No person, firm or corporation, including public
service companies and municipalities other than Cuba Village, shall
make any excavation in any street or highway in Cuba Village for any
purpose without first obtaining a permit therefor from the Superintendent
of Public Works as hereinafter provided.
A.
Application for permits shall be filed, in writing,
with the Superintendent of Public Works upon application blanks which
he/she shall provide or in such other manner as he/she shall from
time to time prescribe. Applications shall state the nature, location,
extent and purpose of e proposed excavation.
B.
Applications by public service companies must be accompanied
by a general undertaking in such form as may be approved by the Board
of Trustees. The general undertaking is tendered to assure that after
completing the excavation, said applicant shall leave the street,
highway, sidewalk, pavement, curb or gutter in the same condition
as it was prior to the excavation.
C.
Applications by persons, firms or corporations other
than public service companies for excavations in the street or highway
must be accompanied by a minimum cash or bond deposit of $500 with
the Village Clerk to assure that after completing the excavation,
said applicant shall leave the street, highway, pavement and curb
or gutter in the same condition as it was prior to excavation. In
the event that the applicant fails to repair or replace such pavement,
curb or gutter in the time provided in the permit, the deposit or
bond of $500 shall be forfeited to the extent necessary to repair
such surface as left undone by the applicant.
A.
The applicant shall ffle with the Superintendent of
Public Works a general liability insurance policy or certificate of
insurance naming Cuba Village as an additional insured at the same
time he/she files his/her application for the permit. The Board of
Trustees shall approve the policy as to form.
B.
The policy shall insure Cuba Village and the applicant
and shall cover all operations relative to the excavation and reconstruction
thereof. Said policy shall have a combined single limit of $1,000,000.
[Amended 8-26-1996 by L.L. No. 3-1996]
C.
In lieu of the aforesaid liability insurance, public
service companies may submit a general undertaking in such form as
shall be approved by the Board of Trustees.
The Superintendent of Public Works may require
any person making a highway excavation pursuant to a permit granted
hereunder to give notice of such excavation to public service companies
or municipal districts having lines, mains or other property in the
streets, and when such notice shall have been required, no work shall
be commenced or done under such permit until such required notice
has been fully complied with to the satisfaction of the Superintendent
of Public Works.
Any person making an excavation covered by this
article shall erect suitable barriers or guards 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 to properly illuminate the area. He/she shall also
take all necessary precautions for the protection of the property
of the Village, of public service companies or municipal districts
and of others which may be endangered by such excavation or the work
incident thereto and shall comply with all directions given by the
Superintendent of Public Works with respect to such barriers, lights,
flares and protective measures.
A.
Work under the permit shall be commenced within thirty
(1)
days from the date of the issuance of the permit and
continued in an expeditious manner unless extension of this period
is approved by the Superintendent of Public Works.
B.
Construction.
(1)
When work is being performed on any Village street,
no pavement cuts or trenches are to be left unfilled overnight except
in emergencies, and, in such cases, adequate precautions must be exercised
to protect traffic. When working on any Village street or road, contractors
must complete final backfilling of any trench within 18 days from
the time of its opening.
(2)
All pipes or mains crossing highway pavement shall,
whenever possible, be driven beneath the roadway without disturbance
from the edge of the pavement. Such crossover pipes shall, whenever
possible, be enclosed in sleeves or larger pipes so that repairs or
replacements may be made in the future without disturbance of the
roadway pavement.
(3)
In the event that a trench is opened, the trench will
be compacted to within four inches of the road surface after completion
of the necessary work and construction. The existing asphalt surface
shall then be cut back at least 12 inches on either side of the undisturbed
subgrade.
(4)
At the discretion of the Superintendent of Public
Works, the contact surfaces, the packed 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 Specifications 1-A 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.
(5)
If the trench work is in the earthen shoulder of the
roadway, the proper compaction, as outlined above, shall apply with
the addition of a covering of sod or grass seeding as specified by
the Highway Department of Cuba Village.
C.
Traffic control. Traffic is to be maintained at all
times during the progress of work. Adequate signs, barricades and
lights necessary to protect the public shall be provided. Flagmen
to direct traffic shall be employed continuously during periods when
only one-way traffic can be maintained or when equipment is operated
back and forth across the pavement area. No construction equipment
or materials shall be left on the pavement after working hours, nor
shall any construction equipment or materials be placed in any way,
manner or location that will obstruct the highway or railroad warning
signs. Barricades, whether in sidewalk or roadway areas, shall have
prominently displayed for police convenience the address and telephone
number of someone available 24 hours a day who shall reestablish the
same in an emergency. Access to adjacent property shall be maintained.
D.
Notification. The applicant will be responsible for
notifying the Highway Department 24 hours prior to street opening
and street closing.
Any person committing an offense against any
provision of this article shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense shall constitute, for each day the offense is continued,
a separate and distinct violation.
