[Amended 1-28-1985; 7-17-2023 by L.L. No. 4-2023]
A. Prior to the replacement of bituminous pavements,
the subgrade shall be properly prepared, using approved stable material,
and rolled and compacted in layers not to exceed four inches, to a
compaction of 95% of the Modified Proctor Test Density, and shall
have a subbase course of not less than six inches of three-fourths-inch-diameter stone
of New York State Item 4. Any settlement or defects found within one
year of the pavement restoration shall be repaired at the cost of
the permittee. Determination of the repair shall be at the discretion
of the Director of Public Works or his or her designee. The determination
of such a repair shall be based on a visual evaluation of the defect,
and may include complete removal of the new pavement, subbase and
subgrade.
B. All permanent pavement restoration shall be performed
to the limits shown on the "City of Peekskill - Minimum Pavement Restoration
Limits" diagram, as approved by the City of Peekskill Common Council,
and included in the "City of Peekskill - Technical Specifications
Concrete Sidewalk & Curb" specifications.
[Amended 1-28-1985; 6-24-2019 by L.L. No. 3-2019]
Any other surface disturbed by reason of the
work performed under the permit shall be restored by the permittee
to equal the original pavement disturbed, or as directed by the Director
of Public Works.
[Amended 7-17-2023 by L.L. No. 4-2023]
The Director may, in his discretion, cause any or all of the work contemplated in this article to be done by the City's own forces or by contract or otherwise, in which case, the City shall be reimbursed for any expense incurred thereby in accordance with the provisions of Article
I, §
505-3, of this Part
1, and the permittee shall have no claim against the City of loss of anticipated profits or for any other losses by reason thereof. The Director may also, in his or her discretion, enter into a mutually agreed upon Joint Paving Agreement, for the logistical and financial benefit of the City of Peekskill, whereby the City and the permittee enter into an agreement in which the City shall perform restoration repairs in the future, after which the permittee shall provide reimbursement to the City for all costs incurred. Logistical and financial benefits to the City may be based on future coordination of utility replacement in the particular roadway, the overall condition of the entire roadway and the next anticipated date of paving the roadway, and other benefits to the City.