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HomeMy WebLinkAboutLL-1985 #10 LOCAL LAW NO. , 1988 A Local Law in relation to requirements for highway excavations BE IT ENACTED by the Town Board of the Town of $outhold as follows: The Code of the Town of Southold is hereby amended by adding a new chapter thereto, to be chapter 83, to read as follows: 83-1. Short Title This chapter shall be known and may be cited as the "Highway Excavation Law of the Town of Southold". 83-2. Definitions For the purpose of this chapter only, certain words and terms used herein are defined as follows: HIGHWAY - All or any portion of any highway, street, sidewalk, public place or right-of-way owned and/or controlled by the Town of Southold, exclusive, however, of that portion of any highway, street, sidewalk, public place or right-of-way situate within the territorial limits of the Village of Greenport, and exclusive of that portion of any highway, street, sidewalk, public place or right-of-way owned and/or controlled by the County of Suffolk or the State of New York. PERSON Any natural person, firm, partnership, association, corporation, company or other organization. SUPERINTENDENT - The Highway Superintendent of the Town of Southold, New York. TOWN - The Town of Southold.' TOWN BOARD - The Town Board of the Town of Southold. 83-3. Permit required. Ao No person shall remove from or deposit on any highway any material or intentionally injure any highway or cause to be dug or make any hole or excavation in or under a highway or cause to be erected thereon or therein any object without first having obtained a written permit from the Superintendent so to do. This section shall be applicable to and prohibit individuals from depositing materials on public highways as a result of improvement and grading of their property. 83-4. Application. Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: A. The name and address of the applicant. A reasonably adequate description of the proposed work and the reason therefor, including a description of the location of the proposed work. C. A statement as to the time when such work will be commenced and an estimate of the time when such work shall be fully completed and the highway restored to its previous condition as nearly as may be feasible. D. A time schedule showing when various portions of the work will be done. E. A reference to the legal authority of the applicant to perform the proposed work in the public highway. An estimate of the cost of the proposed work, including such detail as may be specified by the Superintendent. G. Such other information as the Superintendent shall deem pertinent to effectuate the purposes of this chapter. 83-5. Insurance coverage. No permit shall be issued until the applicant shall have filed with the Superintendent evidence that the town has been named as a primary insured under any insurance policy extending bodily injury and property damage coverage to the town in amounts of three hundred thousand/five hundred thousand dollars ($300,000./$500,000.) for bodily injury and fifty thousand dollars ($50,000.) for property damage, caused by or attributable to the work to be performed by the applicant, such insurance coverage to be written by an insurance company authorized to do business in the State of New York. 83-6. Security. No permit shall be issued to any applicant until the applicant has posted with the superintendent a surety bond or certified check in such amount as the superintendent may determine necessary to cover the probable expense to the town of replacement by the town of any highway to its former condition and to guarantee the performance by the applicant of any of the conditions contained in the permit and compliance with this chapter. ~ The above bond requirements shall include provision for maintenance by way of a maintenance bond, which bond shall have a duration of two (2) years from the, date of completion of the work under the permit, in case of all excavations with a depth of eighteen (18) inches or less, and a duration of three (3) years from the date of the completion of the work under the permit for all excavations with a depth greater than eigh;teen (18) inches. 83-7. Fees for applications and permits. A. Each application for a permit hereunder shall be accompanied by a fee of twenty-five dollars ($25.) therefor, to be paid to the Town Clerk of the Town of Southold. Permit fees for permits issued pursuant to this chapter shall be as follows: (1) Twenty dollars ($20.) for each service connection excavation. Additional excavations made in connection with the same service connection excavation shall be charged at the rate of ten dollars ($10.) for each additional excavation. (2) Ten dollars ($10.) for the first one hundred (100) linear feet or any part thereof of street excavation and ten cents ($0.10) per linear foot thereafter for all excavations eighteen (18) inches in depth or less. -2- Bo (3) (~) (5) Thirty dollars ($30.) for the first one hundred (100) linear feet or part thereof of street excavation and thirty cents ($0.30) per linear foot thereafter for all excavations between eighteen (18) inches and five (5) feet in depth. Fifty dollars ($50.) for the first one hundred (100) linear feet or part thereof of street excavation and fifty cents ($0.50) per linear foot thereafter for all excavations exceeding fiv~ (5) f~t in depth. Ten dollars ($10.) for each utility repair excavation and five dollars ($5.) for each additional excavation made in conjunction with said repair. The aforementioned fees shall be paid to the Town Clerk prior to the issuance of the permit. 