work, excavation or damage. During construction and for the following one-year period, the contractor shall also be responsible for all claims for personal injury and property damage resulting from the improper or inadequate repair or restoration of the highway, road, street, right-of-way, or water or sewer main.
Any and all stumps, trees, bushes, boulders, organic materials or building footings and foundations in the line of any proposed construction within the public right-of-way or easement shall be fully removed and legally disposed of by the developer or contractor. Trees to be maintained shall be trimmed and protected during all phases of the construction. All damaged trees should be repaired and painted with an asphaltum base paint. All topsoil shall be stockpiled in an area approved by the Town.
A. 
Temporary sheeting shall be used to maintain vertical trench walls in all excavations in paved areas and in areas requiring protection of adjacent structures, foundations and utilities. The sheeting and bracing shall be sufficient to sustain the sides of the excavations and to prevent collapse of trench walls which could in any way injure the work, adjacent pavement, structures, foundation or utilities. Any new or existing structures which are damaged through settlements, water or earth pressures, slides, cave-ins or other causes due to failure or lack of adequate sheeting or bracing, improper bracing, or through negligence or fault of the developer in any manner, shall be repaired by the developer at his or her own expense. Safety requirements of Section 552 of the New York State Department of Transportation (DOT) Specifications shall apply to all work regulated by this article.
B. 
Materials and construction details of temporary sheeting shall conform to Section 552 of the New York State DOT Specifications, except for the manner of placement. The developer shall be responsible for the design, installation and maintenance of sheeting and braces. Unless specifically required to remain in place, all sheeting and braces may be pulled and reused by the developer, provided that the Town finds the condition of the material suitable for reuse. Sheeting which is left in place shall be cut off below the bottom of pavement, or two feet below the original ground surface, with walers and braces in place or as otherwise directed by the Town.
C. 
The use of a shield or other portable device will be permitted only in unpaved areas which contain no adjacent structures, foundations and utilities requiring protection. The Town will be the sole judge in this matter and written permission shall first be obtained before use of a shield or other portable device.
D. 
Tight sheeting is required for any excavation pit in which boring or jacking equipment will be utilized. Such sheeting shall be shown on the plan submitted for approval for the boring or jacking operation. Sheeting shall be left in place unless otherwise directed by the Town.
A. 
The developer shall provide, operate and maintain satisfactory facilities and equipment, including well points, if necessary, with which to collect and pump all water entering trenches. All trenches shall be kept free of water, ice and snow until the improvements to be made therein are completed. Approved settling basins and sumps shall be provided for catching and temporarily holding any water containing mud, clay, sand or other material in suspension pumped from excavations. Such basins shall be large enough to allow adequate storage time for the settlement of such suspended matter. The settled material shall be cleaned out frequently and properly disposed of utilizing methods permitted by the Town.
B. 
Open pumping will be permitted only when it is demonstrated that open pumping will be adequate for maintaining the excavations free of water during construction. The use of sewer manholes or any other components in the sewer system as suction wells for dewatering operations is not permitted. Methods of conveying water to the point of disposal shall be subject to the approval of the Town.
C. 
A developer assumes the risk of, and is responsible for, any consequences of the lowering of groundwater to the injury or detriment of other structures. Any structure damaged as a result of the lowering of groundwater shall be repaired or replaced to the satisfaction of the owners thereof, at the expense of the developer. The developer shall obtain permission of the Town prior to discontinuing dewatering operations. Water removed from trenches shall be discharged by the developer in a manner permitted by the Town.
A. 
Excavated material suitable for backfilling shall be piled in an orderly manner at a distance sufficient from the banks of the trench to prevent slides or cave-ins. All excavated materials not required or suitable for backfill, and all rubbish, dirt and debris, shall be removed and disposed of. The determination of whether materials are suitable or not suitable for backfilling shall be made by the Town. The developer shall perform such grading as may be necessary to prevent surface water from flowing into trenching or other excavations.
B. 
Trenches shall not be wider than the dimensions shown on the standard detail. All trenching shall be by open cut unless otherwise noted. The maximum length of trench opened and left unbackfilled at any time shall not exceed 200 feet, unless otherwise specifically authorized by the Town. Trenches shall not be opened more than 50 feet in advance of the installed pipe.
C. 
Whenever unstable soil, determined by the Town to be incapable of properly supporting the pipe, is encountered in the bottom of the trench, such soil shall be removed to the depth required by the Town. The trench shall then be backfilled to the proper grade with No. 3 stone as directed by the Town.
D. 
