[Adopted 1-24-2006 by L.L. No. 1-2006]
A.
No person shall remove from or deposit on any road
any material or intentionally injure any road or cause to be dug or
made any hole or excavation in or under a road or cause to be erected
thereon or therein any object without first having obtained a written
permit from the Superintendent of Public Works to do so.
B.
Any person desiring a permit shall make application
to the Superintendent of Public Works, upon forms to be provided by
him, which application shall set forth the following:
(1)
The name and address of the applicant.
(2)
A reasonably adequate description of the proposed
work and the reason therefor, including a description of the location
of the proposed work.
(3)
A statement as to the time when such work will be
commenced and an estimate of the time when such work shall be fully
completed and the road restored to its previous condition.
(4)
A time schedule showing when various portions of the
work will be done.
(5)
A reference to the legal authority of the applicant
to perform the proposed work in the public roadway.
(6)
An estimate of the cost of the proposed work, including
such detail as may be specified by the Superintendent of Public Works.
(7)
Such other information as the Superintendent of Public
Works shall deem pertinent.
No permit shall be issued until the applicant
shall have filed with the Superintendent of Public Works a certificate
of insurance providing evidence that the Village has been named as
a primary additional insured under an insurance policy extending coverage
for any losses, including bodily, property or commercial injury cause
by or attributable to the work performed by the applicant, in the
amount of $1,000,000 per occurrence and $2,000,000 general aggregate.
The policy is to include contractual coverage for explosion, collapse
and underground hazards (XCU coverage), and such insurance coverage
is to be written by an insurance company authorized to do business
in the State of New York.
No permit shall be issued to any applicant until
the applicant has posted with the Superintendent of Public Works a
surety bond or certified check in such amount the Superintendent of
Public Works may determine necessary to cover the probable expense
to the Village of replacement by the Village of any road to its former
condition and to guarantee the performance by the applicant of any
of the conditions contained in the permit and compliance with the
Village Code. The obligations secured by the above bond requirements
shall include an obligation to guarantee upkeep and the workmanship
and materials for a period of two years from the date of completion
of the work under the permit. If a surety bond is provided, such bond
shall have a duration of two years from the date of completion of
the work under the permit. If a certified check is provided, such
check shall be deposited in a special account of the Village, and
such security shall continue as security for a duration of two years
from the date of completion of the work under the permit.
Each application for a permit hereunder shall
be accompanied by a fee, to be paid to the Village Clerk of the Village
of Southampton. Application fees and fees for permits shall be set
by Village Board resolution, and shall be paid to the Village Clerk
prior to the issuance of the permit.
The Superintendent of Public Works shall require
any person making a road excavation pursuant to a permit granted hereunder
to give written notice of such excavation to public service companies
having lines, mains or other property in the streets, and no work
shall be commenced or done under such permit until such requirement
of notice has been fully complied with. Proof of mailing of such notice
in the form of a sworn statement shall be filed with the application.
Any person making an excavation pursuant to
the Village Code shall erect a suitable barrier or guard 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 or retro reflective barricades to properly illuminate
or delineate the work area and shall also take all necessary precautions
for the protection of the Village and of public service companies
and adjoining property owners and others which might be endangered
by such excavations 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.
Commencement of work. Work under the permit shall
be commenced within 30 days from the date of permit and continued
in an expeditious manner.
B.
Drainage.
(1)
Drainage is to be maintained at all times leaving
nothing in the way to impede the flow of water.
(2)
Protective measures must be in place so as not to
let any materials or spills enter a storm drain.
(3)
Drainage in the finished paved area must be in the
same or better condition after the final paving as before the final
paving.
C.
Construction.
(1)
When working on any Village road, no pavement cuts
or trenches are to be left uncovered or unfilled overnight, except
in emergencies, and in such cases adequate precautions must be exercised
to protect traffic.
(2)
When working on any Village road, contractors must complete final backfilling (See Subsection F hereof.) of any trench within 18 days from the day of opening.
(3)
All pipes or mains crossing roadway pavements shall,
whenever possible, be driven beneath the roadway without disturbance
to the pavement. The point of driving shall not be less than five
feet from the edge of pavement. Such crossover pipes shall, whenever
possible, be enclosed in sleeves or larger pipes so that repairs or
replacements may be made without further disturbance of the roadway
pavement.
(4)
If the boring method in the driving of crossover pipes
is found to be impracticable, the Superintendent of Public Works shall
be consulted to determine the manner of placing the pipe by the open-cut
method. This request is to be made in writing to the Superintendent
of Public Works and may be granted upon such conditions as deemed
necessary and proper under the circumstances.
E.
