[Amended 5-13-1975; 1-25-1977; 3-22-1977; 8-12-1980; 2-9-1988; 3-12-1991 by L.L. No. 1-1991; 5-2-2000 by L.L. No. 5-2000; 11-25-2008 by L.L. No.
12-2008; 3-15-2022 by L.L. No. 2-2022]
No person, including any person operating any public service,
water, light or power, company, shall make any curb cuts, street openings
or excavate in any street, highway or sidewalk in the Town for any
purpose without first obtaining a permit from the Commissioner of
Public Works, as provided in this article.
Any permits issued under this article shall automatically expire
on the 60th day after the date of issue. Any continuation or extension
thereof is subject to the approval of the Commissioner of Public Works
upon conditions and provisions which in his discretion are deemed
appropriate under the circumstances.
The permit and permit fee required by this article shall be
in addition to permits required, if any, for the construction of any
sidewalk, curb or driveway.
Upon application in writing, filed with the Commissioner of
Public Works stating the purpose, extent, location and nature of proposed
curb cuts, street openings or excavations in any street, highway or
sidewalk in the Town for any purpose, the Commissioner of Public Works
shall issue a permit under this article where he finds:
A. That the work shall be done in accordance with the standard specifications
and requirements of the Town of Oyster Bay for public work of like
nature.
B. That the operation will not unreasonably interfere with vehicular
or pedestrian traffic, the demand and necessity for parking spaces,
and the means of ingress to and egress from the property affected
and adjacent properties.
C. That the health, welfare and safety of the public will not be unreasonably
impaired.
It shall be left to the discretion of the Commissioner of Public
Works as to whether the proposed excavation for which a permit is
sought pursuant to this article shall be repaved by the applicant
for the permit or by the Town; if the town shall repave the excavation,
the costs shall be paid by the applicant for the permit.
Except where an excavation or disturbance in a public way shall
be directly authorized by law, the Commissioner of Public Works shall
require the applicant for a permit, as required by this article, to
deposit with the Commissioner of Public Works a sum of money which
shall be deemed by him to be adequate to pay all of the expenses to
which the town may be put to replace the street, highway or sidewalk,
pavement, curb or gutter in proper condition.
Each applicant for a permit, as required by this article, shall
file an insurance policy or certificate with the Commissioner of Public
Works insuring the Town in the sum of $300,000 to $500,000 for personal
liability and $50,000 for property damage.
A performance bond shall be filed with the Commissioner of Public
Works by the applicant for a permit, as required by this article,
as a prerequisite to the permit, in at least the amount of the job
to be performed under the permit, except that no performance bond
need be filed by any water district for the job to be performed under
the permit.
No work shall be commenced under any permit granted pursuant
to this article unless or until such notice as shall be directed by
the Commissioner of Public Works shall have been given to public service
corporations having lines, mains or other property in the streets
for the protection of their property.
All excavations in streets or sidewalks shall be surrounded
by suitable barriers or guards for the protection of persons using
the streets in the daytime and, in addition thereto, by lights or
flares from twilight continuously until daylight. Barriers and lights
required by this section shall conform in kind and numbers to the
requirements of the Commissioner of Public Works. The failure to provide
barriers and lights conforming to the requirements of the Commissioner
of Public Works shall be prima facie evidence of a failure to provide
suitable barriers and lights.
All permits granted pursuant to this article shall be conditioned
upon the adequate protection, at the expense of the permittee, of
the property of the town and public service corporations.
All excavations subject to this article shall be backfilled
properly upon completion, and a written notice thereof given to the
Commissioner of Public Works. For a period of two years after such
notice of completion has been given, the permittee shall be responsible
for correcting any defects or deficiencies in the backfilling or associated
pavement restoration, as directed by the Commissioner of Public Works.