A.
For the purposes of the article, 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.
APPLICANT
EXCAVATION
PERSON
STREET
As used in this article, the following terms shall have
the meanings indicated:
Any person making written application to the Village of Islandia
for an excavation permit hereunder.
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.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any street, highway, sidewalk, alley, avenue or other public way
or public grounds in the Village of Islandia.
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 Article, 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 village street, highway or sidewalk in the Village of Islandia for
any purpose without first obtaining a permit therefor from the Village Engineer
as hereinafter provided.
A.
Application in writing shall be filed in duplicate with
the Village Engineer upon application blanks which shall be prescribed, which
application shall state the nature, location, extent and purpose of the proposed
excavation.
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 Village Board. Said general undertaking is tendered to
assure that after completing the excavation 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 general undertaking
in such form as shall be approved by the Village Board or, in lieu thereof,
by a cash deposit, the amount of which shall be determined by the Village
Engineer and which shall be based upon the estimated cost of repairing the
damage, which sum is to be deposited with the Village Clerk to assure that
after completing the excavation said 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
and the applicant has deposited cash in lieu of an undertaking, the Village
Engineer will access the damage and report the same to the Village Board.
The Village Board may thereafter order the Village Clerk to pay to the Trustee
in charge of highways, out of the moneys deposited, a sufficient sum of money
to repair or replace said street, highway or sidewalk, pavement, curb or gutter.
In the alternative, the Trustee in charge of highways may contract with the
applicant for the village to complete the pavement, sidewalk, curb or gutter
for a mutually agreed upon sum. Upon the completion of 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.
D.
Upon compliance with the foregoing requirements, a permit
shall be issued in the name of the Village Engineer.
The permit fee, to be set by resolution of the Board of Trustees, shall
accompany each application submitted in accordance with this article.
The applicant shall file with the Trustee in charge of highways a general
liability policy or certificate of insurance naming the Village of Islandia
as an additional insured at the same time he files his application for a permit.
The Village Attorney shall approve the policy for form. The policy shall insure
the Village of Islandia 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.
The Trustee in charge of highways shall require any person making a
highway excavation pursuant to the 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 to the Trustee
in charge of highways and each affected utility has been fully complied with.
Any person making an excavation covered by this Article 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 village 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 Village Engineer 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 Village Engineer.
B.
Construction.
(1)
When working on any village 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 village road, contractors must complete final backfilling (See Subsection E hereof) of the 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 Village Engineer 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 Village Engineer and may be granted by the Village
Engineer upon such conditions as he deems necessary and proper under the circumstances.
C.
Excavations; method and type of opening.
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 the 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.
(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 Village Engineer, 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 Village Engineer 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 Village Engineer.
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.
(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 Village Engineer 24 hours prior to street opening and closing.
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 Village Engineer.
The applicant shall notify the Village Engineer when work has been completed,
after which an inspection will be made by the Village Engineer 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.
The application of any penalty for violation of this article shall not
be held to prevent the enforced removal of the prohibited conditions.
