[HISTORY: Adopted by the Town Board of the
Town of Islip 1-7-1969. Amendments noted where
applicable.]
This ordinance shall be known and may be cited
as the "Street Opening Ordinance of the Town of Islip."
A.
For the purposes of the ordinance, the following terms,
phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include
the singular number and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
B.
APPLICANT
COMMISSIONER OF PUBLIC WORKS
EXCAVATION
PERSON
STREET
TOWN
TOWN BOARD or BOARD
As used in this ordinance, the following terms shall
have the meanings indicated:
Any person making written application to the Commissioner
of Public Works for an excavation permit hereunder.
[Amended 8-18-1981]
The Town Commissioner of Public Works of the Town of Islip
and the Town Superintendent of Highways of the Town of Islip.
[Added 8-18-1981]
Any cavity, hole or hollow formed by digging, cutting, scooping,
breaking, bulleting, vibrating, tunneling or undermining or any other
method of removal or disturbance of earthen or road material in or
under any street, as defined herein.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any street, highway, sidewalk, alley, avenue or other public
way or public grounds in the Town of Islip outside of any incorporated
Village.[1]
The Town of Islip.
The Town Board of the Town of Islip.
[1]
Editor's Note: The definition of “Superintendent
of Highways,” which immediately followed this definition, was
repealed 8-18-1981.
[Amended 8-18-1981]
No person, firm or corporation, including public
service companies and transportation corporations as defined in Article
1 of the Transportation Corporations Law, which, for the purpose of
this ordinance, are deemed such as the New York Telephone Company,
the Long Island Lighting Company, Suffolk County Water Authority,
private and municipally owned water companies, community antenna television
companies and municipal districts, shall make any excavation in any
Town street, highway or sidewalk in the Town of Islip for any purpose
without first obtaining a permit therefor from the Commissioner of
the Town of Islip as hereinafter provided.
A.
Application in writing shall be filed in duplicate
with the Commissioner upon application blanks which he shall prescribe,
which application shall state the nature, location, extent and purpose
of the proposed excavation.
[Amended 8-18-1981]
B.
Application by public service companies, excluding
municipal districts, must be accompanied by a general undertaking
in such form as may be approved by the Town Board. The said general
undertaking is tendered to assure that after completing the excavation
the said applicant leaves the street, highway or sidewalk, pavement,
curb or gutter in the same condition as it was prior to the excavation.
C.
Applications by applicants other than public service
companies or municipal districts must be accompanied by a general
undertaking in such form as shall be approved by the Town Board; in
lieu thereof, by a cash deposit, the amount of which shall be determined
by the Commissioner and shall be based upon the estimated cost of
repairing the damage, and which sum is to be deposited with the Comptroller
of the Town of Islip to assure that after completing the excavation
the said applicant leaves the street, highway or sidewalk, pavement,
curb or gutter in the same condition as it was prior to the excavation.
In the event that the applicant fails to repair or replace such pavement,
sidewalk, curb or gutter within the time provided in the permit and
the applicant has deposited cash in lieu of an undertaking, the Commissioner
will assess the damage and report same to the Town Board. The Town
Board may thereafter order the Town Comptroller to pay to the Commissioner,
out of the moneys deposited, a sufficient sum of money to repair or
replace the said street, highway or sidewalk, pavement, curb or gutter.
In the alternative, the Commissioner may contract with the applicant
for the Department to complete the pavement, sidewalk, curb or gutter
for a mutually agreed upon sum. Upon the completion of the said excavation,
where the applicant has deposited cash in lieu of an undertaking the
moneys deposited hereunder are to be returned to the applicant, provided
that all or part have not been expended pursuant to the subsection
herein.
[Amended 8-18-1981]
D.
Upon compliance with the foregoing requirements, a
permit shall be issued in the name of the Commissioner.
[Amended 8-18-1981]
[Amended 8-18-1981; 11–27–2007]
The permit fee of $100 shall accompany each
application submitted in accordance with this ordinance.
[Amended 8-18-1981]
The applicant shall file with the Commissioner
a general liability policy or certificate of insurance naming the
Town of Islip as an additional insured at the same time he files his
application for a permit. The Town Attorney shall approve the policy
for form. The policy shall insure the Town of Islip and the applicant
and shall cover all operations relative to the excavation and reconstruction
thereto. Said policy shall have limits of liability of $250,000 for
bodily injury to each person and $500,000 liability in the aggregate
for each accident and property damage liability of $5,000 for each
accident and $25,000 aggregate property damage liability.
[Amended 8-18-1981]
The Commissioner shall require any person making
a highway excavation pursuant to permit granted hereunto to give 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 to the Commissioner and each
affected utility.
[Amended 8-18-1981]
Any person making an excavation covered by this
ordinance 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 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 Commissioner 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, unless extension of this period is approved
by the Department of Public Works.
[Amended 8-18-1981]
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 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 representative of the Department
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 Department of Public Works and may be granted by the Commissioner
upon such conditions as he deems necessary and proper under the circumstances.
[Amended 8-18-1981]
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 then trench will 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.
[Amended 8-18-1981]
(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-by-ten-foot replacement is within five feet
of a joint, the replacement must extend to the joint. Concrete openings
shall be saw cuts, and the mix shall be high early, New York State
Specification Class F, latest revision.
(2)
Asphalt. The trench will 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 Commissioner, the contact surfaces, the patched
surfaces 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 replacing must be
completed within 30 days of temporary patching or within such additional
time as may be authorized by the Commissioner at his discretion upon
application.
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 Department of Public Works.
[Amended 8-18-1981]
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 back and forth across
the pavement area.
[Amended 8-18-1981]
(2)
No construction materials 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
have prominently displayed for police convenience the address and
telephone number of twenty-four-hour availability of someone who will
reestablish same in an emergency.
(4)
Access to adjacent properties shall be maintained.
I.
Notification. The applicant will be responsible to
notify the Department 24 hours prior to street opening and closing.
[Amended 11-17-1981]
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 Department of Public Works.
[Added 11-17-1981]
[Amended 11-17-1981]
The applicant shall notify the Commissioner
when work has been completed, after which an inspection will be made
by the Commissioner 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.
A.
Any person, firm or corporation violating any provisions
of this ordinance shall be guilty of an offense and, upon conviction
thereof, shall be fined not more than $250 or shall be imprisoned
not less than 15 days, or shall be both so fined and imprisoned. Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable hereunder.
B.
The application of the above penalty shall not be
held to prevent the enforced removal of the prohibited conditions.
If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed to be a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions
thereof.
This ordinance shall take effect immediately.
