No person, firm or corporation shall, without
first having obtained from the Village Clerk a written permit for
that purpose:
A. Dig or cause to be dug for any purpose, any excavation,
trench or other opening in any street, berm or other public place
in the Village of Plandome; or
B. Dig or remove or cause to be dug or removed therefrom
any earth, stone, sand, gravel or any other material whatsoever, or
tear up or damage any pavement, sidewalk, crosswalk, drain, or any
part thereof; or
C. Erect, lay or cause to be erected or laid, any telegraph,
telephone, light or other poles or any drain, conduit or other pipe
under, in, or over any street or other public place in said Village;
or
D. Move or cause to be moved any building or structure
upon, along or across any street or other public place.
A maintenance bond shall be required for all
projects with a cost over $1,000. Such bond shall be in effect for
a period of one year after the completion of the project.
The person making or causing the opening to
be made shall notify the Village Clerk for inspection and approval
when:
A. Said opening has been backfilled and temporarily paved;
and
B. When the laying of permanent paving has been completed.
[Added 7-18-2022 by L.L. No. 2-2023]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
OPENING PERMIT
An application to open a protected street. "Open" or "opening"
when applied to a road, street or highway in the Incorporated Village
of Plandome shall mean to dig or cause be dug for any purpose, any
excavation, trench or other opening in any such road, street or highway.
PROTECTED STREET
Any road, street or highway in the Incorporated Village of
Plandome that has been resurfaced, repaved or reconstructed, in whole
or in part, within five years prior to the date of application for
an opening permit.
B. Permit issuance. No person shall open or cause to be opened any protected
street, except for repairs of an emergency nature requiring immediate
action to safeguard public health and safety, or as authorized by
the Village Clerk or other official designated by the Board of Trustees,
in a protected street for a period of five years from the completion
of the applicable resurfacing, repaving or reconstruction. In addition
to this section, all provisions regarding final restoration shall
apply to protected streets. No opening permit, to open or cause to
be opened any protected street, except for repairs of an emergency
nature requiring immediate action to safeguard public health and safety,
or as otherwise authorized by the Village Clerk or other official
designated by the Board of Trustees, in a protected street for a period
of five years from the completion of the applicable resurfacing, repaving
or reconstruction shall be issued to any person within the five-year
period after the completion of the resurfacing, repaving or reconstruction
of such protected street. Notwithstanding the foregoing provision,
the Village Clerk may issue an opening permit to open a protected
street within such five-year period upon a finding of necessity therefor
and upon such terms and conditions as determined by the Board of Trustees.
C. Conditions. Applicants for an opening permit shall be responsible
for contacting the Village Clerk to determine whether a street is
a protected street. Notwithstanding the foregoing provision, an applicant
performing emergency work need not contact the Building Department
prior but shall do so as soon as practicable.
D. Application.
(1)
Applicants shall include on the opening permit application the
reason necessary and the justification for any street opening activities
on any protected streets.
(2)
The applicant shall attach the "Protected Street Opening Permit
Application" attachment to the street opening permit application prior
to obtaining the permit.
E. Restoration.
(1)
The applicant shall provide a restoration plan for any excavation
of a protected street and such plan must be approved by the Village
Engineer, prior to the commencement of any excavation.
(2)
No backfill of any opening or excavation on a protected street
shall be performed unless the applicant notifies the Village Clerk
and the Village Engineer at least 24 hours prior to the scheduled
start time for the backfill or except as otherwise authorized by the
Village Engineer or other individual designated by the Village Engineer.
In no case shall the applicant commence the backfill prior to the
scheduled start time. For base and wearing courses, the applicant
shall hand deliver or transmit by facsimile or other electronic means
approved by the Village Engineer, its daily paving schedule to the
Village Engineer or any other individual designated by the Village
Engineer, at least 24 hours prior to commencing work. In addition,
during the backfilling and compaction phase of the work, applicants
must provide, on-site, a compaction tester from an approved laboratory
or a licensed certified tester to test that the compaction of the
backfill is in accordance with the Village's rules and specifications.
(3)
The Village may inspect any phase of the work, including but
not limited to, initial excavation, backfill and compaction, performance
of required cutbacks, and final restoration.
(4)
A certification issued by a New York state licensed professional
shall be provided to the Village within 30 days of the completion
of work on the protected street. The certificate shall state that
the type of work performed was as described in the opening permit
application and that all phases of the restoration were performed
in accordance with Village rules, regulations and specifications.
F. Payment of costs required.
(1)
In addition to filing fees that may be required elsewhere in
the Village Code and as set from time to time by the Board of Trustees,
on all opening permit applications for the opening of a protected
street as defined herein, the applicant shall be liable to the Village
and shall pay the following costs which may be incurred by the Village
in processing the opening permit application:
(a)
Reasonable engineering fees of the Village Engineer at the rates
approved by the Board of Trustees;
(b)
The legal fees of Board of Trustees;
(c)
Stenographic minutes of meetings and hearings;
(d)
Fees of environmental and planning consultants; and
(e)
Any other necessary and reasonable costs incurred by the Village
relative to the opening permit application.
(2)
Applicants shall be responsible for the proper repair of a protected
street opening or excavation for a period of five years from the date
of completion.
(3)
All restorations shall conform with the latest version of Nassau
County Standard Specifications and the Village's rules and regulations
and said compliance must be certified by the Village Engineer.
(4)
Where the opening of a protected street cannot be confined to
within six feet of the curb-line, including the required cutback,
full curb-to-curb restoration shall be required where protected street
status has been in effect for 24 months or less, unless otherwise
directed by the Village.
(5)
In the event a permanent restoration pavement installed in violation
of the provisions above or otherwise settles more than two inches
below the surrounding existing surface during the life of the backfill
compaction, the applicant shall promptly remove all of the backfill,
down to the subsurface facility, and install new, properly compacted
backfill and shall resurface the applicable protected street in accordance
with the requirements of the Village Engineer.