[Adopted 3-27-1950 (Ch. 101 of the 1971 Code)]
A. 
No person, firm or corporation shall open or cause to be opened, by cutting or excavating, the surface or soil of any street, highway, sidewalk area or public ground for any purpose whatsoever, without first obtaining therefor from the Commissioner of Public Works a written permit for street opening; nor shall any person, firm or corporation make or cause to be made any connection into a sanitary sewer, stormwater drain or water main in an easement or right-of-way across private property, said sanitary sewer, stormwater drain or water main forming a part of the sewer, drainage or water-distribution system, respectively, of the City of Middletown, without first obtaining from the Commissioner a written permit for street opening.
B. 
Such permit shall be valid for an effective period not to exceed 30 consecutive calendar days, to be determined and specified therein by the Commissioner. Such effective period may be extended, if so requested in writing by the permittee prior to expiration thereof, for such additional period as the Commissioner, at the latter's discretion, may authorize.
A. 
Any person, firm or corporation desiring a permit for street opening shall make application thereof to the Commissioner for each such opening upon forms to be provided for that purpose.
B. 
Said application shall contain the names and addresses of the applicant and of the owner of the property in front of which or for whom the work is to be performed. Each and every applicant by filing the application shall agree to defend, indemnify and save harmless the City from any and all claims arising from or as a result of any excavation of street or sidewalk. The size and purpose of the opening to be made and the maximum size of such opening, the date or dates when the work is to be performed, the type of pavement or surface to be disturbed, together with such necessary sketches and additional information as the Commissioner may require, and a signed statement by the applicant that the said applicant agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit, the provisions of the Charter and of the ordinances of the City and the applicable rules and regulations of the Department of Public Works, shall also be listed.
[Amended 9-23-1974; 10-16-2018]
No permit for street opening shall be issued by the Commissioner of Public Works until the applicant therefor shall have first placed on file with the Commissioner of Public Works of the City of Middletown, at the sole cost of the applicant, satisfactory evidence of public liability insurance naming the applicant thereon as well as the City of Middletown as a named insured and waiver of subrogation, in an amount not less than $1,000,000 for any one person and not less than $3,000,000 for any one accident, and property damage insurance in the amount of not less than $2,000,000 for any one accident. The applicant must provide workers' compensation with waiver of subrogation in favor of the City of Middletown. The applicant may, in lieu of placing on file the actual policy, deliver to the Commissioner of Public Works a certificate by an insurance company duly licensed to operate in the State of New York certifying that insurance in the amount above set forth, and naming the City of Middletown as an insured on the said policy, is in force and effect. All such certificates or policies shall be approved as to form, correctness and adequacy by the Corporation Counsel of the City of Middletown. Failure to file with the Commissioner as herein required and to keep in force and effect insurance as provided for above shall result in a denial by the Commissioner of any street opening permits.
[Amended 9-23-1974]
A. 
No permit for street opening shall be issued by the Commissioner until the applicant therefor shall have first paid to the City of Middletown in cash or by check payable to the City of Middletown, a charge and deposit as determined hereunder.
B. 
For every ditch there shall be a mobilization charge of $50. In addition, there is a charge of $3 per square foot of opening up to 50 square feet of opening. Any additional square footage over the 50 square feet will be charged at $2 per square foot. All ditches are to be filled only with run-of-bank gravel and properly compacted so undue settlement does not occur. The Commissioner of Public Works or his designated representative shall inspect and measure the ditch and bill the applicant for any additional square footage due the City and, further, to authorize any rebate due the applicant for a ditch smaller in size than that paid for in the application.
[Amended 3-28-1983; 12-27-2005]
C. 
In the event that the deposit, as provided for in Subsection B is not sufficient to cover the charges as set forth in said Subsection B, the balance shall be paid to the City by the person obtaining the said permit within 30 days of the rendering of a bill from the City for said amount. In the event that payment in accordance with the said bill is not paid within 60 days from the date of the rendering of the bill, no further permits shall be issued by the City to the applicant. This prohibition shall remain in effect until all accounts of street permits for street openings shall have been paid.