83-8. Notice to public utilities. The superintendent shall require any person making a highway excavation pursuant to permit granted hereunto to give written notice of such excavation to public service companies or municipal districts having lines, mains or other property in the streets, and no work shall be commenced or done under such permit until such requirement of notice has been fully complied with. Proof of mailing of such notice in the form of a sworn statement shall be filed with the application. 83-9. Guarding of excavations and protection of property. Any person making an excavation pursuant to this chapter shall erect a suitable barrier or guard for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of the town and of public set:vice companies or municipal districts and adjoining property owners and others which might be endangered by such excavations or the work incident thereto, and shall comply with all directions given by the superintendent with respect to such barriers, lights, flares and pro~ective measures. 83-10. Regulations and specifications for street opening permits. A. Commencement of ·work. Work under the permit shall be commenced within thirty (30) days from the date of permit and continued in an expeditious manner. Construction. (1) (2) (3) When working on any town road, no pavement cuts or trenches are to be left uncovered or unfilled overnight, except in emergencies, and in such cases adequate precautions must be exercised to protect traffic. When working on any town road, contractors must complete final backfilling (See Subsection E hereof.) of any trench within eighteen (18) days from the day of opening. All pipes or mains crossing highway pavements shall, wherever possible, be driven beneath the roadway without disturbance to the pavement. The point of driving shall not be less than five (5) feet from the edge of pavement. Such crossover pipes shall, whenever possible, be enclosed in sleeves or larger pipes so that repairs or replacements may be made without further disturbance of the roadway pavement. -3- · (4) If the boring method in the driving of crossover pipes is found to be impracticable, the superintendent shall be consulted to determine the manner of placing the pipe by the open-cut method. This request is to be made in writing to the superintendent and may be granted upon such conditions as deemed necessary and proper under the circumstances. I~xcavations; method and type of opening. (1) Openings in concrete roads shall have a mimimum width of five (5) feet. (2) No roads are to be tunneled, but pipes may he driven or trenched across. (3) All openings are to be made either by pinwheel trenching machine or saw-cutting, as specified in the permit. Restoration of excavation; temporary patching. Upon completion of the final backfilling, if final pavement replacing is not to be accomplished within twenty (20) days from day of opening, then the trench will be brought to within two (2) inches of road level and then paved with two (2) inches of asphaltic concrete within twenty (20) days of opening, which shall be placed as a temporary surface in any pavement opening and shall be maintained to the same grade as adjacent pavement. Procedure for final backfilling. Clean fill will be used and the trench shall be compacted in twelve-inch lifts with either vibratory soil compactors or by suitable hydraulic compaction by water jetting at three-foot intervals. F. Final pavement replacing. (1) Concrete. Minimum-~size replacements in concrete or asphalt on concrete base shall be ten by ten (10 x 10) feet, or as directed. In all cases, if the ten-by-ten-foot replacement is within five (5) feet of a joint, the replacement must extend to the joint. Concrete openings shall be saw cut, and the mix shall be high early, New York State Specifications Class F, latest revision. (2) Asphalt. The {rench shall be compacted to within four (4) inches of the road surface. The existing asphalt surface shall then be cut back at least twelve (12) inches on either side of the undisturbed subgrade. At the discretion of the superintendent, the contact surfaces, the patched surfaces and/or adjacent pavement edges shall be painted and sealed with approved bituminous and/or bluestone material before or after placing the course of asphalt, which shall be four (4) inches of New York State Specification 6F hot plant mix. This course shall be rolled with an eight-to-ten-ton roller and surface variations in excess of one fourth (1/4) inch shall be eliminated or the pavement relaid. If temporary patching is not accomplished, final pavement must be completed within twenty (20) days of opening. If temporary patching is accomplished as specified, then final pavement replacing must be completed within thirty (30) days of temporary patching or within such additional time as may be authorized by the superintendent at his