[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.
[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.
