[Adopted 7-16-1985 by L.L. No. 10-1985]
This article shall be known and may be cited
as the "Highway Excavation Law of the Town of Southold."
For the purpose of this article only, certain
words and terms used herein are defined as follows:
All or any portion of any highway, street, sidewalk, public
place or right-of-way owned and/or controlled by the Town of Southold,
exclusive, however, of that portion of any highway, street, sidewalk,
public place or right-of-way situate within the territorial limits
of the Village of Greenport and exclusive of that portion of any highway,
street, sidewalk, public place or right-of-way owned and/or controlled
by the County of Suffolk or the State of New York.
Any natural person, firm, partnership, association, corporation,
company or other organization.
The Highway Superintendent of the Town of Southold, New York.
The Town of Southold.
The Town Board of the Town of Southold.
[Amended 7-18-2023 by L.L. No. 15-2023]
A.
No person, firm or corporation, public service, water,
light or power authority shall make any curb cuts, road openings or
excavate in any street, highway or sidewalk in the Town for any purpose,
nor remove from or deposit any material on any highway or intentionally
injure any highway or cause to be dug or made any hole or excavation
in or under a highway or cause to be erected thereon or therein any
object, without first obtaining a permit from the Superintendent of
Highways as hereinafter provided.
B.
Upon application, in writing, filed with the Superintendent
of Highways, stating the purpose, extent, location and nature of proposed
curb cuts, road openings or excavations or other disturbance of a
street or highway in the Town, the Town Superintendent of Highways
may grant or refuse a permit therefor.
C.
If the application for a permit is denied, the Highway
Superintendent shall send the applicant written notification of the
denial and shall state the reason for denial.
D.
No permit shall be issued for an opening on any roadway
which has been resurfaced, reconstructed or newly constructed by the
Town of Southold during a period of five calendar years previous to
the application date, except for permits for emergency openings. The
prohibitions stated in this subsection shall not apply to applications
to install new gas connections to residential properties. In such
an instance, remedial measures that include full-width mill and fill
work and resurfacing of the area of the disturbance and the adjacent
20 feet surrounding said disturbance.
E.
Except in cases of a demonstrated emergency, no road
openings shall be made, and no applications for road opening permits
may be filed with the Superintendent of Highways, between the period
of December 1 through March 31 of each calendar year.
[Amended 2-14-2012 by L.L. No. 3-2012; 7-18-2023 by L.L. No. 15-2023]
Any person desiring a permit shall make application
to the Superintendent, upon forms to be provided by him, which application
shall set forth the following:
A.
The name and address of the applicant and precise
location of the proposed work, including street address and Suffolk
County Tax Map number of the affected parcel(s).
B.
A reasonably adequate description of the proposed
work and the reason therefor.
C.
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 highway restored to its previous condition as nearly
as may be feasible.
D.
A time schedule showing when various portions of the
work will be done.
E.
A reference to the legal authority of the applicant
to perform the proposed work in the public highway.
F.
An estimate of the cost of the proposed work, including
such detail as may be specified by the Superintendent.
H.
Such other information as the Superintendent shall
deem pertinent to effectuate the purposes of this article.
[Amended 12-28-2004 by L.L. No. 27-2004]
No permit shall be issued until the applicant
shall have filed with the Superintendent evidence that the Town has
been named as a primary insured under an insurance policy extending
coverage for any losses, including bodily, property or commercial
injury caused 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 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.
A.
No permit shall be issued to any applicant until the
applicant has posted with the Superintendent a surety bond or certified
check in such amount the Superintendent may determine necessary to
cover the probable expense to the Town of replacement by the Town
of any highway to its former condition and to guarantee the performance
by the applicant of any of the conditions contained in the permit
and compliance with this article.
B.
The above bond requirements shall include provision
or maintenance by way of a maintenance bond, which bond shall have
a duration of two years from the date of completion of the work under
the permit, in case of all excavations with a depth of 18 inches or
less, and a duration of three years from the date of the completion
of the work under the permit for all excavations with a depth greater
than 18 inches.
[Amended 12-28-2004 by L.L. No. 27-2004]
Each application for a permit hereunder shall
be accompanied by a fee, to be paid to the Town Clerk of the Town
of Southold. Application fees and fees for permits issued pursuant
to this article shall be set by Town Board resolution, and shall be
paid to the Town Clerk prior to the issuance of the permit.
The Superintendent shall require any person
making a highway excavation pursuant to permit granted hereunto to
give written notice of such excavation to public service companies
or municipal districts 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.
[Amended 7-18-2023 by L.L. No. 15-2023]
A.
