[HISTORY: Adopted by the Common Council of the City of Fulton 4-4-1995 (Ch. 70 of the 1991 Code). Amendments noted where applicable.]
It shall be unlawful for any person, firm, company or corporation to make or cause to be made any excavation in or under any street, sidewalk or public place or any portion thereof, whether paved or otherwise, in the City of Fulton for any purpose whatsoever, except in compliance with the provisions of this chapter and after obtaining a permit and paying the fee hereinafter provided for.
Prior to the commencement of any work, application for permits shall be made to the City Engineer or his designee upon forms to be provided by said Engineer. For any work commenced without permits, and where a stop-work order is issued, the contractor shall be subject to a double fee.
At least 24 hours prior to the commencement of work, any person, firm, company or corporation proposing to undertake any excavation referred to in § 318-1 hereof shall file an application for a permit to do such work with the City Engineer or his designee upon forms to be provided by such Engineer. A sketch showing the location, dimensions and character of the proposed excavation shall be incorporated in or accompany such application.
[Amended 12-1-2009 by L.L. No. 6-2009]
The Common Council shall, by resolution, establish a fee for the issuance of a permit for the excavation in or under any street, sidewalk or public place. Prior to the issuance of such permit, the applicant shall deposit with the Clerk/Chamberlain, in cash or certified check, the fee as set by resolution of the Common Council for the purpose of reimbursing the City for all expenses which may be incurred by the City of Fulton in restoring the excavated surface to a condition satisfactory to the Commissioner of Public Works.
All trenching and backfilling work in, on and around roadways and public rights-of-way shall conform to all rules, regulations and codes as outlined by NYSDOT, OSHA, State of New York Sanitary Code and the Code of the City of Fulton.
Trench backfill within roadways, at curbs and under sidewalks shall be of No. 1 crusher run gravel tamped in eighteen-inch lifts. Road surfaces shall be filled and tamped to within five inches of road surface, and a temporary covering of cold patch shall be applied. In adverse conditions, high-performance cold patch, QPR 2000, shall be used. All road cuts shall be maintained as noted herein until permanent repair is completed by the Commissioner of Public Works and the contractor is released, in writing, from responsibility.
All concrete road subsurface shall be replaced in kind at the contractor's expense and shall be properly steel plated or barricaded and maintained by the contractor until blacktop is applied.
All work within roadways shall conform to highway work zone traffic control specifications as outlined in Subchapter H, Part 300, of the New York State Manual for Uniform Traffic Devices.
Backfill in right-of-way green areas shall be uniformly compacted to six inches from the surface and topped with good grade topsoil, raked and seeded in public areas, at the contractor's expense.
Curbing and sidewalks shall be repaired or replaced to the specifications set forth by the Commissioner of Public Works at the contractor's expense.
The contractor shall be responsible for the road cut for a period of no less than 30 days nor more than 120 days from date of the permit. The contractor shall, within two hours of contact by any authority of the City of Fulton, regrade, retamp, add to or take from material from the road cut or excavation to make it safe for traffic and pedestrians. Failure to respond by the contractor will result in the City taking necessary steps to remedy the situation and charging the contractor all costs of such, including but not limited to time, material, equipment, administrative costs and any cost of damage or injury as a result of neglect.
Cast-iron piping for sanitary or storm wastewater shall be laid on undisturbed earth, when conditions permit. Bedding for adverse conditions shall be of sand or pea gravel or No. 2 stone tamped at a depth of no less than six inches. Side and top covering of sand and pea gravel shall be no less than six inches and uniformly compacted.
PVC plastic sanitary and storm wastewater piping shall be SDR 35 or better rubber gasket joint and shall be laid on no less than 18 inches of uniformly tamped sand. Side fill shall be of sand no less than 10 inches as measured from the pipe edge; top fill to 18 inches above the pipe, tamped.
Sanitary and storm connections to City mains shall be at 45° from the top of the main unless otherwise authorized by the enforcement officer. Connection shall be at junction wyes built into sewer main unless otherwise authorized. All connections not intended for use or abandoned shall be permanently sealed. New taps in mains shall not protrude into mains and shall be cut at a slant so to leave main smooth and continuous inside. Connection shall be sealed with oakum and concrete.
All road cuts of standard dimensions of four feet by 12 feet shall be blacktopped by the City Department of Public Works (DPW) as per road cut permit specifications. Nonstandard road cuts exceeding four feet by 12 feet shall be regular permit fee plus an additional per-square-foot charge to be calculated on a time and material basis commensurate with material and time costs at the time of construction. (See "street excavation permit" in § A700-1 for the current fee schedule.)
All piping and services encountered in the course of excavation and damaged shall be repaired or replaced in kind unless otherwise authorized by the enforcement officer. The cost is to be at the contractor's expense.
All new and replacement sanitary sewers shall protrude no less than six inches above basement floor unless otherwise authorized and be equipped with a cleanout. When floor drains, roof drains, footing or perimeter drains are present, they shall be redirected to a storm sewer or other approved location. In no case shall they be allowed to connect to the sanitary system. There shall be a single vented trap and cleanout in close proximity to the basement wall and a street cleanout within 12 inches of the sidewalk or curb.
No permit shall be issued until the applicant has filed with the City Engineer or his designee evidence that said applicant is properly insured against public liability and that such policy of insurance shall name the City of Fulton, New York, as one of the insureds against any liability which might be incurred by reason of the work being performed.
Any person or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both, and shall be responsible for the payment of the permit fee and for the reimbursement of costs to the City.