No person, public service company or municipality other than
the Village of Warsaw may make any excavation in any public street,
terrace or sidewalk for any purpose without first obtaining a permit
from the Village Clerk as hereinafter provided.
A.
An application for a permit must be filed with the Village Clerk.
The application must 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 Village
Board. Said general undertaking is tendered to assure that after completing
the excavation, said applicant will leave the street, highway, sidewalk,
pavement, curb or gutter in the same condition as it was prior to
the excavation.
C.
Applications by persons other than public service companies must
be accompanied by a minimum cash deposit of $400 (or such greater
amount as the Village Board may by resolution establish) or, in the
alternative, a surety bond, to be approved by the Village Attorney,
to assure that after completing the excavation, said applicant will
leave the surface in the same condition as it was prior to excavation.
In the event that the applicant fails to repair or replace such surface
in the time provided in the permit, the deposit will be forfeited
to the extent necessary to repair such surface.
Each applicant (except those for utility poles) must pay a permit
fee to the Village Clerk in an amount to be established by resolution
of the Village Board for each excavation. However, no additional permit
fee will be charged under this chapter for any initial water tap or
initial sewer tap; and no permit fee will be charged in connection
with new construction where a building permit has been obtained.
A.
The applicant must file with the application a general liability
insurance policy or a certificate of insurance naming the Village
of Warsaw as an additional insured. The Village Board will approve
the policy as to form.
B.
The policy must insure the Village of Warsaw and the applicant and
must cover all operations relative to the excavation and reconstruction.
Said policy must have minimum limits of liability of at least $100,000
for bodily injury to each person and aggregate liability of at least
$500,000 for each accident, and property damage liability of at least
$25,000 for each accident and aggregate property damage of at least
$100,000. The Village Board may, by resolution, from time to time
establish greater minimum limits.
C.
In lieu of the aforesaid liability insurance, public service companies
may submit a general undertaking in such form as may be approved by
the Village Board.
The Superintendent of Public Works may require any person making
a sidewalk or 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 is required, no work may be commenced under such
permit until such required notice has been fully complied with to
the satisfaction of the Superintendent of Public Works.
A.
Any person making an excavation covered by this Article must erect
suitable barriers or guards for the protection of persons using the
streets or sidewalks and must set up and maintain during the hours
of darkness sufficient lights or flares to properly illuminate the
area. Such person must also take all necessary precautions for the
protection of the property of the village, of public service companies
or multiple districts and of others which may be endangered by such
excavation or the work incident thereto, and he or she must comply
with all directions given by the Superintendent of Public Works or
his designee with respect to such barriers, lights, flares and protective
measures.
B.
Open excavations used for commercial or industrial purposes must
be enclosed with a substantial fence with suitable gates.
A.
Work under the permit must be commenced within 30 days of the date
of the issuance of the permit and continued in an expeditious manner
unless extension of this period is approved by the Village Board.
B.
Construction.
(1)
When work is being performed on any village street or sidewalk, no
pavement cuts or trenches are to be left unfilled overnight except
in emergencies and with the approval of the Superintendent of Public
Works. In such cases adequate precautions must be exercised to protect
traffic. When working on any sidewalk or street, contractors must
complete final backfilling of any open trench within 14 days from
the time of its opening.
(2)
All pipes or mains crossing street pavement must, whenever possible,
be driven beneath the roadway without disturbance from the edge of
the pavement. Such crossover pipes must, whenever possible, be enclosed
in sleeves or larger pipes so that repairs or replacements may be
made in the future without disturbance of highway pavement.
(3)
In the event that a trench is opened, the trench must be compacted
to within four inches of the road surface after completion of the
necessary work and construction. The existing asphalt surface must
then be cut back at least 12 inches on either side of the undisturbed
grade.
(4)
At the discretion of the Superintendent of Public Works, the contact
surfaces, the packed surfaces and/or adjacent pavement edges must
be painted and sealed with approved bituminous and/or bluestone material
before or after placing the course of asphalt, which must be four
inches of New York Specification 6-8 hot plant mix. This course must
be rolled with an eight-to-ten ton roller, and surface variations
in excess of 1/4 inch must be eliminated or the pavement relaid.
(5)
If the trench is in the earthen shoulder of the roadway, the proper
compaction, as outlined above, must apply with the addition of a covering
of sod or grass seeding as specified by the Superintendent of Public
Works.
C.
A free flow of traffic is to be maintained at all times during the
progress of the work. Adequate signs, barricades and lights necessary
to protect the public must be provided. Flagmen must 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 must be left on the pavement after
working hours, nor may any construction equipment or materials be
placed in such manner or location that will obstruct the highway or
railroad warning signs. Barricades, whether in sidewalk or roadway
areas, must have prominently displayed the address and telephone number
of someone available 24 hours a day who must reestablish the same
in an emergency. Access to adjacent property must be maintained.
D.
The applicant is responsible for notifying the Superintendent of
Public Works 24 hours prior to street or sidewalk opening and street
or sidewalk closing.