Surplus material excavated from trenches suitable for backfill shall be stockpiled at a location directed by the Town. This material shall be used to backfill trenches, from one foot above the pipe to the surface, in areas where the excavated material in its original condition is unsuitable for backfill.
A. 
Rock or ledge encountered in the excavation and trenches shall be removed to the limits shown or as required. Boulders encountered in trenches or excavation shall be removed to the extent specified for rock or ledge in the excavation and trenches. The resulting excavations shall be refilled to the required limits with suitable material.
B. 
The use of explosives for rock excavation shall be in strict conformance with New York State Department of Labor Rules No. 39 and 23 and all other federal, state and municipal laws and regulations relative to use of explosives. All necessary permits shall be applied for and obtained by the developer prior to use of any explosives. No explosives shall used within 30 feet of any structure.
C. 
Where explosives are used, the rock shall be presplit using reduced charges near the top to eliminate outbreak and heaving.
D. 
The developer shall be responsible for all damage resulting from the use of explosives, whether caused directly or indirectly.
E. 
Rock encountered within areas where blasting is not permitted shall be removed by the developer by drilling and splitting, mechanically or by hand, or by other approved methods not requiring the use of explosives.
A. 
Small stone.
(1) 
Crushed stone for bedding shall consist of clean, hard, durable, uncoated stone free from lumps of clay and all deleterious substances.
(2) 
Size 1 crushed stone shall be provided in all trench bottoms as bedding for the pipe for the full width of the trench from six inches below the bottom of the pipe up to the limits as shown on the standard detail.
(3) 
The stone shall conform to Primary Size 1 as stated in Section 703 of the New York State DOT Specifications. It shall conform to the following gradation when tested using United States standard sieves:
Sieve Size
(inches)
Percentage Passing by Weight
1
100%
1/2
90 - 100%
1/4
0 - 15%
(4) 
Stone for pipe bedding shall be deposited uniformly in layers not exceeding six inches in loose depth for the full width of the trenches. The developer shall exercise care in all placing operations so as to prevent disturbing joints or displacing or damaging the pipe, pipe coverings and coating.
B. 
Large stone.
(1) 
Size 3 crushed stone shall be provided in place of unsuitable material incapable of properly supporting the pipe for the full width of the trench from the required depth below the pipe up to six inches below the bottom of the pipe. All unauthorized overdepths in excavations and all excavations to extra widths shall be refilled with Size 3 stone.
(2) 
Stone shall be obtained by the developer from acceptable sources off the site and in the quantities required for the completion of the work and of the quality specified. Stone shall consist of clean, hard, durable particles or fragments of crushed stone or gravel and shall be free from lumps of clay, organic matter or other objectionable material. It shall conform to Size No. 3 gradation as stated in Section 703 of the New York State DOT Specifications, which is as follows:
Sieve Size
(inches)
Percentage Passing by Weight
2 1/2
100%
2 inch
90 - 100%
1 1/2
35 - 70%
1
0 - 15%
A. 
Backfilling shall commence only after locating and lamping of the pipe. The trenches shall be carefully backfilled with suitable material, free from stones greater than six inches in diameter, debris and frozen earth. Backfill shall be placed in eighteen-inch layers and thoroughly compacted. This same requirement shall prevail for backfill of manholes.
B. 
Compaction required herein shall be accomplished using plate vibratory compactors capable of delivering blows of a minimum of 2,500 pounds of impact at a rate of not less than 1,100 per minute, or impact rammers weighing not less than 200 pounds with a ramming foot area of not more than 80 square inches, delivering a blow of not less than 200 pounds per blow, or pneumatic tampers with a face area of not less than 50 square inches and an overall weight of not less than two pounds per square inch of tamping face area.
C. 
Surplus material excavated from trenches suitable for backfill shall be stockpiled. This material shall be maintained to be used to backfill trenches in areas where the excavated material in its original condition is unsuitable for backfill.
D. 
The Town reserves the right to inspect pipe grades of surface drainage overland and underground contingent upon lot grades and to enforce the removal of same if not installed to Town specifications.
It shall be the responsibility of the developer to remove all excess backfill, rock, broken pavement, unsuitable or organic materials from the public right-of-way or easement prior to final approval by the Town.
A. 
The developer shall notify the Town in writing 72 hours prior to any construction which will interfere, cause removal from or make connections to any existing Town sanitary sewer system, water supply system, drainage facility or traffic control device, or any other public utility (hereafter "facilities").
B. 
It is the developer's responsibility to notify the proper governmental agencies or utility companies and obtain all permits or easements for any and all work which will affect existing facilities.
