[Adopted 8-20-1985 as L.L. No. 5-1985]
No person shall obstruct or block off any public street or public grounds or any portion thereof of the village without first obtaining a permit thereof from the Village Clerk of the Village of McGraw.
The permit fee of $15 shall accompany each application submitted in accordance with this Article.
The applicant shall file with the Village Clerk a general liability policy or certificate of insurance naming the Village of McGraw as an additional insured at the same time he files his application for a permit. The policy shall insure the Village of McGraw and the applicant and shall cover all operations relative to the excavation and reconstruction thereto. Said policy shall have a combined single limit for bodily injury and property of $500,000 each occurrence and aggregate.
The village shall require any person making a highway excavation pursuant to a permit granted hereto 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 village and each affected utility.
Any person making an excavation covered by this Article 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 village 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 Village Highway Foreman with respect to such barriers, lights, flares and protective measures.
The applicant will be responsible to notify the village 24 hours prior to street openings and closings.
Work under the permit shall be commenced within 30 days from the date of the permit and continued in an expeditious manner, unless extension of this period is approved by the village.
A. 
Streets, parkways and other public property disturbed in the course of work performed under the provisions of this Article shall be restored to as good a condition as it was in before cutting, and said work shall be done in a manner satisfactory to the Village of McGraw Highway Foreman.
B. 
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.
C. 
Procedure for final backfilling. Clean fill will be used and then the 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.
D. 
Final pavement replacing.
(1) 
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 aide of the undisturbed subgrade. At the discretion of the Highway Foreman, 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 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.
(2) 
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 Highway Foreman at his discretion upon application.
(3) 
Shoulder areas. If the trenchwork is in the earthen shoulder of the roadway, then proper compaction as outlined in Subsection C above will apply, with the addition of a covering of sod or grass seeding as specified by the Highway Foreman.
[Amended 4-17-1996 by L.L. No. 2-1996]
Any person, firm or corporation violating any provisions of this Article shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder.