[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]
[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]
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.
