No person, firm or corporation shall, without
first having obtained from the Village Clerk a written permit for
that purpose:
A.
Dig or cause to be dug for any purpose, any excavation,
trench or other opening in any street, berm or other public place
in the Village of Plandome; or
B.
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, or any
part thereof; or
C.
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 street or other public place in said Village;
or
D.
Move or cause to be moved any building or structure
upon, along or across any street or other public place.
A.
The Village Clerk shall require, as applicable, the
following of any applicant for a street opening permit:
(1)
Reimbursement for the services of the Village Engineer
or other professional retained by the Village relative to the permit.
(2)
Reimbursement for total restoration, as determined
by the Village, of any damage to Village property caused as a result
of the permittee’s work.
(3)
Curb-to-curb resurfacing necessary as a consequence
of the opening/work.
(4)
Milling of road surface necessary as a consequence
of the opening/work.
(5)
Repainting of traffic lines or other pavement markings
necessary as a consequence of the opening/work.
B.
Each applicant shall guarantee the restoration of
said street or other public place to its original condition.
C.
Each applicant shall submit with an application a
bond or cash deposit in an amount equal to the estimated cost of restoration.
If bonded, such bond shall be 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.
D.
Each applicant shall, in writing, hold harmless from
and shall indemnify the Incorporated Village of Plandome for any and
all injury, loss, damage to person or property, either of the Incorporated
Village of Plandome 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.
E.
Every permit for the opening of a street or other
public place shall provide that the person making the opening shall,
immediately after completing the work for which the permit was issued,
backfill or cause the opening be backfilled and shall place thereon
suitable temporary pavement which shall be cared for and maintained
by such person until permanent pavement has been installed, which
must be done within 30 days. Mechanical compacting must be done where
required.
F.
Each 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.
Such disturbed area shall be properly protected at all times so as
to avoid a safety hazard or danger.
A maintenance bond shall be required for all
projects with a cost over $1,000. Such bond shall be in effect for
a period of one year after the completion of the project.
B.
Deposit.
(1)
Each applicant for a permit shall deposit with the
Village Clerk a sum, determined by the Village, sufficient to ensure
the proper safety of and restoration of the Village property involved
should the applicant not comply with those requirements as described
herein.
(2)
In the event the Village property is damaged during the course of permitted work or is in disrepair, the Village shall request that the applicant repair the damage or remedy the disrepair within forty-eight hours after notification. Upon the failure of the applicant to act, the Village may make necessary repairs and deduct the cost of same from such deposit. The Village reserves the right, without waiving its entitlement herein to reimbursement, to correct, without waiting the ten-day period, any condition deemed by the Village to be a danger to the public health, safety and welfare and to repair and resurface all openings in streets. Upon the completion of the work, the Village shall return any unused deposit under § 139-5C. If such deposit was not sufficient to cover the cost of repairing the damage or remedying the disrepair, the permittee shall pay such excess amount.
The person making or causing the opening to
be made shall notify the Village Clerk for inspection and approval
when:
A.
If any person, firm or corporation to whom a permit
to open a street or public place in the Incorporated Village of Plandome
shall fail, neglect or refuse to promptly backfill or cause any such
opening to be backfilled and covered with temporary pavement, the
Village may take emergency action to backfill and cover by temporary
pavement such opening and such person, firm or corporation shall pay
for all actual costs incurred.
B.
If any such person, firm or corporation shall fail,
neglect or refuse, within the time limited by the permit issued to
such person, firm or corporation, to restore to its original condition
the surface of any such street or public place, the same may be restored
by the Village and such person, firm or corporation shall pay for
all actual costs incurred. If, after the opening has been properly
backfilled and the surface of the street or public place has been
properly restored, the unused balance of the deposit, if any, 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.
[Added 7-18-2022 by L.L. No. 2-2023]
A.
OPENING PERMIT
PROTECTED STREET
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An application to open a protected street. "Open" or "opening"
when applied to a road, street or highway in the Incorporated Village
of Plandome shall mean to dig or cause be dug for any purpose, any
excavation, trench or other opening in any such road, street or highway.
Any road, street or highway in the Incorporated Village of
Plandome 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.
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 or other official designated by the Board of Trustees,
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 opening 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 or other official
designated by the Board of Trustees, 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 an opening permit to open a protected
street within such five-year period upon a finding of necessity therefor
and 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 Building Department
prior but shall do so as soon as practicable.
D.
Application.
(1)
Applicants shall include on the opening permit application the
reason necessary and the justification for any street opening activities
on any 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 Clerk
and 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 hand deliver or transmit by facsimile or other electronic means
approved by the Village Engineer, its daily paving schedule to the
Village Engineer or any 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.
(3)
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.
(4)
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 opening permit
application and that all phases of the restoration were performed
in accordance with Village rules, regulations 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 opening permit 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 opening permit application:
(a)
Reasonable engineering fees of the Village Engineer at the rates
approved by the Board of Trustees;
(b)
The legal fees of Board of Trustees;
(c)
Stenographic minutes of meetings and hearings;
(d)
Fees of environmental and planning consultants; and
(e)
Any other necessary and reasonable costs incurred by the Village
relative to the opening permit application.
(2)
Applicants shall be responsible for the proper repair of a protected
street opening or excavation for a period of five years from the date
of completion.
(3)
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.
(4)
Where the opening of a protected street cannot be confined to
within six feet of the curb-line, 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.
(5)
In the event a permanent restoration pavement installed in violation
of the provisions above or otherwise settles more than two inches
below the surrounding existing surface during the life of the backfill
compaction, the applicant shall promptly remove all of the backfill,
down to the subsurface facility, and install new, properly compacted
backfill and shall resurface the applicable protected street in accordance
with the requirements of the Village Engineer.
