[Adopted 5-22-1967 as Art. II of
Ch. 16 of the 1967 Code]
No person shall excavate in or otherwise open
any street or highway in the Village without first obtaining a permit
therefor from the Superintendent of Public Works of the Village as
herein provided.
[Amended 1-7-1991 by L.L. No. 1-1991]
A.
Each application for a street opening permit shall
be accompanied by a deposit of $200 for each five square yards or
less of opening, plus $30 for each additional square yard or fraction
thereof exceeding five square yards. This deposit shall be held by
the Village Clerk pending proper refilling and repaving in accordance
with the specifications relating to and being a part of this article.
In the event that such refilling and repaving is not replaced properly
and exactly within the time prescribed in said specifications, the
full deposit shall be utilized by the Village to complete such work.
All deposits made for street openings shall be retained for a period
of two years as a guaranty of maintenance and performance.
[Amended 3-22-2004]
B.
An applicant hereunder may, in lieu of payment of
the required deposit for each opening, execute to the Village a surety
bond to be approved by the Village in an amount not less than $5,000
for a maximum of 10 street openings or trenches; such bond shall provide
for the applicant to refill and repave the street openings or trenches
in conformity with the specifications. In the event that such refilling
and repaving is not replaced properly and within the time prescribed
in said specifications, all such work involved shall be replaced by
the Village; and upon presentation of its claim to the surety company,
such claim shall be paid to the Village by the surety company. All
bonds held in lieu of a deposit for street openings shall be retained
for a period of two years as a guaranty of maintenance and performance.
The Board of Trustees, upon recommendation by the Superintendent of Public Works, may grant the utilities companies permission to forego the deposit for each street opening provided for herein, with the understanding that full liability for refilling and resurfacing in accordance with the specifications shall be accepted by them and covered by a performance bond. Unsatisfactory work not rectified within the prescribed periods set forth in the specifications shall be completed properly by the Village and billed to the utilities concerned at the rate stated in § 298-16.
Upon application in writing, filed with the
Superintendent of Public Works, stating the purpose, extent, location
and nature of a proposed street opening, the Superintendent of Public
Works may grant or refuse a permit therefor.
[Amended 1-7-1991 by L.L. No. 1-1991]
The fee for a permit hereunder shall be as provided in Chapter A350, Fees, the same to cover the administrative procedures hereof and the costs of inspections.
[Amended 1-7-1991 by L.L. No. 1-1991]
In the event that an applicant shall prefer
to have the Village do the resurfacing provided for herein, arrangements
may be made through the Superintendent of Public Works by paying in
advance for each permitted opening a cost established yearly by the
Village of Massapequa Park, based upon the actual cost to the Village
plus any administrative costs incurred by the Village.
Copies of specifications shall be given to an
applicant hereunder upon the issuance of a permit, and said specifications
shall be and hereby are made a part of this article as fully as if
the same were here set forth at length.
All street openings made for the purpose of
the installation of gas and/or water service shall be made only in
those locations designated by the Village.
There shall be no jetting or tunneling under
a road, and no trench shall be dug across any road or street for any
purpose without special permission.
[Amended 1-7-1991 by L.L. No. 1-1991]
A.
The Department of Public Works shall be notified on
the day of opening and when ready for backfill.
B.
An excavation shall be made the day a tap for water
and/or gas service is to be made, and it shall be backfilled and tamped
immediately after completion of the installation. A temporary blacktop
must be put down.
All work must be properly barricaded at all
times and shall have two or more flares at night in the event that
the installation is not completed the same day. In the event that
holes must be left open overnight or over a holiday or weekend, the
same shall be attended by the contractor or plumber.
[Amended 1-7-1991 by L.L. No. 1-1991]
The Department of Public Works shall be notified
when final restoration is made. After backfill has thoroughly compacted
for a period of 60 days, the area shall be excavated again and cut
back 18 inches on all sides. A six-inch concrete base shall be poured,
leaving room for a two-inch blacktop wearing course. This wearing
course shall consist of an asphalt and stone mixture secured at any
of the local plants. In temperatures above 50º F., a hot plant
mix will be required. In the event the temperature is below 50º
F., sides of the excavation will be evenly cut and sealed with liquid
tar before placement of asphalt mixture. The mixture shall then be
sealed evenly and rolled to a maximum density.
The person making an excavation and responsible
hereunder for restoring the same shall also be responsible for backfilling
excavations in the event that they sink due to heavy rains, thaws
or any other causes.
All work hereunder shall be inspected upon completion
by the Superintendent of Public Works and approved by him before the
bond, certified check or cash deposited by the person making the excavation
is released.
