[Adopted 12-17-1931 by Ord. No. 1; amended 6-26-1979 by Ord. No. 10-1979]
[Amended 5-4-2000 by L.L. No. 3-2000; 12-5-2019 by L.L. No. 19-2019]
No person or corporation shall excavate, open or dig up any public street or public property, including sidewalks, in the Village of Russell Gardens without first obtaining permission, in writing, from the Village Clerk of said village. Such permission may be granted by said Village Clerk whenever application therefor shall be made in the manner provided by this article and upon payment of a permit fee as set forth in the fee schedule established under Chapter 12 of this Code, plus any deposit for restoration as specified under § 45-3 hereof.
[Amended 5-4-2000 by L.L. No. 3-2000; 4-4-2024 by L.L. No. 2-2024]
A. 
Any such application shall be in writing and shall describe with reasonable certainty the place where any such street or other public property is to be excavated, trenched or opened, the purpose to be accomplished thereby and the maximum area in feet of the surface of such street or public property to be affected. Any person or corporation which shall excavate, trench or open any such street or public property pursuant to such permission shall, at his or its expense, restore such street in accordance with the specifications outlined in Subsection B. All restoration of utility cuts or road openings on any Village road or street shall include resurfacing of the entire width of the street, measured from curb to curb, and a portion of the length of the street, extending three feet from both sides of the utility cut or road opening.
B. 
Additional specifications for restoration, closing, maintenance and paving and requirements for backfilling, subsurface preparation, base paving and road resurfacing shall be formulated by the Village Building Inspector in such a manner as to ensure that suitable materials are used and that the work is performed in a safe and workmanlike manner. At a minimum, the specifications shall include the following:
(1) 
Resurfacing shall consist of a one-inch thickness of Nassau County Type 1A top course constructed pursuant to the New York State Department of Transportation Standard Specifications of 1995, as amended.
(2) 
Prior to any resurfacing, milling will be required at curblines, catch basins, electric vaults and traffic magnetometers.
(3) 
All other castings and appurtenances on the affected road surfaces shall be raised and adjusted to meet the new paving grades. These shall include sanitary sewers, drainage, electric and telephone manholes as well as all water and gas valve box castings.
(4) 
Immediately prior to resurfacing, a tack coat shall be applied to the existing road surface pursuant to New York State Department of Transportation specifications.
(5) 
Immediately after resurfacing, all pavement markings shall be restored with thermoplastic markings conforming with Item 697 of the New York State Department of Transportation specifications.
[Amended 5-4-2000 by L.L. No. 3-2000; 12-5-2019 by L.L. No. 19-2019]
Before any such permission shall be granted there shall be deposited with the Village Clerk a sum as set forth in the fee schedule established under Chapter 12 of this Code, unless the Village Board fixes a higher sum, which shall be returned to the applicant when he shall have complied with the provisions of this article, or shall be applied, to the extent necessary, to the reimbursement of the Village for any expense deemed reasonable by its Village Board resulting from the failure of the applicant to comply with the provisions of this article.
[Amended 5-4-2000 by L.L. No. 3-2000]
Any public utility corporation shall deliver to the village a certified check or cash in the sum of not less than $5,000, or in an amount approved by the Mayor and Village Clerk, securing the Village against loss caused by the failure of such public utility corporation to restore any disturbed earth or pavement, and street excavated, opened or dug up by such public utility corporation, to the condition in which it was at the time it was excavated, opened or dug up in accordance with this article.
Any person making an excavation covered by this article shall erect suitable barriers or guards for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares so as to properly illuminate the area, and shall also take all necessary precautions for the protection of life, limb and property of the village and of public service companies or municipal districts and others which may be endangered by such excavation or the work incident thereto and shall comply with all directions given by the Commissioner of Public Works and/or the Village Board with respect to such barriers, lights, flares and protective measures.
Any person committing an offense against any provision of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, Penalties.