discretion upon application. Shoulder areas. If the trenchwork is in the earthen shoulder of the roadway, then proper compaction as outlined in Subsection E above will apply, with the addition of a covering of sod or grass seeding as specified by the superintendent. H. Traffic control. (1) Maintenance and protection of traffic. Traffic is to be maintained at all times during the progress of this work. Adequate signs, barricades and lights, necessary to protect the public, shall be provided in accordance with the provisions of the New York State Manual of Uniform Traffic Control Devices. Flagmen to direct traffic shall be employed continuously during periods when only one-way traffic shall l~e mai~;tained or when equipment is operated in the pavement area. (2) No construction material or equipment shall be left on the pavement after working hours, nor shall any construction equipment or materials be placed in any manner or location that will obstruct highway or railroad warning signs. (3) Barricades, whether sidewalk or roadway area, shall be prominently displayed. For police convenience the address and telephone number of twenty-four hour availability of someone who will reestablish same in an emergency shall be filed with the Town Police Department. (4) Access to adiacent properties shall be maintained. Notification. The applicant will be responsible to notify the superintendent twenty-four (24) hours prior to street opening and closing. Expiration date. The permit shall expire one (1) year from the date of issue of the permit, unless a different expiration date has been specified by the superintendent. 83-11. Completion of work. The applicant shall notify the superintendent when work has been completed, after which an inspection will be made by the superintendent or his duly authorized agent, and upon approval of the work, a release will be granted to the applicant. Until the granting of such a release, the applicant shall remain liable for proper guarding and protection as provided herein. 83-12. Revocation. The superintendent, upo'n a finding that the issuance of a permit was illegal or unauthorized or that the applicant has failed to comply with any of the terms and conditions of the permit or of this chapter, may revoke the permit, and the applicant shall thereupon, with all reasonable speed, forthwith restore the highway to its former condition. 83-13. Responsibility for c~amages; repair· The person to whom such permit is issued shall be responsible for all damages caused to public utilities and shall, under the supervision of the superintendent, replace any cracked or damaged sewer pipe or water main with new pipe and repair or replace damaged ditches, curbs, sidewalks or other improvements so that they shall be in the same or better condition after the excavation as before the excavation · 83-14· Penalties for offenses. Any person who shall violate any of the provisions of this chapter or shall fail to comply with any condition imposed by the permit or shall fail to comply with any lawful order of the superintendent or to discharge any duty imposed by this chapter -5- shall, upon conviction, be deemed to have committed an offense against this chapter and, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.). Each day any such violation shall continue shall constitute a separate and distinct offense. Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the town in the amount of five hundred dollars ($500.) for each such offense. Such penalty shall be collectible by and in the name of the town for each day that such violation shall continue. Co In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town, in a court of competent jurisdiction, to compel compliance with or to restrain by injunction the violation of this chapter. 83-15. Waiving of insurance and bond requirements. Upon special application made to it by any applicant for a permit required under this chapter, and for good cause shown, the Town Board may, in its discretion, waive any of the provisions set forth under sections 83- 5 and 83-6 insofar as it may accept such other insurance and/or indemnification documents as it deems appropriate under the circumstances. II. This Local Law shall take effect on its filing with the Secretary of State. kU6 1 9 ~ ' Date: 7/29/85 Dear Sir/Madam: . Additional forms for filing local laws request, with ibis office will be fO~arded NYS Depar ment of (Please Use [his Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended, Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~--s ,,,¢ So:uthold ........ ~-. ~ Town ...................................................... Local Law No ..........1..0. .............................................. of the year 19 _.8...5. ..... · in relation to requirements for highway excavations. local ,aw .............................................. Be it enacted by the Town Board , of the' ~ (Nme ~ Le~i.l~ive Bo~y) - -,. ,:... 61t~ . Southold- To~ m ............................................................................................................................................................. as follo~a: BE IT ENACTED by .the Town Board of the Town of Southold as follows: I. The Code of' the Town of Southold is hereby amended by .adding new chapter thereto, to be chapter 83, _to read as follows: 83-1. Short Title This chapter shall be known and may be cited as the "Highway Excavation Law Of the Town of S0uthold". 