Any person
making an excavation pursuant to this article shall erect a suitable
barrier, guard and/or traffic bearing plates, aka "road plates," 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 retroreflective barricades to properly illuminate
or delineate the work area and shall also take all necessary precautions
for the protection of the Town and of public service companies or
municipal districts 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 with
respect to such barriers, lights, flares and protective measures.
The barriers and lighting devices shall conform to the specifications
set forth in the United States Department of Transportation Manual
on Uniform Traffic Control Devices, and any amendments thereto. The
road opening or excavation shall be lit continuously from twilight
to dawn. A minimum of four flashers must be used at the construction
site or along the right-of-way as required by the Highway Superintendent.
B.
The permittee
shall notify the Southold Police Department of the condition of the
unfinished road opening or excavation and furnish the Police Department
with contact information. Any road opening or excavation work shall
be performed and conducted so as not to interfere with access to fire
stations and fire hydrants. Materials or obstructions shall not be
placed within 50 feet of the fire hydrants and connections. Passageways
leading to fire escapes or firefighting equipment shall be kept free
of piles of material or other obstructions.
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.
Construction.
(1)
When working on any Town 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 Town road, contractors must complete final backfilling (see Subsection E hereof) of any trench within 18 days from the day of opening.
(3)
All pipes or mains crossing highway pavements shall,
wherever 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 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 and may
be granted upon such conditions as deemed necessary and proper under
the circumstances.
C.
Excavations; method and type of opening.
D.
Restoration of excavation; temporary patching. Upon
completion of the final backfilling, if final pavement replacing is
not to be accomplished within 20 days from 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.
E.
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.
F.
Final pavement replacing.
(1)
Concrete. Minimum size replacements in concrete or
asphalt on concrete base shall be 10 feet by 10 feet, or as directed.
In all cases, if the ten-foot-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, the contact surfaces, the
patched surface and/or adjacent pavement edges shall be painted and
sealed with approved bituminous and/or bluestone 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 relaid.
(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 must be completed
within 30 days of temporary patching or within such additional time
as may be authorized by the Superintendent, at his discretion, upon
application.
[Amended 7-18-2023 by L.L. No. 15-2023]
G.
Shoulder areas. If the trenchwork is in the earthen shoulder of the roadway, then proper compaction as outlined in Subsection E above will apply, with the addition of a covering of sod or grass seeding as specified by the superintendent.
H.
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
highway or railroad 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 Town Police Department.
(4)
Access to adjacent properties shall be maintained.
I.
Notification. Upon the issuance of a road opening
permit, the applicant shall provide a forty-eight-hour written notice
to the Highway Superintendent, or his duly authorized representative,
prior to making any road openings, except in cases of emergency as
provided for herein. No openings shall be commenced on a Saturday,
Sunday or a holiday unless in cases of emergency.
[Amended 7-18-2023 by L.L. No. 15-2023]
J.
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.
K.
Driveway
and curb cut specifications for residential (noncommercial) use. Each
curb cut and driveway for noncommercial use constructed under a permit
issued pursuant to this chapter shall be constructed in accordance
with the following specifications:
[Added 7-18-2023 by L.L. No. 15-2023]
(1)
Curb
cuts for dwellings shall be no greater than 10 feet for one-car access
at the curbline.
(2)
Curb
cuts for dwellings shall be no greater than 18 feet for two-car access
at the curbline.
(3)
For
corner properties, the minimum distance permitted between any curb
cut and the property line forming the adjoining street extended to
the curbline shall be 30 feet.
(4)
A
minimum distance of 10 feet from side property lines shall be maintained
when measured from the expansion joint.
(5)
Curb
cuts shall be at least 10 feet from the nearest utility pole, storm
drain and fire hydrant/Fire Department connection.
(6)
Curb
cuts shall have a reveal of no less than 3/4 inch.
(7)
Driveway
aprons adjacent to concrete sidewalks shall be made of concrete. Residential
driveway aprons and adjacent concrete sidewalk shall be reinforced
and be six inches thick. An empty one-inch schedule PVC electrical
conduit may be required by the Highway Department to be provided below
the apron. Driveway aprons utilizing decorative materials installed
adjacent to an asphalt roadway shall not be installed closer than
three feet to the edge of the asphalt road surface.
(8)
Curb
cuts and driveway aprons may be made of asphalt or other alternative
material and shall delineate between the driveway apron and the street.
Curb cuts made of anything other than concrete or asphalt require
a declaration of waiver and release of claims against, and indemnification
of, the Town of Southold.
L.
