Village of Northport, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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.
(a) 
Worker's compensation and New York State disability:
[1] 
Coverage: statutory.
[2] 
Extensions:
[a] 
Voluntary compensation.
[b] 
All states coverage employers.
[c] 
Employers liability: unlimited.
(b) 
Commercial general liability:
[1] 
Coverage, occurrence: 1988 ISO or equivalent.
[2] 
Limits:
[a] 
General aggregate: $2,000,000.
[b] 
Products-Comp/Ops Aggreg.: $1,000,000.
[c] 
Personal and advert. injury: $1,000,000.
[d] 
Each occurrence: $1,000,000.
[e] 
Fire damage (any one fire): $50,000.
[f] 
Medical expenses (any one person): $5,000.
[3] 
Additional insured: municipality using ISO form CG2012 or equivalent.
[4] 
Special: hold harmless as per sample or equivalent
(c) 
Automobile insurance:
[1] 
Coverage: standard New York policy insuring all owned, hired and nonowned vehicles.
[2] 
Limits (minimum limit): $1,000,000 CSL.
[3] 
Additional insured: municipality.
(d) 
Umbrella liability (recommended):
[1] 
Coverage: umbrella form (not excess).
[2] 
Suggested limit: $5,000,000.
[3] 
Additional insured: municipality.
(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.