[Adopted 5-18-2006 by L.L. No. 11-2006]
As used in this article, the following definitions
shall have the meanings given:
Any street, roadway or highway maintained by the Village
of Island Park.
Any individual, association, corporation, firm, partnership
or any other entity.
Shall include all land lying between the curbline of the
public highway and the building line of the premises abutting thereon
which has been surfaced or improved with concrete or other paving
material.
The incorporated area located within the geographical boundary
of the Village of Island Park.
The Village Clerk of the Village of Island Park or her/his
designated representative.
A person, public service, water, light or power
company and a person performing work on behalf of a municipal corporation
shall not excavate in any highway or sidewalk in the Village for any
purpose without first obtaining a permit from the Village Clerk, as
hereinafter provided.
A.
A written application shall be filed with the Village
Clerk, stating the purpose, extent, location and nature of a proposed
excavation or other disturbance of a highway or sidewalk in the Village,
except where an excavation or disturbance shall be directly authorized
by law. The Village Clerk shall require the applicant to post a performance
bond in the amount of $10,000, which shall initially be deemed to
be adequate to pay said expense upon the condition that the permittee
replace the highway or sidewalk, pavement, curb or gutter in proper
condition or pay all expenses to which the Village may be put to replace
the highway or sidewalk, pavement, curb or gutter in proper condition
within one month following the satisfactory completion of the project.
B.
Each applicant shall take out and maintain during
the terms of the permit, and until the site is restored to proper
condition, a public liability insurance policy with an insurance carrier
acceptable to the Village, and this policy shall insure the Village
of Island Park, its agents, servants and/or employees and the Village
Clerk with policy limits of not less than $5,000,000 per occurrence
and have at least a $10,000,000 aggregate. This insurance shall protect
for at least these policy limits against personal injuries, wrongful
death and property damage. The insurance shall provide that any employee
exclusion be voided. There shall also be provided in the insurance
policy, in the aforestated amounts, completed operation coverage which
shall continue after all work is completed. Such insurance policies
shall cover any liability which may arise from operations under the
permit, whether such operations are by the permittee or the Village
of Island Park, its agents, servants and/or employees and the Village
Clerk. Such insurance policies shall be issued in the name of the
Village of Island Park, its agents, servants and/or employees and
the Village Clerk. These policies must be filed with the Village Clerk
before any permits shall be issued.
[Amended 11-16-2017 by L.L. No. 16-2017[1]]
A.
Except as otherwise provided by law, or where permits
as above are granted for work done at the direction of the Village
Clerk, each application for such permit shall be accompanied by a
fee for each excavation as set from time to time by the Board of Trustees,
to be paid to the Village. The fee and permit herein required shall
be in addition to permits required for construction of any sidewalk,
curb cut, or driveway.
B.
A fee as set from time to time by the Board of Trustees
shall accompany each application when an excavation constituting a
continuous trench measures more than 25 feet. If a continuous trench
spans more than 100 feet, an additional fee as set from time to time
by the Board of Trustees will be required.
A.
Safety codes. The permittee, his agents and employees
shall strictly comply with all laws, rules and regulations, including:
(1)
United States Department of Labor, Bureau of Labor
Standards, Safety and Health Regulations for Construction, as promulgated
in accordance with the Occupational Safety and Health Act of 1970,
Public Law 91596:84 Stat. 1590, Laws of 91st Congress, 2nd Session;
and
(2)
Industrial Code Rules 23: State of New York, Department
of Labor, Bureau of Standards and Appeals, entitled "Protection of
Persons Employed in Construction and Demolition Work."
B.
Emergency opening. If it becomes necessary to enter
upon a Village highway for the purpose of making emergency repairs,
any person, public utility, municipality and/or municipal subdivision
may do so forthwith, provided that within 24 hours of the time of
making such openings (Saturdays, Sundays or holidays not included)
an application for a permit is made therefor pursuant to these rules
and regulations.
C.
Openings on newly constructed or resurfaced highways.
No excavation shall be permitted on any newly constructed or resurfaced
highway for a period of not less than five years. This subsection
does not include any excavation on the right-of-way abutting said
newly constructed or resurfaced highway or excavation for emergency
repairs. Should such an opening be required for emergency purposes,
the restoration plans must be reviewed and approved by the Village
Clerk.
D.
Notification.
(1)
The Village Clerk shall receive at least 72 hours'
advance written notice, except for emergency work, including a diagram,
engineering drawings or the equivalent thereof, of the proposed excavation
in any Village highway or sidewalk area.
(2)
Work must commence within 30 days from the date of
the permit and be satisfactorily restored within 90 days thereafter
unless otherwise extended, in writing, by the Village Clerk.
(3)
Residents of the project areas must be notified of
intentions to close off driveways by use of a form approved by the
Village Clerk. The permittee shall prepare the necessary number of
copies of said form on its own letterhead and distribute the same
to the homeowners at least 48 hours in advance.
The following work procedures and construction
practices shall be adhered to in order to assure proper maintenance
or traffic.
A.
