No person shall alter or disturb the grade of
any street, highway or public place within the Village nor shall any
person disturb the pavement upon any street, highway or public place
in the Village or dig up or excavate any street or highway until said
person shall first obtain from the Village of Williston Park a permit
therefor signed by the Village Clerk, which permit shall not be granted
unless such person desiring the same shall deposit with the Clerk
such sum or sums of money as shall be established by the Board of
Trustees in a schedule based upon the estimated actual costs and expenses
to restore the street, highway or public place to its original condition
or, in lieu thereof, furnish a bond with sufficient sureties, to be
approved by the Village Attorney as to form, to guarantee restoration.
Such work shall be done under the supervision of and in accordance
with the directions of the Village Engineer, leaving the surface thereof
in the same condition substantially as before the excavation or digging
was commenced. This article shall not apply to the construction or
repair of curbs or sidewalks.
The applicant shall pay a fee as provided in Chapter
93, Fees, of this Municipal Code for each opening to be made before the permit applied for is issued.
Each and every permit issued in pursuance of
the terms and provisions of this article shall be at all times in
the possession of the parties actually prosecuting the work.
The applicant for such permit shall have the
duty to properly guard any such excavation by barricades, lights and
such other means as may be necessary to warn travelers on the highway
of the danger of such excavation. No permit shall be construed in
any manner to make liable the Village of Williston Park for any negligence
of such applicant in making such excavation.
Upon completion of the work mentioned in the
preceding sections in accordance with the permit, to be evidenced
by a certificate of the Village Engineer, the Village Clerk shall
return to the applicant any sum so deposited.
In the event of the failure of the applicant
to restore properly any earth or pavement disturbed by the applicant
within three days after notice by mail to such applicant from the
Village Clerk, the earth and pavement shall be restored by the Village
of Williston Park and the costs thereof charged against such applicant.
[Added 3-20-2023 by L.L. No. 2-2023]
A. 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 improvement;
B. 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; and
C. 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 entire street at the permittee' s cost.
D. 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 feet by four feet street opening would require resurfacing
an area 14 feet in length and curb-to-curb, and a six feet by six
feet street opening would require resurfacing an area 16 feet in length
and curb-to-curb
E. In the
case of a trench opening, the entire length of the trench would require
curb to curb resurfacing.
F. In the
case of an unprotected street, the required restoration shall be at
the discretion of the Building Superintendent.