Village of New Hyde Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 12-1-2009 by L.L. No. 20-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 57.
Moving of buildings — See Ch. 61.
Demolition permits — See Ch. 71.
Streets and sidewalks — See Ch. 165.

§ 166-1 Compliance with provisions.

A. 
No person shall open up, alter the grade, dig or excavate in the roadbed, pavement or gutters of any street of the Village for any purpose whatever except upon compliance with the provisions herein, and no person shall tunnel under the roadbed of any street, in whole or in part, for any purpose.
B. 
No street opening permit shall be issued in accordance with the provisions hereinafter contained in this chapter unless the applicant has complied with the following provisions:
(1) 
The applicant shall notify the person, corporation or municipality engaged in the distribution of gas in the area of such street opening.
(2) 
The street opening permit as hereinafter set forth is required for all streets in the Incorporated Village of New Hyde Park, whether the same are Village streets or roads, county streets or roads or state highways.
(3) 
The deposit and charges as hereinafter set forth shall not be required where such street opening permit applies to county and state roads and highways.
(4) 
It shall be a condition of the issuance of such street opening permit that the applicant shall not use any machinery or other mechanical equipment for excavating in any street in the Incorporated Village of New Hyde Park within a distance of five feet (measured in a horizontal plane on the road surface from the vertical upward projection of the pipeline in question) from any gas transmission line operating at a pressure in excess of 125 pounds per square inch gauge, running through such streets or roads, and all digging or excavating within an area of five feet from such pipe lines or conduits shall be done by use of hand equipment. This shall not prohibit the use of pneumatic drills for the fracture of pavement, provided that such drills are constructed so as to prevent penetration of more than 12 inches, nor the use of a mechanical backhoe or similar device to remove the fractured pavement only to a depth of not in excess of 18 inches from the surface. Pavement breakers involving the use of weights, balls, hydrahammers and similar equipment shall not be permitted within said hand-digging area.

§ 166-2 Application for permit.

Except as provided in § 166-11 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Incorporated Village of New Hyde Park Building Department ("Building Department") for a permit therefor. Such application shall state:
A. 
The name of the applicant.
B. 
The fact that the applicant is either a contractor or a representative of a division, a department or branch of government, or a utility corporation, or is a plumber or electrician licensed by the Village, or a person engaged in some business or occupation whose work requires such excavation to be made and whose name has been approved and placed on file with the Village Clerk.
C. 
The precise place where the applicant desires to dig or excavate, with the distance from the nearest street intersection or from the property abutting the street at the point proposed for excavation.

§ 166-3 Protected streets.

A protected street is a street that has been resurfaced or reconstructed within five years prior to the date of application for a permit. No street opening activity shall be allowed, except for emergency work or as authorized by the Building Department, in a protected street for a period of five years from the completion of the street improvement. In addition to this section, all provisions regarding final restoration shall apply to protected streets.
A. 
Permit issuance. No permit to use or open any street, except for emergency work, shall be issued to any person within the five-year period after the completion of the construction of a capital project relating to such street requiring resurfacing or reconstruction, unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing provision, the Building Department may issue a permit to open a street within such five-year period upon a finding of necessity therefor.
B. 
Conditions. Applicants shall be responsible for contacting the Building Department to determine whether a street is scheduled to be rebuilt under a street reconstruction project. Notwithstanding the foregoing provision, an applicant performing emergency work need not contact the Department.
C. 
Application.
(1) 
Applicants shall include on the application the justification for any street opening activities on protected streets.
(2) 
The applicant shall attach the protected street opening permit application attachment to the street opening permit application prior to obtaining the permit.
D. 
Restoration.
(1) 
No backfill of any opening or excavation on a protected street shall be performed unless the applicant notifies the Department at least two hours prior to the scheduled start time for the backfill or except as otherwise authorized by the Building Department. In no case shall the applicant commence the backfill prior to the scheduled start time. For base and wearing courses, the applicant shall fax its daily paving schedule to the Department prior to commencing work. In addition, during the backfilling and compaction phase of the work, applicants must provide, on site, a compaction tester from an approved laboratory or a licensed certified tester to test that the compaction of the backfill is in accordance with Department rules and specifications.
(2) 
The Department may inspect any phase of the work, including but not limited to, initial excavation, backfill and compaction, performance of required cutbacks, and final restoration.
(3) 
A certification issued by a New York State licensed professional shall be provided to the Department within 30 days of the completion of work on the protected street. The certificate shall state that the type of work performed was as described in the permit application and that all phases of the restoration were performed in accordance with Department rules and specifications.
(4) 
Applicants shall be responsible for the proper repair of a street opening or excavation for a period of five years from the date of completion.
(5) 
All restorations shall conform with the latest version of Nassau County Standard Specifications and the Department's rules and regulations.
(6) 
Where street openings cannot be confined to within eight feet of the curbline, including the required cutback, and/or within the sidewalk area, full curb-to-curb restoration shall be required where protected street status has been in effect for 18 months or less, unless otherwise directed by the Building Department.
(7) 
In the event a permanent restoration pavement installed in violation of the provisions of Subsection D(1) of this section settles more than two inches below the surrounding existing surface during the life of the backfill compaction, the applicant shall remove all of the filed backfill, down to the subsurface facility, and install new, properly compacted backfill.

