[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]
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 Highways, 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 Highways 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 Highways, 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 Highways shall issue a permit under this article where he finds:
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.
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.
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 Highways 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 Highways shall require the applicant for a permit required by this article to deposit with the Commissioner of Highways 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 required by this article shall file an insurance policy or certificate with the Commissioner of Highways 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 Highways by the applicant for a permit 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 Highways 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 Highways. The failure to provide barriers and lights conforming to the requirements of the Commissioner of Highways 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 Highways. 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 Highways.