[Adopted 8-14-2000 by L.L. No. 6-2000[1]]
[1]
Editor's Note: This local law superseded former
Art. I, Street Excavations, adopted 7-27-1970, as amended.
Town highways and the rights-of-way associated
with them represent substantial assets of the Town of DeWitt. The
Town Board is the trustee for these public thoroughfares, and the
Town Board recognizes its obligation to protect the public health,
safety and welfare of its residents by insisting that any work performed
in these highways be performed in a totally professional manner, with
the work being completed as safely and expeditiously as possible.
In order to attain this goal, the Town Board finds that it is necessary
to enact a local law requiring those performing work in Town highways
to obtain permits from the Town so that the Town can adequately monitor
the work performed and ensure that it is performed with as least disruption
to the public as possible, in as safe a manner as possible and returned
to the way it was before the construction began. Because the Town
incurs significant expense in terms of administration, legal, engineering,
police and Highway Department supervision and review of the projects,
a fee schedule has been established to make sure that the Town is
adequately compensated for its costs that are associated with issuing
permits and supervising said construction.
For the purposes of this article, the following
words, phrases and terms 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 used in the plural number
include the singular, words used in the singular number include the
plural, and words in the masculine include the feminine. The word
"shall" is always mandatory and not merely directory.
The Highway Superintendent of the Town of DeWitt.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Town of DeWitt.
The Board of the Town of DeWitt.
The Comptroller of the Town of DeWitt.
All the land located within the boundary lines of any property
owned or maintained by the Town for highway purposes, irrespective
of whether such property has been formally conveyed or dedicated to
the Town, offered for dedication but not yet accepted or laid out
by the Highway Superintendent as a highway-by-user or pursuant to
statute. The term "highway" includes a street, avenue, road, square,
place, alley, lane, boulevard, concourse, parkway, driveway, overpass
and underpass and also includes all items appurtenant thereto, including
but not limited to bridges, culverts, ditches, shoulders and sidewalks.
A.
Special permit. No person shall excavate in, under,
over or through a Town highway or perform any construction within
or otherwise interfere with a Town highway without first obtaining
a permit for such work from the Highway Superintendent. Any such work
performed shall fully comply with all conditions under which said
permit is granted.
B.
Annual Permit. An applicant may apply for an annual
permit for minor work of the recurrent nature performed within the
right-of-way of the Town of DeWitt which does not disturb the pavement.
Such work shall include the setting of new poles, repairing or replacing
services, work on hydrants, valves, etc. The Highway Superintendent's
determination on whether a project shall fall under an annual permit
or under a special permit shall be final.
All applicants for permits shall give at least
one week's notice, in writing, to the Highway Superintendent, specifying
the place, kind and approximate size of the excavation or work and
the time required to do the work, except in cases of emergency, such
as the breaking of a public utility, in which case such notice shall
be given to said Highway Superintendent as soon as possible and the
applicant shall give prompt notice of the completion of its work to
the Highway Superintendent.
This article shall not apply to the following:
A.
The permittee shall be responsible for all damages
resulting in bodily injury, including death, and/or property damage
liability due to the installation, maintenance, use or existence of
any facility of the permittee, or which arises out of the activities
of the permittee, its contractors, subcontractors of either or both,
agents or employees, in connection with any act or omission hereunder,
and the permittee does hereby expressly agree to indemnify and save
harmless the Town of DeWitt and/or the Highway Superintendent of the
Town of DeWitt, and his representatives and employees, from any claims,
suits, actions, damages and costs of every name and nature and description,
arising out of or resulting from any act or omission hereunder of
either the permittee or the Town of DeWitt and its agents and employees,
and the permittee does hereby further expressly agree to pay any damages
because of injury to or destruction of part or all of any Town Highway
owned and maintained by the Town of DeWitt, or which may be caused,
directly or indirectly by any occurrence and arising out of the existence,
maintenance or use of any facility or the matter and contents thereof
as such facility, matter and contents are authorized for the installation,
connection, maintenance, transportation or transmission on and across
any Town highway.
