The Board of Trustees of the Incorporated Village
of Roslyn Harbor hereby finds that its existing ordinances applicable
to street openings are inadequate and do not vest in the Village sufficient
flexibility to ensure that work performed after a street opening is
done in a manner which is satisfactory to the Village. The Village
has recently completed the repaving of some roads within its jurisdiction
and is contemplating and is in the process of arranging for a repaving
of the majority of the roads owned by it within the Village. The Board
believes that any repaving of Village streets should, if properly
safeguarded, last for a long period of years but finds that when a
utility cut or other street opening is made in the Village's roads,
patchwork repairs of such road cuts and openings are often unsightly
and often lead to water damage, cracks and potholes thereby causing
the Village to incur unnecessary and premature repair expenses. 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 and repairs and repaving of streets
following a street opening and that it will benefit the health, welfare
and safety of the Village and its residents to give the Village Engineer
and the Village Maintenance Consultant the obligation and authority
to adopt and impose specifications relating to road resurfacing in
connection with utility cuts in Village roadways and road opening
work done pursuant to street opening permits.
No work may be commenced under any permit granted
pursuant to this article unless and until such notice as shall be
directed by the Village Engineer and Maintenance Consultant shall
have been given to public service corporations and such other entities,
persons, associations or corporations that may 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 at all times be in the possession of the parties
actually performing the work and shall be displayed to any representative
of the Village upon request.
The Village, by the issuance of any permit pursuant
to the provisions of this article, 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.
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 or
cut 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.
PERSON
An individual, partnership, corporation, association, limited
liability company, limited liability partnership, joint-stock company,
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 paved portion of the road or, if there is a curb, from the
property line 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.
This article shall supersede all other local laws, ordinances, resolutions, rules and regulations of the Incorporated Village of Roslyn Harbor to the extent that they are inconsistent with this article, including Article
I, General Regulations, of this chapter.