[HISTORY: Comes from L.L.
No. 72-1994, adopted 10-18-1994, effective 10-24-1994.[1]]
GENERAL REFERENCES
Earth and soil removal — See Ch. 140.
Hazardous excavations — See Ch. 146.
Sandbanks, pits and quarries — See Ch. 148.
Dredging — See Ch. 159.
Deposit of materials upon roads — See Ch. 177.
[1]
Editor's Note: This local law repealed former Ch. 175, Excavations
in Streets, adopted 8-11-1970 by L.L. No. 61-1970, as amended.
As used in this chapter, the following definitions shall have
the meanings given:
The Commissioner of the Highway Department of the Town of
Hempstead or his/her designated representative.
Any street, roadway or highway maintained by the Town of
Hempstead.
Any individual, association, corporation, firm, partnership
or any other entity.
Includes all land lying between the curbline of the public
highway and the building line of the premises abutting thereon which
has been surfaced or improved with concrete or other paving material.
The unincorporated area located within the geographical boundary
of the Town of Hempstead.
A person, public service, water, light or power company and
a person performing work on behalf of a municipal corporation shall
not excavate in any highway or sidewalk in the Town for any purpose
without first obtaining a permit from the Commissioner, as hereinafter
provided.
[Amended 6-6-1995 by L.L. No. 43-1995, effective 6-12-1995; 10-3-2017 by L.L. No. 82-2017, effective 10-13-2017; 9-8-2020 by L.L. No. 41-2020, effective 10-20-2020]
A.
A written application shall be filed with the Commissioner, stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a highway or sidewalk in the Town, except where an excavation or disturbance shall be directly authorized by law. The Commissioner shall require the applicant to post a performance bond in the amount of $5,000, which shall be deemed to be adequate to pay said expense upon the condition that the permittee replace the highway or sidewalk, pavement, curb or gutter in proper condition or pay all of the expenses to which the Town may be put to replace the highway or sidewalk, pavement, curb or gutter or put the same in proper condition if the permittee does not repair or replace the highway or sidewalk within the 30 days following the satisfactory completion of the project, weather permitting, as required under § 175-5D.
B.
Each applicant shall take out and maintain during the term of the
permit and file with the Commissioner a public liability insurance
policy insuring the Town of Hempstead, its agents, servants and/or
employees and the Commissioner in an amount not less than $1,000,000
for injuries, including wrongful death, to any person and subject
to the same limit for each person on account of each occurrence and
a property damage insurance policy insuring the Town of Hempstead
and all employees thereof in the amount of not less than $1,000,000
on account of any occurrence and in an amount not less than $500,000
on account of all occurrences. Such insurance policies shall cover
liability which may arise from operations under the permit, whether
such operations are by the permittee or by the Town of Hempstead or
the Commissioner. Such insurance policies shall be issued in the name
of the Town of Hempstead, its agents, servants and/or employees and
the Commissioner as the insured.
C.
The Commissioner of Highways is authorized to deny any application
for permit for excavation in any highway or sidewalk in the Town when
the Commissioner finds:
(1)
That the applicant has not completed the outstanding repairs on their
prior permitted excavations on the highways and sidewalks within the
Town;
(2)
That the purpose, extent, location and nature of the proposed excavation
or other disturbance of the roadway, highway or sidewalk in question
will cause undue disturbance of the roadway, highway or sidewalk for
without justifiable cause for said disturbance.
[Amended 6-9-1998 by L.L. No. 28-1998, effective 6-17-1998; 12-21-1999 by L.L. No.
51-1999, effective 1-4-2000; 3-9-2004 by L.L. No. 28-2004, effective 3-22-2004; 8-5-2014 by L.L. No. 62-2014,
effective 8-12-2014]
A.
Except as otherwise provided by law or where permits as above are
granted for work done at the direction of the Commissioner, each application
for such permit shall be accompanied by a fee of $300 for each excavation,
to be paid to the Town. The fee and permit herein required shall be
in addition to permits required for construction of any sidewalk,
curb or driveway.
[Amended 4-12-2016 by L.L. No. 29-2016, effective 4-20-2016]
B.
An additional fee of $250 shall accompany each application when an
excavation constituting a continuous trench measures more than 25
feet but less than 100 feet. If a continuous trench spans more than
100 feet, there will be a further fee of $250 for each additional
100 feet or any part thereof.
A.
Safety codes. The permittee, his agents and employees shall strictly
comply with the following conditions:
(1)
United States Department of Labor, Bureau of Labor Standards, Safety
and Health Regulations for Construction, as promulgated in accordance
with the Occupational Safety and Health Act of 1970, Public Law 91596:84
Stat. 159O, Laws of 91st Congress, 2nd Session.