B.
The permittee shall obtain a protective liability
insurance policy issued to and covering the liability of the Town
of DeWitt, Highway Department and/or the Highway Superintendent, with
respect to all operations under this permit by the permittee or by
anyone acting by, through or for the permittee, including omission
and supervisory acts of the Town of DeWitt. The limit of liability
in such policy shall be not less than $1,000,000 for all damages arising
out of bodily injury (including death) and property damage. Such policy
shall state that it will not be changed or canceled until 30 days
written notice has been given to the Highway Superintendent or his
representative. Unless expressly waived, in writing, by the Highway
Superintendent, or his representative, the permittee shall furnish
with the application filed, in order to obtain this permit, a certificate
of insurance verifying the amounts of protective liability insurance.
C.
The enumeration in this permit of this kind and amount
of insurance shall not abridge, diminish or affect the permittee's
legal responsibility for the consequences of accidents arising out
of or resulting from the operations of the permittee under this permit.
A.
Any cash undertaking or a certified check deposited
with the Comptroller of the Town of DeWitt at the time of the issuance
of this permit shall be deemed to include and be used as security
so that the highway, or any part thereof, will be restored to its
original condition where disturbed at the expense of the permittee,
and as soon as the work has been completed, and the Highway Superintendent
or his representative is hereby authorized to expend all or as much
of such deposit as may be necessary for that purpose should the permittee
neglect or refuse to perform the work.
B.
The permittee shall be responsible for any and all
claims and damages arising out of operations by this permit which
may result because of any dangerous conditions created by the existence
of any debris or obstruction left on the pavement or roadside during
the progress of the work which may be either within the highway, right-of-way
or on adjacent property. Should the Highway Superintendent or his
representative discover any hazardous condition so created, he may
issue verbal instructions or written notice to the permittee to eliminate
the cause. In the event that the permittee fails to take immediate
action to remove such hazardous condition, the Highway Superintendent
reserves the right to take such action as he may deem necessary to
safeguard the public. All cost resulting therefrom shall be paid by
the permittee and shall be deducted from any deposit on file or any
surety given by the permittee. In the event that the expenses exceed
the amount of any surety bond or deposit, the permittee shall promptly
pay the balance due.
C.
Before any permit is granted, the applicant shall
make a payment to the Town Comptroller in the following amounts; the
Town Board may change the fee schedule in this section by resolution.
[Amended 6-26-2006 by L.L. No. 3-2006]
(1)
Overhead work: $250.
(2)
Perpendicular underground crossing: $250.
(3)
Parallel underground installation: $1/foot of pipe
or cable with a minimum charge of $250. This payment is a fee to cover
the Town's cost of reviewing utility locations in the area of the
proposed permit, for cost of inspecting the highway during construction
and for inspecting the completed restoration work for conformance
to Town standards and is not returnable to the applicant. When a utility
company is installing more than one pipe or cable in the same trench,
the fee shall be based on the trench footage. When another utility
company uses the same trench, the cost shall be $0.50/foot of trench.
Directional drilled or bored work shall be treated the same as open
excavation.
(4)
Annual permit: $1,000.
D.
In addition to the above fee, the applicant shall
also be required to deposit with the Highway Superintendent amounts
in accordance with the following schedule unless adequate security
has been previously provided pursuant to a franchise agreement, subject
to the approval of the Town Attorney.
(1)
For each perpendicular crossing, the sum of $1,000
to guarantee the restoration of the road and adjoining areas to Town
standards.
(2)
For parallel installations, the sum of $20 per lineal
foot of excavation with a minimum of $1,000 to guarantee the restoration
of the road and adjoining areas to Town standards.
E.
The above deposit shall be required to insure compliance
with the regulations contained in this article and should be returned
to the applicant, less any extraordinary Town expenses in connection
therewith, after he has restored the pavements removed or damaged
by the excavation in accordance with all of the regulations contained
herein.
G.
Any additional expenses incurred by the Town for engineering,
legal, survey or any other charge shall be paid by the applicant.
