[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 8-24-1936 by Ord. No. 42; amended in its entirety 8-31-1993 by L.L. No. 5-1993. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks generally — See Ch.
80.
As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons,
corporation, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
Unless acting under a contract with the Village,
it shall be unlawful for any person, other than a duly authorized
Village official or employee in the course of his employment, to make
or cause or permit to be made any excavation or opening in or under
the surface or pavement of any street, alley, sidewalk or other public
place within the limits of the Village of Valley Stream without first
having obtained and having in force a permit to do so as hereinafter
provided. In case of emergency arising out of office hours, at night,
Sundays or legal holidays, when an immediate excavation may be necessary
for the protection of public or private property, the same shall be
reported to the Department of Public Works on the next business day
by 12:00 noon, and that appropriate application be made in the manner
herein provided.
Any person desiring to procure a permit as herein
provided shall file with the Superintendent of Public Works at least
24 hours before the time proposed to begin such work a written application
upon a blank form prepared and provided by the Village. Such application
shall state the name and business or residence address of applicant,
the name of the street, alley, sidewalk or public place in or under
which it is desired to make the excavation or opening, the kind of
pavement or sidewalk thereon, the purpose, size and location of the
proposed excavation or opening, the name and business or residence
address of the person for whose benefit the work is to be done and
the time during which it is desired such opening is to be permitted.
When required by the Superintendent of Public Works, the application
shall be accompanied by a plat or pencil tracing or sketch showing
the location, character and dimensions of the proposed excavation
or opening for the installation of new work or the location and character
of the alterations involving the location of pipes, conduits, wires
or other conductors.
The Superintendent of Public Works, upon the
filing of the application and the payment of the required permit fee
and the deposit herein required, may issue a permit which shall state
the name and address of the applicant, the location, nature, purpose
and extent of the excavation or opening, the kind or kinds of pavement
to be disturbed, the amount of the deposit paid by the applicant and
the dates of granting and expiration of the permits. All permits shall
be consecutively numbered and shall be made in triplicate, one copy
to be given to the applicant, one copy to be delivered to the Superintendent
of Public Works and one copy to remain on file in the office of the
Village Clerk. Such permit shall at all times be in the possession
of a competent person actually on the work site and shall be shown
upon demand to a police officer or properly authorized officer or
employee of the Superintendent of Public Works.
The Superintendent of Public Works shall prepare
and keep a record of permits issued, numbered in the order in which
they were issued, the name and address of the person to whom issued,
the location, nature, purpose and extent of excavation or opening,
the time in which the street is to be restored, the fee and amount
of deposit paid and such other and further items as will enable anyone
to obtain a complete history of each permit from its issuance to its
termination. The copies of the permits kept by the Superintendent
of Public Works, if properly bound, may be used as a basis for such
record.
A. Each applicant for a permit hereunder shall post an
owner's protection policy written by an insurance carrier duly licensed
in the state.
B. The policy shall be in the amount of $50,000 coverage
as to property damage and $500,000 and $1,000,000 coverage as to bodily
injury.
C. The policy shall cover any and all situations where
a permit is issued by the Village and shall specifically indemnify,
defend and hold harmless the Village and its Mayor, Trustees, Superintendent
of Public Works, agents, servants and employees from any and all claims
brought against it and/or them by the third person for alleged property
damage or bodily injury allegedly occasioned by an applicant for street
opening. Said protection policy may be applied to several and diverse
digging situations conducted by the same person, group or authority.
A. The issuance of a permit hereunder shall be conditioned
upon the applicant's posting with the Village a performance bond,
issued by such surety or sureties as the Village may approve, conditioned
upon the applicant's complying with the terms and conditions of the
permit and this chapter; performing the work in the manner and within
the time specified in the permit; replacing and restoring the street,
avenue, road, parkway, highway and pavement thereon over every such
opening or excavation in as good a condition as it was before such
opening or excavation was made; and keeping and maintaining the same
in good order for a term as set forth below and complying with any
and all ordinances relative to openings and excavations and complying
with specifications set by the Village Commissioner of Public Works.
B. The amount of the performance bond shall be equal
to the value of the works as approved by the Commissioner of Public
Works.
C. The bond requirements hereunder shall include provisions
for maintenance by way of a maintenance bond, which bond shall have
a duration of two years from the date of the completion of the work
under the permit in the case of all excavations with a depth of 18
inches or less, and a duration of three years from the date of the
completion of the work under the permit for all excavations with a
depth greater than 18 inches.
