[Adopted 11-2-1993 by L.L. No. 2-1993]
A.
The Board of Trustees of the Incorporated Village of Stewart Manor
(hereinafter the "Board") hereby finds the activities which involve
the excavation, alteration or disturbance of Village streets, highways
or other public places have an adverse effect on local traffic patterns
and may create a visual blight which impairs the physical and aesthetic
character of the Village. The Board further finds that to the extent
that excavation activities disturb or alter the condition of Village
streets and highways, such activities pose a potential safety hazard
to motorists, pedestrians and others who use such thoroughfares.
B.
It is the intent of this article to regulate the excavation, alteration
and disturbance of Village streets, highways and other public places
in a manner that will minimize the impact on local traffic patterns
and maintain the aesthetic character of the Village and otherwise
promote the health, safety and general welfare of its residents.
No public service, water, gas, telephone, cable television or
electric light company, municipal corporation, corporation or natural
person shall excavate, alter or otherwise disturb a Village street,
highway or other public place or, in connection therewith, alter or
disturb any curb, driveway apron, gutter, catch basin or other works
within such street, highway or other public place for any purpose
unless a written permit shall be first obtained from the Village Clerk
as hereinafter provided.
[Added 3-7-2023 by L.L.
No. 1-2023]
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-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.
E.
In the case of a trench opening, the entire length of the trench
would require curb-to-curb resurfacing.
Upon application, in writing, filed with the Village Clerk,
stating the nature and purpose of a proposed excavation, alteration
or disturbance of a Village street, highway or other public place,
the Village Clerk may, upon the applicant's compliance with the terms
and conditions set forth in this article, issue a permit therefor.
Each application for a permit hereunder shall be accompanied by a fee as set forth in the current Village Fee Schedule (see Chapter 83, Fees).
A.
Every application for a permit hereunder shall include a suitable
sketch indicating the area of the excavation, alteration or disturbance,
the location of the excavation, alteration or disturbance, the distance
of the excavation, alteration or disturbance from nearby intersecting
streets and curbs and all adjacent sidewalks, curbs, driveway aprons,
gutters and catch basins.
B.
Every application for a permit hereunder shall be accompanied by
a cash deposit or irrevocable letter of credit in an amount which
shall be deemed by the Village Building Inspector and/or Village Engineer
to be adequate to cover the cost of restoring or repaving each street,
highway or other public place and the restoration or reconstruction
of all curbs, driveway aprons, gutters, catch basins or other works
within such a street, highway or other public place to the condition
existing before the excavation, alteration or disturbance was made
and the maintenance thereof for one year and to indemnify the Village
in the event that the applicant shall fail or omit to make or complete
such restoration, repaving or reconstruction to the satisfaction of
the Village Building Inspector and/or Village Engineer.
C.
A public service, water, gas, telephone, cable television or electric light company or municipal corporation may, in lieu of a cash deposit or irrevocable letter of credit, execute and deliver to the Village an indemnity bond of a responsible surety company, to be approved by the Village Attorney, in an amount equal to the cash deposit as required by Subsection B, guaranteeing the restoration or repaving of each street, highway and other public place and the restoration or reconstruction of all curbs, driveway aprons, gutters, catch basins or other works within such a street, highway or other public place to the condition existing before the excavation, alteration or disturbance was made and the maintenance thereof for one year and to indemnify the Village in the event that the applicant shall fail or omit to make or complete such restoration, repaving or reconstruction to the satisfaction of the Village Building Inspector and/or Village Engineer.
D.
Each application for a permit hereunder shall be accompanied by a
certificate of insurance in a form approved by the Village Attorney
and issued by an insurance company authorized to do business in New
York State, evidencing a public liability policy for and on behalf
of the Village, providing for a limit of at least $250,000 for all
damages for bodily injuries for each person and $500,000 for all damages
for bodily injuries in any one accident and a policy for property
damage providing for a limit of at least $25,000 for all damages for
injury to property in any one accident and an aggregate limit of at
least $50,000 for all damages for injury to property during the policy
period. A public service, water, gas, telephone, cable television
or electric light company or municipal corporation may, in lieu of
a certificate of insurance, file with the Village its bond to hold
the Village harmless from all damages to persons or property, including
the defense of any action which may result from the issuance of any
permit and the work in connection therewith.
E.
The Board of Trustees may by resolution or regulation waive or modify
the requirements of this section.
In the event of an emergency situation where it is not possible
to obtain a written permit prior to the excavation, alteration or
disturbance of any street, highway or other public place or the restoration
or reconstruction of curbs, driveway aprons, gutters, catch basins
or other works within such a street, highway or other public place,
an application for a permit shall be made in the manner herein prescribed
within 72 hours of the time of the commencement of such excavation,
alteration or disturbance.
The permittee conducting the excavation, alteration or disturbance
shall backfill or cause to be backfilled the excavation, alteration
or disturbance and shall place thereon such temporary pavement as
shall be approved by the Village Building Inspector and/or Village
Engineer, which pavement shall be maintained by the permittee until
such time as the Village Building Inspector and/or Village Engineer
shall determine that proper settlement has taken place to allow the
laying of a permanent pavement; such time, however, not to exceed
six months. The Village shall be notified of all stages of the work
for purposes of inspection. As a minimum, compliance with the Nassau
County Rules and Regulations Pertaining to Permits for Work on and
within County Roads shall be acceptable for the performance of said
work. The excavation, alteration or disturbance shall be deemed complete
when all affected streets, highways, sidewalks, curbs, driveway aprons,
gutters, catch basins or other works within a street, highway or other
public place have been restored, repaved or reconstructed to the satisfaction
of the Village Building Inspector and/or Village Engineer, and he
shall so certify, in writing, to the Village Clerk.
A.
All work for which a permit has been issued shall be completed prior
to the expiration date of the permit.
B.
A permit shall be valid for 30 days, except as hereafter provided.
C.
A permit shall expire unless work pursuant thereto has been commenced
within 10 days of the date of issuance.
D.
A permit shall be deemed in effect during the time required for the
settling of backfill and restoration of permanent pavement, but in
no event shall the permit continue in effect later than six months
after the date of issuance unless the Mayor shall further extend the
time for good cause.
The Mayor shall have the power to revoke a permit issued hereunder
upon a finding that the permittee has refused, failed or omitted to
comply with any provision of this article.
The cash deposit or remaining balance thereof shall be refunded,
upon request of the applicant, after a period of one year from the
date that the excavation, alteration or disturbance has been certified
by the Village Building Inspector and/or Village Engineer as being
complete.
The permittee shall, within 10 days of written notice by the Village Building Inspector and/or Village Engineer or such other time period as the Village Building Inspector and/or Village Engineer shall deem reasonable under the circumstances, remedy any incomplete or defective work performed under the permit. The permittee's failure to timely comply with the notice by the Village Building Inspector and/or Village Engineer shall be deemed a default under the permit upon which the Village may, in addition to any other penalties or enforcement procedures available under the law, take all actions necessary to remedy the incomplete or defective work at the sole expense of the permittee, who shall be liable for all costs incurred by the Village in remedying the incomplete or defective work, including but not limited to engineering, inspection, expert and legal expenses, up to and above the security provided for in § 160-12B and C hereof. In emergency situations, the Village reserves the right to effect immediate repairs and bill the permittee accordingly.
[Added 10-3-2000 by L.L. No. 3-2000]
Any person violating any provision of this article shall be
liable for a fine not to exceed $250 for each offense or by imprisonment
not exceeding 15 days, or both.
