[Adopted 10-24-1922 by Ord. No. 4; amended
in its entirety 5-13-2019 by L.L.
No. 3-2019]
Village roads which have been recently repaved or newly constructed
often are opened by parties other than the Village, shortening the
useful life of such roads, damaging the integrity of such roads, and
creating additional expense on the part of the Village. Existing provisions
of law are insufficient or inadequate to prevent this problem. It
is hereby found to be in the best interest of the Village and its
residents enact the regulations contained in this article to prohibit
issuance of road opening permits on roads which have been newly constructed
or which recently have been re-paved, subject to certain exceptions
as stated in this article.
A.
Unless
otherwise authorized by law, no person, firm or corporation, including
a water company, a gas company, a telephone company, an electric light
company or other public utility, shall open or dig up or cut the pavement,
curb, gutter or sidewalk of any Village street or highway (hereinafter
collectively referred to as "street" or "highway") for any purpose,
without previously having applied for and received a written permit
as required by this article.
B.
Upon receipt
of a properly completed application, in writing, filed with the Superintendent
of Public Works, stating the purpose, extent, location and nature
of a proposed excavation or other disturbance of a street or highway
in the Village, the date or dates when the proposed excavation or
disturbance will take place, and the estimated date of completion
at each such location. With respect to any contractors or subcontractors
who will be working at the site(s), the application shall include
the name and contact information, including emergency contact information,
for each such contractor or subcontractor. If the contractor or subcontractor
information is not known at the time of permit application, such information
shall be supplied at least two business days before any such contractor
or subcontractor begins work at any site.
(1)
The
Superintendent of Public Works may grant or refuse a permit application
where the same is incomplete, where the proposed excavation or disturbance
is not in the public interest, or whether the proposed application
does not comply with the requirements of this section. If a permit
application is denied, the Superintendent of Public Works promptly
shall send the applicant written notice of such denial, and state
the reasons therefor.
C.
Except
where such excavation or disturbance shall be directly authorized
by law, the Superintendent of Public Works shall require the applicant
to deposit with the Village a sum of money, or a bond in a sum set
by resolution of the Board of Trustees, or which shall otherwise be
deemed by such Superintendent of Public Works to be adequate to pay
all of the expenses to which the Village will be put to replace, repair
or replace the streets or highways in proper condition, any unexpended
balance of which shall be returned to the applicant within 90 days
after the proper completion of the excavation or disturbance to the
satisfaction of the Superintendent of Public Works.
D.
Each permit
application also shall include an insurance policy, including endorsements
for any liability insurance, naming the Village, its officers, agents,
employees and volunteers as additional named insureds, in the sum
of not less than $1,000,000 combined single limit.
E.
Any permit
issued pursuant to this article may be revoked by the Superintendent
of Public Works at any time, for cause.
F.
Any permit
issued pursuant to this article shall be null and void if work is
not commenced within 30 days after issuance of the permit, unless
the Superintendent of Public Works shall grant an extension of such
time for good cause shown.
G.
Any permit
issued pursuant to this article shall expire after a reasonable period
of time as determined by the Superintendent of Public Works and specified
in the permit upon issuance thereof, which period of time may be extended
by the Superintendent of Public Works for good cause shown.
H.
No road
openings shall be made or commenced pursuant to a permit issued in
accordance with this article unless at least two and not more than
five business days' prior notice has been given by the applicant to
the Superintendent of Public Works, except in cases of emergency as
provided for in this article. No road openings shall be commenced
on a Saturday, Sunday or holiday, except in case of emergency.
I.
Upon completion
of backfilling and pavement (permanent or temporary), the party performing
the work shall notify the Superintendent of Public Works so that the
Village may inspect the same. No work shall be deemed complete until
inspected and approved by the Superintendent of Public Works.
A.
Except as provided in this article, or as otherwise required by law, such permit shall be issued by the Superintendent of Public Works upon payment to the Village of a permit fee as provided in Chapter 109, Fees, for each location to which the permit relates and upon receiving the bond or security hereinafter required. The fee and permit herein required shall be in addition to permits required for the construction of any sidewalk, curb or driveway.
B.
Notwithstanding
any other provision of law, permits shall be issued to the Long Island
Power Authority, the Water Authority of Great Neck North, the County
of Nassau, the Town of North Hempstead and any of its special districts,
other governmental entities, any public utility, or persons or entities
performing work under contract for or on behalf of any of them, without
payment of a fee as otherwise required by this article.
A.
All permits
shall be deemed to include a condition that the permit holder comply
with all applicable federal, state and local laws, rules and regulations
in the performance of the work authorized by such permit.
B.
In addition
to any other conditions stated in this article, such permit shall
be subject to the conditions, which the party applying for or acting
under the permit shall be deemed to have consented to and be bound
by, that the party making the opening shall:
(1)
Backfill
or cause the opening to be backfilled
(2)
Place
thereon such temporary pavement as may be approved by the Superintendent
of Public Works;
(3)
Care
for and maintain such temporary pavement until such time (not to exceed
six months) as the Superintendent of Public Works shall determine
that proper settlement has taken place to allow the laying of a permanent
pavement;
(4)
Restore
the pavement in accordance with Village specifications;
(5)
Indemnify
and save harmless the Village, its officers, employees, agents and
volunteers from any or all loss or damage, or claims of loss or damage,
including reasonable attorneys' fees, which the Village or any of
them may sustain through the negligence of such party or otherwise,
arising out of the work;
(6)
At
all times when work is not actively being conducted on the site, all
equipment left at the work site shall be safely secured and stored
in a manner satisfactory to the Superintendent of Public Works to
protect the safety of the general public and persons traveling on
or using the public streets and sidewalks.
