[Adopted 10-9-2001 by L.L. No. 6-2001]
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.
A.
No person, firm, association, corporation, special
improvement district, public utility, municipality, 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 Incorporated
Village of Roslyn Harbor without first obtaining a permit from the
Village Clerk.
B.
Any person, firm, association, corporation, special
improvement district, public utility, municipality, 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 any work performed as a result of such alteration shall
be satisfactory to the Village and shall be governed by all requirements
which would have applied had a permit been obtained in advance of
such work being initiated.
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 within the jurisdiction of the Incorporated Village of Roslyn
Harbor shall be in writing and shall state the purpose, extent, location
and nature of the proposed work as well as an estimate of the duration
of the proposed work and when final repaving or resurfacing will occur.
B.
Accompanying every application for a permit filed pursuant to this article shall be the fee and the deposit or bond set forth in Article XV of Chapter 275, Zoning, of this Code. The deposit or bond shall be posted to guarantee to the Incorporated Village of Roslyn Harbor that the proposed work as well as any required restoration shall conform to specifications adopted by the Village Engineer and Maintenance Consultant. The liability of an applicant to perform the proposed work and any required restoration in conformity with such specifications shall not be limited by the amount of the deposit or bond.
C.
Each application for a permit shall also be accompanied
by a certificate of insurance in an amount and in form approved by
the Village Engineer or Maintenance Consultant and issued by an insurance
company authorized to do business within the State of New York naming
the Village as an insured or additional insured, 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, such insurance
to save the Village harmless from and against any and 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. Said policy of insurance
shall also protect the Village in a sum fixed by the Village Engineer
or Maintenance Consultant against any damage caused to any street
or other public property by reason of the work done pursuant to any
permit issued hereunder, and in no event shall coverage for such additional
insurance from damage to a street or other public property be for
less than $10,000.
D.
An applicant shall indemnify the Village and save
it harmless from and against any and all liability which shall result
from any work performed pursuant to any permit issued hereunder. In
addition, each applicant shall indemnify and hold harmless the Village
from and against loss, damage, or expense caused by the failure of
the applicant to perform the proposed work or any restoration thereof
in conformity with specifications adopted by the Village Engineer
and Maintenance Consultant as well as from and against any and all
liability which shall result from any such proposed work or restoration
thereof.
A.
The Village Engineer and Maintenance Consultant 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 be taken during the performance of any such work. All restoration
of utility cuts or road openings on any Village road or street may
include curb-to-curb resurfacing of the street, within the discretion
of the Village Engineer or Maintenance Consultant. The road resurfacing
may 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 and the Maintenance Consultant 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 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 or Maintenance
Consultant if, in the opinion of either the Village Engineer or Maintenance
Consultant, the patch is of such a size and in a location as to not
have a deleterious effect on the road.
D.
Protected/unprotected
streets.
[Added 9-28-2023 by L.L. No. 4-2023]
(1)
A protected street is a street that has been resurfaced or reconstructed
within five years prior to the date of application for a permit. No
street opening activity shall be allowed, except for emergency work
or as authorized by the Village, in a protected street for a period
of five years from the completion of the street improvements;
(2)
Permit issuance. No permit to use or open any street, except for
emergency work, shall be issued to any person within the five-year
period after the completion of the construction of a capital project
relating to such street requiring resurfacing or reconstruction, unless
such person demonstrates that the need for such work could not have
reasonably been anticipated prior to or during such construction.
Notwithstanding the foregoing provision, the Village may issue a permit
within such five-year period upon a finding of necessity therefor;
(3)
If a significant portion, as determined by the Village, of an entire
street is trenched or disturbed so as to materially limit the useful
life of a recently repaired or reconstructed street, then such permittee
shall resurface the portion of the street as desired by the Village
Engineer at the permittee's cost;
(4)
In the case of a street opening, the Village would require curb-to-curb
resurfacing for a distance of five feet in each direction of the opening.
Example: A four-foot-by-four-foot street opening would require resurfacing
an area 14 feet in length and curb-to-curb, and a six-foot-by-six-foot
street opening would require resurfacing an area 16 feet in length
and curb-to-curb;
(5)
In the case of a trench opening, the entire length of the trench
would require curb-to-curb resurfacing; and
(6)
In the case of an unprotected street, the required restoration shall
be at the discretion of the Village Engineer.
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.
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 in necessary to perform such work as is required to
alleviate an unsafe condition and/or 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 or bond
made by the applicant or paid by the surety, as the case may be. The
amount of the deposit or bond shall not be deemed or construed as
a limitation on the liability of the applicant for costs incurred
by the Village.
B.
In the event that an applicant fails to abide by the
specifications issued by the Village Engineer and Maintenance Consultant,
the Village shall provide notice to the applicant of such failure.
If, within 24 hours following receipt of written notice the applicant
has not made and demonstrated to the Village that the applicant has
made satisfactory arrangements to correct the failure, the Village
shall have the right to cancel the permit or otherwise take whatever
action is necessary to remedy the applicant's failure and noncompliance,
and the cost thereof may be charged against the applicant and deducted
from the deposit made by the applicant or paid by the surety, as the
case may be.
C.
In the event the costs incurred by the Village exceed
the amount of the deposit or bond, the Village shall forward to the
applicant at the address contained on the application a statement
setting forth in reasonable detail the excess costs incurred by the
Village. The amount shown to be owed to the Village shall be paid
by the applicant within 20 days following mailing by the Village.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
Includes, but shall not be limited to, roads, gutters, driveways
which lead into roads and curbs and sidewalks adjacent to roads.
A.
Any person, firm, association, corporation, special improvement district, public utility, municipality, state or other public district who or which performs work without obtaining the permit required under this article shall be liable to a penalty as provided in Chapter 1, Article I of this Code 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 Village Engineer and Maintenance Consultant. 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 each shall be liable for a penalty as provided in Chapter 1, Article I of this Code for each day that said work continues following the issuance of a termination order. Said order may be served on the applicant or the person performing said work for the applicant by personal delivery, by telegram, certified mail, return receipt requested, or by overnight mail.
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.
