[Amended 10-10-2001 by L.L. No. 2-2001]
No person shall lower any curb or change the
grade of any sidewalk, street or road for the purpose of providing
a driveway across such sidewalk, without first having made application
to the Village Clerk, paying a fee as established from time to time
by resolution of the Board of Trustees and obtaining a written permit signed by the Village Clerk
and Building Inspector. Such application shall be in writing accompanied
by a sketch or plan indicating the points on the property line at
which such driveway shall begin and end as measured from the nearest
street intersecting such curb or sidewalk.
No person shall leave or deposit any material
of any kind for building or other purposes in or upon any road, street,
highway, sidewalk (whether paved or unpaved) or other public place
in the Village of Munsey Park, or dig or cause to be dug for any purpose,
any excavation, trench or other opening in any road, street, highway,
sidewalk or other public place in said Village, or dig or remove or
cause to be dug or removed therefrom any earth, stone, sand, gravel
or any other material whatsoever, or tear up or damage any pavement,
sidewalk, crosswalk, drain, sewer, or any part thereof, or erect,
lay or cause to be erected or laid, any telegraph, telephone, light
or other poles or any drain, conduit or other pipe under, in, or over
any road, street, highway, sidewalk or other public place in said
Village, or move or cause to be moved any building or structure upon,
along or across any road, street, highway, sidewalk or other public
place without first having obtained from the Village Clerk a written
permit for that purpose, signed by the Village Clerk and the Building
Inspector. Such permit shall be conditioned upon said work being performed
in such manner that a sufficient and safe passageway for pedestrians
and vehicular traffic will be kept clear at all times, upon the proper
guarding of the same both by night and day so as to avoid accidents
and danger, and upon the complete restoration of said street, highway,
sidewalk or other public place to its original condition; provided,
however, that the Board of Trustees may, in its discretion, condition
the issuance of such permit upon the making and filing of a bond made
by the applicant, as principal, with an insurance company duly authorized
and licensed to do business in the State of New York, as surety, in
such amount as the Board of Trustees may direct, that the applicant
will hold harmless from and will indemnify the Incorporated Village
of Munsey Park for any and all injury, loss damage to person or property,
either of the Incorporated Village of Munsey Park or others, resulting
from or caused by any act or omission of the applicant, his agents,
servants or employees, or any contractor employed by the applicant.
Every permit for the opening of a road, street, highway, sidewalk
or other public place shall provide that the person making the opening
shall, as promptly as possible backfill or cause the same to be backfilled
and shall place thereon suitable temporary pavement which shall be
cared for and maintained by such person until such time as proper
settlement for the laying of permanent pavement shall have taken place,
such time not to exceed six months from the time when such temporary
pavement shall have been laid. The person making or causing the opening
to be made shall notify the Village Clerk when said opening has been
backfilled and temporarily paved and when the laying of permanent
paving has been completed.
[Added 7-14-2021 by L.L. No. 3-2021]
A. A "protected street" is any road, street or highway in the Incorporated
Village of Munsey Park that has been resurfaced, repaved or reconstructed,
in whole or in part, within five years prior to the date of application
for an opening permit. An "opening permit" is an application to open
a protected street. "Open" or "opening" when applied to a road, street
or highway in the Incorporated Village of Munsey Park shall mean to
dig or cause to be dug for any purpose, any excavation, trench or
other opening in any such road, street or highway.
B. Permit issuance. No person shall open or cause to be opened any protected
street, except for repairs of an emergency nature requiring immediate
action to safeguard public health and safety, or as authorized by
the Village Clerk, in a protected street for a period of five years
from the completion of the applicable resurfacing, repaving or reconstruction.
In addition to this section, all provisions regarding final restoration
shall apply to protected streets. No permit to open or cause to be
opened any protected street, except for repairs of an emergency nature
requiring immediate action to safeguard public health and safety,
or as otherwise authorized by the Village Clerk, in a protected street
for a period of five years from the completion of the applicable resurfacing,
repaving or reconstruction shall be issued to any person within the
five-year period after the completion of the resurfacing, repaving
or reconstruction of such protected street. Notwithstanding the foregoing
provision, the Village Clerk may issue a permit to open a protected
street within such five-year period upon a finding of necessity therefor
upon such terms and conditions as determined by the Board of Trustees.
C. Conditions. Applicants for an opening permit shall be responsible
for contacting the Village Clerk to determine whether a street is
a protected street. Notwithstanding the foregoing provision, an applicant
performing emergency work need not contact the department prior but
shall do so as soon as practicable.
D. Application.
(1)
Applicants shall include on the opening permit 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.
E. Restoration.
(1)
The applicant shall provide a restoration plan for any excavation
of a protected street and such plan must be approved by the Village
Engineer, prior to the commencement of any excavation.
