It shall be unlawful for any person, firm, corporation or municipality
to make an excavation in or tear up the surface of any Town road without
a permit in writing from the Town Superintendent of Highways. A separate
permit shall be required for each and every road opening.
A.
To obtain a permit, an application must be made in writing on the
form provided and signed by the applicant undertaking the work. If
the application is made by municipality, the application shall be
executed by its proper officers. In lieu of such execution, the municipality
may by resolution, a certified copy of which shall be filed with the
Town, designate an agent or officer to execute applications for permits.
B.
There will be a fee for each application filed in an amount as shall
be established by resolution of the Town Board and set forth in an
appendix to this chapter,[1] except that there shall be no fee if the repair or replacement
is to existing Orangeburg Fiber Pipe (sanitary sewer connection).
[Added 8-20-2001 by L.L. No. 5-2001; amended 12-13-2011 by L.L. No.
8-2011]
[1]
Editor's Note: Fees and Other Charges Relating to Road Excavations, Driveways and Heavy Hauling is included at the end of this chapter.
[Amended 10-16-1995 by L.L. No. 24-1995; 8-20-2001 by L.L. No.
5-2001]
Before a permit can be issued, the applicant must first file
with the Superintendent of Highways and the Town Clerk adequate and
satisfactory evidence, in the form of a certificate of insurance,
that he is covered by public liability insurance in the amounts of
$1,000,000 to $2,000,000 and $500,000 for property damage, and that
under this coverage, or by separate policies in the above amounts,
the Town of Orangetown is named and fully indemnified. The applicant
must also file with the Superintendent of Highways and the Town Clerk
adequate and satisfactory evidence that he is fully covered for workers'
compensation insurance. Said certificates of insurance shall be reviewed
and approved by the Town Attorney.
Wherever the word TOWN is used in these regulations, it shall
also mean the Town of Orangetown and/or the Town Superintendent of
Highways or his representatives.
[Amended 10-16-1995 by L.L. No. 24-1995; 8-20-2001 by L.L. No.
5-2001]
A.
The area of opening under this permit is limited to 10 square yards,
and deposit of either cash or certified check made payable to "Town
of Orangetown" is required at the time the permit is applied for.
B.
Such deposits shall be in an amount as shall be established by resolution
of the Town Board and set forth in an appendix to this chapter.[1]
[Amended 12-13-2011 by L.L. No. 8-2011]
[1]
Editor's Note: Fees and Other Charges Relating to Road Excavations, Driveways and Heavy Hauling is included at the end of this chapter.
C.
Permits will be issued to municipalities without a deposit, in which
case a bill will be rendered to them upon completion by the Town of
the temporary restoration, which bill will also include charges for
permanent restoration, future maintenance and inspection fees.
The Town will furnish and charge for an inspection for each
day from the time the road is to be opened until the backfilling with
approved material and temporary restoration of pavement has been completed.
The applicant shall specify on the application the date the excavation
is to be made. If the permittee fails to open the road on the date
specified, unless the Town office is notified the day before, inspection
fees will be charged for every day he fails to do so. However, no
openings shall be made on Saturdays, Sundays or holidays unless an
emergency exists such as a water or gas leak or sewer stoppage.
In making the excavation the permittee shall preserve the roadway
from needless destruction and shall cause the excavation, installation
or repair of utility and backfilling to be one continuous operation.
The permittee shall maintain safe crossings along the line of
opening and keep same properly guarded by suitable barricades and
warning signs during the day, and by barricades and lights at night.
If the excavation extends the full width of the road, only one-half
of the road shall be opened and this is to be backfilled before the
other half is opened, so as to permit the free flow of traffic. In
some cases it may be possible to open on each side of the road and
jack or drive a pipe from one opening to the other.
Tunneling or mechanical methods of boring under the road for
service installations may be permitted only on written approval of
the Town Superintendent of Highways.
Backfilling must be done with a pervious material such as stone
screenings, second-grade crushed stone, sand, run-of-bank gravel or
other pervious material acceptable to the Town. Soils containing a
high percentage of clay, loam or silt shall not be used. The backfill
material shall be moistened and mechanically tamped until thoroughly
compacted. All excess material shall be removed from the roadway.
In the event the Town is to make temporary and permanent restoration
of pavement, permittee assumes all responsibility for the opening
and is required to backfill and continue to backfill said opening
as many times as it is necessary to keep it safe for traffic until
the Town makes the temporary repair. Said temporary repair is to be
made by the Town not later than seven days after the opening has been
backfilled.
