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.
As used in this article, the following terms
shall have the meanings indicated:
PATCH
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]
PERSON
An individual, a partnership, a corporation, an association,
a joint-stock company, a trust, any unincorporated organization or
a government or political subdivision thereof.
SIDEWALK
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.
STREET
Includes but shall not be limited to roads, gutters, driveways
which lead into roads and curbs and sidewalks adjacent to roads.
[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.
[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.