Restoration of excavation; temporary patching. Upon
completion of the final backfilling, if final pavement replacing is
not to be accomplished within 20 days from the day of opening, then
the trench will be brought to within two inches of road level and
then paved with two inches of asphaltic concrete within 20 days of
opening, which shall be placed as a temporary surface in any pavement
opening and shall be maintained to the same grade as adjacent pavement.
F.
Procedure for final backfilling. Clean fill will be
used, and the trench shall be compacted in twelve-inch lifts with
either vibratory soil compactors or by suitable hydraulic compaction
by water jetting at three-foot intervals.
G.
Final pavement replacing.
(1)
Concrete. Minimum size replacements in concrete or
asphalt on concrete base shall be 10 by 10 feet, or as directed. In
all cases, if the ten-by-ten-foot replacement is within five feet
of a joint, the replacement must extend to the joint. Concrete openings
shall be saw cut, and the mix shall be high early, New York State
Specifications Class F, latest revision.
(2)
Asphalt. The trench shall be compacted to within four
inches of the road surface. The existing asphalt surface shall then
be cut back at least 12 inches on either side of the undisturbed subgrade.
At the discretion of the Superintendent of Public Works, the contact
surfaces, the patched surface and/or adjacent edges shall be painted
and sealed with approved bituminous material before or after placing
the course of asphalt, which shall be four inches of New York State
Specification 6F hot plant mix. This course shall be rolled with an
eight-to-ten-ton roller and surface variations in excess of 1/4 inch
shall be eliminated or the pavement re-laid. In the event that the
trench work shall be longer then 20 linear feet, an additional overlay
from curb to curb with a minimum of 1 1/2 inches shall be required.
(3)
If temporary patching is not accomplished, final pavement
must be completed within 20 days of opening. If temporary patching
is accomplished as specified, then final pavement replacing must be
completed within 30 days of temporary patching or within such additional
time as may be authorized by the Superintendent of Public Works, at
his discretion, upon application.
H.
Shoulder areas.
(1)
If the trench work is in the earthen shoulder of the roadway, then proper compaction as outlined in Subsection F above will apply, with the addition of a covering of sod or grass seeding as specified by the Superintendent of Public Works.
(2)
No trees may be cut or trimmed, either above or below
the ground without permission being received by the Superintendent
of Public Works. The applicant agrees herewith to pay for or replace
any trees damaged with permission and as directed by the Superintendent
of Public Works.
I.
Traffic control.
(1)
Maintenance and protection of traffic. Traffic is
to be maintained at all times during the progress of this work. Adequate
signs, barricades and lights, necessary to protect the public, shall
be provided in accordance with the provisions of the New York State
Manual of Uniform Traffic Control Devices. Flagmen to direct traffic
shall be employed continuously during periods when only one-way traffic
shall be maintained or when equipment is operated in the pavement
area.
(2)
No construction material or equipment shall be left
on the pavement after working hours, nor shall any construction equipment
or materials be placed in any manner or location that will obstruct
roadway or railway warning signs.
(3)
Barricades, whether sidewalk or roadway area, shall
be prominently displayed. For police convenience, the address and
telephone number of twenty-four-hour availability of someone who will
reestablish the same in an emergency shall be filed with the Village
Police Department.
(4)
Access to adjacent properties shall be maintained.
J.
Notification. The applicant will be responsible to
notify the Superintendent of Public Works 48 hours prior to street
opening and closing.
K.
Expiration date. The permit shall expire one year
from the date of issue of the permit, unless a different expiration
date has been specified by the Superintendent of Public Works.
The applicant shall notify the Superintendent
of Public Works when work has been completed, after which an inspection
will be made by the Superintendent of Public Works or his duly authorized
agent, and upon approval of the work, a release will be granted to
the applicant. Until the granting of such a release, the applicant
shall remain liable for proper guarding and protection as provided
herein.
The Superintendent of Public Works, upon a finding
that the issuance of a permit was illegal or unauthorized or that
the applicant has failed to comply with any of the terms and conditions
of the permit, may revoke the permit, and the applicant shall thereupon,
with all reasonable speed, forthwith restore the roadway to its former
condition.
The person to whom such permit is issued shall
be responsible for all damages caused to public utilities and shall,
under the supervision of the Superintendent of Public Works, replace
any cracked or damaged sewer pipe or public utility pipes, lines,
mains or property and repair or replace damaged ditches, curbs, sidewalks
or other improvements so that they shall be in the same or better
condition after the excavation as before the excavation.
[Amended 8-13-2020 by L.L. No. 7-2020]
Upon special application made to it by any applicant for a permit required under this article and for good cause shown, the Village Board may, in its discretion, waive any of the provisions set forth in § 95-30 or 95-31 and accept such other indemnification documents as it deems necessary or appropriate under the circumstances.