The Town shall bill the applicant, and the applicant shall remit payment
within 30 days.
H.
If any of the plans, diagrams or drawings are not
to the reasonable satisfaction of the Town Engineer and Town Attorney,
the Town reserves the right to properly correct them and require the
contractor to pay for this added expense.
[Amended 6-10-2013 by L.L. No. 3-2013]
The applicant shall comply with the following rules and regulations.
A.
Work authorized by this permit shall be commenced within 30 days
from the date of permit and shall be performed in a workmanlike and
expeditious manner without unreasonable delay or interference with
public travel. The permittee shall provide all necessary and suitable
safeguards so as to reduce to an absolute minimum any dangerous condition
hazardous to life, limb or property.
B.
The permittee shall submit, with the application filed in order to
obtain a permit to said Highway Superintendent, or his representative,
a detailed plan of any structure to be built, if any, with a description
of the proposed method of construction before any work hereunder is
started.
C.
Traffic shall be maintained and flagmen provided by the applicant
and/or permittee during the period of time the work is in progress
and until its final completion. The applicant and/or permittee assume
full responsibility for all traffic control and are required to place
adequate warning signs at least 300 feet on each side of the work
site.
D.
The permittee expressly agrees that the rights of abutting property
owners in fee to the center line of the Highway shall not be encroached
upon, and that any pipes, cables, wires, infrastructure and appurtenances
which are laid under this permit shall be placed at least four feet
below, and in such a manner as in no way to interfere with, the pavement,
shoulders or drainage ditches of the Highway or any Town utility.
Upon the completion of the work, the highway shall be left in as good
condition as before the work was performed and to the complete satisfaction
of the Highway Superintendent.
E.
The applicant and permittee agree to keep in good repair all pipes,
cables, wires, infrastructure and appurtenances which may be placed
within the bounds of the highway under the terms of this permit, and
agrees to save the Town harmless from any and all damages which may
accrue by reason of and location in the highway whether due to the
negligence of said permittee or the negligence of the Town of DeWitt,
its agents, servants and employees, and upon notice from the Highway
Superintendent, said permittee agrees to make any and all repairs
required for the protection and preservation of the highway; and said
applicant and permittee further agrees that upon the failure of said
applicant, and/or permittee to make such repairs, they may be made
by the Highway Superintendent at the sole expense of the applicant
and such expense shall be a prior lien upon the land benefited by
and from the use of the highway for such pipes, cables, wires, infrastructure
and appurtenances. It is further agreed by the applicant and permittee
that any injury or disturbance of the paved portion of the highway,
its shoulders or drainage facilities which may occur hereafter by
reason of the laying of any pipes, cables, wires, infrastructure and
their appurtenances, shall be repaired and at the expense of the applicant
and permittee and to the complete satisfaction of the Highway Superintendent.
F.
If the road upon which this permit is issued is at any time repaired,
improved or reconstructed by the state, county or Town, the applicant,
permittee or any successor in interest to said applicant and permittee
shall, upon the written request of the Highway Superintendent, before
its improvement, at the applicant and permittee's own expense,
remove any pipes, cables, wires, infrastructure and appurtenances
which may have been placed under this permit and will relay the same
in conformity with the directions of the engineer in charge of such
improvement and in accordance with any rules and regulations as may
be laid down at the time of said improvement.
G.
This permit shall not be effective regarding any highway, street,
avenue or bridge over which the Town of DeWitt has no jurisdiction.
H.
Before discharging explosives in the ground or excavations where
gas lines may be located, the permittee must notify at least 72 hours
in advance, the entity distributing gas in that area.
I.
Written permission to close a road to traffic must first be secured
from the Highway Superintendent and the DeWitt Police Department,
and such permission shall only be valid for the time specified. Such
written approval may require the permittee to give notification of
such closing to various public agencies and to the general public.
J.
All openings shall be covered or filled overnight unless permission
is obtained from the Highway Superintendent and the opening is adequately
protected. The applicant shall open no greater part of such road than
shall be reasonably necessary.
K.
