[HISTORY: Adopted by the Board of Trustees of the Village
of New Hyde Park 12-1-2009 by L.L. No. 20-2009. Amendments noted
where applicable.]
A.
No person shall open up, alter the grade, dig or excavate in the
roadbed, pavement or gutters of any street of the Village for any
purpose whatever except upon compliance with the provisions herein,
and no person shall tunnel under the roadbed of any street, in whole
or in part, for any purpose.
B.
No street opening permit shall be issued in accordance with the provisions
hereinafter contained in this chapter unless the applicant has complied
with the following provisions:
(1)
The applicant shall notify the person, corporation or municipality
engaged in the distribution of gas in the area of such street opening.
(2)
The street opening permit as hereinafter set forth is required for
all streets in the Incorporated Village of New Hyde Park, whether
the same are Village streets or roads, county streets or roads or
state highways.
(3)
The deposit and charges as hereinafter set forth shall not be required
where such street opening permit applies to county and state roads
and highways.
(4)
It shall be a condition of the issuance of such street opening permit
that the applicant shall not use any machinery or other mechanical
equipment for excavating in any street in the Incorporated Village
of New Hyde Park within a distance of five feet (measured in a horizontal
plane on the road surface from the vertical upward projection of the
pipeline in question) from any gas transmission line operating at
a pressure in excess of 125 pounds per square inch gauge, running
through such streets or roads, and all digging or excavating within
an area of five feet from such pipe lines or conduits shall be done
by use of hand equipment. This shall not prohibit the use of pneumatic
drills for the fracture of pavement, provided that such drills are
constructed so as to prevent penetration of more than 12 inches, nor
the use of a mechanical backhoe or similar device to remove the fractured
pavement only to a depth of not in excess of 18 inches from the surface.
Pavement breakers involving the use of weights, balls, hydrahammers
and similar equipment shall not be permitted within said hand-digging
area.
Except as provided in § 166-11 hereof, not less than 24 hours prior to the proposed time for such digging or excavating, application shall be made to the Incorporated Village of New Hyde Park Building Department ("Building Department") for a permit therefor. Such application shall state:
A.
The name of the applicant.
B.
The fact that the applicant is either a contractor or a representative
of a division, a department or branch of government, or a utility
corporation, or is a plumber or electrician licensed by the Village,
or a person engaged in some business or occupation whose work requires
such excavation to be made and whose name has been approved and placed
on file with the Village Clerk.
C.
The precise place where the applicant desires to dig or excavate,
with the distance from the nearest street intersection or from the
property abutting the street at the point proposed for excavation.
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 Building Department, in a protected street
for a period of five years from the completion of the street improvement.
In addition to this section, all provisions regarding final restoration
shall apply to protected streets.
A.
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 the work could not have
reasonably been anticipated prior to or during such construction.
Notwithstanding the foregoing provision, the Building Department may
issue a permit to open a street within such five-year period upon
a finding of necessity therefor.
B.
Conditions. Applicants shall be responsible for contacting the Building
Department to determine whether a street is scheduled to be rebuilt
under a street reconstruction project. Notwithstanding the foregoing
provision, an applicant performing emergency work need not contact
the Department.
D.
Restoration.
(1)
No backfill of any opening or excavation on a protected street shall
be performed unless the applicant notifies the Department at least
two hours prior to the scheduled start time for the backfill or except
as otherwise authorized by the Building Department. In no case shall
the applicant commence the backfill prior to the scheduled start time.
For base and wearing courses, the applicant shall fax its daily paving
schedule to the Department prior to commencing work. In addition,
during the backfilling and compaction phase of the work, applicants
must provide, on site, a compaction tester from an approved laboratory
or a licensed certified tester to test that the compaction of the
backfill is in accordance with Department rules and specifications.
(2)
The Department may inspect any phase of the work, including but not
limited to, initial excavation, backfill and compaction, performance
of required cutbacks, and final restoration.
(3)
A certification issued by a New York State licensed professional
shall be provided to the Department within 30 days of the completion
of work on the protected street. The certificate shall state that
the type of work performed was as described in the permit application
and that all phases of the restoration were performed in accordance
with Department rules and specifications.
(4)
Applicants shall be responsible for the proper repair of a street
opening or excavation for a period of five years from the date of
completion.
(5)
All restorations shall conform with the latest version of Nassau
County Standard Specifications and the Department's rules and regulations.
(6)
Where street openings cannot be confined to within eight feet of
the curbline, including the required cutback, and/or within the sidewalk
area, full curb-to-curb restoration shall be required where protected
street status has been in effect for 18 months or less, unless otherwise
directed by the Building Department.
(7)
In the event a permanent restoration pavement installed in violation of the provisions of Subsection D(1) of this section settles more than two inches below the surrounding existing surface during the life of the backfill compaction, the applicant shall remove all of the filed backfill, down to the subsurface facility, and install new, properly compacted backfill.