Driveway
and curb cut specifications for commercial use. Each curb cut and
driveway for commercial use constructed under a permit issued pursuant
to this chapter shall be constructed in accordance with the following
specifications:
[Added 7-18-2023 by L.L. No. 15-2023]
(1)
Curb
cuts for commercial use shall be not greater than 25 feet at the curbline.
However, should the applicant prove a requirement of greater width
in order to accommodate larger vehicles, consideration for such greater
width may be given.
(2)
For
corner property, the minimum distance permitted between any commercial-use
curb cut and the property line forming the adjoining street extended
to the curbline shall be 40 feet.
(3)
A
minimum distance of 15 feet from side property lines shall be maintained
at the curbline for all commercial-use curb cuts when measured from
the expansion joint.
(4)
Commercial
driveway aprons and adjacent concrete sidewalk shall be reinforced
and be eight inches thick. An empty one-inch schedule PVC electrical
conduit may be required by the Highway Department to be provided below
the apron.
(5)
Commercial-use
curb cuts may be supplemented by additional commercial-use curb cuts,
provided that all such curb cuts are not less than 25 feet, one from
the other, at the curbline, and the application otherwise meets all
requirements herein.
(6)
Curb
cuts shall be at least 10 feet from the nearest utility pole, storm
drain and fire hydrant/Fire Department connection.
(7)
Curb
cuts shall have a reveal of no less than 3/4 inch.
M.
Circular
driveway guidelines. To comply with the Southold Highway Department's
guidelines, the following are the requirements necessary in order
to obtain permission to obtain road opening permits to install a circular
driveway:
[Added 7-18-2023 by L.L. No. 15-2023]
(1)
A
minimum property frontage measurement of 100 feet is required.
(2)
Upon
application for a permit, the Highway Department may allow for a circular
driveway, the width of the curb cut and driveway radius to be determined
by the Highway Superintendent.
(3)
Curb
cut openings must remain at least 10 feet from each side property
line.
(4)
Curb
cut openings must remain at least 10 feet from any existing trees,
light posts or fire hydrants, utility poles, storm drains and fire
hydrant/Fire Department connections.
[Amended 7-18-2023 by L.L. No. 15-2023]
The applicant shall notify the Superintendent
when work has been completed, after which an inspection will be made
by the Superintendent 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. Each application
shall authorize the Highway Superintendent to complete the repair,
construction or reconstruction whenever the Superintendent finds reasonable
cause to conclude that the applicant failed, refused or neglected
to complete such repair, construction or reconstruction. The Town
shall be reimbursed for the cost of such repair, construction or reconstruction
from the applicant or through the assessment against and collection
from the lots or parcels of land where such work was performed or
services rendered for so much of the actual and complete costs as
incurred upon and from each lot or lots.
The Superintendent, 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
or of this article, may revoke the permit, and the applicant shall
thereupon, with all reasonable speed, forthwith restore the highway
to its former condition.
[Amended 7-18-2023 by L.L. No. 15-2023]
The person to whom such permit is issued shall
be responsible for all damages caused to public utilities. Said permittee
shall hold the Town of Southold and its officers harmless against
any and all claims, judgments or other costs arising out of the work
conducted or for which the Town of Southold or any Town officer may
be made liable by reason of any damage or injury to person or property
through the fault of the permittee. The permittee shall restore and
place in good and safe condition, as nearly as it can be to its original
condition and to the satisfaction of the Superintendent of Highways,
all openings and excavations made in the streets and to maintain any
street where an excavation is made in a condition as good as before
said work shall have been done, for the period of 12 months after
said work shall have been done, usual wear and tear excepted. Any
settling of the surface within said one-year period shall be deemed
conclusive evidence of defective backfilling by the permittee.
[Amended 12-28-2004 by L.L. No. 27-2004]
A.
Any person who shall violate any of the provisions
of this article or shall fail to comply with any condition imposed
by the permit or shall fail to comply with any lawful order of the
Superintendent or to discharge any duty imposed by this article shall,
upon conviction, be deemed to have committed an offense against this
article and shall be punished by a fine not exceeding $1,000. Each
day any such violation shall continue shall constitute a separate
and distinct offense.
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town, in a court of competent jurisdiction, for any and all
civil remedies available at law, including injunctive relief and monetary
sanctions for any violation of this article.
[Amended 12-28-2004 by L.L. No. 27-2004]
Upon special application made to it by any applicant for a permit required under this article and for good cause shown, the Town Board may, in its discretion, waive any of the provisions set forth under § 237-9 insofar as it may accept such other indemnification documents as it deems appropriate under the circumstances.
