[Adopted 5-6-1946 by Ord. No. 21; amended in its entirety 5-26-1987 by L.L. No.
2-1987 (Ch. 116, Art. II, of the 1987 Code)]
No person, firm or corporation, including public service companies,
public authorities and municipalities other than the Village of Liverpool,
shall make any excavation in any street or highway in the Village
of Liverpool for any purpose without first obtaining a permit therefor
from the Village Clerk as hereinafter provided.
A.
Applications for permits shall be filed in writing with the Village
Clerk upon application blanks which he or she shall provide or in
such other manner as he or she 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 and public authorities must
be accompanied by a general undertaking in such form as may be approved
by the Board of Trustees. 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 and public authorities for excavations in the street
or highway must be accompanied by proof that such person, firm or
corporation has obtained and has in effect a performance bond or,
in lieu thereof, has deposited an escrow account in the amount of
$5,000 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 the excavation. Such bond shall
remain in force and must be executed for a period of one year after
completion of the work, except that upon such expiration, it shall
remain in force as to all penalties, claims and demands that may have
accrued thereunder prior to such expiration.
A permit fee as set by resolution of the Board of Trustees[1] shall be submitted to the Village Clerk with the application referred to in § 327-3 of this article. No permit fee for excavations required in the placement of utility poles shall be required.
[1]
Editor's Note: Current fees are on file in the office
of the Village Clerk.
A.
The applicant shall file with the Board of Trustees a general liability
insurance policy or certificate of insurance naming the Village of
Liverpool 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 Liverpool and the applicant
and shall cover all operations relative to the excavation and reconstruction
thereof. Said policy shall have limits as set by resolution of the
Board of Trustees.[1]
[1]
Editor's Note: Current liability insurance amounts are
on file in the office of the Village Clerk.
C.
In lieu of the aforesaid liability insurance, public service companies
and public authorities may submit a general undertaking in such form
as shall be approved by the Board of Trustees.
The Board of Trustees may require any person making a street
or highway excavation pursuant to a permit granted hereunder to give
notice of such excavation to public service companies, public authorities
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 Board of Trustees
and the Underground Facilities Protection Organization (UFPO).
Whenever an emergency requires the immediate repair of broken
utility lines, public utility companies may make said excavations
or openings without first securing a permit. However, prior notice
of such proposed emergency openings must be given to the Police and
Fire Departments. It shall be necessary thereafter to obtain a permit
not later than 48 hours after the repair work has been started. All
other provisions of this article shall remain in effect.
Any person making an excavation covered by this article 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, public authorities 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 Public Works 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 extensions of this period is approved by the Board of
Trustees.
B.
Construction.
(1)
When work is being performed on any Village street or highway, 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
and filled as required by the Superintendent of Public Works.
C.
All paving and resurfacing shall comply with the highway construction
specifications of the Village as directed by the Superintendent of
Public Works.
D.
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.
E.
The applicant will be responsible for notifying the Superintendent
of Public Works 24 hours prior to street opening and street closing.
