Town of Union, NY Excavations and Disturbances

Introduction.

Purpose. The purpose of this policy is to:

Ensure compliance with the Underground Facility Damage Prevention Requirements of the latest revision of the New York State Public Service Commissions 16 NYCRR Part 753.

(b)

Provide contractors and utilities with the permitting procedures and other documentation requirements for complying with the Town's street-opening policy.

(c)

Provide repair and maintenance requirements for restoring excavations and street-openings in the Town's rights-of-way, to protect the general public and minimizing long term maintenance costs.

(2)

Definitions. Unless otherwise expressly stated, the following words for the purpose of this policy shall have the meaning herein indicated.

AGGREGATE SUBBASE AND BASE

Aggregate for subbase or base construction of streets and roads consisting of screened or crushed gravel of hard durable particles free from organic matter, lumps or balls of clay and other deleterious substances. Specifications for grain size shall be specified in the most recent NYSDOT and Town specifications.

DIG SAFELY NEW YORK (DSNY)

The process of notifying Dig Safety New York prior to any excavation and all the procedures associated with the New York State Underground Protection of Facilities Act found at 16 NYCRR Part 753.

EMERGENCY EXCAVATION

Any situation where immediate excavation is necessary to prevent injury, death, or loss of existing vital service.

EXCAVATION

Any operation in which earth, rock, or other material below the surface of the ground is moved or otherwise displaced, including digging, ditching, grading, trenching, drilling, auguring, tunneling, scraping and cable or pipe driving, excluding tilling of soil and gardening or any agricultural purposes and the maintenance grading of municipally accepted roads.

HOT MIX ASPHALT (HMA)

Hot plant-mixed bituminous pavement commonly used as base, surface or shim pavement on Town streets and shall meet the latest NYSDOT and Town specifications.

NEWLY PAVED OR CONSTRUCTED STREET

Any Town street which has been paved, repaved, constructed, or reconstructed within the past three years.

PERSON OR APPLICANT

Any person, business or organization of any kind.

STRUCTURES

Culverts, curbs, sidewalks, catch basins, manholes, walls, sewers, sewer services, waterlines and services, gas lines and services, electrical lines and services, telephone lines and services, under drains, cellar drains, hydrants, cable television conduits, traffic signal loops, street light circuits, railroad signal wires, oil lines, etc.

[Amended 8-8-2012 by L.L. No. 9-2012]

TOWN

The Town of Union or its designated official and/or employee.

TOWN HIGHWAY SUPERINTENDENT

The Highway Superintendent or a duly authorized representative.

UTILITY

Any company, corporation, quasimunicipal organization which supplies some widespread service to the public.

VITAL STRUCTURES

Fire hydrants, manholes, catch basins, traffic signals and boxes, cables, etc.

Street-opening, sidewalk or curb alteration policy.

[Amended 8-8-2012 by L.L. No. 9-2012]

(1)

Street-opening, sidewalk or curb alteration permits.

(a)

A street-opening, sidewalk or curb alteration permit shall be required for any excavation and/or alteration of any structure as defined herein performed within the Town's right-of-way and a fee will be charged for this permit. Proper performance of the work shall include, but is not limited to, the repair or replacement of any public or privately owned property damaged while performing the work.

(b)

Maintenance of excavations within any Town right-of-way shall be the responsibility of the applicant for 36 months from the date that the Town Highway Superintendent certifies that the repair is acceptable. Any settlement or other pavement defects of the excavation surface shall be deemed as unsatisfactory work by the applicant. If the applicant neglects or refuses to repair any substandard work after notification by the Town during the thirty-six-month period, the Town may complete any necessary repairs within 24 hours of notification. The applicant shall be liable for the cost of said repairs. No additional street-opening permit will be issued to the applicant until the Town is reimbursed for the cost of the repair.