83-2. DefinitiOns For the purpose of this chapter only, certain words and terms used -:. ..-: herein are. defined as follow~: : HIGHWAY - All or any portion of any highway, street, sidewalk, public' place or right-of-way owned and/or controlled by the Town of Southold; exclusive, however, of that' portion of any highway, street, sidewalk, public place or right-of-way situate within the territorial limits of the Village of Greenport, and exclusive of that portion of any highway, street, sidewalk, public place or right-of-way owned and/or controlled by the County of Suffolk or the State of New York. PERSON Any natural person, firm, partnership, association, corporation, company or other organization. SUPERINTENDENT - The Highway Superintendent of the Town of Southold, New York. TOWN - The Town of Southold. TOWN BOARD - The Town Board of the Town of Southold. ~If additional spa? is needed,, ,please attach sheets of the same size as this and number each)"~ Page -1 83-3. Permit required. A. ~No person shall remove from or deposit on any highway any material or intentionally injure any highway or cause to be dug o~ make~a~¥ hole or excavation in or under a /~i~b~a¥~qr cause to' be erected thereon or therein any object without f/rst havi.~g obtained a written permit from the Superintendent so to do. B. This section shall be applicable to and prohibit individuals from depositing materials on public highways as a result of i~;p~ovement and gr~d!.ng of their property. 83-4. Application. Any person desiring a permit shall make application to the Superintendent, upon forms to be provided by him, which application shall set forth the following: The name and address of the applicant. A reasonably adequate description of the proposed work and the reason therefor, including a description of the location of the proposed work. C. A statement as to the time when such work will be commenced and an estimate of the time when such work shall be fully completed and the highway restored to its previous condition as nearly as may be feasible. D. A time schedule showing when various portions of the work will be done. Ge A reference to the legal authority of the applicant to perform the proposed work in the public highway. An estimate of the cost of the proposed work, including such detail as may be specified by the Superintendent. Such ot:he~" information as the Superin;tendent shall deem pertinent to~effectuate the purposes~ofr-~is *chapter- 83-5. Insurance coverage. No permit shall be issued until the applicant shall have filed with the Superintendent evidence that the town has been named as a primary insured under any insurance policy extending bodily injury and property damage coverage to the town in amounts of three hundred thousand/five hundred thousand dollars ($300,000./$500,000.) for bodily iniury and fifty thousand dollars ($50,000.) for property damaqe, caused by or a~tributable to the work to be performed by the applicant, such insurance coverage to be written by an insurance company authorized to do business in the State of New York. 83-6. Security. No permit shall be issued to any applicant until the applicant has posted with the superintendent a surety bond or certified check in such amount as the superintendent may determine necessary to cover the probable expense to the town of replacement by the town of any highway to its former condition and to guarantee the performance by the applicant of any of the conditions contained in the permit and compliance with this chapter. The above bond requirements shall include provision for maintenance by way of a maintenance bond, which bond shall have a duration of two (2) years from the .date of completion of the work under the permit, in case of all excavations with a depth of eighteen (18) inches or less, and a duration of three (3) years from the date of the completion of the work under the permit for all excavations with a depth greater than eighteen (I8) inches. 83-7. Fees for applications and permits. A~ · Each application for a permit hereunder shall be accompanied by a fee of twenty-five',dolfa~s-~;25;) therefor, to be paid-to the Town Clerk of the Tdwn of Southold. Permit fees for permits issued pursuant to this chapter shall be as follows: (1) Twenty dollars ($20.) for each service connection excavation. Additional excavations made in connection with the same service connection e×cavation shah be charged at the rate of ~ i ~llar~ ~$3~,) ~or.~. ~h additional excavation. - ~ ~' (4) (5) Ten dollars ($10.) for the first one hundred (100) linear feet or any part thereof of street excavation and ten cents ($0.10) per linear foot thereafter for all excavations eighteen (18) inches in depth or less. Thirty dollars ($30.) for the first one hundred (100) linear feet or part thereof of street excavation and thirty cents ($0.30) per linear foot thereafter for all excavations between eighteen (18) inches and five (5) feet in depth. Fifty, dollars ($50.) for the first one hundred (100) linear feet or part thereof of street excavation and fifty cents ($0.50) per linear foot thereafter for all excavations exceeding five {5) feet in depth. Ten dollars ($10.) for each utility repair excavation and five dollars ($5.) for each additional excavation made in conjunction with said repair. 