Village of Mill Neck, NY Chapter 106 Streets

[HISTORY: Adopted by the Board of the Trustees of the Village of Mill Neck 8-6-1954 by Ord. No. 9; amended in its entirety 7-11-2023 by L.L. No. 7-2023. Subsequent amendments noted where applicable.]

§ 106-1 Permit required for excavation.

No water company, gas company, telephone or electric light company or any person or association of persons shall open and dig up any portion of either a public road, or a private road; unless for repairs of an immediate emergency character to safeguard public health and safety, for any purpose without a written permit from the Village Clerk of the Village; provided, however, that such company or person must notify the Village Clerk immediately of such emergency. In the case of a private road, the Village Clerk shall not issue a written permit unless either the association which owns the road or the owners of the road have consented in writing for the Village Clerk to issue the written permit.

§ 106-2 Permit to provide for repair; fee, insurance and specifications.

A. A permit for the opening of either a public road or a private road shall provide that the party making the opening shall backfill or cause to be backfilled the opening and shall place thereon such temporary pavement as shall be approved by the Village Engineer in the case of a public road, or approved by the association or designee of the owners of the road in the case of a private road, which pavement shall be cared for by the applicant until such time as the Village Engineer in the case of a public road, or the association or designee of the owners of the road in the case of a private road, shall decide that proper settlement to allow the laying of a permanent pavement has taken place, such time, however not to exceed six months. The party making the pavement shall notify the Village Engineer in the case of a public road, or the association or designee of the owners of the road in the case of a private road, when said opening has been backfilled or temporarily paved. The fee for such permit shall be as set forth in Chapter A132, Fees.

B. Each application shall be accompanied by an Acord Certificate of Insurance, copies of additional insured endorsements, evidencing that there is in effect liability insurance stating that the Incorporated Village of Mill Neck, all elected and appointed officials, employees and volunteers of the Village are included as additional insureds per the General Liability including Contractual Liability, Products and Completed Operations, Automobile Liability and Excess Liability (if applicable). Insurance coverage is to be primary and noncontributory to any insurance carried by any additional insured. Waiver of Subrogation is to be included on the Workers Compensation and General Liability in favor of the Additional Insureds. The certificate must also state all work performed at any and all locations. The minimum liability limits are $1,000,000 per occurrence; $2,000,000 aggregate for commercial general liability including contractual liability, products and completed operations, and personal and advertising injury liability; $1,000,000 business automobile liability; Workers Compensation and New York State Disability and Paid Family Leave coverage. Workers Compensation evidence should be provided on a C105.2 form; New York State Disability and Paid Family Leave coverage should be provided on a DB120.2 form. If the applicant does not have Workers Compensation and/or New York State Disability and Paid Family Leave coverage due to a valid exemption, a CE200 form must be provided. The applicant shall also keep such insurance in force at all times during the term of the permit. Further, the applicant will execute a Village-issued hold harmless agreement to indemnify and hold the Village harmless from all damage resulting from activities related to the application.

C. Any permittee making an excavation under this chapter shall erect suitable barriers or guards for the protection of persons using the streets or bicycle paths; 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 other work incident thereto; shall comply with NYS-DOT work zone traffic control measures; and shall keep clear at all times a sufficient and safe passageway for all pedestrians and vehicular traffic.

D. In connection with the operations under such permit, no matter shall be deposited or piled up within 15 feet of any fire hydrant or Village drainage facility.

E. Upon the completion of the work, the road shall be repaired with a minimum of two inches of new asphalt from one edge of the road to the other or from one edge of the road to the center line as determined by the Commissioner of Public Services and/or Village Engineer for the full extent of the repair, pursuant to the engineering specifications provided by the Village.

§ 106-3 Deposit to cover cost of restoration.

Each applicant for a permit other than a water, gas, telephone or electric light company, before the issue of a permit, shall, in addition to the permit fee, deposit with the Village Clerk the sum set forth in Chapter A132, Fees, for an opening in a public road to cover the cost of restoration of the road to the condition before opening.

§ 106-4 Bond in lieu of deposit.

Each water company, gas company, telephone or electric light company, in lieu of the deposit as required in § 106-3 hereof, may execute and deliver to the Village an indemnity bond in the sum set forth in Chapter A132, Fees, guaranteeing restoration of the roads to the condition before the opening was made and to indemnify the Village against a nonperformance thereof.

§ 106-5 Refund of deposit remainder after restoration; additional payment.

After said restoration is made, if the cost has not amounted to the sum deposited to cover the cost, the balance shall be refunded by the Village. If the costs exceeds the sum on deposit, the applicant shall pay such excess amount. A permittee shall notify 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 permittee. Until the granting of such release, the permittee 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 completed work may be observed under normal conditions.

§ 106-6 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding to $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.