[Adopted 2-22-1971 by L.L. No. 1-1971 as
Ch. 56 of the 1971 Code]
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 article unless the
applicant has complied with the following provisions:
(1)
The applicant shall produce proof of compliance with
§ 322-a of the General Business Law[1] relating to notice to the person, corporation or municipality
engaged in the distribution of gas in the area of such street opening.
[1]
Editor's Note: Section 322-a was repealed
by L. 1980, c. 699, effective 6-26-1980. See now Energy Law § 16-116.
(2)
The street opening permit as hereinafter set forth
is required for all streets in the Village of Rockville Centre, 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 Rockville Center 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 so 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.
Except as provided in § 287-34 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Village Clerk for a permit therefor. Such application shall state:
A.
The name of the applicant.
B.
The fact 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 plan 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.
A.
Such applicant shall deposit with the Clerk of the
Village of Rockville Centre such sums as may be fixed from time to
time by resolution of the Board of Trustees of the Village of Rockville
Centre 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 Rockville Centre. The deposit required shall be
for a concrete road opening or for an asphaltic road opening.
[Amended 12-4-1972]
B.
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 Rockville Centre.
[Amended 1-17-1972; 12-4-1972]
C.
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.
[Amended 5-16-1983 by L.L. No. 6-1983]
Each application for a permit shall further
be accompanied by the certificate of insurance in a form approved
by the Village Counsel 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.
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 § 287-27 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 Chief
Engineer and in conformity with grades and specifications to be provided
for such work.
[Amended 12-4-1972]
A.
No permit shall be granted for any single excavation
which exceeds a surface area of 25 square yards, and a separate permit
shall be required for every additional area of 25 square yards or
fraction thereof where such excavation is in excess of 25 square yards.
B.
The fees for any permit required by the provisions
of this article shall be at the levels fixed from time to time by
resolution of the Board of Trustees of the Village of Rockville Centre.
When there has been full compliance with the
provisions herein stated and no other objections have appeared, the
Village Clerk will issue a permit to the applicant therefor.
Every permittee shall notify 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.
Each person to whom a permit is issued hereunder
must at all time have it available at the place of the excavation,
and upon demand show it to the representative of the Village.
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 Clerk 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 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 §§ 287-26, 287-27, 287-28, 287-29 and 287-30 hereof, to be held in violation of this article.
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.
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 and not in derogation of or in substitution for the general penalties provided in Chapter 1, General Provisions, Article I of this Code.