C. 
The developer is responsible for protection of all Town governmental and utility facilities. It shall be the developer's responsibility to repair and/or replace any facilities damaged by operations of any contractors or subcontractors employed by the developer. All repairs or replacements shall be made to the satisfaction of the Town or affected utility at no additional cost to the Town.
A. 
The developer shall furnish and erect all the necessary traffic control devices as required by the Town or other governmental agencies, as their jurisdiction applies, for the purpose of providing protection at all times to persons and property at the construction site, while causing the least interference possible to ongoing traffic flow. It shall be the responsibility of the developer to provide proper maintenance of all traffic control devices for the duration of the new construction.
B. 
The developer is responsible for the protection of all existing pavements and traveled ways within the work area. The developer shall provide the required pavement cleaning and repair, and any dust control measures requested by the Town, to maintain safe and orderly passage of traffic and persons.
All concrete used in the construction of any sanitary sewers, water main, storm drainage or pavement structures shall conform with the current standards for mixing and placing concrete in the New York State Department of Transportation Standard Specifications, Sections 500 and 700, in accordance with the standards and specifications of the American Society of Testing and Materials (ASTM) and the American Concrete Institute (ACI) under the following references:
A. 
New York State Department of Transportation (NYSDOT)
Section 500
Rigid Pavements
Section 700
Materials Details
B. 
American Society for Testing Materials (ASTM)
C
29-76
Test for Unit Weight Of Aggregate.
C
31-69
Making and Curing Concrete Test Specimens in the Field
C
33-77
Spec. for Concrete Aggregates
C
39-72
Test for Compressive Strength of Cylindrical Concrete Specimens
C
94-74a
Spec. for Ready-mixed Concrete
C
143-74
Test for Slump of Portland Cement Concrete
C
150-77
Spec. For Portland Cement
C
156-74
Test for Water Retention by Concrete Curing Materials
C
171-69
Spec. for Sheet Materials for Curing Concrete Sampling Fresh Concrete
C
192-76
Making and Curing Concrete Test Specimens in the Laboratory
C
260-74
Spec. for Air-Entraining Admixtures for Concrete
C
309-74
Spec. for Liquid Membrane-Forming Compounds for Curing Concrete
C
494-77
Spec. for Chemical Admixtures for Concrete
C
618-77
Spec. for Flyash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete
C
685-74
Spec. for Concrete Made by Volumetric Batching and Continuous mixing
C
98-77
Spec. for Calcium Chloride
C. 
American Concrete Institute (ACI)
ACI 211.1-74
Recommended Practice for Selecting Proportions for Normal Weight Concrete
ACI 304-73
Recommended Practice for Measuring, Mixing and Placing Concrete
ACI 305-72
Recommended Practice for Hot Weather Concreting
ACI 306-66
Recommended Practice for Cold Weather Concreting
ACI 318-71
Building Code Requirements for Reinforced Concrete
A. 
Concrete design mix. The developer shall submit in writing the design mix, prepared by an independent testing laboratory, to the Town 10 days prior to placing any concrete for pavements.
B. 
Testing.
(1) 
The developer shall engage an independent outside testing agency, subject to acceptance by the Town, for the purpose of performing the strength tests as hereinafter described. The agency shall be responsible for making and laboratory testing of cylinders and for submission of certified test reports to the Town.
(2) 
The developer shall provide for test purposes one set of three cylinders taken from each unit of construction or fraction thereof, or each day's pour or each 50 cubic yards, whichever is less. Unless otherwise directed, one cylinder in each set shall be subjected to a seven-day test and the remaining two shall be tested at the age of 28 days. The samples for strength tests shall be taken in accordance with ASTM C 31. Cylinders for tests shall be molded and laboratory cured in accordance with ASTM C 39. Each strength test result shall be the average of two cylinders from the same sample tested at 28 days of the specified earlier age. No individual cylinder test result shall fall below the required f'c by more than 150 psi. The strength level of the concrete will be considered satisfactory if each strength test result equals or exceeds the required f'c.
C. 
Certification.
(1) 
The developer shall submit all mill and manufacturers' certificates attesting the conformance of ingredients with the specifications in writing when requested by the Town.
(2) 
Batch tickets. The developer shall submit a certification or delivery ticket from the concrete supplier with each batch delivered to the site, prior to unloading at the site, setting forth the following information:
(a) 
Name of supplier.
(b) 
Name of batching plant and location.
(c) 
Serial number of ticket.
(d) 
Date.
(e) 
Truck number.
