No municipal corporation (other than the Village of East Rockaway),
public utility corporation, corporation, person or association of
persons shall excavate or open the surface of any public street, road,
highway or right-of way which is open to public motor vehicular traffic,
or any street, road, highway or right-of-way or part thereof in and
over which the Village shall have jurisdiction or shall in any way
alter any curbing, gutters, gutter basins, drainage lines or other
works within such a street, road, highway or right-of-way for any
purpose without a street opening permit from the Village Clerk.
No street opening permit shall be issued by the Village Clerk
except to a municipal corporation, a public utility corporation, a
homeowner's association or an owner of property assessed upon the
Village assessment roll on an application signed by said owner or
on behalf of said owner by his or her duly authorized agent. (Authorization
of an agent shall be signed by the owner and acknowledged before a
notary public and shall accompany the application.)
Persons, corporations or entities other than those mentioned in §
250-19 may be issued street opening permits only when authorized by the Board of Trustees on such terms as shall be required by said Board.
Openings located on one side of the center line of a street,
road, highway or right-of-way shall have a minimum width extending
from the curbline to the center line of the street, road, highway
or right-of-way. Any opening that is bisected by the center line of
a street, road, highway or right-of-way shall have a minimum width
from one curbline to the opposite curbline of the street, road, highway
or right-of-way. All openings shall measure at least at least six
feet in length. Notwithstanding the foregoing, the Village Engineer
may direct that an opening be of some other minimum size or configuration.
In the case of a deposit, after restoration of the street, road,
highway or right-of-way is made, if the cost to the Village has not
amounted to the sum deposited to cover the cost, the Board of Trustees
may, by resolution, authorize the Village Treasurer to refund to the
applicant the balance. However, if the cost shall exceed the sum on
deposit, the applicant shall, on demand by the Village, pay such excess
amount. Upon the failure of an applicant or owner of property in the
Village to pay, said excess amount shall be assessed against such
applicant or owner of the property as provided by law.
The applicant making the opening shall backfill or cause to
be backfilled the opening and shall place thereon temporary pavement,
which shall be cared for by the applicant until such time as proper
settlement has taken place to allow the laying of a permanent pavement.
The Village shall be notified at all stages of the work for the purpose
of inspection. All restoration work shall meet or exceed the Technical
Specifications for Road Pavement Restoration maintained in the office
of the Village Engineer.
All openings, when unguarded, shall be barricaded, as shall
be required for public safety, and shall be lit between sunset and
sunrise.
The work to be done under any street opening permit shall be
commenced, continued and completed expeditiously and with due diligence.
The Board of Trustees shall have the power to revoke a street
opening permit issued hereunder whenever it shall find that the applicant
has refused, failed or omitted to comply with any provisions of this
article.
Any person violating any provision or requirement of this article
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not more than $500 or by imprisonment for
a period not exceeding 30 days, or by both such fine and imprisonment.
A continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.