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.
A.
Form. Every application for a permit as herein provided
shall be in writing and signed by the applicant on forms which shall
contain a provision that, in consideration of the granting of the
permit, the applicant therefor shall save and keep harmless the Village
of Williston Park from all damages caused by the negligence of such
applicant in making such excavations or in properly guarding the same
or in causing said roadway to be restored to its proper condition.
B.
Insurance. Every applicant shall also obtain public
liability insurance for personal injury, including death and property
damage, in such amounts as may be established by the Board of Trustees
and furnish the Village a certificate of insurance cancelable only
on 10 days' written notice and to be approved as to form by the Village
Attorney before any permit is issued.
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.
A.
General bond. Public service corporations may, in
lieu of filing a separate bond for each street opening, file with
the Village Clerk a general bond, to be approved as to form, amount
and sufficiency of sureties by the Village Attorney, conditioned upon
the proper restoration of streets and public places in accordance
with the directions of the Village Engineer or other Village official
designated by the Board of Trustees and to his or her satisfaction;
the payment to the Village, upon demand, of any cost and expenses
incurred by the Village; and the saving of the Village of Williston
Park, its officers and employees harmless from any loss, injury or
damage due to opening streets or public places or to any negligence
or fault of such corporation, its employees or agents in connection
therewith.
B.
Separate permits not required; amount of bond. Public service corporations and all other persons engaged within the Village of Williston Park in the telephone, gas or electric business or any other business the nature of which would require or result in frequent applications for permits to make constructions or excavations in the streets or public places of the Village shall not, however, be required to obtain separate permits, but in all such cases a general bond as heretofore mentioned in Subsection A of this section may be given in lieu of any permit as required in § 192-10. Said bond shall be in the amount as determined by the Board of Trustees and shall be renewed annually for as long as such public service corporation or person continues to do business within the Village of Williston Park.
C.
Notification required.
(1)
Notwithstanding the foregoing, public service corporations
or persons regularly engaged in a similar business who or which have
furnished a general bond shall advise the Village Clerk, in writing,
as soon as feasible but no later than 30 days prior to making any
obstructions or excavations of their intention to do so, except in
case of an emergency, in which event notification shall be made as
soon as possible prior to or after the emergency and need not be in
writing.
(2)
The Village Engineer shall have the power and authority
to direct any such public service corporations or persons to coordinate
their work with the Village, its independent contractors or other
persons authorized to make excavations or work in streets or public
places.
D.
Restoration of improvements. Excavations made by public service corporations
or persons engaged in a similar business who or which have furnished
a general bond as aforesaid must restore the street or public place,
including pavement, curbing and other improvements, at their own expense
and in accordance with the regulations and schematics included in
Appendix A of this chapter[1] and in accordance with the direction of the Superintendent
of Highways, the Superintendent of Buildings, or the Village Engineer.
The regulations and schematics included in Appendix A may be amended
from time to time by resolution of the Board of Trustees.
[Amended 6-17-2019 by L.L. No. 6-2019]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[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.