(2)
Industrial Code Rule 23: State of New York Department of Labor, Bureau
of Standards and Appeals, entitled "Protection of Persons Employed
in Construction and Demolition Work."
(3)
Industrial Code Rule 53: State of New York Department of Labor, Bureau
of Standards and Appeals, as relates to "Construction and Demolition
Operations At or Near Underground Facilities."
B.
Emergency opening. If it becomes necessary to enter upon a Town highway
for the purpose of making emergency repairs, any person, public utility,
municipality and/or municipal subdivision may do so forthwith, provided
that within 24 hours of the time of making such openings (Saturdays,
Sundays or holidays not included) an application for a permit is made
thereof pursuant to these rules and regulations.
C.
Openings on newly constructed or resurfaced highways. No excavation
shall be permitted on any newly constructed or resurfaced highway
for a period of not less than five years. This subsection does not
include any excavation on the right-of-way abutting said newly highway.
Should such an opening be required for emergency purposes, permission
must be obtained from the Highway Department and restoration plans
reviewed and approved by the Department of Engineering.
D.
Notifications.
(1)
The Highway Department shall receive at least 72 hours' advance written
notice, except for emergency work, including a diagram, engineering
drawings or the equivalent thereof, of the proposed excavation in
any Town highway or sidewalk area.
(2)
Work must commence within and be satisfactorily restored within 60
days from the issuance of a permit unless otherwise extended, in writing,
by the Highway Department for good cause.
[Amended 10-3-2017 by L.L. No. 82-2017, effective 10-13-2017]
(3)
Residents of the project areas must be notified of intentions to
close off driveways by use of a form approved by the Town of Hempstead.
The permittees shall prepare the necessary number of copies of said
form on their own letterhead and distribute the same to the homeowners
at least 48 hours in advance.
The following work procedures and construction practices shall
be adhered to in order to assure proper maintenance of traffic:
A.
In those areas where work performed by the permittee interferes with
vehicular or pedestrian traffic, the permittee shall place and maintain
traffic control devices pursuant to the provisions of §§ 1680
and 1682 of the Vehicle and Traffic Law of the State of New York,
which require that all traffic control associated with maintenance,
repair and construction within the highway limits shall be carried
out in accordance with standards set forth in the New York State Manual
of Uniform Traffic Control Devices, latest edition. The Commissioner
reserves the right to order the correction of any unsafe condition
or the installation of additional signs, lights, temporary pavement,
plating or other traffic control devices or to order the removal of
any and/or all obstructions to traffic.
B.
The permittee may be required to submit with the permit application
a traffic control plan showing all provisions for maintaining, protecting
and/or detouring of traffic. Such plan shall show, but not be limited
to, all sign locations, sizes, colors, barricades, flashing lights,
flag persons, traffic cones, pavement markings, etc., and all in accordance
with the above-referenced New York State requirements.
C.
Whenever a traffic lane is closed or traffic is required to use other
than its normal lanes, the local police precinct, fire district and
school district must be notified in advance by the permittee.
[Amended 9-8-2020 by L.L. No. 41-2020, effective 10-20-2020]
A.
All procedures and materials shall be in conformance with the latest
edition of the Nassau County Specifications for Construction of Highways
and Bridges and the Nassau County Traffic Signal Specifications as
prepared by the Nassau County Department of Public Works.
B.
As upon request by the Commissioner, a schedule of operations shall
be submitted by the permittee.
C.
No Town highway shall be closed without prior written notice to and
approval of the Commissioner of the Highway Department.
D.
No trench area shall be left open after working hours.
E.
A space of at least four feet wide shall be maintained at all times
on the side of the right-of-way for the safe use of pedestrians.
F.
Trench areas shall be kept open as short a time as possible consistent
with the installations involved.
G.
In no case shall sidewalks or pavements be removed or broken unless
all subsequent activities needed to complete the permit work proceed
without delay thereafter. Where concrete pavement is broken and left
in place prior to removal, these pavement areas shall be resurfaced
with a temporary asphalt pavement before opening to traffic.
H.
Every precaution shall be taken to prevent the marring or damage
to structures such as pavements, curbs, sidewalks, etc., abutting
the work as follows:
(1)
Timber planks shall be used to support steel-treaded mobile equipment,
and timber blocks or planks shall be placed under all outriggers used
to stabilize excavation and other mechanical equipment.
(2)
Loose stones, broken concrete, sand, dirt, debris, etc., shall be
swept up daily from the areas adjoining the work.
