Permit Required For Highway/Sidewalk Excavation
A person, public service, water, light or power company and a person performing work on behalf of a municipal corporation shall not excavate in any highway or sidewalk in the town for any purpose without first obtaining a Right of Way Permit from the Commissioner of Highways.
Application For Permit
A written permit application shall be filed with the Commissioner, stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a highway or sidewalk in the town, except where law shall directly authorize an excavation or disturbance.
Permit Dates and Restoration
Work must commence and be satisfactorily restored within 60 days unless otherwise extended, in writing, by the Highway Department.
Requirements for Applicants
The Commissioner shall require the applicant to post a performance bond in the amount of $5,000, which shall be deemed to be adequate to pay said expense upon the condition that the permittee replace the highway or sidewalk, pavement, curb or gutter in proper condition or pay all of the expenses to which the town may be put to replace the highway or sidewalk, pavement, curb or gutter or put the same in proper condition within one (1) year following the satisfactory completion of the project. Each applicant shall take out and maintain during the term of the permit and file with the Commissioner a public liability insurance policy insuring the Town of Hempstead, its agents, servants and/or employees and the Commissioner in an amount not less $1,000,000 for injuries, including wrongful death, to any person and subject to the same limit for each person on account of each occurrence and a property damage insurance policy insuring the Town of Hempstead and all employees thereof in the amount of not less than $1,000,000 on account of any occurrence and in an amount not less than $500,000 on account of all occurrences. Such insurance policies shall cover liability which may arise from operations under the permit, whether such operations are by the permittee or by the Town of Hempstead or the Commissioner. Such insurance policies shall be issued in the name of the Town of Hempstead, its agents, servants and/or employees and the Commissioner as the insured.
Except as otherwise provided by law or where permits as above are granted for work done at the direction of the Commissioner, each application for such permit shall be accompanied by a fee of $300 for each excavation (4' x 4' hole), to be paid to the Town. The fee and permit herein required shall be in addition to permits required for construction of any sidewalk, curb or driveway. A fee of $250 shall accompany each application when an excavation constituting a continuous trench measures more than 25 feet. If a continuous trench spans more than 100 feet, the fee will be an additional $250 for each additional 100 feet or any part thereof.
Safety Codes For Street Opening Regulations
The permittee, his agents and employees shall strictly comply with the following conditions:
- United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, as promulgated in accordance with the Occupational Safety and Health Act of 1970, Public Law 91596:84 Stat. 159O, Laws of 91st Congress, 2nd Session.
- Industrial Code Rule 23: State of New York Department of Labor, Bureau of Standards and Appeals, entitled Protection of Persons Employed in Construction and Demolition Work.
- Industrial Code Rule 53: State of New York Department of Labor, Bureau of Standards and Appeals, as relates to Construction and Demolition Operations At or Near Underground Facilities.
Emergency Road Opening
If it becomes necessary to enter upon a town highway for the purpose of making emergency repairs, any person, public utility, municipality and/or municipal subdivision may do so forthwith, provided that within twenty-four (24) hours of the time of making such openings (Saturdays, Sundays or holidays not included) an application for a permit is made thereof pursuant to these rules and regulations.
Openings on Newly Constructed or Resurfaced Roads
No excavation shall be permitted on any newly constructed or resurfaced highway for a period of not less than five years. This subsection does not include any excavation on the right-of-way abutting said newly constructed or resurfaced highway. Should such an opening be required for emergency purposes, permission must be obtained from the Highway Department and restoration plans reviewed and approved by the Department of Engineering.
The Highway Department shall receive at least seventy-two (72) hours' advance written notice, except for emergency work, including a diagram, engineering drawings or the equivalent thereof, of the proposed excavation in any town highway or sidewalk area.
Residents of the project areas must be notified of intentions to close off driveways by use of a form approved by the Town of Hempstead. The permittees shall prepare the necessary number of copies of said form on their own letterhead and distribute the same to the homeowners at least forty-eight (48) hours in advance.
Maintenance of Traffic and Protection of the Public
The following work procedures and construction practices shall be adhered to in order to assure proper maintenance of traffic:
- In those areas where work performed by interferes with vehicular or pedestrian traffic, the permittee shall place and maintain traffic control devices pursuant to the provisions of §§ 1680 and 1682 of the Vehicle and Traffic Law of the State of New York, which require that all traffic control associated with maintenance, repair and construction within the highway limits shall be carried out in accordance with standards set forth in the New York State Manual of Uniform Traffic Control Devices, latest edition. The Commissioner reserves the right to order the correction of any unsafe condition or the installation of additional signs, lights, temporary pavement, plating or other traffic control devices or to order the removal of any and/or all obstructions to traffic.
- The permittee may be required to submit with the permit application a traffic control plan showing all provisions for maintaining, protecting and/or detouring of traffic. Such plan shall show, but not be limited to, all sign locations, sizes, colors, barricades, flashing lights, flag persons, traffic cones, pavement markings, etc., and all in accordance with the above-referenced New York State requirements.