Any road, when opened and excavated, shall be promptly backfilled
and restored.
L.
Where multiple openings are made, the applicant shall resurface with
one strip to prevent a washboard effect.
M.
Installations shall be in sidewalk areas where possible, and all
conduits shall be placed by boring, or directional drilling jacking
wherever feasible.
N.
All valve installations in paved areas shall be placed in concrete
to prevent movement.
O.
If utility companies make said openings, said utility company inspectors
shall cooperate with the Highway Superintendent to see that said openings
are kept in repair.
P.
Any other requirement deemed necessary by the Highway Superintendent
for the particular situation. These conditions may include, but are
not limited to the following:
(1)
A time limit on the permit.
(2)
Notification to property owners in the affected area.
(3)
Driveway cuts limited to 8:00 a.m. to 4:00 p.m., with a maximum time
a driveway can be closed to two hours.
(4)
At least 10 days before the commencement of work, the permittee shall
submit a maintenance and protection of traffic (M&PT) plan to
the Highway Superintendent for his review and approval. The M&PT
plan shall be modified during construction as necessary upon the request
of the Highway Superintendent.
(5)
No utility should be installed closer than five feet to any water
and sanitary sewer facility without the express written approval of
the Town Engineer.
(6)
A videotape of the construction area to document the preconstruction
conditions of the work area.
(7)
An "as built" drawing will be prepared by a licensed land surveyor
or a licensed engineer to be provided to the Town in an appropriate
format.
(8)
Increased insurance coverage.
The Highway Superintendent, or his duly authorized
representative, reserves the right to revoke or annul this permit
at any time without the necessity of a hearing or showing cause.
The backfilling and pavement restoration of
openings made under the jurisdiction of this article shall comply
with the following regulations and specifications:
A.
Unpaved roads. The applicant shall restore the surface
to as good a condition as existed prior to the excavation by replacing
as much of the material excavated, if suitable, as is necessary in
accordance with standards set by the Highway Superintendent. If the
backfill material, in the opinion of said Highway Superintendent,
is unsuitable, the applicant may be required to use run-of-crusher
limestone. No backfill shall contain stone larger than six inches
in diameter, nor shall shale rock be used. Materials shall be placed
in the trench in uniform layers not to exceed 12 inches of thickness
and shall be compacted to obtain 95% of standard proctor density.
The surface of the backfill shall be maintained in first-class condition
as determined by the Highway Superintendent for a period of six months.
B.
Flexible-base pavements.
(1)
The trench shall be backfilled to within 18 inches
of the original surface with native material to obtain 95% of standard
proctor maximum density. If the specified compaction cannot be obtained
with native material, the trench shall be backfilled with run-of-crusher
limestone.
(2)
For temporary pavement replacement, the remainder
of the trench shall be filled to the original surface with run-of-crusher
limestone. All settlement shall immediately be filled with run-of-crusher
limestone.
(3)
The edges of the existing pavement shall be cut evenly
a minimum of one foot beyond the trench line or disturbed base, whichever
is greater.
(4)
To install permanent pavement, the top 4 inches of
run-of-crusher limestone shall be removed and 2 1/2 inches of compacted
binder course (NYSDOT Item 403.13) and 1 1/2 inches compacted top
course (NYSDOT Item 403.1901) shall be installed.
C.
Rigid-base (concrete) pavements. Rigid-base (concrete)
pavements shall be replaced on a case-by-case basis as directed by
the Highway Superintendent.
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
be responsible for all fees that were due under the fee schedule of
this chapter and be subject to a fine not exceeding $1,000 or imprisonment
for up to one year, or both. Each day a violation is permitted to
exist shall constitute a separate offense.
If any paragraph, section, sentence or portion
of a sentence of this article shall be found and determined to be
invalid, unlawful and/or unconstitutional, such determination shall
not invalidate or void any other paragraph, section, sentence or portion
thereof, and such other parts thereof shall remain in full force and
effect unless and until legally revoked, modified and/or amended.
This article shall take effect immediately upon
its filing with the Secretary of the State.