The Town may grant permission on the permit to the permittee
to restore permanently, with its own employees or a contractor approved
by the Town, the pavement in a manner satisfactory to the Town. Temporary
restoration of pavement is to be made immediately after the trench
has been properly backfilled and compacted and the permanent restoration
of pavement shall be made within three months, weather permitting,
from the date the temporary pavement was installed, and such permanent
restoration shall, as nearly as possible, duplicate the original pavement
in type, material, color and texture of the surface, except where
penetration pavement exists, in which case it will be necessary for
the permittee to replace the surface with Type "B" material consisting
of five inches of crushed-stone base surfaced with 2 1/2 inches
of compacted bituminous concrete. The term "pavement" as used in these
regulations shall include the foundation for the surface of the roadway.
Shoulder trenches shall be replaced with a pervious material
to within six inches of the surface. The final six inches shall consist
of second-grade crushed stone thoroughly rolled to the contour of
the road.
In the event the permittee has been granted permission to make
temporary and permanent restoration of pavement, the permittee agrees
to assume all responsibility for any damage which may occur as a result
of the opening from the time the opening was made until permanent
restoration of pavement has been made and approved, at which time
the Town assumes responsibility therefor.
[Amended 8-20-2001 by L.L. No. 5-2001]
If the work of opening and/or restoration is to be performed
by a contractor, the contractor must first file with the Superintendent
of Highways and the Town Clerk adequate and satisfactory evidence,
in the form of a certificate of insurance, that he is covered by public
liability insurance in the amounts of $1,000,000 to $2,000,000 and
$500,000 for property damage, and that under this coverage, or by
separate policies in the above amounts, the Town of Orangetown is
named and fully indemnified. The contractor must also file with the
Superintendent of Highways and the Town Clerk adequate and satisfactory
evidence that he is fully covered for workers' compensation insurance.
Said certificates of insurance shall be reviewed and approved by the
Town Attorney.
If the permittee shall not have received permission to restore
the pavement, the Town will restore the pavement excavated, and the
deposit made by the permittee shall be used in defraying the expense
of making such restoration, the inspection cost and the permanent
maintenance of such opening. A refund will be made to permittee of
any balance remaining of the deposit made. Such refund shall be made
through the regular Town voucher within six months after the opening
has been restored.
A.
No opening permits will be issued between November 15th and March
15th unless an emergency exists. In the event an emergency exists
and permits are necessary, the deposits will be doubled and the fees
increased for such permits during this period, due to the fact that
proper pavement repairs cannot be made during the winter, and the
following rules and regulations will pertain during this period.
B.
The backfill of all trenches during the winter period shall only
be made with screenings, second-grade crushed stone or approved run-of-bank
gravel, and if the opening is in shoulder, the last nine inches shall
be made with second-grade crushed stone thoroughly rolled to contour
of road. If the opening is in pavement, there shall be placed in the
trench eight inches of 1 1/2 inch crushed stone, dust bound,
and surfaced with 2 1/2 inches of compacted bituminous concrete.
No rocks larger than five inches in any direction or frozen dirt shall
be placed in the trench.
C.
Notwithstanding anything which may appear to the contrary in this
permit application and regulations, the applicant by accepting this
permit assumes all responsibility for the safe maintenance of said
opening from November 15th to April 1st and further assumes all liability
for damages resulting from or in any way connected therewith during
this period.
[Amended 10-16-1995 by L.L. No. 24-1995]
A.
The charge to be made by the Town for each inspection for openings,
pavement restoration and maintenance shall be in an amount as shall
be established by resolution of the Town Board and set forth in an
appendix to this chapter.[1]
[Amended 12-13-2011 by L.L. No. 8-2011]
[1]
Editor's Note: Fees and Other Charges Relating to Road Excavations, Driveways and Heavy Hauling is included at the end of this chapter.
B.
For openings in excess of 10 square yards, special permits will be
issued and rates are to be mutually agreed upon between the permittee
and the Town.
The charges set forth above are to be made by the Town immediately
after the opening has been completed upon certification by the inspector
of its size. Such measurement shall be at least six inches larger
than the length and width of the opening.
The permittee agrees, in accepting a permit to open a road,
to save harmless the Town of Orangetown, its officers and servants
from and against any injury, loss, damage or legal action resulting
from the negligence or fault of the permittee, its agents or servants
in connection with the work covered by the permit.
