[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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
Construction.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
C.
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.
D.
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.