A.
Such applicant shall deposit with the Building Department such sums
as may be fixed from time to time by resolution of the Board of Trustees
of the Village of New Hyde Park or, in lieu thereof, a performance
bond in such sum as may be fixed from time to time by resolution of
the Board of Trustees of the Village of New Hyde Park. The deposit
required shall be for a concrete road opening or for an asphaltic
road opening.
B.
Street openings repaired by Village.
(1)
All street openings shall be repaired by the Village, and the cost
thereof shall be charged to the applicant at the rate fixed from time
to time by resolution of the Board of Trustees of the Village of New
Hyde Park.
(2)
In making such repairs to road openings, the Village shall square
off the street opening so as to avoid irregular cuts; the repaired
surface shall be so made that the entire repairs shall overlay firm,
unexcavated earth by at least 1 1/2 feet around the entire perimeter
of the excavation.
Each application for a permit shall further 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 this
state, running to the Village, guaranteeing that the applicant has
provided public liability coverage of not less than $1,000,000 and
property damage insurance of $1,000,000 to save the Village harmless
from all claims, actions and proceedings brought by any person for
injury to person or property resulting from or occasioned by any fault
or default of the person to whom the permit is issued or by anyone
acting thereunder on his behalf.
A.
As a condition precedent to receiving a permit, the applicant shall agree that immediately upon completion of his work and when its inspection and approval is required, he will backfill the excavation, using water to properly compact such backfill. Thereafter, when the Village restores the street at the place excavated to complete repair, the cost thereof will be paid by the permittee, the amount due to be billed to the permittee in accordance with the charge schedule in § 166-4 hereof. Until such complete repair has been made, all liability for the condition of the street remains upon the permittee.
B.
In the alternative, upon permission in writing by authorization of
the Board of Trustees, the permittee may himself restore the pavement
to complete repair under supervision of the Building Department, Department
of Public Works and the Village Engineer and in conformity with grades
and specifications to be provided for such work.
[Amended 1-20-2022 by L.L. No. 1-2022]
A.
A permit must be granted for any excavation. Fees for said road openings
range based on excavations up to 25 square feet and larger than 25
square feet.
B.
The fees for any permit required by the provisions of this chapter
shall be at the levels fixed from time to time by resolution of the
Board of Trustees of the Village of New Hyde Park.
When there has been full compliance with the provisions herein
stated and no other objections have appeared, the Village of New Hyde
Park Building Department will issue a permit to the applicant therefor.
Every permittee shall notify the Village of New Hyde Park Building
Department and the Department of Public Works at least 24 hours prior
to starting the work covered by such permit. Like notice shall be
given upon completion of such work.
Each person to whom a permit is issued hereunder must at all
times have it available at the place of the excavation and, upon demand,
show it to the representative of the Village.
A.
Application. In an emergency, such as the breaking of a main or stoppage
or a sewer line or other conditions calling for immediate opening
of a street to prevent loss or injury to property, application may
be made to the Village of New Hyde Park Building Department for an
emergency permit, in person or by telephone, and authority shall be
granted to proceed with the necessary work forthwith.
B.
Notifying police. If such emergency develops during hours when the
Village office is closed, as during the night or on holidays, notification
thereof shall be made to the Nassau County Police Department in person
or by telephone before proceeding with the street opening.
C.
Duties thereafter. It shall be the duty of every person who undertakes to open a street under the provisions of this section to place warning signs, lights and barriers to protect the public and, upon the first day of resumption of regular business at the Village office, to comply with the provisions of §§ 166-2, 166-4, 166-5, 166-6 and 166-7 hereof, to be held in violation of this chapter.
Whenever the surface of a street is disturbed or an opening
made therein, or when as a result of work done thereon there exists
a depression below the surrounding grade or an elevation higher than
the grade because of excess backfill or for other reasons, the persons
to whom the permit was issued or who have caused the hazard shall
provide adequate safeguards to the public by erecting a barrier or
fence of distinctive type or color, marking the outside limits of
the affected area and bearing warning signs distinguishable by day
and adequate numbers of lighted lanterns or flares to give warning
of the danger after dark.
For the infraction of any provision hereof, any permit may be
canceled and permission to do similar work may be withheld from the
offender for a period of three months from the time of such violation.
This penalty is in addition to the following:
A.
Any person, association, firm or corporation which violates any provision
of this chapter or assists in the violation of any provision of this
chapter shall be guilty of a violation of this chapter only and shall
be punishable as follows:
(1)
By a fine of not more than $2,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a first offense.
(2)
By a fine of not more than $5,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a second offense,
provided the first and second offenses were committed within a period
of five years of each other.
(3)
By a fine of not more than $10,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of the third or subsequent
offense or a series of offenses, all of which were committed within
a period of five years.