(c)

When required by the Town Highway Superintendent, the applicant shall submit a written traffic control plan in compliance with the Manual on Uniform Traffic Control Devices (MUTCD). The traffic control plan shall specify signage that is to be used and where it is to be placed. Any barricades, cones or other devices shall be included in the drawings. Any detours for traffic or pedestrians shall be clearly laid out with appropriate detour signage. The traffic control plan, when required, shall be approved by the Town Highway Superintendent or a duly authorized representative prior to any work taking place. The Town Highway Superintendent can order that this plan be prepared by a traffic engineer and stamped by a professional engineer. The applicant shall be responsible for the cost of all traffic control.

(d)

Any contractor desiring to close a street shall complete an application for road closure, and submit a traffic control/detour plan, at the Highway Department Business Office. Road closure requests shall be submitted for approval by the Town Highway Superintendent or a duly authorized representative at least 48 hours prior to the road closure. The Town Highway Superintendent may order that this plan be designed by a traffic engineer and stamped by a professional engineer. In all cases the applicant is responsible to contact Emergency Services and the appropriate School Bus garages.

(e)

Excavation and repair standards.

[1]

All excavations on paved streets, curbs and sidewalks shall be precut in neat straight lines. Saw cuts in streets shall be perpendicular or parallel to the flow of traffic.

[2]

All excavations in existing pavement within 36 inches of the edge of pavement or curb shall require the removal and replacement of all old asphalt completely to the shoulder or curb.

[3]

Pavement edges shall be trimmed to a vertical face. The width of the trench prior to pavement replacement shall be consistent with the entire length of cut. The trimmed edges shall not vary by more than three inches for every 10 linear feet of cut. An approved tack material shall be applied to all edge of existing pavement to ensure the new patch has a watertight bond with the old pavement. Contractor is to crack seal all joints after top coat is applied.

[4]

An additional 12 inches of pavement shall be removed from all sides of the excavation measured from the edge of the excavated trench. Unstable or damaged pavement shall also be removed from the perimeter of the excavation.

[5]

The joint of an asphalt patch for a street excavation shall not fall within the wheel path of a vehicular travel lane. In such cases the excavation shall be enlarged to the center of the lane or adjacent lane.

[6]

The applicant shall be responsible for the cost to replace any street markings or traffic loops disturbed by the work. The repair or replacement work shall only be done by a contractor approved by the Town Highway Superintendent.

[7]

The maximum length of open trench in an excavation permissible at any time shall be 200 feet. No greater length is to be opened for pavement removal, excavation, construction, backfilling, repairing or any other operation without the express written permission of the Town Highway Superintendent.

[8]

The applicant shall not remove, even temporarily, any trees or shrubs which exist in any street right-of-way without first obtaining the written consent of the Town Highway Superintendent. The contractor shall be responsible for the repair or replacement of any damaged trees.

(2)

Fee schedules.

(a)

A street-opening, sidewalk or curb alteration permit fee shall be charged for all work performed within the Town right-of-way. These fees are to cover the Town's inspection and administrative costs associated with the street-opening permit program. The fee structure is intended to reasonably reflect a permittee's proportionate share of such costs. The Town will periodically review these fees and fee structure. In the event the fees assessed fail to reasonably reflect the Town's inspection and administrative costs, or applicant's share of such costs are substantially disproportionate, the Town will revise the fee amounts or fee structure accordingly.

(b)

Street-opening, sidewalk or curb alteration permit fees are as follows:

[1]

Sidewalk and/or curb and gutter: $50.

[2]

Minor work in the gravel shoulder not requiring saw cutting: $100.

[3]

When the work requires asphalt or concrete cuts: $250.

[4]

Water, sewer or storm drain main taps: $300.

(c)

On streets where the Town has installed a new sanitary sewer or Town storm drain and the pavement on such streets is in poor condition the Town may waive up to 100% of the total street-opening fees to applicant.

(d)

There shall be no street-opening fee for utility pole installation in a grass area as long as the excavated area is cleaned up and restored as close to its original condition as possible.