It shall be unlawful for any person to make
or permit or cause to be made any excavation or opening in or under
a pavement authorized after this chapter becomes effective, for any
purpose whatsoever, within a period of five years from and after the
time of construction of any such paving or resurfacing, provided that
the Village may, on account of an emergency affecting public health
or public safety and public welfare and which could not have been
foreseen, suspend the operation of this five-year rule, and in such
cases, upon the granting of the permit, such work may be performed
within the five-year period; but the mere failure or neglect of the
applicant or other person to do or have the work done before such
five-year period, or the inconvenience, by reason of such failure
or neglect, to property along the particular street or in the particular
public place described in the application shall not be considered
to be an emergency. The five-year period shall be deemed to begin
at the time of the completion and final acceptance by the Village
of any such construction, paving, resurfacing or repaving. Before
any street, alley, sidewalk or other public place shall be paved,
resurfaced or repaved, notice thereof shall be published by the Village
Clerk in at least two issues of the official newspaper of the Village,
and copies of such notice shall be forthwith furnished to all public
service corporations or Village departments and all owners of real
estate, so far as it may be possible to locate them, abutting on such
street, alley, sidewalk or public place, in order that such departments,
corporations and property owners may lay therein wires, pipes, cables,
conduits and the like. Failure to give or receive such notice shall
not affect the other provisions of this chapter or the penalties hereby
imposed and shall not redeem to create an emergency within the meaning
of this section.
Any person making or causing to be made an excavation
or opening in any street, alley, sidewalk or other public place or
within five feet of the line of any street shall, between sunrise
and sunset of every night that the same remains open or danger exists
therefrom, keep such excavation or opening fenced and barricaded with
substantial barriers to secure public safety and a lighted red lantern
or lanterns placed so as properly to warn all persons of such excavation
or opening and all obstructions. No unauthorized person shall remove
or interfere in any way with any such lantern or other danger signal
or any such barrier.
All work under a permit shall be under the supervision
of Superintendent of Public Works and in conformity with the following
requirements:
A. All work shall be started within 24 hours after the
receipt of the permit and shall be pursued diligently and continuously
until the same is completed. When in consequence of the weather or
any process of the law or any other unexpected obstacle, the work
shall be stopped for so long a time that public travel shall be obstructed,
the excavation or opening shall be refilled and repaved as if the
work contemplated in a permit were actually completed.
B. In no case shall a person open or remove a greater
area of surface and at no other location than that specified in the
original or supplementary application; provided, however, that if
at the time of actually doing the work, it shall be necessary to open
or remove a greater area of surface than originally applied for, the
applicant shall first notify and procure the consent of the Superintendent
of Public Works to do so upon the express condition that he shall
and will before 12:00 noon of the following business day file a supplementary
application for the making of an additional excavation.
C. Intersections; snow removal.
(1) At the intersection of cross-streets, not more than
half of the width of the street shall be opened at one time; the other
half shall remain untouched for the accommodation of traffic until
the first half is restored for safe use. All work shall be prosecuted
so as not to interfere with easy access to firehouses, fire hydrants
and United States mailboxes.
(2) The permittee must remove within 24 hours all snow
and ice that may fall or form upon the street within five feet upon
either side of the opening and keep such space free from snow and
ice until the opening is properly refilled.
D. The person to whom a permit is granted shall give
notice, in writing, thereof to any corporation whose pipes, mains
or conduits are laid in the street about to be disturbed by such excavation
at least 24 hours before commencing the same and shall at his expense
sustain, secure and protect such pipes, mains or conduits from injury
and replace and pack the earth wherever the same shall have been removed,
loosened or disturbed, under or around them, so that they shall be
well and substantially supported. If any person shall fail to sustain,
secure or protect such pipes, mains or conduits from injury and replace
and pack the earth under or around them, as the provisions of this
section require, then the same may be done by the corporation to whom
the same may belong, and the cost thereof and all damages sustained
by such corporation thereby shall be paid by such person, and in default
thereof, such corporation may maintain an action against him therefor.
E. The width of the excavation or opening shall be no
greater than is necessary for doing the work. Pavement shall be saw
cut 18 inches beyond the undisturbed subgrade. Sheeting and bracing
shall be used when the excavation or opening is four feet or more
in depth. Sheeting and bracing shall be cut off one foot below the
surface pavement and left in place when the opening is refilled. The
street, alley, sidewalk or other public place must be opened in a
manner which will cause the least inconvenience to the public and
admit of the uninterrupted passage of water along the gutter. Excavations
shall be made in open cut. No tunneling shall be done except by special
permission of the Superintendent of Public Works, and then only under
such conditions as he may impose. No excavation shall be undercut
or have a greater width at the bottom than at the top. In case of
slips or slides of the sides of the excavations, the same shall be
trimmed to solid earth and the top surface cut back to the limit of
the same before any backfilling is commenced.
F. Refilling and backfill.
(1) All openings shall be refilled and permanently resurfaced
as soon as possible after the work is completed. All materials used
for backfill shall be in proper condition. All frozen or wet or soggy
earth must be removed and replaced with a filling of proper consistency.
Coarse, lumpy or cloddy earth must be pulverized before being returned
to the excavation.
(2) Backfill shall be solidly compacted by mechanical
tamping or other methods approved by the Superintendent of Public
Works.