A. 
The amount of deposit shall be retained by the City for the duration of the period of maintenance as defined hereinbelow.
B. 
Upon failure or default by the permittee of any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done or performed, said deposit may be used by the City for any expense incurred by the City by reason of such failure or default on the part of the permittee.
C. 
Any balance left after deductions for proportionate amount of insurance premiums insuring the City from any claims from such excavations; deductions for use of City equipment for use of which no additional deposit is required; and the expense of such failure or default, as determined and certified by the Commissioner, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee.
A. 
Unless otherwise agreed upon between a public service corporation and the City of Middletown, a public service corporation may, in lieu of the deposit hereinbefore specified for street opening, file and keep on file with the Commissioner of Public Works a bond in the amount of $5,000, the said bond to be approved as to form, amount and sufficiency of surety by the Corporation Counsel, and the said bond to be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed.
B. 
Said bond provided for hereinabove shall be considered as a deposit, and the provisions of § 416-22 of this article in regard to the disposition of deposits, and in § 416-23 in regard to expenses incurred by the City, shall apply equally to a public service corporation in the same manner as specified for other permittees in said § 416-23, and each excavation shall be considered to be made under § 416-20, particularly as to agreement to the defense and indemnification of the City, and provisions of § 416-21 as to insurance shall apply.
C. 
A public service corporation which contemplates excavating any public street in the City of Middletown shall file in January of each and every year a schedule of excavations contemplated to be made during said calendar year, listing the names of the streets, description of the work to be performed, including a statement of the width, length and depth of said excavations and their location on said street.
D. 
Any street on which the City or any public service corporation has made a major excavation shall not again be excavated for any major installation for a period of two years except with the expressed consent of the Common Council of the City of Middletown.
E. 
In case of emergency due to breakage of pipes, etc., street openings may be made by a public service corporation prior to obtaining a permit for street opening; provided, however, that said public service corporation shall have filed the required bond and evidence of insurance as specified in this section and in § 416-21 of this article, and provided further that the said public service corporation shall make application for the necessary permit for street opening not later than 24 hours (Saturday afternoons, Sundays and holidays not included) after said opening has been commenced.
A. 
It shall be the duty of the person, firm or corporation by whom or for whose benefit any street opening is to be made for any purpose whatsoever in the City of Middletown, to give written notice thereof to any company whose pipes, conduits or other structures are laid in the street in which any work is to be done by the permittee under the provisions of a street opening permit, not less than 24 hours before commencing such opening or work; and such person, firm or corporation doing such work shall, at its own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or other structures, and, in case of injury, shall restore same, at its own expense, to as good a condition as they were before the beginning of such opening or work.
B. 
In case of failure of said person, firm or corporation to comply with the provisions of this section, then same may be done by the company to whom the pipes, conduits or other structures belong, and the costs thereof and all damages sustained by the said company thereby shall be paid by said person, firm or corporation to said company, who may, in default thereof, maintain an action against such person, firm or corporation.
A. 
The permittee shall erect and maintain suitable barricades and fences around all of his or its work while excavation or other work is in progress, and shall arrange his or its work in such a manner as to cause a minimum of inconvenience and delay to vehicular and pedestrian traffic. The Commissioner may require that the work be so arranged as to make possible the complete removal of obstructions to traffic on Saturdays, Sundays and holidays.
B. 
Warning flags or signs and suitably lighted red lights shall be provided around the excavation and placed 50 feet in front of the excavation facing the direction of travel, and watchmen shall be provided if so ordered by the Commissioner and in accordance with the latter's directions.
C. 
Where the free flow of traffic is interfered with, the permittee shall designate competent persons to direct and expedite traffic by means of lights or flags.
D. 