(f) 
Specific job designation (contract number and location).
(g) 
The volume of concrete (cubic yards).
(h) 
Specific class and type of concrete (in conformance with the specification requirement).
(i) 
Time loaded.
(j) 
Type and brand of cement.
(k) 
Weight of cement.
(l) 
Maximum size of aggregates.
(m) 
Weights of coarse and fine aggregates, respectively.
(n) 
Maximum amount of water to be added and amount of water added at the site, if any.
(o) 
Kind and amount of admixtures.
A. 
All cement used in concrete shall be low-alkali portland cement conforming to the requirements of ASTM C 150, Type II.
B. 
All materials shall conform to the latest standards and specifications of the New York State Department of Transportation and the American Society of Testing and Materials.
C. 
All concrete mixtures shall conform with the specific requirements of Section 500 of the NYSDOT Standard Specifications. See Table 501-3.
D. 
All coarse and fine aggregates shall conform to the NYSDOT and ASTM C 33 requirements.
E. 
Admixtures shall conform to the following:
(1) 
Air-entraining admixtures: ASTM C 260.
(2) 
Water-reducing admixtures: ASTM A 494 Type A.
(3) 
Possolanic admixtures: ASTM C 618.
(4) 
Calcium chloride: ASTM D 98.
F. 
Water used for mixing of concrete shall be clean, fresh and potable.
G. 
Concrete shall be composed of portland cement, fine aggregate, course aggregate and water with or without admixtures as permitted by the Town and shall be homogeneous readily placeable and uniformly workable.
H. 
All concrete for concrete pavements shall be ready-mixed concrete, manufactured at a NYSDOT approved plant, in accordance with ASTM C 94.
I. 
Slump, aggregate size, cement content, water-cement ratio and air content shall conform to Table 501-3 of the NYSDOT Standard Specifications unless otherwise noted.
Strength
(28 day strength)
Concrete
Type A
3,500 psi
Concrete
Type B
2,500 psi
A. 
Concrete shall be handled from mixer to transport vehicle to place of final deposit in a continuous manner as rapidly as practicable and without segregation or loss of ingredients until the approved unit of operation is completed. Placing will not be permitted when the sun, heat or limitations of facilities prevent proper finishing and curing of the concrete. Concrete shall be placed in the forms, as nearly as practicable in final position, in uniform approximately horizontal layers not over 12 inches deep. Forms or reinforcement splashed with concrete shall be cleaned in advance of placing subsequent lifts. Concrete shall not be allowed to drop freely more than five feet in unexposed work nor more than three feet in exposed work; where greater drops are required, a tremie or other acceptable means shall be employed. Concrete to receive other construction shall be scalded to the proper level to avoid excessive shimming or grouting. Conduits and pipes shall not be embedded in concrete unless specifically indicated.
B. 
Concrete that is truck-mixed or transported in truck mixers or truck agitators shall be delivered to the site of the work and discharge completed in the forms within the time specified in the ASTM Specification C 94. Transit-mixed concrete that is completely mixed at the site of concrete placement or batched cement and aggregates transported to mixers shall be placed in the forms within 11/2 hours after cement has been added. Concrete shall be placed in the forms within 15 minutes after discharge from the mixer at the job site.
C. 
Temperature requirements. Concrete shall not be placed without special protection when the concrete is likely to be subjected to freezing temperatures before the expiration of the specified curing period. If it is necessary to place concrete under conditions of low temperature, said placement shall not be done without prior approval of the Town. Temperature of the concrete when placed shall be not less than 50° F. nor more than 70° F. Heating of mixing water and/or aggregates will be required as necessary to maintain minimum concrete temperature of 50° F., and all methods and equipment for heating shall be subject to acceptance. Materials shall be free from ice, snow, frost and frozen lumps before entering the mixer. Surfaces that will be in contact with concrete shall be free of frost, ice or snow. Suitable covering and other means that will not stain concrete, as approved, shall be provided for maintaining the concrete at the temperature and periods specified. Concrete shall be kept above freezing temperatures until surface defects have been remedied. Salt, chemicals or other materials shall not be mixed with the concrete to prevent freezing. Any concrete damaged by inadequate protection or procedure shall be removed and replaced at no additional cost to the Town.
D. 
Concrete placed against earth. Concrete shall be placed upon undisturbed surfaces. The surfaces shall be clean and free from frost, ice, mud and water. Waterproof paper, polyethylene sheeting of nominal 4-mil minimum thickness or polyethylene-coated burlap shall be laid over surfaces receiving concrete, and specified for curing concrete, except that the polyethylene film may be other than white.