- Whenever a traffic lane is closed or traffic is required to use other than its normal lanes, the local police precinct, fire district and school district must be notified in advance by the permittee.
No town highway shall be closed without prior written notice to and approval of the Commissioner of the Highway Department.
- All procedures and materials shall be in conformance with the latest edition of the Nassau County Specifications for Construction of Highways and Bridges and the Nassau County Traffic Signal Specifications as prepared by the Nassau County Department of Public Works.
- Trench areas shall be kept open as short a time as possible consistent with the installations involved. No trench area shall be left open after working hours.
- As upon request by the Commissioner, a schedule of operations shall be submitted by the permittee.
- A space of at least four (4) feet wide shall be maintained at all times on the side of the right-of-way for the safe use of pedestrians.
- In no case shall sidewalks or pavements be removed or broken unless all subsequent activities needed to complete the permit work proceed without delay thereafter, Where concrete pavement is broken and left in place prior to removal, these pavement areas shall be resurfaced with a temporary asphalt pavement before opening to traffic.
Every precaution shall be taken to prevent the marring or damage to structures such as pavements, curbs, sidewalks, etc., abutting the work as follows:
- Timber planks shall be used to support steel-treaded mobile equipment, and timber blocks or planks shall be placed under all outriggers used to stabilize excavation and other mechanical equipment.
- Loose stones, broken concrete, sand, dirt, debris, etc., shall be swept up daily from the areas adjoining the work.
- Under no circumstances shall the mixing of mortar or concrete or the storage of asphalt be permitted directly on unprotected surfaces adjoining the work.
- Immediately following saw cutting, all residue shall be flushed, broomed and removed from adjoining surfaces.
- All possible care shall be taken to prevent undermining of the adjoining pavement. The use of driven sheeting may be required to prevent such undermining. Any such undermining shall be deemed sufficient reason for the issuance of orders to remove additional pavement.
- The permittee shall have a competent representative at the site while the work is in progress to ensure adherence to the conditions of the permit.
- The permittee shall provide and maintain temporary pavement with hot asphalt mixes flush with the grades of the adjoining surfaces until final restoration.
- No transverse road opening nor a road opening within an intersection may exceed one-third (1/3) the width of the highway, nor shall any more than that same length be blocked by construction, truck loading or unloading or by construction material and barricades at any one time.
- All existing traffic signs temporarily removed for construction shall be carefully stored and must be reinstalled upon completion of work.
- All restorations shall be cut back a minimum of twelve (12) inches on each side of the excavation as necessary to avoid ragged edges on the restored area. The area to be restored shall be increased as necessary to avoid residual strips of existing pavement of less than three (3) feet in the smaller dimension.
- Work must commence within thirty (30) days from the date of the permit and be satisfactorily restored within sixty (60) days thereafter unless otherwise extended, in writing, by the Highway Department.
- Bituminous-type pavement one and one-half (1 1/2) inches minimum compacted asphalt concrete Type 1A, Item 36D, three (3) inches minimum compacted dense-graded base course asphalt concrete Item 22CX-M-2.
- Alternate pavement section one-inch minimum compacted asphalt concrete type AC, Item 36E.
- One and one-half (1 1/2) inches minimum compacted asphalt concrete binder course, Type 1A, Item 36DX-M.
- Four (4) inches minimum compacted dense-graded aggregate base course Item 398.
Oil and bluestone pavement:
- Five (5) inches of Town of Hempstead Item 398 and two (2) inches of top course.
- Where existing pavement is reinforced or contains joint supports, the removal of the pavement shall be performed in such a manner as to allow projection of six (6) inches of the reinforcement and the undisturbed joint supports into the replacement area. If such is not feasible, the permittee shall indicate proposed corrective measures for approval by the Commissioner. Replacement concrete shall be Type II and entrained with additives such as will assure compressive strength cores of two thousand five hundred (2,500) pounds per square inch in forty-eight (48) hours. The concrete shall be of the same thickness as the adjacent undisturbed concrete.
- With the approval of the Town of Hempstead Engineering Department, asphalt concrete base may be used as a replacement for adjacent concrete base on longitudinal cuts only. Where asphalt concrete is used, it shall be two (2) inches thicker than the concrete it replaces.
- The entire panel width must be removed and replaced. Ends of panels must be saw cut if not at a transverse joint.
- In no case shall any portion of the existing panel that is less than six (6) feet from a transverse joint be left in place.
- When concrete base panels with asphalt overlays are to be removed, the asphalt shall be cut back a minimum of six (6) inches onto the adjacent panels to provide a smooth vertical edge.
- Transverse openings shall be saw-cut ninety degrees (90°) to the longitudinal joints.
- Pavement replacement shall be a minimum of two (2) feet on both sides of the trench and a total minimum of six (6) feet wide by the width of the panel.
- In no case shall any portion of the existing panel that is less than six (6) feet in length from a transverse joint of existing crack be left in place.
- Where openings are skewed across the pavement, the concrete replacement must be carried straight across each panel and not staggered.
Road Openings and Road Restoration regulations are governed by Chapter 175 of the Hempstead Town Code.