[Adopted 9-22-1987 as Section 2 of L.L. No. 8-1987]
Unless acting under a contract with the town, it shall be unlawful for any person, other than a duly authorized town official or employee in the course of his employment, to make or cause or permit to be made any excavations or opening in or under the surface or pavement of any street, road, sidewalk or other public place within the town or to construct, reconstruct, repair, alter or grade any driveway or street on the public streets without first obtaining and having in force a permit to do so. Such permit shall be issued by the Highway Superintendent's Office.
Any person making or causing to be made any excavation or opening in any street, road, sidewalk or other public place or within 25 feet of the line of any street shall, between sunset and sunrise on every night that the same remains open or danger exists therefrom, keep such excavation or opening fenced and barricaded with substantial barriers to assure public safety and adequate warning lights placed so as to properly warn all persons of such excavation or opening and all obstructions. No unauthorized person shall remove or interfere in any way with any such lights, danger signs or any such barriers. Pavement must be cut or sawed before digging so that there are no jagged edges. If the person who made the excavation fails to provide adequate protection, the town may perform such services and charge same to such person.
A. 
No permit shall be issued by the Superintendent of Highways for the excavation in any street or highway unless the person to whom the permit is to be issued shall have filed with the application for such permit a personal liability insurance policy, or certificate thereof, naming the Town of Frankfort as an additional insured with the minimum limits of coverage for bodily injury equal to $100,000 for each person injured, $300,000 for aggregate bodily injury resulting from each accident and $25,000 property damage. There shall also be filed a surety bond or bank draft in the amount of $500 for each permit in favor of the Superintendent of Highways and the Town of Frankfort guaranteeing compliance with the provisions of this Article.
B. 
If the installation does not meet with the Town of Frankfort standards as outlined above or the contractors neglect to repair as required, the Town of Frankfort will effect the necessary repairs. Any and all costs incurred will be deducted from the deposit. The balance, if any, will be returned to the applicant or the applicant will be billed for the excess, as the case may be, at the completion of the paving restoration.
No change in grade shall be made on any town street or road.
It shall be the duty of any person who is making an opening in the town streets or roads to first call the Town Highway Superintendent.
A. 
Use of gravel. Gravel shall be used for backfilling, shall be approved by the Town Highway Superintendent and shall consist of dry, natural bank-run gravel having durable particles graded from fine to coarse in a reasonable uniform combination, with no boulders or stones larger than four inches in size. It shall be free from slag, cinders, ashes, refuse, mud, silt, quicksand or other deleterious or objectionable materials. It shall not contain excessive amounts of loam or clay and shall not be lumpy or frozen. Backfill gravel shall be used in the trench up to the height of 12 inches from the top of the trench. The top 12 inches shall be processed Item No. 4 gravel, six-inch layers compacted in all ditches in the paved areas of town streets and roads. Any pipe or conduit shall be bedded in sand or gravel to a thickness of not less than six inches compacted. Run-of-back sand shall not contain more than 10% of material finer than a No. 200 sieve.
B. 
Placing. Backfill shall be placed in six-inch layers, and each layer tamped by mechanical means to ensure good compaction. Care shall be taken not to disturb any pipe or conduit located in the ditch. Excavating or backfilling shall not be done in freezing weather except by permission of the Town of Highway Superintendent. No fill shall be made where the material already in the trench is frozen. Completed backfill shall be two inches above the pavement surface.
A. 
All permanent restoration of pavement shall be done by the permittee. The pavement is to be uniformly cut with a jackhammer or a pavement saw. The backfill shall be placed in six-inch layers and compacted to 95% of AASHO standards until the excavation has been filled to the grade of existing pavement. This grade shall be maintained opened to traffic for a minimum of seven days, after which the top six inches shall be excavated and filled with asphalt concrete, Type 4, as defined in the New York State Department of Transportation standard specifications to the grade of the existing pavement. All asphalt is to be compacted.
B. 
The permittee shall be required to guarantee this work for a period of one year after acceptance.
No permits will be issued from October 15 to April 1 unless a specific need arises and special permission is granted.
Any person or persons, firm or corporation violating any of the provisions of this Article shall be guilty of a violation, punishable by a maximum fine not exceeding $250 or by imprisonment for not more than 15 days, or by both, and shall be subject to a further penalty for the continuance of each such violation of $250 for each day any such violation is permitted or allowed to continue after an order directing the discontinuance thereof has been made by the court having jurisdiction of the proceedings.