[Adopted as Ch. X of Part III of the Code of Ordinances 6-10-1981 by L.L. No. 1-1981]
[Amended 11-8-1989 by L.L. No. 25-1989; 6-15-1992 by L.L. No. 2-1992]
A. 
No person other than the municipal authorities of the Village of Hewlett Bay Park shall alter, disturb the grade, open the surface or excavate beneath the surface of any street or public place in the Village of Hewlett Bay Park until and unless a permit shall be obtained therefor, signed by the Clerk of said village. The Village Clerk shall supply a copy of this article with any permit issued pursuant to this section.
B. 
No such permit shall issue until and unless the applicant desiring the same shall, at the time of such application for permit, pay to the Clerk of the village the required fee for such permit and deposit with such Clerk a sum in cash, set by resolution of the Board of Trustees from time to time, to guarantee to properly restore said street or public place to its former condition. In the case of a public utility company, the permit shall not be issued unless the utility company has filed with the Village Clerk a surety bond or undertaking in the sum of at least $60,000 covering all such work to be done by said utility in the current calendar year. In lieu of such cash deposit by any other applicant, the Clerk may accept a surety bond or undertaking executed by a fidelity or surety company authorized to transact business in this state in a form approved by the Village Attorney and in an amount at least 200% of said cash deposit.
C. 
In addition to such permit fee and cash deposit, the applicant shall also pay to the Village prior to issuance of any such permit a sum of money as may be required by resolution of the Board of Trustees for the inspection costs reasonably anticipated to be incurred by the Village for inspection of the work.
D. 
In the event that the area of such work shall be in excess of 150 square feet, the amount of such deposit shall be increased at the rate as set by resolution of the Board of Trustees from time to time per square foot of such additional area.
E. 
All work pursuant to any such permit shall be done in accordance with the directions of the Village Engineer, Village Highway Department or another authorized representative of the Village.
F. 
Any permit issued pursuant to this section, or a true copy thereof, shall be displayed at the work site at all times until the work is completed.
[Added 10-18-1999 by L.L. No. 2-1999]
G. 
Unless otherwise provided by the Board of Trustees at the time of approval of a permit pursuant to this section, or at any subsequent time, the excavation and road opening work authorized pursuant to the permit must commence within 30 days after the issuance of the permit, must be diligently prosecuted at all times during the duration of the permit, and must be completed within 60 days after the issuance of the permit. In addition, unless otherwise so provided by the Board of Trustees, the restoration of the road opening shall be completed, to the satisfaction of the Village requirements, no later than 120 days after issuance of the permit. In the event of failure to comply with any of the foregoing time periods, the permittee shall be deemed to be in default of the permit conditions, and the permit shall be deemed to have expired.
[Added 10-21-2002 by L.L. No. 2-2002]
[1]
Editor's Note: See Ch. A149, Fee Schedule.
[Added 6-15-1992 by L.L. No. 2-1992[1]]
A. 
Notice to public service corporations and municipalities. Whenever any street shall be opened or graded in which the pipes, mains or conduits of any municipal entity or authority or any public service corporation (which, for the purposes of this article, shall include any entity holding a franchise from the Village for operation of a cable television system) are laid, the contractor therefor shall give notice thereof, in writing, to such entity, authority or corporation at least 14 days before breaking ground therefor. The requirement of such notice shall be included in every contract for opening or grading any street in the Village in which such pipes, mains or conduits shall be laid at the time of making such contract.
B. 
Municipal entities and authorities and public service corporations shall protect their property. Municipal entities and authorities and public service corporations whose pipes, mains or conduits are about to be disturbed by the opening or grading of any street shall, upon receipt of the notice provided for in the preceding subsection, remove or otherwise protect and replace their pipes, mains and conduits and all fixtures and appliances connected, therewith or attached thereto, where necessary, under the direction of the Village Engineer or Department of Highways or other authorized representative of the Village.
C. 
All persons having or proposing to install facilities in, on or over any street shall be responsible for reviewing the Village's plans for street improvements and repairs. Such persons shall make provision to do any work, except emergency work, which requires the opening, grading or use of any street prior to or during the improvement or repair of such street by the Village.
D. 
Notwithstanding any other provision of this article, no permit to use, grade or open any street shall be issued to any person within five years after any such street improvement or repair of the area to be opened unless such person demonstrates that such work could not reasonably have been anticipated prior to or during such improvement or repair. Notwithstanding the foregoing, the Board of Trustees may issue a permit to open a street within such five-year period upon a finding of necessity therefor, subject to such conditions as the Board may establish in each such case, including appropriate guaranties, against the deterioration of the restored pavement.
[1]
Editor's Note: This local law also repealed former § 129-2, Recovery of security deposit.
[Amended 6-15-1992 by L.L. No. 2-1992]
A. 