(2)
No backfill of any opening or excavation on a protected street
shall be performed unless the applicant notifies the Village Engineer
at least 24 hours prior to the scheduled start time for the backfill
or except as otherwise authorized by the Village Engineer or other
individual designated by the Village Engineer. In no case shall the
applicant commence the backfill prior to the scheduled start time.
For base and wearing courses, the applicant shall fax or transmit
by other electronic means, its daily paving schedule to the Village
Engineer or other individual designated by the Village Engineer, at
least 24 hours 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 the Village's rules and specifications.
F. Payment of costs required.
(1)
In addition to filing fees that may be required elsewhere in
the Village Code and as set from time to time by the Board of Trustees,
on all applications for the opening of a protected street as defined
herein, the applicant shall be liable to the Village and shall pay
the following costs which may be incurred by the Village in processing
the application:
(a)
Engineering fees of the Village Engineer at the rates approved
by the Board of Trustees;
(b)
The legal fees of Village Counsel;
(c)
Stenographic minutes of meetings and hearings; and
(d)
Fees of environmental and planning consultants.
(2)
The Village 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 Village 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 Village 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 Village's rules and regulations
and said compliance must be certified by the Village Engineer.
(6)
Where street openings cannot be confined to within six feet
of the curbline, including the required cutback, full curb-to-curb
restoration shall be required where protected street status has been
in effect for 24 months or less, unless otherwise directed by the
Village.
(7)
In the event a permanent restoration pavement installed in violation of the provisions of Subsection
E(1) or otherwise 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 and shall resurface the applicable street in accordance with the requirements of the Village Engineer.
[Amended 5-8-1985 by L.L. No. 3-1985; 10-10-2001 by L.L. No.
2-2001; 9-9-2009 by L.L. No. 3-2009]
A. Each applicant
for a permit to open a road, street, highway, sidewalk, or other public
place in the Incorporated Village of Munsey Park shall pay a fee as
established from time to time by resolution of the Board of Trustees
for the issuance of such permit.
B. In addition
to the permit fee, the applicant shall deliver to the Village Clerk
a cash deposit to cover the cost of restoring the road, street, highway,
sidewalk, or public place to its condition before opening. The minimum
cash deposit shall be $1,500 and the maximum shall be $50,000, with
the exact amount to be determined by the Building Inspector to ensure
proper restoration by the Village.
C. No deposit
shall be returned unless the work is completed to the satisfaction
of the Village.
[Amended 10-10-2001 by L.L. No. 2-2001]
If any person to whom a permit to open a road,
street, highway, sidewalk or public place in the Incorporated Village
of Munsey Park shall fail, neglect or refuse promptly to backfill
or cause any such opening to be backfilled and covered with temporary
pavement, such opening may be backfilled and covered by temporary
pavement by the Incorporated Village of Munsey Park and such person
shall pay for such backfill at the rate as established from time to
time by resolution of the Board of Trustees per cubic yard, and for
such temporary pavement at the rate as established from time to time
by resolution of the Board of Trustees per square yard; and if any
such person shall fail, neglect or refuse, within the time limited
by the permit issued to such person, to restore to its original condition
the surface of any such road, street, highway, sidewalk or public
place, the same may be restored by the Incorporated Village of Munsey
Park and such person shall pay for such restoration at the rate as
established from time to time by resolution of the Board of Trustees
for the first square yard and as established from time to time by
resolution of the Board of Trustees for each additional square yard
of surface restored. If, after the opening shall have been properly backfilled
and the surface of the road, street, highway, sidewalk or public place
shall have been properly restored, there shall be a balance over and
above the amount of the deposit made as herein provided, then such
balance shall be returned to the person making such deposit; and if
the cost of backfilling and restoration of the surface shall exceed
the sum deposited, the excess shall be paid by such person.
[Amended 10-10-2001 by L.L. No. 2-2001]
In lieu of the deposit provided for in §
157-3 of this chapter, any gas, electric light, water, telephone, telegraph or other public service corporation may make, execute and deliver to the Incorporated Village of Munsey Park its bond, as principal, together with an insurance company duly authorized and licensed to do business in the State of New York, as surety, in the sum of $10,000, conditioned upon the proper backfilling of any and all openings in any road, street, highway, sidewalk or public place and the restoration of the surface thereof to the condition prior to such opening, and guaranteeing its maintenance for a period of one year after such restoration, such bond to be approved as to form and sufficiency of surety by the Board of Trustees before any permits shall be issued.
[Amended 10-10-2001 by L.L. No. 2-2001]
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
II, Penalties. Each day of continuance of an offense shall be considered a separate offense.