[Adopted 10-4-1966 by L.L. No. 3-1966
as Ch. 67 of the 1966 Code]
[Amended 6-19-1984 by L.L. No. 6-1984; 4-16-1991 by L.L. No. 4-1991]
A.
No person, firm or corporation, including public service
companies and public authorities, shall make any excavation in any
street, highway or sidewalk or in any Village property nor construct
any sidewalk or curb or make any cut along any street in the Village
of Northport for any purpose without first obtaining a permit therefor
from the Village Clerk of the Village of Northport as hereinafter
provided.
B.
Permits for curb cuts for driveways will not be considered on the
east and west sides of Reservoir Avenue between Franklin Street and
Route 25A or at any other location in the Village of Northport when,
in the opinion of the Superintendent of Public Works, a traffic safety
hazard might result therefrom and a suitable alternative location
for a driveway cut on the property is available.
[Amended 10-5-2010 by L.L. No. 8-2010; 2-6-2018 by L.L. No. 2-2018]
C.
There
shall be no permit issued for and no excavation of any street, highway,
roadway, sidewalk or curb in the Village of Northport if said street,
highway, roadway, sidewalk or curb has been resurfaced or reconstructed
by the Village of Northport in the last three years from the date
it was completed. The purpose of placing a street, highway, roadway,
sidewalk or curb in protected status is to maintain the integrity
of the new surface. A list of protected streets, highways, roadways,
sidewalks and curbs shall be maintained by the Northport Village Administrator
and shall be updated monthly. Notwithstanding this provision or any
other provision to the contrary, a person, firm or corporation including
a public service company and public authority may excavate if they
can demonstrate that an emergency exists or that it would suffer undue
hardship if not permitted to excavate on said street, highway, roadway,
sidewalk or curb.
[Added 2-6-2018 by L.L.
No. 2-2018]
A.
Application, in writing, shall be filed with the Village
Clerk on application blanks which he shall provide.
[Amended 6-19-1984 by L.L. No. 6-1984]
B.
An application to excavate in or disturb any portion
of a street or any village property, or to construct a sidewalk, curb
or curb cut in any street shall contain or shall be accompanied by
an agreement on the part of the applicant to replace the street, highway
or sidewalk, pavement, curb or gutter in proper condition or to construct
any sidewalk, curb or curb cuts in accordance with specifications
established for the particular work by the Village of Northport, and
which specifications shall be on file in the office of the Village
Clerk. Each such application shall be accompanied by a surety bond
in such form and of such surety as may be approved by the Village
Clerk and for an amount determined by him, which bond shall be conditioned
upon the performance of the aforementioned agreement by the applicant.
If the amount of such bond shall be insufficient to cover all costs
of performing the work agreed to be performed by the applicant, the
applicant shall be responsible for the deficiency. In the event that
the work for which application is presented is done to the satisfaction
of the Village Clerk, the bond shall be released and returned to the
applicant.
[Amended 6-19-1984 by L.L. No. 6-1984]
C.
Public utility companies and public authorities may,
at their own option, file with the Village Clerk a surety bond in
an amount determined by the Village Administrator to cover all applications
under this section for work to be done within the term of the bond.
If such blanket bond be filed, the Village Clerk may, at his discretion,
require additional security by a further bond or cash should any individual
application involve construction to such an extent that the blanket
bond shall, in his opinion, furnish inadequate security to the village.
[Amended 6-19-1984 by L.L No. 6-1984; 10-5-2010 by L.L. No. 8-2010]
D.
Insurance.
[Amended 6-19-1984 by L.L. No. 6-1984; 8-17-1999 by L.L. No. 12-1999]
(1)
All applications shall be accompanied by a public
liability policy in an amount commensurate with the size, degree of
difficulty of construction and risks inherent in the construction
of the proposed building or alteration, as determined by the Village
Administrator, but at a minimum, the insurance requirements for independent
contractors obtaining a permit to work within the village shall be
as set forth below. The village shall be named as additional insured
on this policy. The applicant shall also keep such insurance in force
at all times during the terms of the permit.
[Amended 10-5-2010 by L.L. No. 8-2010]
(2)
The contractor shall maintain at a minimum the following
giving evidence of same to the owner in the form of certificates of
insurance or copies of policies. The insurance carrier must be New
York State licensed carrier with A.M. Best Rating of at least A IX.
All subcontractors must adhere to worker's compensation, comprehensive
liability, umbrella liability and auto liability and provide 30 days'
notice of cancellation or material change.
(b)
(e)
Sample hold harmless agreement/contractor. The
contractor shall indemnify and hold the municipality harmless against
any claim of liability or loss including the cost of defense for personal
injury or property damage resulting from or arising directly or indirectly
out of or resulting from the permit holders operations within the
municipality, including losses arising out of the negligent acts or
omissions of the contractor, its servants or agents, and any subcontractors,
its servants or agents.
E.
An application fee as set forth from time to time by resolution in Chapter 147, Fees, must be paid to the Incorporated Village of Northport in connection with each application hereunder, except that no fee shall be required for a permit to replace an existing utility pole located in an unpaved area of a street or sidewalk or, if in a paved area, when no breaking of pavement is required.
[Amended 4-20-1971; 8-17-1999 by L.L. No. 12-1999]
F.
The applicant shall replace all pavement removed, in accordance with § 256-20, at no expense to the village.
[Amended 4-20-1971]
G.
Upon compliance with the foregoing requirements, a
permit shall be issued in the name of the Village Clerk.
[Added 4-20-1971]
[Amended 6-19-1984 by L.L. No. 6-1984]
The Village Clerk shall require any person making
a highway excavation pursuant to a permit granted hereunder to give
notice of such excavation to public service companies, public authorities
or municipal districts or departments having lines, mains or other
property in the street and within 20 feet of the proposed work; and
when such notice shall have been required, no work shall be commenced
or done under such permit until such requirement of notice has been
fully complied with to the satisfaction of the Village Clerk.