Unless otherwise authorized by the Commissioner, vehicular traffic shall be maintained at all times during the progress of the work being performed under the permit.
A. 
Excavated material shall be stored in neat piles so placed as to cause the least interference with the use of the roadway or sidewalks.
B. 
Whenever conditions make it necessary, the Commissioner may require that the sheathing be installed.
C. 
Unless otherwise authorized in writing by the Commissioner, sheathing and shoring shall be left in place with a cutoff line 18 inches below ground surface.
A. 
No backfilling shall be done by the permittee until the work being done under the permit shall have first been inspected and backfilling authorized by the Commissioner. In case of nonconformity with this requirement, the Commissioner shall have the right to require that the work be uncovered by the permittee at the latter's own expense so that proper inspection may be made.
B. 
The material used to backfill the bottom of the trench up to a level of two feet above the completed pipe or other structure shall be clean earth, sand or rock dust, and shall contain no broken rock, stone or frozen earth.
C. 
Above a level two feet higher than the top of the completed pipe or other structure, the material used for backfill shall be approved material containing no frozen earth and not more than 1/3 broken rock and no stone or piece thereof shall exceed 1/2 cubic foot in size.
D. 
The space between the pipe or other structure and the bottom and sides of the trench shall be packed full by hand and thoroughly tamped as fast as placed and up to the level of the top of the pipe or other structure, which shall then be covered by hand to a level at least three feet higher than the top thereof, the backfill material being carefully deposited and tamped in layers not more than six inches thick.
E. 
Tamping shall be done with a light tamper weighing from six to eight pounds and shall be conducted in such a manner as to secure compacted backfill without in any way injuring or disturbing the completed pipe or structure.
F. 
Compacting the backfill by means of flooding or puddling with water will not be allowed except with the prior written authorization of the Commissioner.
Tunneling under pavements or sidewalks will not be allowed, but small pipes or conduits having a dimension of six inches or less may be driven beneath pavement or sidewalks in such a manner that the surface shall not be disturbed or injured, and provided that:
A. 
The prior written approval of the Commissioner is obtained.
B. 
No excavation in connection therewith shall be closer than one foot to the edge of a sidewalk or 18 inches to the edge of a pavement.
C. 
Such pipes or conduits shall be enclosed in sleeves or larger pipes so that required replacements or repairs may be made in the future without disturbance or injury to the pavement or sidewalk.
D. 
In the event of damage to a pavement, sidewalk or subsurface pipe or structure caused by driving such pipe or conduit, the permittee shall repair and make good the damage at the permittee's own expense.
No person shall excavate or dig up any sidewalk except with the permission of the Commissioner of Public Works. No fee or deposit shall be required. All proper safeguards shall be provided, and work shall be performed in a manner satisfactory to the Commissioner of Public Works and in accordance with the provisions of this article.
A. 
Temporary resurfacing.
(1) 
Immediately after backfilling and tamping the excavation, the permittee shall place there on an acceptable temporary resurfacing as provided hereinbelow. Such temporary resurfacing shall be maintained even with the roadway or other surface, as directed, until permanent restoration of the surface is ordered by the Commissioner.
(2) 
The temporary resurfacing shall consist of not less than two inches of asphalt pavement (New York State Item 53) when opening was made in an existing concrete, brick or macadam pavement or asphalt-surfaced covered dirt streets, two inches of acceptable cinders in all unsurfaced streets, except that where topsoil, seeded areas or sod have been disturbed by the excavation, the permittee shall restore the ground surface to the same condition as existed before the work was begun.
(3) 
Permanent restoration of the surface over a street opening excavation shall not be made until satisfactory settlement of the backfill has taken place in the opinion of the Commissioner.
B. 
Concrete pavements.
(1) 
Before proceeding with pavement resurfacing, the existing concrete pavement shall be neatly cut back a distance of not less than 12 inches beyond the edges of the excavation, care being taken not to remove any existing steel reinforcement. Such distance shall not be reduced without prior approval of the Commissioner and may be increased as provided hereinunder.