'B. The aforementioned fees shall be paid to the Town Clerk prior to the issuance of the permit. 83-8. Notice to public utilities. The superintendent shall require any person making a high,vary excavation pursuant to permit granted hereunto to give written notice of such excavation to public service,'companies or municipal districts having lines, mains 'or other property in the streets, and no work shall be commenced or done under such permit until such requirement of notice has been fully complied with. Proof of mailing of such notice in the form of a sworn statement shall be filed with the application. 83-9. Guarding of excavations and protection of property. Any person making an excavation pursuant to this chapter shall erect a suitable barrier or' guard for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during ~the hours of darkness sufficient lights or flares or retroreflective barricades to properly illuminate or delineate the work area and shall also take all necessary precautions for the protection of the town and of public service companies or municipal districts and adjoining property owners and others which might be endangered by such excavations or the work incident thereto, and shall comply with all directions given by the superintendent with respect to such barriers, lights, flares and protective measures. 83-10. Regulations and specifications for street opening permits. Commencement of work. Work under the permit shall be commenced within thirty (30) days from the date of permit and continued in an expeditious manner. -3- Construction. (1) When working on any town road, no pavement cuts or trenches are to be left uncover~ct:or ~tnfilted ove~ajght~ except in emergencies, and in such cases adequate precautions must be exercised to protec~t traffic. (2) When working on any town road, contractors must complete fina~l backfilling (See Subsection E hereof.) of any trench within eighteen (18~)~ days from .th~ day of openin.g. (3) A]! -pipes or mains crossing highway pavements shall, wherever possible, be driven beneath the roadway without disturbance to the pavement. The point of driving shall not be less than five (5) feet from the edge of pavement. Such crossover pipes shall, whenever possible, be enclosed in sleeves or larger pipes so that repairs or replacements may be made without fur~Lher disturbance of .the roadway pavement. (4) If the boring method in the driving of crossover pipes is found to be impracticable, the superintendent shall be consulted to determine the manner of placing the pipe by the open-cut method. This request is to be made in writing to the superintendent and may be granted upon such conditions as deemed necessary and proper under the circumstances. Excavations; method and type of opening. [1) Openings in concrete roads shall have a mimimum width of five (5) feet. (2) No roads are to be tunneled, but pipes may be driven .or trenched across. (3) All openings are to be made either by .,pinwheel trenching ~ach[ne or saw-cutting, as specified .in the permit. -~Restoration of excavation; temporary patching. Upon completion of the final backfilling, if final pavement replacing is not to be accomplished within twenty (20) days from day of opening, Lhen the trench will be broug.ht to within two (2) inches of road level and then paved with .two (2) inches of asphaltic concrete within twenty (20) days of opening, which shall be placed as a temporary sur'face in any pavement opening and shall be maintained to the same grade as adjacent pavement. Procedure for final backfilling. Clean fill will be used and the trench shal-] be compacted in twelve-inch lifts with either vibratory soil compactors or by suitable hydraulic compaction by water jetting at three-foot intervals. F. Final pavement replacing. Concrete. Minimum-size replacements in concrete or asphalt on concrete base shall be ten by ten (10 x 10) feet, or as directed. In all cases, if the ten-by-ten-foot replacement is within five (5) feet of a joint, the replacement must extend to the joint. Concrete openings shall be saw cut, and the mix shall be high early, New York State Specifications Class F, latest revision. (2) Asphalt. The trench shall be compacted to within four (4) inches of the road surface. The exist~rtg asphalt surface shall then be cut back. at least twelve I12) inches on either side of the undisturbed '~subgracle~,-.