[Amended 6-19-1984 by L.L. No. 6-1984; 10-5-2010 by L.L. No. 8-2010]
Before commencing work under any permit, the
permittee shall give 24 hours' advance written notice thereof to the
Police and Fire Departments and to the Clerk and Village Administrator
of the Village of Northport. Any such notice shall specify the date
and hour when such work will be commenced. Inspection of the work
will be performed by the Village Administrator. Upon completion of
such work, similar notice thereof shall be given said Departments,
the Clerk and the Village Administrator.
[Amended 6-19-1984 by L.L. No. 6-1984; 10-5-2010 by L.L. No. 8-2010]
Any permittee making an excavation or doing
any construction covered by this article shall erect suitable barriers
or guards for the protection of persons using the streets or sidewalks,
shall set up and maintain, during the hours of darkness, sufficient
lights or flares to properly illuminate the area, shall take all necessary
precautions for the protection of all property which may be endangered
by such excavation or construction, or other work incident thereto,
and shall comply with all directions given by the Village Administrator
in respect to such barriers, lights, flares and protective measures.
In connection with the operations under such permit, no matter shall
be deposited or piled up within 15 feet of any fire hydrant, fire-fighting
facility or village drainage facility.
[Amended 4-20-1971]
A.
In general, openings in concrete and asphalt roads
shall be a minimum of two feet larger on all sides than the actual
size of the excavation. In special cases, the size of the opening
shall be determined by the village. The edges of all street openings
shall be saw cut in length in a straight line.
[Amended 2-6-2018 by L.L.
No. 2-2018]
B.
Openings in concrete or slate sidewalks and roadways shall have a
minimum length of two feet on each end, measured along the edge of
the sidewalk or roadway, larger than the excavation or to the nearest
construction joint and a minimum width of the full width of the sidewalk
or roadway where there is no longitudinal construction joint or to
such construction joint where same exists.
[Amended 2-6-2018 by L.L.
No. 2-2018]
C.
No streets or sidewalks shall be tunneled, but pipes
may be driven or trenched across.
A.
Backfilling around pipes. Selected unfrozen filling
material free from large lumps, clods, rocks, sods, debris or other
deleterious materials shall be placed alongside pipes in layers not
exceeding six inches in depth and thoroughly compacted so that on
each side of the pipe there shall be a berm of thoroughly compacted
or undisturbed earth at least as wide as the external diameter of
the pipe. Each layer, if dry, shall be moistened and then compacted,
special care being taken to compact thoroughly the fill under the
haunches of the pipes. All fill within 12 inches of pipes and to a
height of 12 inches above pipes shall be compacted by hand tamping,
other than so required hand tamping shall be prohibited and all other
compaction shall be by rolling or tamping with mechanical hammers.
This prescribed method of filling and compacting shall be continued
until the backfill is at least two feet above the top of the pipe.
B.
Other backfilling. Any filling or backfilling of material
other than around pipes and except to two feet above pipes shall be
deposited in horizontal layers not to exceed 12 inches in thickness
and thoroughly compacted by mechanical rolling, tamping or vibratory
equipment.
[Added 4-20-1971; amended 6-19-1984 by L.L. No. 6-1984]
A.
All concrete used for replacement of concrete road
pavement shall be air entrained and have a minimum strength of 4,000
pounds per square inch. Concrete for replacement of concrete sidewalk
shall be air entrained and have a minimum strength of 3,500 pounds
per square inch. Aggregates used in the proportioning concrete shall
be three-fourths-inch broken stone or three-fourths-inch washed gravel.
The thickness and reinforcing of the new concrete shall equal the
thickness and reinforcing of the existing concrete, but in no case
shall concrete road pavement be less than eight inches thick, nor
shall sidewalk thickness be less than four inches.
B.
Asphalt roads shall be patched with a three-inch thickness
of New York State Type 3 binder course Specification 403.13, and a
one-and-one-half-inch thickness of New York State Type 6F surface
course Specification 403.17. The surface of the patch shall be compacted
and rolled with an acceptable roller so that the patch is flush with
the surrounding pavement. The edges of the patch shall be sealed with
a liquid asphalt cement, Grade 85-100.
[Added 6-19-1984 by L.L. No. 6-1984; amended 10-5-2010 by L.L. No. 8-2010]
Permittees shall notify the Village Administrator
of the village at least two days before commencement of work and shall
be subject to his inspection during the course of the work.
[Amended 4-20-1971]
Permittees shall notify the Fire and Police
Departments and the Village Clerk when work has been completed, after
which an inspection will be made by the village, and upon approval
of the work a release will be granted to the applicant. Until the
granting of such release, the applicant shall remain liable for proper
guarding and protection as provided herein. No approval or release
shall be given by the village until a sufficient period of time, not
less than 30 days, has expired in which the actual work may be observed
under normal conditions.
[Amended 4-20-1971]
In the event an emergency threatening damage
to life or property requires prompt beginning of work covered hereby,
the person, firm or utility undertaking such work shall give immediate
notice thereof to the Northport Village Police and Fire Departments
and shall make application for a permit at least on the next business
day at the office of the Village Clerk. The fact that the work is
required, because of an emergency, to be begun or to be done without
first obtaining a permit, shall not, except as in the section is otherwise
provided, excuse noncompliance with this section.
[Amended 8-17-1999 by L.L. No. 12-1999]
A violation of this article shall be punishable
by a fine of not to exceed $250, imprisonment for a term not to exceed
15 days, or both such fine and imprisonment, for each offense, and
each day a violation continues shall be a separate offense.