(e)

The Town shall waive street-opening fees for work done under contract to the Town.

(f)

On a street or road scheduled for major reconstruction, the Town may waive the street-opening fee for utilities or contractors performing work in these areas until said base pavement has been installed.

(g)

A moratorium on street-opening permits will be in effect between November 15 to the following April 1 of the succeeding year, except in an emergency as certified in writing by the Town Highway Superintendent.

(3)

Emergency permits. In the event of an emergency, the excavator shall follow Dig Safety New York emergency procedures, outlined in the latest revision of 16 NYCRR Part 753. When excavators are excavating in emergency circumstances, they may complete the work without obtaining a street-opening permit but must obtain a permit after the emergency situation is corrected.

(4)

Protection of the public.

(a)

All excavations within the right-of-way shall have work zone traffic control as outlined in the latest version of the MUTCD. This shall include proper guards or barricades, signs, traffic cones and traffic flaggers.

(b)

Work floodlights and flaggers with lighted traffic control devices may be required during periods of reduced visibility or at night to protect the public from hazard.

(c)

Each applicant shall conduct and carry out the excavation work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and residents of neighboring property. All material excavated from trenches piled adjacent to the trench or in any street shall be piled and maintained in such manner as to minimize erosion, and not endanger those working in the trench, pedestrians or passing motorists. Any materials placed or stored within a travel way shall be barricaded in compliance with the latest MUTCD standards. Where the confines of the street being excavated are too narrow to permit piling of excavated material beside the trench, the Town shall have the authority to direct the applicant to haul the excavated material to a storage site and then haul it back to the trench site prior to backfilling. It shall be the applicant's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. The contractor shall also meet BMPs for non-point-source pollution control. All excavations in the roadway shall be backfilled with crusher run only.

(5)

Right to inspect.

(a)

The Town shall have the right to inspect all aspects of the excavation process on public and applicant's property including, but not limited to, the excavation of earth, backfilling and placement of temporary and permanent pavement. When required by the Town, the applicant shall provide the following materials testing data:

[1]

Samples of materials used for aggregate road base or subbase sufficient for testing requirements.

[2]

Results of lab grain size analysis testing for subbase/base.

[3]

Results of in place density testing of any road base or subbase.

[4]

Mix design and percent asphalt content of any HMA used on the project.

[5]

Thickness and density testing results of pavement on the project.

[6]

All pavement shall meet the latest Town/NYSDOT specifications for HMA.

(b)

It shall be the duty of the applicant to guarantee and maintain the site of the excavation work in the same condition as it was prior to the excavation for 36 months after the date of the work is accepted by the Town.

(c)

The Town shall have the right to revoke a street-opening permit if any other necessary Town, state or federal permits have not been obtained, or if the applicant is not in compliance with the applicable Town, state or federal rules, laws or regulations, or is deemed by the Town Highway Superintendent to be a threat to public safety.

(6)

Penalties. The failure of any applicant or excavator to follow the standards and procedures set forth in this policy shall result in an assessment of penalties according to the following schedule:

(a)

Upon a first violation, the applicant or excavator shall receive a written warning;

(b)

Upon a violation within one year of the date of a prior written warning, the applicant or excavator shall receive an additional written warning and shall be assessed a fine of $500. The applicant or excavator shall not be entitled to receive a street-opening permit and the privilege to excavate shall be revoked until the fine is paid in full;

(c)

Upon a violation within one year of a second written warning, the applicant or excavator shall be assessed a fine of $500 and the applicant or excavator shall not be entitled to receive a street-opening permit and the privilege to excavate shall be revoked until the fine is paid in full or the expiration of six months from the date of the violation, whichever is later.