E. 
Compaction of concrete. Immediately after placing, each layer of structural concrete shall be compacted by internal concrete vibrators supplemented by handspading, rodding and tamping. Tapping or other external vibration of forms will not be permitted. Vibrators shall not be used to transport concrete inside forms. Internal vibrators submerged in concrete shall maintain a speed of not less than 7,000 impulses per minute. The vibrating equipment shall at all times be adequate in number of units and power to properly consolidate all concrete. Spare units shall be on hand as necessary to ensure such adequacy. Duration of vibration shall be limited to time necessary to produce satisfactory consolidation without causing objectionable segregation. The vibrator shall not be inserted into lower courses that have begun to set. Vibrators shall be applied at uniformly spaced points not farther apart than the visible effectiveness of the machine.
Joints shall be constructed in strict accordance with Section 502-3.08 of the NYSDOT Standard Specifications.
A. 
All steel reinforcement for concrete shall comply with the latest standards and specifications of the following agencies:
(1) 
New York State Department of Transportation (NYSDOT).
(2) 
American Society for Testing and Materials (ASTM).
(3) 
American Concrete Institute (ACI).
(4) 
American Welding Society (AWS).
B. 
All materials shall conform with the following references:
(1) 
Reinforcing steel bars: ASTM A 615 Grade 60.
(2) 
Spiral reinforcement: ASTM A 82.
(3) 
Welded steel wire fabric: ASTM A 185.
(4) 
Supports: ACI 315.
(5) 
Tie wire: 18 gauge, block, annealed steel wire.
A. 
The curing of concrete shall be accomplished using the following methods:
Type
Method
General concrete work and structures
Moisture or impervious sheet curing
Concrete pavements except sidewalks and drives
Impervious sheet or membrane-forming compound curing
B. 
All curing shall be adequately maintained by the developer.
C. 
The developer shall provide curing in the appropriate manner as listed below:
(1) 
Moist curing. Unformed surfaces shall be covered with burlap or mats, wetted before placing, and overlapped at least six inches. Burlap or mats shall be kept continually wet and in intimate contact with the surface. Where formed surfaces are cured in the forms, the forms shall be kept continually wet. If the forms are removed before the end of the curing period, curing shall be continued as on unformed surfaces, using suitable materials.
(2) 
Impervious-sheet curing. All surfaces shall be thoroughly wetted with a fine spray of water and be completely covered with waterproof paper, or polyethylene sheeting, or with polyethylene-coated burlap having the burlap thoroughly water-saturated before placing. Covering shall be lapped not less than 12 inches and securely weighted down or shall be lapped not less than four inches and taped to form a continuous cover with complete closed joints. Sheets shall be weighted to prevent displacement or billowing from winds. Sheets shall be immediately repaired if tears or holes appear during the curing period.
(3) 
Membrane-forming compound curing. Before applying curing compound, tops of joints that are to receive sealer or sealant shall be tightly closed with temporary material to prevent entry of the compound and to prevent moisture loss during the curing period. The compound shall be applied on damp surfaces as soon as the moisture film has disappeared. The curing compound shall be applied by power-spraying equipment using a spray nozzle equipped with a wind guard. The compound shall be applied in a two-coat continuous operation at a coverage of not more than 400 square feet per gallon for each coat. When application is made by hand sprayers, the second coat shall be applied in a direction approximately at right angles to the direction of the first coat. The compound shall form a uniform, continuous, adherent film that shall not check, crack or peel and shall be free from pinholes or other imperfections. Surfaces subjected to heavy rainfall within three hours after compound has been applied, or surfaces damaged by subsequent construction operations within the curing period, shall be resprayed at the rate specified above. Membrane curing compound shall not be used on surfaces that are to receive any subsequent treatment that depends on adhesion or bonding to the concrete. Membrane curing compound shall not be used on surfaces that are maintained at curing temperatures with free steam. Where membrane-forming curing compounds are permitted, permanently exposed surfaces shall be cured by use of a nonpigmented membrane-forming curing compound containing a fugitive dye. Where non-pigmented-type curing compounds are used, the concrete surface shall be shaded from the direct rays of the sun for the curing period. Surfaces coated with curing compound shall be kept free of foot and vehicular traffic and from other sources of abrasion and contamination during the curing period.
(4) 
Curing periods. Continuous curing shall remain for the following minimum time periods:
(a) 
Concrete road pavements: seven days.
(b) 
Sidewalks and drives: two days.
(c) 
General concrete work for structures: two days.