(2) 
Where the existing pavement has been undermined by the excavation or by any work connected therewith, or where spalled or scaled surface areas of existing pavement adjoin the areas to be resurfaced, the permittee shall remove additional pavement beyond the distance stated hereinabove as ordered by the Commissioner.
(3) 
In the event that any portion of the proposed concrete resurfacing, as finally determined by the Commissioner as provided hereinabove, is nearer than four feet from a joint, then such removal shall be extended to said joint. The smallest horizontal dimension of the concrete resurfacing shall be not less than four feet.
(4) 
None of the subgrade so exposed shall be disturbed in any way except when, in the opinion of the Commissioner, such subgrade is unstable, in which case the unstable material shall be removed as ordered, and replaced with approved stable material in layers not to exceed four inches, each layer being thoroughly compacted and tamped.
(5) 
The upper edges of the existing concrete pavement shall be uniformly plumbed and tooled for a depth not to exceed one inch, the remaining depth being left with straight but rough edges.
(6) 
Reinforcement consisting of deformed steel bars not less than 3/8 inch in size, spaced as ordered, or wire mesh weighing 50 pounds per 100 square feet, shall be placed two inches above the sub grade and shall be adequately tied in with the existing reinforcement, if any.
(7) 
The edges of the existing concrete pavement shall be thoroughly washed, wire brushed, dampened and painted with a 1:1 neat cement coating immediately previous to the placing of the new concrete resurfacing.
(8) 
The concrete shall be proportioned, mixed, placed, finished and cured as ordered. The Commissioner may, in his discretion, require the use of an approved high early-strength cement placed under approved methods. The use of admixtures and work in freezing weather will be allowed only with the Commissioner's prior approval and as directed.
(9) 
Approved joints shall be installed where directed.
(10) 
The resurfaced area shall not be opened to traffic until so ordered by the Commissioner.
C. 
Asphalt pavements.
(1) 
In resurfacing existing asphalt pavements, the permittee shall cut back the existing pavement a distance of not less than six inches beyond the edges of the excavation. Such distance shall not be reduced without prior approval of the Commissioner and may be increased by the Commissioner if the existing pavement has been undermined by the excavation or by any work connected therewith.
(2) 
The permittee shall place on this subgrade four inches of approved crushed stone of required size properly tamped, and 2 1/2 inches to three inches of asphalt premix shall be added and finished in an acceptable manner.
D. 
Other surfaces. The temporary surfacing of asphalt-treated dirt streets may be brought to grade by applying asphalt premix over the area. Any other surfaces disturbed by reason of the work performed under the permit shall be restored by the permittee as directed by the Commissioner.
E. 
Work may be done by City. The Commissioner may, in his discretion, cause any or all of the work contemplated in this section to be done by the City's own forces or by contract or otherwise, in which case the City shall be reimbursed for any expense incurred thereby, and the permittee shall have no claim against the City for loss of anticipated profits or for any other losses by reason thereof.
F. 
Provisions of this section shall apply only to excavations and ditches running parallel to the curb.
[Amended 12-4-2012]
A. 
Any person or persons, partnership, association, limited-liability company, public utility company or corporation doing or permitting to be done or causing to be done any act or thing contrary to the provisions of this article shall, upon conviction thereof, be subject to a fine of not less than $500 nor more than $1,000 for each violation, or to imprisonment not to exceed 15 days in jail for each violation, or to both such fine and imprisonment for each violation. Every violation of any provision of this article shall be a separate and distinct offense, and in case of continuing violation, every day's continuance thereof shall be and is deemed to be a separate and a distinct offense.
B. 
In addition to the imposition of fines and/or imprisonment as set forth above, the City may seek injunctive relief in a court of competent jurisdiction to prevent the continued violation of this article.