~i>the discretion of the superintendent, the contact surfaces, the patched surfaces and/or adjacent pavement edges shall be painted and seated with approved bituminous and/or bluestone material before or after placing the course of asphalt,' which shall be four (4) inches of New York State Specification 6F hot plant mix. This cou, rsa s,ha!! be roi}ed with an eight-to-ten-ton roller and surface variatiorzs, in.excess ot~ on~ fou?II~: .!1/4) inch shall be eliminated or the pavement relald. S~ If temporary patching is not accomplished, final pavement must be completed within twenty (20) days of opening. If temporary patching is,accomplished as specified, then final pavement replacing must be completed within thirty (30) days of temporary patching or within such additional time as may be authorized by the superintendent at his discretion upon application. oulder areas. If the trenchwork is in the earthen shoulder of roadway, then proper compaction as outlined in Subsection E ~ve will .apply, with the addition of a covering of sod or grass as' specified by the superintendent. Ht ~ffic control. Maintenance and protection of traffic. Traffic is to "be maintained at all times during the progress of this work. Adequate signs, barricades and lights, necessary to protect the public, shall be provided in accordance with the provisions of the New York State Manual of Uniform Traffic Control Devices. Flagmen to direct traffic shall be employed continuously during periods when only one-way traffic shall be maintained or when equipment is operated in the pavement area. (2) No construction material or eqlJipment shall be left on the pavement after working hours, nor shall any construction equipment or materials be placed in any manner or location that will obstruct highway or railroad warning signs. (3) Barricades, whether" sidewalk or roadway area, shall be prominently displayed. For police convenience the address and telephone number of twenty-four hour availability of someone who will reestablish same in an emergency shall be filed with the Town Police Department. (4) Access to adjacent properties shall be maintained. Notification. The applicant will be responsible to notify the superintendent twenty-four' (24) hours prior to street opening and closing. Expiration date. The permit shall expire one (1) year from the date of issue of the permit, unless a different expiration date has been specified by the superintendent. 83-11. Completion of work. The applicant shall notify the superintendent when work has been completed, after which an inspection will be made by the superintendent or his duly authorized agent, and upon approval of the work, a release will be granted to the applicant. Until the granting of such a release, the applicant shall remain liable for proper guarding and protection as provided herein. 83~ 12. Revocation. The superintendent, upon a finding that the issuance'of a permit was illegal or unauthorized or that the applicant has failed to comply ~ith any of the terms and conditions of the permit or of this chapter, may revoke the permit, and the applicant shall thereupon, with all reasonable speed, forthwith restore the highway to its former condition. 83-13. Responsibility-~or~,damag~ret~'ir~ ~ '~ The person to whom such permit is issued shall be responsible for all damages caused to'public utilities and shall, under the supervision of the superintendent', replace any cracked or damaged sewer pipe ~r water main with new pipe and repair or replace damaged ditches, curbs, sidewalks or other improvements so that they shall be in the same or better condition after the excavation as before the excavation. 83-14. Penalties for offenses. Any person who shall violate any of the provisions of this~ chapter or shall 'fail to comply with any condition imposed by the permit or shall 'fail to comply with any lawful' order of the superintendent or to discharge any duty imposed by this chapter shall, upon conviction, be deemed to have committed an offense against this chapter and, upon conviction, shall be punished by a fine not exceeding five hundred dollars ($500.). Each day any such violation shall 'continue shall constitute a separate and distinct offense. Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the town in the amount of five hundred dollars ($500..) for each such offense. Such penalty shall be collectible by and in the name of the town for each day that such violation shall continue. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town, in a court of competent iurisdiction, to compel compliance with or to restrain by injunction the violation of this chapter. .. 83-15. Waiving of insurance and bond requirements. Upon special application made to it by any applicant for a permit required under this-'chapter, and for good cause shown, the Town Board may, in its discretion, waive any of the provisions set forth under sections 83- 5 and 83-6 insofar as it may accept such other insurance and/or indemnification documents as it deems appropriate under the circumstances. II. This Local Law shall take effect on its filing with the Secretary of State. -6- '3. (Complete thc certification in the paragraphwMch applies to the filing of this local law and strike out the matter therein which is not apphcaMe.) (Final adoption by local legislative body only.) I hereby certlfy that thelocal law annexed hereto, designated aslocal law No ....... .1..0.. ....... of Cky of Southold of the Town ...................................... was duly passed by the Town Board ................. i;iX;;;';F£'; ............................... on ..... .J.i.u..[Y.:.J...6.: ......................... 19...8...5.. tn accordance with. the applicabtepro'vlsions of.law, (Passage by lee'al legislative body with approval or no disapproval by Elective Chief Executive 0ffieer,* or repassagc after disapproval.) I hereby certify that the local law annexed hereto, designatedas local law No ..................... of County City ' of the Tm'vn of ...................................... was duly passed by the (N~ of Le~i,i~tiw Body) Village not disapproved on .................................................. 