(3)
Under no circumstances shall the mixing of mortar or concrete or
the storage of asphalt be permitted directly on unprotected surfaces
adjoining the work.
I.
Immediately following saw cutting, all residue shall be flushed,
broomed and removed from adjoining surfaces.
J.
All possible care shall be taken to prevent undermining of the adjoining
pavement. The use of driven sheeting may be required to prevent such
undermining. Any such undermining shall be deemed sufficient reason
for the issuance of orders to remove additional pavement.
K.
The permittee shall have a competent representative at the site while
the work is in progress to ensure adherence to the conditions of the
permit.
L.
The permittee shall provide and maintain temporary pavement with
hot asphalt mixes flush with the grades of the adjoining surfaces
until final restoration.
M.
No transverse road opening nor a road opening within an intersection
may exceed 1/3 the width of the highway, nor shall any more than that
same length be blocked by construction, truck loading or unloading
or by construction material and barricades at any one time.
N.
All existing traffic signs temporarily removed for construction shall
be carefully stored and must be reinstalled upon completion of work.
O.
All restorations shall be made from curb to curb as necessary to
avoid ragged edges on the restored area. The area to be restored shall
be increased as necessary to avoid residual strips of existing pavement
either direction.
(1)
Where multiple disturbances, cuts or trenches have been made in the
same roadway within 75 feet on each other, the whole roadway shall
be replaced, from intersection to intersection.
P.
Pavement restoration specifications shall be as follows:
(1)
Specifications.
(a)
Bituminous-type pavement 1 1/2 inches minimum compacted
asphalt concrete Type 1A, Item 36D, three inches minimum compacted
dense-graded base course asphalt concrete Item 22CX-M-2.
(b)
Alternate pavement section one-inch minimum compacted asphalt
concrete type AC, Item 36E.
(c)
One and one-half inches minimum compacted asphalt concrete binder
course, Type 1A, Item 36DX-M.
(d)
Four inches minimum compacted dense-graded aggregate base course
Item 398.
(2)
Oil and bluestone pavement: five inches of Town of Hempstead Item
398 and two inches of top course.
(3)
Concrete pavement.
(a)
Where existing pavement is reinforced or contains joint supports,
the removal of the pavement shall be performed in such a manner as
to allow projection of six inches of the reinforcement and the undisturbed
joint supports into the replacement area. If such is not feasible,
the permittee shall indicate proposed corrective measures for approval
by the Commissioner. Replacement concrete shall be Type II and entrained
with additives such as will assure compressive strength cores of 2,500
pounds per square inch in 48 hours. The concrete shall be of the same
thickness as the adjacent undisturbed concrete.
(b)
With the approval of the Town of Hempstead Engineering Department,
asphalt concrete base may be used as a replacement for adjacent concrete
base on longitudinal cuts only. Where asphalt concrete is used, it
shall be two inches thicker than the concrete it replaces.
(4)
Longitudinal openings.
(a)
The entire panel width must be removed and replaced. Ends of
panels must be saw cut if not at a transverse joint.
(b)
In no case shall any portion of the existing panel that is less
than six feet from a transverse joint be left in place.
(c)
When concrete base panels with asphalt overlays are to be removed,
the asphalt shall be cut back a minimum of six inches onto the adjacent
panels to provide a smooth vertical edge.
(5)
Transverse openings.
(a)
Transverse openings shall be saw cut 90° to the longitudinal
joints.
(b)
Pavement replacement shall be a minimum of two feet on both
sides of the trench and a total minimum of six feet wide by the width
of the panel.
(c)
In no case shall any portion of the existing panel that is less
than six feet in length from a transverse joint of existing crack
be left in place.
(d)
Where openings are skewed across the pavement, the concrete
replacement must be carried straight across each panel and not staggered.
Q.
All restorations shall make any necessary repairs to the restoration
for a period of seven years following the restoration.
A.
Any person committing an offense against this chapter or any section or provision thereof, except §§ 175-5 and 175-6, is guilty of a Class B misdemeanor punishable by a fine not exceeding $500 or imprisonment for a period not exceeding one year for each such offense, or by both such fine and imprisonment.
C.
Each day of continued violation shall constitute a separate offense.
D.
In addition to the penalties stated herein, this chapter may be enforced
by civil action, including an injunction, in a court of competent
jurisdiction for violations of this chapter.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter is adjudged invalid by a court of competent jurisdiction,
the judgment shall not affect, impair or invalidate the remainder
of this chapter but shall be confined in its operation to the clause,
sentence, paragraph, section or part of this chapter that shall be
directly involved in the controversy in which such judgment shall
have been rendered.