G. Mechanical tamping.
(1) Excavations shall be power-tamped using an impact
rammer type for soils containing varied amounts of silt and a mechanical
platform vibrating type for sandy soils.
(2) A minimum coverage of three passes will be required
for either rammer or vibrator equipment.
(3) Rammer-type compactors shall weigh not less than 200
pounds, have a ramming foot area not exceeding 80 square inches and
be capable of delivering not less than 200 foot-pounds of compacting
energy per blow.
(4) Plate vibrators shall be capable of delivering blows
of a minimum of 2,500 pounds of impact at a rate of not less than
1,100 per minute.
(5) Compact layers of soil must not exceed eight inches
in thickness to achieve a minimum density of 95% of maximum density
as determined by Standard Proctor Test (AASHO designation T99).
(6) Puddling-compacting of the backfill in the trench
shall be done by puddling (flooding with water) when granular material
is used. The whole fill shall be subjected to puddling at the time
of backfill as directed by and to the satisfaction of the Superintendent
of Highways or his representative. After puddling, the backfilled
trench shall be rolled with a seven-ton roller or eight- to ten-ton
heavy rubber-tired equipment to produce equal loading.
(7) The maximum size of broken stone or rock permitted
in the backfill will be six inches in diameter and placed in a depth
of at least eight inches from the surface.
(8) All surplus is to be removed at the end of each working
day.
H. Pavement replacement. All pavement shall be placed
on compacted subgrade as indicated above.
(1) Bituminous pavement.
(a)
All stabilized and blacktop pavement replacement
shall be hot plant mix conforming to the New York State Department
of Transportation Specifications dated January 2, 1990. The pavement
shall consist of a four-inch Type 3 binder course and a two-inch Type
6 top course.
(b)
Asphalt is to be placed in compacted thickness
described herein and be compacted with a ten-ton roller, and surface
variations in excess of 1/4 inch shall be eliminated or the pavement
relaid and sealed as directed.
(c)
The contact surfaces of the base course and/or
adjacent pavement edges shall be painted and sealed with approved
bituminous material (Item 407-1, New York State Department of Transportation
Specifications dated January 2, 1990.)
(2) Concrete pavement. All concrete replacement pavement
shall be of the same thickness and reinforcement of the removed concrete
pavement and shall meet the specifications of the Nassau County Department
of Public Works latest revision. Where replacement concrete pavement
abuts existing concrete pavement, suitable expansion-joint material
shall be installed and the joint sealed as specified in the above-noted
specifications.
In case any person to whom a permit has been
granted shall fail to comply with the terms thereof, such permit shall
become null and void, and any and all expense which may be incurred
by the Village in refilling any excavation or restoring the street
to its proper condition shall be borne by the permittee. In case the
person to whom a permit is granted shall fail to leave the street
in as good condition as it was previous to any work being done under
the permit, all expense which may be incurred by the Village in restoring
the street to its proper condition shall be borne by the permittee.
All policemen shall be vigilant in the enforcement
of this chapter and shall report through proper channels any violation
thereof to the Nassau County Fifth Precinct Commander, and the Superintendent
of Public Works, on observing or being informed of the opening of
or excavation in any street, shall require the person making such
opening or excavation to exhibit the permit therefor; and if none
has been given, or if the exhibition thereof is refused, the officer
shall, without delay, make complaint to the Village through the Nassau
County Police Department Fifth Precinct Commander.
[Amended 7-16-2018 by L.L. No. 9-2018]
A. Any person
who himself or itself or by his or its agent or employee shall make
or cause or permit to be made any excavation or opening on or under
the surface or pavement of any street, alley, sidewalk or public place
without a permit as required by this chapter or who shall violate
any of the provisions or rules or regulations made in pursuance thereof
or who, having his permit declared null and void, upon the continuance
of such work, shall, upon conviction thereof, be subject to a fine
up to $1,000, and each day on which such violation continues shall
constitute a separate offense. Any violation of this chapter or any
part thereof shall constitute disorderly conduct, and any person violating
this chapter or any part thereof shall be and is hereby declared a
disorderly person. In addition to the above stated fine, such person
may be sentenced to up to 15 days in jail.
B. The foregoing and all other fines provided for in Chapter
78 may be changed from time to time by the Board of Trustees by resolution.
Any ordinance or part of an ordinance inconsistent
with the provisions of this chapter is hereby repealed.
A. A filing fee must be paid by the applicant prior to
issuance of a permit. The schedule of fees is as follows:
(1) A fee of $75 for a single opening up to nine square
feet.
(2) One dollar per square foot for any additional opening.
(3) Road opening permit for roads that have been resurfaced within five
years of date of application for permit: regular fee multiplied by
five.
[Added 5-20-2013 by Res.
No. 095/13]
B. The aforementioned schedule of fees can be changed
by resolution of the Board of Trustees at an open meeting.