No permit for excavation or disturbance of a newly constructed
or reconstructed street shall be issued for a period of five years
from the completion date of construction or reconstruction of such
street without the permission of the Board of Trustees.
Unless otherwise determined by the Superintendent of Public
Works for good cause shown, any person or entity causing or performing
excavation or disturbance of a street or highway shall, upon completion
of work, restore the same as reasonably required by the Superintendent
of Public Works, from curb to curb, for a horizontal distance of at
least four feet in each direction from any portion of the disturbed
or excavated area.
In case the applicant shall fail to restore such street to the
satisfaction of the Superintendent of Public Works, after notice and
demand, or fails to comply with the requirements of this article,
the Village may cause such work to be performed by or on behalf of
the Village for the account of the applicant, and the applicant shall
be liable to the Village for the cost thereof. The Village may charge
such cost against the money deposited as required by this article,
returning the excess, if any, to the person depositing the same. In
the event any such work is performed by or on behalf of the Village,
the cost of such work shall include the reasonable value of the labor,
materials, supervision, engineering and overhead, and reasonable attorneys'
fees, actually incurred for such work.
In the event that any pipe, main, conduit or other utility installation
in or under any street or highway shall burst, break or otherwise
be in such condition as to seriously endanger persons or property,
the owner of such sewer, main, conduit or other installation shall
immediately contact the Village describing the location of the break,
extent of repairs and any emergency measures required to reroute traffic.
Upon approval by the Superintendent of Public Works such owner shall
immediately remedy such trouble and shall immediately take all such
necessary steps to make said location safe and secure. Such owner
shall not, however, begin making any permanent repairs to such street,
alley or sidewalk until such owner shall have secured a permit as
provided above. Such permit shall be applied for within 48 hours after
such break or serious trouble shall have developed, and the necessary
permanent repairs to the street or highway shall be made as directed
by the Superintendent of Public Works and shall be completed as soon
as practicable after receipt of 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 Superintendent 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.
A.
Each
person or entity holding a permit issued pursuant to this article,
or acting pursuant to any such permit, shall take appropriate measures
to assure that, during the performance of the excavation work, traffic
conditions as nearly normal as practicable shall be maintained at
all times so as to cause as little inconvenience as possible to the
occupants of the abutting property and to the general public, provided
that the Superintendent of Public Works may permit the closing of
streets to all traffic for a period of time prescribed by such Superintendent
as in the opinion of such Superintendent is necessary. Failure to
provide barriers and lights conforming to the requirements of the
Superintendent of Public Works shall be prima facie evidence of a
failure to provide suitable barriers and lights and may result in
immediate revocation of the permit.
B.
Excavation
work shall be performed and conducted so as not to interfere with
access to fire stations and fire hydrants. Materials or obstructions
shall not be placed within 15 feet of fire hydrants. Passageways leading
to fire escapes or firefighting equipment shall be kept free of piles
of material or other obstructions.
C.
The following
measures, at a minimum, shall be taken to ensure the safety and protection
of the traveling public:
(1)
All
openings must be backfilled immediately and pavement restored in accordance
with Village road specifications;
(2)
If
it shall be necessary to leave an excavation unfinished overnight
or for an extended period, the permittee shall place at the site suitable
barricades with appropriate lighting. The barriers and lighting devices
shall conform to the reasonable specifications directed by the Superintendent
of Public Works, and those set forth in the New York Manual on Uniform
Traffic Control Devices, and any amendments thereto, except that the
permittee must place his name and a phone number where he can be reached
at all times. The excavation shall be lit continuously from twilight
to dawn. The permittee shall also notify the Great Neck Estates Police
Department of the condition of the unfinished excavation and furnish
the Police Department with the name and contact information for a
responsible person who may act for such permittee and who may be reached
at all times. A minimum of four flashers must be used at the construction
site or along the right-of-way as required by the Superintendent of
Public Works.
A.
All permits
granted for street or highway excavations for any purpose shall be
conditioned upon the adequate protection, at the expense of the applicant,
to the property of the Village and others.
B.
Village
conditions for restoration of pavement shall include, at a minimum,
that all types of roads, with the exception of concrete, shall be
replaced with a subbase of three-fourths-inch asphalt binder mix,
compacted in two three-inch lifts, per Nassau County specifications,
for a total of six inches in depth, and surfaced with asphalt, Type
1A, not less than two inches in depth. Concrete roads shall follow
the Nassau County specifications of 1:2:4 reinforced concrete.
C.
Should
prevailing weather conditions preclude permanent restoration of the
road surface, the permit holder shall be responsible for the maintenance
of the temporary surface until such permanent restoration is complete.
The permit holder shall hold the Village, its officers, agents,
employees and volunteers harmless, and indemnify each of them, from
and against any and all expenses, claims, judgments or other costs
arising from the excavation and other work covered by the excavation
permit or for which the Village or any of its officers, agents, employees
or volunteers may be made liable by reason of any accident or injury
to person or property through the fault of the permit holder or any
person or entity acting under authority of the permit holder, either
in not properly guarding the excavation or for any other injury resulting
from the negligence of the permittee, and further conditioned to fill
up, restore and place in good and safe condition, as nearly as it
can be to its original condition and to the satisfaction of the Superintendent
of Public Works, all openings and excavations made in the streets
and to maintain any street where an excavation is made in a condition
as good as before said work shall have been done, for the period of
12 months after said work shall have been done, usual wear and tear
excepted. Any settling of the surface within said one-year period
shall be deemed conclusive evidence of defective backfilling by the
permittee.
