[Adopted 5-15-1973 by L.L. No. 7-1973]
The Board of Trustees of the Village of Great
Neck Plaza hereby finds that its existing ordinances which apply to
street openings are inadequate and do not vest the Superintendent
of Public Works with sufficient flexibility to ensure that work is
done in a proper manner. The Board of Trustees therefore finds that
it is necessary to adopt this article in order to establish general
standards governing the issuance of permits for street openings.
A.
No person, firm, association, corporation, special
improvement district, public utility, municipal, state or other public
district shall open, dig up, cut, remove, lower, raise, create new
access or egress to or from any street or in any other way alter any
street or portion thereof within the jurisdiction of the Village without
first obtaining a permit from the Superintendent of Public Works.
B.
Any person, firm, association, corporation, special
improvement district, public utility, municipal, state or other public
district may alter a street or portion thereof without first obtaining
a permit if a condition exists which creates an immediate danger of
personal injury or property damage, provided that application for
a permit is made at the earliest possible opportunity and further
provided that said work shall be governed by all requirements which
would have applied had a permit been obtained in advance of said work
being initiated.
As used in this article, the following terms
shall have the meanings indicated:
A repair to a street or road, made after an excavation to
afford access to an underground utility or fixture, or a repair of
damage to a street or road surface caused by the placement of equipment
thereon or construction activities adjacent to or within the street
or road.
[Added 12-1-1999 by L.L. No. 14-1999]
An individual, a partnership, a corporation, an association,
a joint-stock company, a trust, any unincorporated organization or
a government or political subdivision thereof.
The area on each side of the road from the property line
to the gutter line or, if there is a curb, to the roadway side of
the curb.
Includes but shall not be limited to roads, gutters, driveways
which lead into roads and curbs and sidewalks adjacent to roads.
A.
Every application for a permit to open, dig up, cut,
remove, lower, raise or in any other way alter any street or portion
thereof with the jurisdiction of the Village shall be in writing and
shall state the purpose, extent, location and nature of the proposed
work.
B.
A fee of $250 shall be charged for each four-foot-by-four-foot
(or smaller) opening encompassed in a permit application, plus $10
for each additional square foot or part thereof, and in addition,
the applicant shall deposit with the Village Clerk such sum of money
as is required by the Superintendent of Public Works, which deposit
shall be based on the size and location of the proposed work and shall
be posted to guarantee to the Village that the proposed work as well
as any required restoration shall conform to the specifications adopted
by the Superintendent of Public Works.
[Amended 12-1-1999 by L.L. No. 14-1999; 1-6-2021 by L.L. No. 1-2021]
C.
Each application for a permit shall also be accompanied
by a certificate of insurance in an amount and in form approved by
the Superintendent of Public Works and issued by an insurance company
authorized to do business within the State of New York running to
the Village, which insurance shall in no event be less than $250,000/$500,000
for bodily injury liability and no less than $100,000 for property
damage liability to save the Village harmless from all claims, actions
or proceedings brought by any person for injury to person or property
resulting from or occasioned by any fault or default by the Village,
its employees or agents or by the person to whom the permit was issued
or anyone acting thereunder. The policy shall also protect the Village
in a sum fixed by the Superintendent of Public Works which shall in
no event be less than $10,000 against any damage caused to any street
or other public property by reason of the work done pursuant to any
permit issued hereunder
D.
Except in cases of emergency, i.e., when a condition exists which
creates an immediate danger of personal injury or substantial property
damage, no permit may be issued under this article for work to be
done within two years after a street or public roadway or portion
thereof has been newly paved or repaved.
[Added 1-6-2021 by L.L.
No. 1-2021]
[Amended 12-1-1999 by L.L. No. 14-1999]
A.
The Village Engineer shall by rule adopt specifications
relating to the manner in which work is to be performed, the materials
that are to be used and the precautions that must he taken during
the performance of any such work. All restoration of utility cuts
or road openings on any Village road or street shall include curb-to-curb
resurfacing of the street. The road resurfacing shall include the
entire road surface to the stop lines of the nearest street intersections
on both sides of the patch.
B.
Specifications shall be formulated by the Village
Engineer in such a manner as to ensure that the materials used are
suitable for the purpose and that the work is performed in a safe
and workmanlike manner. These specifications shall be attached to
any permit which is issued pursuant to the provisions of this article,
and the applicant shall be required to conform to these specifications
as a condition to the issuance of said permit. The specifications
shall set forth regulations and requirements for backfilling, subsurface
preparation, base paving and road resurfacing.
C.
The requirements for road resurfacing may be waived
or modified at the sole discretion of the Village Engineer if, in
the Village Engineer's opinion, the patch is of such a size and in
a location as to not have a deleterious effect on the road.
No work may be commenced under any permit granted
pursuant to this article unless or until such notice as shall be directed
by the Superintendent of Public Works shall have been given public
service corporations and such other entities, persons, associations
or corporations as have lines, mains or other property in the streets
so as to permit them to protect their property.
Each permit issued pursuant to the terms of
this article shall all times be in the possession of the parties actually
performing the work.
The Village by the issuance of any such permit
assumes no responsibility for supervising the work of any applicant
or for the work actually performed by any applicant and shall not
be liable for the negligence of any such applicant.
A.
In the event that an unsafe condition is created in
connection with any work being performed pursuant to a permit issued
hereunder, which condition creates an immediate danger of personal
injury or property damage, the Village shall have the right to take
whatever action is necessary and perform such work as is required
to restore the same to a proper and safe condition, and the cost thereof
shall be charged against the applicant and may be deducted from the
deposit made by him or paid by the surety as the case may be.
B.
In the event that an applicant fails to abide by the
specifications issued by the Superintendent of Public Works, the Village
shall have the right after 24 hours' written notice to the applicant,
if said applicant has not made satisfactory arrangements to correct
the situation, to cancel the permit or otherwise take whatever action
is necessary to remedy the applicant's noncompliance, and the cost
thereof may be charged against the applicant and deducted from the
deposit made by him or paid by the surety as the case may be.
[Amended 6-19-1996 by L.L. No. 4-1996]
A.
Any person, firm, association, corporation, special
improvement district, public utility, municipal, state or other public
district which performs work without obtaining the permit required
hereunder shall be liable to pay a penalty not to exceed $250 or be
imprisoned for not more than 15 days, or both, for each day work is
conducted without such permit.
B.
The Village may prohibit the continuation of work
being performed pursuant to a permit in the event that such work is
being performed in a manner inconsistent with the specifications adopted
by the Superintendent of Public Works. If the Village issues an order
in writing which requires said work to terminate, and if the applicant
and/or the person performing said work for the applicant fails to
obey such order, then both the applicant and the person performing
such work shall be deemed to have violated this article and shall
be liable for a fine up to $250 or be imprisoned for not more than
15 day, or both, for each day that said work continues. Said order
may be served on the applicant or the person performing said work
for the applicant by personal delivery, by telegram or by certified
mail, return receipt requested.
This Article shall supersede all other local
laws, ordinances, resolutions, rules and regulations of the Village
of Great Neck Plaza to the extent that they are inconsistent with
this article. Ordinance No. 4 of the Village of Great Neck Plaza,
entitled "Street Openings and Excavations," is hereby repealed.
