Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 171, STREETS AND SIDEWALKS, ARTICLE I, Openings and Excavations

Body:

171-1.  Permit required.

 

Unless acting under a contract with the Village, it shall be unlawful for any person, other than a duly authorized Village official or employee in the course of his employment, to make or cause or permit to be made any excavation or opening in or under the surface or pavement of any street, alley, sidewalk or other public place within the Village without first having obtained and having in force a permit. so to do as hereinafter provided. In case of an emergency arising out of office hours, at night, Sundays, or legal holidays, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the Police Department, which shall grant permission to make the necessary excavation upon the express condition that an application be made in the manner herein provided on or before noon of the next following business day. 

 

171-2.  Application for permit. 

 

A.  Form of application. Any person desiring to procure a permit as herein provided shall file with the Superintendent of Streets at least 24 hours before the time proposed to begin such work a written application upon a blank form prepared and provided by the Village. Such application shall state: 

(1)   The name and business or residence address of the applicant. 

(2)   The names of the street, alley, sidewalk, or public place in or under which it is desired to make the application or opening. 

(3)   The kind of pavement or sidewalk thereon. 

(4)   The purpose, size and location of the proposed excavation or opening. 

(5)   The name and business residence address of the person for whose benefit the work is to be done. 

(6)   The time during which it is desired such opening is to be permitted.   

B.  Plat or pencil tracing. When required by the Superintendent of Streets, the application shall be accompanied by a plat or pencil tracing or sketch showing the location, character, and dimensions of the proposed excavation or opening for the installations involving the location of pipes, conduits, wires or other conductors.   

 

171-3.  Bond.

 

The application shall be accompanied by a bond to the Village of New York Mills, approved as to form by the Village Attorney and in the penal sum of $5,000 with sufficient surety or sureties or sufficient collateral security to safeguard the public, conditioned for the faithful performance of such work in accordance with the rules, regulations, and ordinances of the Village within the time fixed by the Superintendent of Streets and for the maintenance of such condition for such length of time as shall be required by the Superintendent of Streets; and that such person will indemnify and save harmless the Village against and from any and all damages or claims for damages, loss, costs, charges or expense that may be brought against it by any person, for or on account of injury to persons or property resulting from or occasioned by reason of any such excavation or opening; provided, however, that any person operating in or using any of the streets under a franchise, or any person who in the pursuit of his regular calling, has frequent occasion to open or to make excavations in the public streets, alleys, sidewalks, or other public places, may file a bond in the sum of $5,000 conditioned as above to cover all excavations made by him for a period of two years, from the date of filing, but permits for all excavations must be applied for and issued as herein provided. 

 

171-4.  Granting of permit.   

 

The Superintendent of Streets, upon the filing of the application and bond and the payment of a fee as set from time to time by resolution of the Board of Trustees and the deposit herein required, may in his discretion issue a permit which shall state the name and address of the applicant, the location, nature, purpose and extent of the excavation or opening, the kind or kinds of pavement to be disturbed by the applicant and the dates of granting and expiration of the permit. All permits shall be consecutively numbered, and shall be made in duplicate, one copy to be given to the applicant, and one copy to remain on file in the office of the Superintendent of Streets. Such permit shall at all times be in the possession of a competent person actually on the work and shall be shown upon demand to a police officer or properly authorized officer of the Department of Public Works. 

 

171-5.  Record of permits.

 

The Superintendent of Streets shall prepare and keep a record of permits issued, numbered in the order in which they were issued, name and address of persons to whom issued, location, nature and address of persons to whom issued, location, nature, purpose and extent of excavation or opening, time in which street is to be restored, fee paid and such other and further items as will enable anyone to obtain a complete history of each permit from its issuance to its termination. The copies of the permits kept by the Superintendent of Streets may be used as a basis for such record. 

 

171-6.  Guarding excavations and obstructions. 

 

A.  Barriers and warning devices. Any person making or causing to be made an excavation or opening in any street, alley, sidewalk, or other public place shall keep such excavation or opening fenced and barricaded with substantial barriers to secure public safety and shall place and keep in operation suitable warning devices to warn all persons of such excavation, opening or obstruction. 

B.  Interference prohibited. No unauthorized person shall remove or in any way interfere with any such warning devices or barriers.   

 

171-7.  Requirements for work under permit.

 

All work under a permit shall be under the supervision of the Superintendent of Streets and in conformity with the following requirements: 

A.  Commencement and stoppage of work. All work shall be started within 24 hours after the receipt of the permit and shall be pursued diligently and continuously until the same is completed. When in consequence of the weather or any process of the law, or any other unexpected obstacles the work shall be stopped for so long a time that public travel shall be obstructed, the excavation, or opening shall be refilled and repaved, as if the work contemplated in a permit were actually completed. 

