[Adopted 6-11-1986 by L.L. No. 4-1986[1]]
[1]
Editor's Note: This local law also superseded former Ch. 85, Art. I, Excavations in Streets, adopted 5-6-1971, as amended.
Unless acting under a contract with the town, it shall be unlawful for any person, other than a duly authorized Town official or employee in the course of his employment, to make or cause or permit to be made any excavations or opening in or under the surface or pavement of any street, road, sidewalk or other public place within the town or to construct, reconstruct, repair, alter or grade any driveway or street on the public streets without first obtaining and having in force a permit so to do. Such permit shall be issued by the Highway Superintendent's office.
Any person making or causing to be made any excavation or opening in any street, road, sidewalk or other public place or within 25 feet of the line of any street shall, between sunset and sunrise on every night that the same remains open or danger exists therefrom, keep such excavation or opening fenced and barricaded with substantial barriers to assure public safety and adequate warning lights placed so as to properly warn all persons of such excavation or opening and all obstructions. No unauthorized person shall remove or interfere in any way with any such lights, danger signals or any such barriers. Pavement must be cut or sawed before digging so that there are no jagged edges. If the person who made the excavation fails to provide adequate protection, the town may perform such services and charge same to such person.
No person shall be issued a permit for street openings until he shall have furnished satisfactory proof to the Highway Superintendent that he is qualified to perform the work under the provisions and conditions of the permit and that he has deposited with the Highway Superintendent a bond or liability insurance policy or a certificate of issuance of said bond or liability insurance policy conditioned on the strict compliance with the terms of the permit and indemnifying the town and/or persons damaged against any loss or damage occasioned by his performance under this permit. Such bond, policy or certificate must clearly state that the insured has coverage for performing excavations for the purpose of repairing water, sewer or gas piping in the Town of Oneonta rights-of-way. Such bond or liability insurance policy must be in the sum of at least $50,000/$100,000 liability and $50,000 property damage, shall not be cancelable except on not less than 10 days' written notice to the town and must be first approved by the Town Attorney before filing with the application.
No change of grade shall be made on any town street or road.
It shall be the duty of any person who is making an opening in the town streets or roads to first call the Underground Facilities Protection Organization and the Town of Oneonta Highway Department.
A. 
Use of gravel. Gravel shall be used for backfilling and shall consist of natural bank-run gravel having durable particles graded from fine to coarse in a reasonable uniform combination, with no boulders or stones larger than two inches in size. It shall be free from slag, cinders, ashes, refuse or other deleterious or objectionable materials. It shall not contain excessive amounts of loam or clay and shall not be lumpy or frozen. Backfill gravel shall be used in the top 18 inches of backfill of all ditches in the paved areas of Town streets and roads. The pipe or conduit shall be bedded in sand or gravel to a thickness of not less than six inches and be covered to a thickness of not less than six inches compacted. Run-of-bank sand shall not contain more than 10% of material finer than a No. 200 sieve.
B. 
Placing. Backfill shall be placed in six-inch layers, and each layer tamped by mechanical means to ensure good compaction. Care shall be taken not to disturb the pipe or conduit located in the ditch. Excavating or backfilling shall not be done in freezing weather except by permission of the Town Highway Superintendent. No fill shall be made where the material already in the trench is frozen. Completed backfill shall be two inches above the pavement surface.
A. 
All permanent restoration of pavement shall be done by the permittee. The pavement is to be cut with a spade or a pavement saw. The backfill shall be placed in six-inch layers and compacted to 95% of AASHO standards until the excavation has been filled to the grade of existing pavement. This grade shall be maintained opened to traffic for a minimum of seven days, after which, the top six inches shall be excavated and filled with asphalt concrete, Type 7 (top coarse), as defined in the New York State Department of Transportation standard specifications to the grade of the existing pavement. All asphalt is to be compacted.
B. 
The permittee shall be required to guarantee this work for a period of one year after acceptance.
A. 
The fee for permits for street openings shall be as follows: $300 shall be deposited with the application, from which the following will be deducted as fees and expenses:
(1) 
Permit fee: $10.
(2) 
Inspection fee: $5.
B. 
If the installation does not meet with the Town of Oneonta standards as outlined above or the contractors neglect to repair as required, the Town of Oneonta will effect the necessary repairs. Any and all costs incurred will be deducted from the deposit. The balance, if any, will be returned to the applicant or the applicant will be billed for the excess, as the case may be, at the completion of the paving restoration.
No person shall construct a driveway approach without obtaining a permit from the Highway Superintendent. All inspections shall be done by the Highway Superintendent.
No permits will be issued from October 15 to April 1 unless a specific need arises and special permission is granted.