If any pavement which has been removed shall not be relaid to the satisfaction of the Village Engineer, the Village Engineer may cause a written notice to be served upon the person by whom such pavement was removed or, if the pavement was removed for the purpose of making or repairing a connection between any house or lot and any sewer or pipes or conduits in the street or for constructing vaults or otherwise improving any house or lot, upon the owners or occupants of such house or lot, requiring such person or the owner or occupant of such house or lot to have such pavement properly relaid (to the satisfaction of the Village Engineer) within five days after service of such notice.
B. 
Such notice may be served upon the owner or occupant of a house or lot by leaving the same with any person of adult age upon the premises or by posting the same thereupon.
C. 
In the event that the person or persons to whom such notice is given do not relay said pavement as required by this article within such period of time, such person or persons shall be guilty of a violation and shall be subject to the penalties and other remedies provided in this Code for such violations.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. II, Penalties.
D. 
In addition to any such penalties, where such notice has been given and such person or persons to whom the notice has been given do not relay said pavement as required by this article within such period of time, said pavement may be restored by the Village of Hewlett Bay Park, and the cost and expense thereof shall be charged against the deposit paid in accordance with this article or collected by the Village from the principal and surety of any surety bond or undertaking filed in connection with the issuance of any permit, and the applicant for such permit shall be liable to the Village for any deficiency.
[Added 6-15-1992 by L.L. No. 2-1992[1]]
A. 
General provisions. Whenever any pavement, sidewalk, curb or gutter in any street shall be taken up, the person or persons by whom or for whose benefit the same is removed shall restore such pavement, sidewalk, curb or gutter to its proper condition to the Village specification and to the satisfaction of the Village Engineer.
B. 
Rock refills. Whenever rock is excavated, not more than 1/3 of the total excavation shall be refilled with the broken stone, which must be in pieces not exceeding six inches in their largest dimension, mingled with clean earth and sand, and restored in such manner as to ensure the thorough and compact filling of all spaces.
C. 
Restoration in certain cases. Whenever any pavement in any street shall be taken up or any paving stones in a street shall have been removed, the person or persons by whom or for whose benefit the pavement was taken up or paving stones removed shall forthwith return such stones to their former places and shall otherwise restore the pavement to its normal condition to the Village specification and to the satisfaction of the Village Engineer.
D. 
Maintenance of street hardware. All manhole covers, castings and other street hardware shall be maintained flush with the existing surrounding grade. All loose, slippery or broken manhole covers, castings and other street hardware shall be replaced to the Village specification and to the satisfaction of the Village Engineer.
E. 
Payment of cost. If the pavement, sidewalk, curb, gutter or street hardware is not properly restored, replaced or maintained to the satisfaction of the Village Engineer pursuant to this section, the Village may perform said restoration, replacement or maintenance, and the cost and expense thereof shall be charged against the person or persons who took the same up or for whose benefit the same was removed or taken up. Such cost and expense shall be charged against the deposit paid in accordance with this article, if any, or collected by the Village from the principal and surety of any surety bond or undertaking filed in connection with the issuance of any permit for such removal or taking up, and the applicant for such permit or the person or persons who removed or took the same up or for whose benefit the same was removed or taken up shall be liable to the Village for any deficiency.
F. 
Rules and regulations. The Village Engineer is hereby authorized to establish such rules and regulations as, in the judgment of such Village Engineer, may be deemed necessary for the purpose of carrying out the provisions of this section. Such regulations shall provide that any restoration of pavement shall include restoration of all pavement from one side of the street or public place to the other, in a strip at least four feet wider than the area required to be disturbed but not less than six feet wide, except where the Board of Trustees provides otherwise upon request of a person to whom a permit has been or may be issued.
G. 
Reasonable notice of improper or inadequate restoration of pavement or maintenance of street hardware. Except where otherwise expressly provided in this Article and except where the condition of the pavement or hardware is an imminent danger to life or safety, notice of improper or inadequate restoration of pavement or street hardware may be given by ordinary mail. In the case of public service corporations, such notice may be written or oral and shall be given to a representative of such corporation at such place as designated by such corporation, and the utility shall respond within 24 hours.
[1]
Editor's Note: This local law also repealed former § 129-4, Bond of public utility corporation.
Every applicant, by applying for and accepting a permit and by undertaking the work, expressly agrees to protect, indemnify and save harmless the village and its officers and agents from any and all liability or claim of liability and from any and all cost and expense in relation thereto, including counsel fees, in any way arising out of the work.
[Added 7-11-1983 by L.L. No. 3-1983]
A. 
No curb or its equivalent shall be constructed unless and until an application has been filed with the village and a permit therefor has been issued by the Board of Trustees or by some person designated by the Board of Trustees for the purpose.
B. 
The curb shall be of the type commonly known as "Belgian block," of which the individual blocks shall be not less than six inches in height and approximately four to five inches in width, shall be set in a cement or concrete base at least two inches deep, shall project to a uniform height of not less than three inches nor more than six inches above the surface of the ground on the roadway side, shall be firmly cemented together and shall comply with a survey prepared by a licensed surveyor and with specifications prepared by the Engineer of the Village of Hewlett Bay Park. The cost of both the survey and specifications is to be paid by the applicant.