19 ........ and was approved by the ....................................................... repassed after disapproval Elective Chief Executive Officer and was deemed.duly adopted'on ........................................................ 19 ........ , in accordance with the applicable'~:'? provisions of law. (Final adoption by referendum.) ._ I hereby certify that the local law annexed hereto, designatedas local law No ................... of 19 ........ County of the City of ...................................... was duly passed by the .................................. ~.....~ ........................................... Town (Name of'L gisl tlw Body) Village not disapproved on ................................................... ~9 ........ and was approved by the ................................................................ repassed after disa~ovaI Elective Chief ~xecutiv~ Off~r ~ , '-, on ...................................................................... 19. ...... :. Such local taw ~as su~itted to the people mandfito~ referendum,and received the affirmative vote of a majority of the ~alified electors voting permissive general thereon at the special election held on ...................................... 2 ............... 19 ........ , in accordance with the a annua[ cable provisions of law. (Subject to permissive referendum,and fjnal adoption because no valid petition filed requesting referendum.) , .., I hereby certify that the Ideal law annexed hereto; designated as local law No ........... ; ....... of 1' County ; City of the Town of ...................................... was duly passed by the ............................................................................... ion (Nam~ of L~tli.llttiv¢ Body) Village not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval Elective Chief Executive Officer ~ .............................................................. [9 ......... Such local law being subject to a permissive recerendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ....... ~ in accordance with the applicable provisions of law. *Elective Chief Executive Officer me~rr~ or include~ the chief cx~eutlvo officer of a county elected on a county.wide bu~ or, ff there be none, the chainnma of the county legislative body, the mayor of a city or village or the mpervisor of n town, where such officer is vested with power to approve or veto local law~ or ordinances. Page 2 (City loeal Ia~v concerning Charter revision proposed by petition.) I he'ebvcertifvGat thelocat law annexed hereto, designated aslocaI law No ..................... of 1.9 ........ of the City oL..[~. .................................................................... having been submitted to referendum pursuant to the 36 p. rovisions of ~ 37 of the ~lunlclpal ttome Rule Law, and having re~elved the affirmative vote~0t'a majority special of the ~ualified electors of such city voting thereon 'at the general election held on .................................. ................ 19 ............ became operative. I hereby certify tim/~ ]oca[ law anted h~o[' flesi~ ~ L~at'~w'No} ..... of 19 ...... of the County of ............. L ................... State of New York, tcving been submitted to the Etecto~ at the General Election of November ........... 19 .......... , pursuant ro subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative yore of a majority o[ the qualified electo~ of the cities of said county as a unit and of a majority of the qualified electors of the towns o[ said county considered as a unit voting at said general erection, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriato certification.] ~ I fu~her c~rti~y that I'have compared the preceding local law with the original on file in this office and that the same is a comect transcript the~e[rom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ........... J. ............... a~ve. / ~C~irk/of the County legiflative body. City. Town o~.~age Cl,;k ox of~c~t designated by local legislative body Date: July 18, 1985 Judith T. Terry, Town Clerk (Seal) (Certification robe executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) . STATE OF NEW YORK COUNTY OF..SUEF. QLK ............................. [, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the focal law annexed hereto. Date: July 18, 1985. Signature Robert W. Tasker, Town Attorney Till~ r';., Southold Town Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 2, 1985 3:00 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN RELATION TO REQUIREMENTS FOR HIGHWAY EXCAVATIONS." Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: At this time I'd like to call a public hearing on a Local Law in relation to requirements for highway excavations. The official notice to be read by Councilman Townsend. COUNCILMAN TOWNSEND: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of June, 1985, a Local Law entitled, "A Local Law in relation to requirements for highway excavations." I. The Code of the Town of Southold is hereby amended by adding a new chapter thereto, to be Chapter 83, to be known and may be cited as the "Highway Excavation Law of the Town of Southold." II. The purpose of Chapter 83 is to provide that no person shall remove from or deposit on any highway any material or intentionally injure any highway or cause to be dug or make any hole or excavation in or under a highway or cause to be erected thereon or therein any object without first having obtained a written permit, upon I~ay- ment of a fee, from the Superintendent of Highways of the Town of Southold to do so. This Chapter shall be applicable to and prohibit individuals from depositing materials on public highways as a result of improvement and grading of their property. Upon application to the Superintendent of Highways, evidence must be submitted that the Town has been named as a primary insured under any insurance policy extending bodily injury and property damage coverage to the Town; surety bond or certified check posted; written notice given and permit secured from public service companies. II1. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 2nd day of July, 1985, at 3:00 o'clock P.M., at which time all interested persons will be heard. Dated: June 18, 1985, Judith T. Terry, Southold Town Clerk." We have proof of publicationr,from The Suffolk Times; the Long Island Traveler- Page 2 - Public Hearing Local Law - Highway Excavations Watchman; proof that it was affixed to the Town Clerk's Bulletin Board by Town Clerk Judith Terry. SUPERVISOR MURPHY: Thank you, Joseph. You've heard the official reading of this proposed Local Law. Is there anyone here would like to make any comments on it in favor of it? (No response.) Anyone like to comment in opposition to this? (No response.) Anyone would like to say anything at all on this proposed Local Law? Any members of the Town Board? (No response.) If not, at this time I'll close this public hearing. Judith T. Terry Southold Town Clerk LEGAL NOTICE old ~ do so NOTICE OF be applicable to and -- hoard of the Tow~ ~_e ~own Hi~hways, ev~dencemustbesu Suffolk County ':~; °' -?uth°ld, mittad that the ~" the 18th ~-~ ~,.~_ew York, on * named as a ~wn h~a been m relation +~ -_ . '~aw tand~ng ~n,s~r~nce policy er. ~hway excaVaUona-, etty d~n~'y inJUry a~d prep. ~. The Code of the Towu nr _T~ow~.; surer7 bona :rgeee~ict_he ooUthold is hereby amended b~ t~eclt posted; wr~**~ adding a new chapter thereto be Chapter 8~, to be ~__ ' to P~ic~_~.rvice COmpanies. may be cited aa ,L~,,°..w~_ and Excavation La ~e rhghway effe~u~n~m~s..Lo?lLawahalltake '~ of State. ~-~ is~' The purpaaa °fC~apter 83 avZ~Pa~ °;f. sa.~ LOcal Law are Pr°mddethatnoperaonahall .n me Office of the tio. on.. · · ~rmi or inten. NOTICE i~ cause ~ ~-~' Y h~hway or G~EN that *~-~ FUROR °r excavation in or trader a high the Tows of~-~,l°wu B°ard of - public heari~_um°l,d will hold a thereon erected or therein any object Hall~,'M~at the ~outhoId To~ without first having obtained a York, on ~.?oa_d, ~outhold, New S .... JUDITH T. STATE OF NEW YORK ) ) ,I8: COUNTY OF SUFFOLK ) --~ANN~-'~NgAS _ of Oreenport, in said County, being duly SWOrn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the ~2 day of_ Dune 19 ×/ Principal Clerk SWorn to before me this ~ ,~ /y ~TIolk Count,~ N~ 4748183 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOC AL LAW PUBLIC NOTICE IS HERE- BY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of June, 1985, a Local Law entitled, "A Local Law in relation to require- ments for highway excava- 1. The Code of the Town of Southold is hereb~ amended by adding a new chapter there- to, to be Chapter 83, to be known and may be cited as the "Highway Excavation Law of the Town of Southold.°' H. The purpose of Chapter - 83 is to provide that no person shall remove from or deposit on any highway any material or intentionally injure any highway or cause to be dug or make any hole or excavation in or under a highway or cause to be erected thereon om therein any object without first having obtained a written permit, upon payment of a fee, from the Superintendent of Highways of the Town of Southold to do so. This Chap- ter shall be applicable to and prohibit individuals from de- positing materials on public highways as a result of im- provement and grading of their prope:rty. Upon applica- tion to the Superintendent of Highways, evidence must be submitted that the Town has been named as a primary insured ur~der any insurance policy extending bodily injury and property damage coverage to the Town; surety bond or certified check posted; written notice given and permit secur- ed from public service com- panies. III. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for / weeks successively, commencing on the ...................... Sworn to before me this ............ : ........ day of ........ ....... 19 Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 ~ NOTI~]~ 15 FURTHER GiV- EN that the Town Board of the Town of Southold will'hold a publia hearing on the afore. said Local Law at the Southold Town Hall, Main Road, South- old, New York, on the 2mi day of July, 1985, at 3:00 o'clock P.M., at which time all inter- ested persons will be heard. DATED: June 18, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK IT.6/27/85(7)