[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]
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, opened or dug up, 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, dig up or open any such
street or public property pursuant to such permission shall, at his
or its expense, restore such street to the condition in which it was
at the time when it was excavated, opened or dug up. 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
intersections on both sides of the patch.
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.