§ 166-4 Deposit; charges; repair of street openings.

A. 
Such applicant shall deposit with the Building Department such sums as may be fixed from time to time by resolution of the Board of Trustees of the Village of New Hyde Park or, in lieu thereof, a performance bond in such sum as may be fixed from time to time by resolution of the Board of Trustees of the Village of New Hyde Park. The deposit required shall be for a concrete road opening or for an asphaltic road opening.
B. 
Street openings repaired by Village.
(1) 
All street openings shall be repaired by the Village, and the cost thereof shall be charged to the applicant at the rate fixed from time to time by resolution of the Board of Trustees of the Village of New Hyde Park.
(2) 
In making such repairs to road openings, the Village shall square off the street opening so as to avoid irregular cuts; the repaired surface shall be so made that the entire repairs shall overlay firm, unexcavated earth by at least 1 1/2 feet around the entire perimeter of the excavation.

§ 166-5 Insurance.

Each application for a permit shall further be accompanied by a certificate of insurance in a form approved by the Village Attorney and issued by an insurance company authorized to do business in this state, running to the Village, guaranteeing that the applicant has provided public liability coverage of not less than $1,000,000 and property damage insurance of $1,000,000 to save the Village harmless from all claims, actions and proceedings brought by any person for injury to person or property resulting from or occasioned by any fault or default of the person to whom the permit is issued or by anyone acting thereunder on his behalf.

§ 166-6 Backfill provisions.

A. 
As a condition precedent to receiving a permit, the applicant shall agree that immediately upon completion of his work and when its inspection and approval is required, he will backfill the excavation, using water to properly compact such backfill. Thereafter, when the Village restores the street at the place excavated to complete repair, the cost thereof will be paid by the permittee, the amount due to be billed to the permittee in accordance with the charge schedule in § 166-4 hereof. Until such complete repair has been made, all liability for the condition of the street remains upon the permittee.
B. 
In the alternative, upon permission in writing by authorization of the Board of Trustees, the permittee may himself restore the pavement to complete repair under supervision of the Building Department, Department of Public Works and the Village Engineer and in conformity with grades and specifications to be provided for such work.

§ 166-7 Permits and fees.

A. 
No permit shall be granted for any single excavation which exceeds a surface area of 25 square feet, and a separate permit shall be required for every additional area of 25 square feet or fraction thereof where such excavation is in excess of 25 square feet.
B. 
The fees for any permit required by the provisions of this chapter shall be at the levels fixed from time to time by resolution of the Board of Trustees of the Village of New Hyde Park.

§ 166-8 Issuance of permits.

When there has been full compliance with the provisions herein stated and no other objections have appeared, the Village of New Hyde Park Building Department will issue a permit to the applicant therefor.

§ 166-9 Notification at start and completion of work.

Every permittee shall notify the Village of New Hyde Park Building Department and the Department of Public Works at least 24 hours prior to starting the work covered by such permit. Like notice shall be given upon completion of such work.

§ 166-10 Permit available for inspection.

Each person to whom a permit is issued hereunder must at all times have it available at the place of the excavation and, upon demand, show it to the representative of the Village.

§ 166-11 Emergencies.

A. 
Application. In an emergency, such as the breaking of a main or stoppage or a sewer line or other conditions calling for immediate opening of a street to prevent loss or injury to property, application may be made to the Village of New Hyde Park Building Department for an emergency permit, in person or by telephone, and authority shall be granted to proceed with the necessary work forthwith.
B. 
Notifying police. If such emergency develops during hours when the Village office is closed, as during the night or on holidays, notification thereof shall be made to the Nassau County Police Department in person or by telephone before proceeding with the street opening.
C. 
Duties thereafter. It shall be the duty of every person who undertakes to open a street under the provisions of this section to place warning signs, lights and barriers to protect the public and, upon the first day of resumption of regular business at the Village office, to comply with the provisions of §§ 166-2, 166-4, 166-5, 166-6 and 166-7 hereof, to be held in violation of this chapter.

§ 166-12 Warning devices.

Whenever the surface of a street is disturbed or an opening made therein, or when as a result of work done thereon there exists a depression below the surrounding grade or an elevation higher than the grade because of excess backfill or for other reasons, the persons to whom the permit was issued or who have caused the hazard shall provide adequate safeguards to the public by erecting a barrier or fence of distinctive type or color, marking the outside limits of the affected area and bearing warning signs distinguishable by day and adequate numbers of lighted lanterns or flares to give warning of the danger after dark.

§ 166-13 Penalties for offenses.

For the infraction of any provision hereof, any permit may be canceled and permission to do similar work may be withheld from the offender for a period of three months from the time of such violation. This penalty is in addition to the following:
A. 
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation of this chapter only and shall be punishable as follows:
(1) 
By a fine of not more than $2,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
(2) 
By a fine of not more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a second offense, provided the first and second offenses were committed within a period of five years of each other.
(3) 
By a fine of not more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offense or a series of offenses, all of which were committed within a period of five years.