B.  Removal of greater area than specified in permit. In no case shall a person open or remove a greater area of surface and at no other location than that specified in the original or supplementary application; provided, however, that if at the time of actually doing the work it shall be necessary to open or remove a greater area of surface than originally applied for, the applicant shall first notify and procure the consent of the Superintendent of Streets to do so upon the condition that he shall and will before 12:00 noon of the following business day file a supplementary application for the making of an additional excavation. 

C.  Intersections and access to certain facilities. At the intersection of cross streets, not more than half of the width of the street shall be opened at one time, the other half shall remain untouched for the accommodation of traffic until the first half is restored for the safe use. All work shall be prosecuted as not to interfere with easy access to fire houses, fire hydrants, and United States Mail Boxes. The permittee must remove within 24 hours all snow and ice that fall or form upon the street within five feet upon either side of the opening and keep such space free from snow and ice until opening is properly refilled. 

D.  Notice to utilities. The person to whom a permit is granted shall give notice in writing thereof to any corporation whose pipes, mains, or conduits are laid in the street about to be disturbed by such excavation, at least 48 hours before commencement of the same, and shall at his expense, sustain, secure, and protect such pipes, mains, or conduits from injury and replace and pack the earth wherever the same shall have been removed, loosened, or disturbed, under or around them, so that they shall be well and substantially supported. If any person shall fail to sustain, secure or protect such pipes, mains, or conduits, from injury or to replace and pack the earth under or around them as the provisions of this action require, then the same may be done by the corporation to whom the same may belong and the cost thereof, and all to whom the same may belong and the cost thereof, and all damages sustained by such corporation thereby shall be paid by such corporation may maintain an action against him therefor.

E.   Execution of work. All materials for paving or macadamizing must be removed with the least possible injury or loss of the same and together with the excavated material must be placed where they will cause the least possible inconvenience to the public. Paving materials and earth removed must be kept separate. The width of the excavation or opening shall be no greater than is necessary for doing the work. Sheathing and bracing shall be used when the excavation or opening is four feet or more in depth. Sheathing and bracing shall be cut off one foot below the surface pavement and left in place when the opening is refilled. The street, alley, sidewalk, or other public place must be opened in a manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter. Excavations shall be made in the open cut. No tunneling shall be done except by special permission of the Superintendent of Streets, and then only under such conditions as he may impose. No excavation shall be under cut or having a greater width at the bottom than at the top. In case of slips or slides of the sides of the excavation the same shall be trimmed to solid earth and the top surface cut back to the limit of the same before any backfilling is commenced. 

F.   Deposit required; temporary resurfacing.

(1)   Before an opening or cut is made in a Village street, a uniform cash deposit of $200 shall be deposited with the Superintendent of Streets as a guarantee that the opening will be refilled and resurfaced on or before the time fixed in the permit and written notice shall be given to the Superintendent of Streets when the work is completed. 

(2)   Such temporary resurfacing shall be maintained by the person to whom this permit is issued until the Village or person designated shall permanently resurface such opening. Refilling shall be done in thin layers not exceeding six inches in height, firmly rammed until the excavation is filled or to a proper line of placing the paving thereon. All deficiencies in materials shall be made good with new materials by the person making the excavation. All materials used for backfill shall be removed and replaced with a filling of proper consistency. Whenever rock is excavated not more than 1/3 of the total excavation shall be refilled with the broken stone, which must be in pieces not exceeding six inches in their largest dimensions, and mingled with clean earth and sand and restored in such manner as to insure the thorough and compact filling of all spaces. All deposits of money herein shall be deemed forfeited and placed in the general fund of the Village in the event said deposit is not claimed nor returned within a twelve-month period from the date of the permit. [Amended 11-14-1983 by L.L. No. 3-1983]   

G.  Surface completion. In all unimproved streets the surface of the refilled excavation or opening shall be finished in a workmanlike manner and shall in every respect be equal in quality, character, and materials to the street surface existing previous to making the excavation. In all improved streets, the crown of the surface must conform to the adjacent street surface until sufficient time has elapsed to warrant the restoration permanently of the paved street surface. All such restoration of paving surfaces shall be made by the Village and the cost thereof charged to the permittee. 

H.  Restoration of permanent pavement. In the replacement or restoration of the permanent pavement the Village shall have the right and authority to remove the old concrete for an area extending at least one foot in all directions beyond the edge of the original cut, and replace it with new, reinforced concrete, not less than six inches beyond the joining in the foundation of the pavement and be laid with the same care in the same manner as the original pavement.   

 

171-8.  Duties of police.

 

All policemen shall be vigilant in the enforcement of this article, and shall report through proper channels any violation thereof to the Chief of Police, on observing or being informed of the opening of or excavation in any street, and shall require the person making such opening or excavation to exhibit the permit therefor, and if none has been given, or if the exhibition thereof be refused, the officer shall without delay, report same to the Chief of Police.