(7)

Newly constructed and paved street. To maintain the best travel surface feasible, there shall be no excavation on newly paved or substantially repaired streets for a period of three years except in emergency situations. If an excavation must be done within the three-year moratorium, the Town may issue a street-opening permit and require the applicant to cold plane and relay the full width of the road surface on both sides of the street-opening cut a distance of 20 feet from the furthest outside edges of the cut. If that repair overlaps the edge of a repair from a previous opening, the Town may require the applicant to relay the full width of the road to the furthest edge of that previous repair. To prevent unnecessary excavation after reconstruction or repaving, the Town will issue a minimum sixty-calendar-day notice to the potentially concerned utilities, and adjacent property owners prior to the roadway being repaved.

(8)

Backfill methods.

(a)

Backfilling in any street-opening or excavation shall be compacted to a degree equivalent to but not less than the undisturbed ground in which the trench was dug, or 95% of relative maximum compaction, whichever is greater. Compaction of the layers of fill shall be done by mechanical tampers, vibrating plate compactors, or by trench rollers as required by the soil in question and sound engineering practices. Aggregate subbase and base material shall be gravel consisting of hard durable particles free of organic matter, lumps or balls of clay. All aggregate subbase and base material shall meet the latest NYSDOT and Town specifications.

(b)

Backfill material shall be placed in lifts not to exceed eight inches each. Aggregate subbase shall be 12 inches for residential streets.

(c)

The Town may require the contractor or utility to provide soil tests performed by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics when the Town deems necessary. In order for the resurfacing to be permitted, such tests must show that the backfill material meets the minimum requirements prescribed by the Town. All expenses of such tests shall be borne by the applicant. The Town reserves the right to test the material and, if it does not meet specification, the cost to remove and replace the material shall be borne by the excavation contractor.

(d)

When backfilling is done by controlled density backfill, also known as flowable fill, it must have a minimum unconfined compressive strength at 28 days of 100 PSI and shall be capable of being excavated. The excavation shall be properly protected until the material has set up. Any and all protection shall conform to federal and state MUTCD standards. When backfilling, the excavator shall take hydrostatic pressures into consideration and brace structures accordingly.

(9)

Excavation maintenance.

(a)

The applicant shall proceed with diligence and expedite the completion of the excavation work to restore the street. The applicant shall perform such restoration work so as not to obstruct, impede or create a safety hazard.

(b)

Unless otherwise authorized by the Town Highway Superintendent, temporary resurfacing of streets shall consist of a cold patch when HMA is not available or HMA pavement at a minimum depth of two inches. All temporary HMA shall be compacted so that it is hard and smooth enough to be safe for pedestrian to travel on sidewalks and vehicular traffic on streets traveling at a reasonable rate of speed. The applicant shall maintain the temporary paving and trenches for a period not to exceed 30 calendar days. At this time, the contractor shall install permanent pavement over the excavation. All excavations shall be kept safe for pedestrian and vehicular traffic until the excavation has been permanently resurfaced. All cold patch installed during winter excavations shall be replaced with permanent HMA no later than June 15.

(10)

Surface restoration.

(a)

Permanent resurfacing of excavations in streets and sidewalks shall be the responsibility of the applicant. Resurfacing shall normally be completed the same day the excavation is compacted to finish grade.

(b)

The replacement of existing bituminous pavement shall be done with HMA meeting the requirements of the latest NYSDOT and Town specifications. When small excavations are resurfaced by hand, the compacted pavement thickness shall not exceed two inches in depth for any layer of pavement. For machine paving the maximum compacted thickness for a single course of pavement shall be three inches. The thickness of base pavement requirements is 2 1/2 inches and 1 1/2 inches of surface pavement. The surface of the replacement pavement shall match the grade and type of the surrounding pavement.

(c)

When an area to be repaved exceeds 100 square yards, resurfacing shall be accomplished using self-propelled paving equipment complying with the latest NYSDOT and Town specifications. All joints longer than 50 linear feet in length and more than 10 linear feet wide shall be cleanly cut prior to removal of the old pavement.