[Adopted 8-8-1921; amended in its entirety 12-8-1986 by L.L. No.
1-1986 (Ch. 115, Art. II, of the 1986 Code)]
No person, firm or corporation, including public-service companies
and municipalities other than the Village of Whitesboro, shall make
any excavation in any street or highway in the Village of Whitesboro
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 must be accompanied by a
general undertaking in such form as may be approved by the Board of
Trustees. The 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, 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 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 of $50 shall be submitted to the Village Clerk with the application referred to in § 244-6 of this article. No permit fee for excavations required in the placement of utility poles shall be required.
A.
The applicant shall file with the Board of Trustees a general liability
insurance policy or certificate of insurance naming the Village of
Whitesboro 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 Whitesboro and the applicant
and shall cover all operations relative to the excavation and reconstruction
thereof. Said policy shall add the Village as an additional insured
and have limits of liability of $1,000,000 for bodily injury to each
person and aggregate liability of $2,000,000 for each accident, and
property damage liability of $1,000,000 for each accident and aggregate
property damage liability of $2,000,000. Additionally, the insured
will be required to sign a waiver of subrogation.
[Amended 11-8-2021 by L.L. No. 2-2021]
C.
In lieu of the aforesaid liability insurance, public-service companies
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 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 Dig
Safely New York.
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 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 extension 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 follows:
(a)
A No. 2 clean sand material shall be placed on the bottom of
the trench and shall be carefully tamped to avoid unequal settling
of the pipe. The bed shall consist of a minimum six-inch compacted
thickness. The sand shall then be brought up the sides of the pipe
and extended six inches above the top of the pipe.
(b)
After the pipe is laid, it must be inspected by the Superintendent
of Public Works or his representative before filling in. As the trench
is backfilled, care must be taken not to deposit any large rocks within
12 inches of the pipe, which would cause future breakage.
(c)
The remainder of the trench shall be backfilled with suitable
materials in two-foot lifts and compacted.
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 control. 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.