[HISTORY: Adopted by the Board of Trustees of the Village of Coxsackie 12-12-1979 by L.L. No. 3-1979. Amendments noted where applicable.]
No person, firm or corporation, including public service companies and municipalities other than the Village of Coxsackie, shall make any excavation in any street or highway in the Village of Coxsackie for any purpose without first obtaining a permit therefor from the Superintendent of Streets, Parks and Municipal Buildings as hereinafter provided.
Application for permits shall be filed in writing with the Village Clerk upon application blanks which he shall provide or in such other manner as he shall from time to time prescribe. Applications shall state the nature, location, extent and purpose of the proposed excavation.
Applications by public service companies 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 said applicant shall leave the street, highway, sidewalk, pavement, curb or gutter in the same condition as it was prior to the excavation.
Applications by persons, firms or corporations other than public service companies for excavations in the street or highway must be accompanied by a minimum cash deposit of $500 with the Village Clerk to assure that after completing the excavation said applicant shall leave the street, highway, pavement and curb or gutter in the same condition as it was prior to excavation. In the event that the applicant fails to repair or replace such pavement, curb or gutter in the time provided in the permit, the deposit of $500 shall be forfeited to the extent necessary to repair such surface as left undone by the applicant.
Each applicant must pay a permit fee of $15 to the Village Clerk for each excavation, except those for utility poles.
In lieu of the requirements of § 59-2B or C, the applicant may file with the Village Clerk a general liability insurance policy or certificate of insurance naming the Village of Coxsackie as an additional insured at the same time he files his application for the permit. The Board of Trustees shall approve the policy as to form.
The policy shall insure the Village of Coxsackie and the applicant and shall cover all operations relative to the excavation and reconstruction thereof. Said policy shall have limits of liability of $100,000 for bodily injury to each person, aggregate liability of $300,000 for each accident, property damage liability of $5,000 for each accident and aggregate property damage liability of $25,000.
In lieu of the aforesaid liability insurance, public service companies may submit a general undertaking in such form as shall be approved by the Board of Trustees.
The Superintendent of Streets, Parks and Municipal Buildings may require any person making a street 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 required notice has been fully complied with to the satisfaction of the Superintendent of Streets, Parks and Municipal Buildings.
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. He shall also take all necessary precautions for the protection of the property of the Village, of public service companies or municipal districts and of others which may be endangered by such excavation or the work incident thereto, and shall comply with all directions given by the Superintendent of Streets, Parks and Municipal Buildings with respect to such barriers, lights, flares and protective measures.
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 Superintendent of Streets, Parks and Municipal Buildings.
When work is being performed on any Village street, 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. When working on any Village street or road, contractors must complete final backfilling of any trench within 18 days from the time of its opening.
All pipes or mains crossing highway pavement shall, whenever possible, be driven beneath the roadway without disturbance 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 future disturbance of the roadway pavement.
In the event that a trench is opened, the trench will be compacted to within four inches of the road surface with material approved by the Superintendent of Streets, Parks and Municipal Buildings. 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 Superintendent of Streets, Parks and Municipal Buildings, the contact surfaces, the packed 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 1-A hot plant mix. This course shall be rolled with an eight-to-ten-ton roller, and surface variations in excess of 1/4 of an inch shall be eliminated or the pavement relaid.
If the trench work is in the earthen shoulder of the roadway, the proper compaction, as outlined above, shall apply with the addition of a covering of sod or grass seeding as specified by the Superintendent of Streets, Parks and Municipal Buildings of the Village of Coxsackie.
Traffic control. Traffic is to be maintained at all times during the progress of 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. No construction equipment or materials shall be left on the pavement after working hours, nor shall any construction equipment or materials be placed in any way, manner or location that will obstruct the highway or railroad warning signs. Barricades, whether in sidewalk or roadway areas, shall have prominently displayed for police convenience the address and telephone number of someone available 24 hours a day who shall reestablish the same in an emergency. Access to adjacent property shall be maintained.
Notification. The applicant will be responsible for notifying the Superintendent of Streets, Parks and Municipal Buildings 24 hours prior to street opening and street closing.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.