In those areas where work performed by the permittee
interferes with vehicular or pedestrian traffic, the permittee shall
place and maintain traffic control devices pursuant to and consistent
with the requirements of the Vehicle and Traffic Law of the State
of New York, including §§ 1680 and 1682 of the Vehicle
and Traffic Law of the State of New York, which require that all traffic
control associated with maintenance, repair and construction within
the highway limits shall be carried out in accordance with standards
set forth in the New York State Manual of Uniform Traffic Control
Devices, latest edition. The Village Clerk reserves the right to order
the correction of any unsafe condition or the installation of additional
signs, lights, temporary pavement, plating or other traffic control
devices or to order the removal of any and/or all obstructions to
traffic.
B.
The permittee may be required to submit with the permit
application a traffic control plan showing all provisions for maintaining,
protecting and/or detouring of traffic. Such plan shall show, but
not be limited to, all signs locations, sizes, colors, barricades,
markings, etc., and all in accordance with the above referenced New
York State requirements.
C.
Whenever a traffic lane is closed or traffic is required
to use other than its normal lanes, the local police precinct, fire
district and school district must be notified in advance by the permittee
and/or those doing the work.
A.
All procedures and materials shall be in conformance
with the latest edition of the Nassau County Specifications for Construction
of Highways and Bridges and the Nassau County Traffic Signal Specifications
as prepared by the Nassau County Department of Public Works.
B.
Upon request by the Village Clerk, a schedule of operations
shall be submitted by the permittee.
C.
No Village highway shall be closed without prior written
notice to and approval of the Village Clerk.
D.
No trench area shall be left open after working hours.
E.
A space at least four feet wide shall be maintained
at all times on the side of the right-of-way for the safe use of pedestrians.
F.
Trench areas shall be kept open as short a time as
possible consistent with the installations involved.
G.
In no case shall sidewalks or pavements be removed
or broken unless all subsequent activities needed to complete the
permit work proceed without delay thereafter; where concrete pavement
is broken and left in place prior to removal, these pavement areas
shall be resurfaced with a temporary asphalt pavement before opening
traffic.
H.
Every precaution shall be taken to prevent the marring
of or damage to structures such as pavements, curbs, sidewalks, etc.
abutting the work as follows:
(1)
Timber planks shall be used to support steel-treaded
mobile equipment, and timber blocks or planks shall be placed under
all outriggers used to stabilize excavation and other mechanical equipment.
(2)
Loose stones, broken concrete, sand, dirt, debris,
etc., shall be swept up daily from the areas adjoining the work.
(3)
Under no circumstances shall the mixing of mortar
or concrete or the storage of asphalt be permitted directly on unprotected
surfaces adjoining the work.
I.
Immediately following saw cutting, all residue shall
be flushed, swept and removed from adjoining surfaces.
J.
All possible care shall be taken to prevent undermining
of the adjoining pavement. The use of driven sheeting may be required
to prevent such undermining. Any such undermining shall be deemed
sufficient reason for the issuance of orders to remove additional
pavement.
K.
The permittee shall have a competent representative
at the site while the work is in progress to ensure adherence to the
conditions of the permit.
L.
The permittee shall provide and maintain temporary
pavement with hot asphalt mixes, and they should be flush with the
grades of the adjoining surfaces until final restoration.
M.
Neither a transverse road opening nor a road opening
within an intersection may exceed 1/3 the width of the highway, nor
shall any more than that same length be blocked by construction, truck
loading or unloading or by construction materials and barricades at
any one time.
N.
All existing traffic signs temporarily removed from
construction shall be carefully stored and must be reinstalled upon
completion of work.
O.
All restorations shall be cut back a minimum of 12
inches on each side of the excavation as necessary to avoid ragged
edges on the restored area. The area to be restored shall be increased
as necessary to avoid residual strips of existing pavement of less
than three feet in the smaller dimension.
P.
Pavement restoration specifications shall be as follows:
(1)
Specifications:
(a)
Bituminous-type pavement 1 1/2 inches minimum
compacted asphalt concrete, Type 1A, Item 36D, three inches minimum
compacted dense-graded base course asphalt concrete, Item 22CX-M-2.
(b)
Alternate pavement section one-inch minimum
compacted asphalt concrete, Type AC, Item 36E.
(c)
One-and-one-half-inch minimum compacted asphalt
concrete binder course, Type 1A, Item 36DX-M.
(d)
Four inches minimum compacted dense-graded aggregate
base course, Item 398.
(2)
Oil and bluestone pavement: five inches of Village
Item 398 and two inches top course.
(3)
Concrete pavement:
(a)
Where existing pavement is reinforced or contains
joint supports, the removal of the pavement shall be performed in
such a manner as to allow projection of six inches of the reinforcement
and the undisturbed joint supports into the replacement area. If such
is not feasible, the permittee shall indicate proposed corrective
measures for approval by the Village Clerk. Replacement concrete shall
be Type II and entrained with additives such as will assure compressive
strength cores of 2,500 pounds per square inch in 48 hours. The concrete
shall be of the same thickness as the adjacent undisturbed concrete.
(b)
With the approval of the Village Clerk, asphalt
concrete base may be used as a replacement for adjacent concrete base
on longitudinal cuts only. Where asphalt concrete is used, it shall
be two inches thicker than the concrete it replaces.
