[Adopted as Ch. 180, Art. III, of the 1976
Code]
[Amended 2-4-2003 by L.L. No. 2-2003]
No person, persons, firm, association or corporation
shall alter or disturb the grade of any public street, or public place
within the Village or disturb the surface of or pavement upon any
public street or public place, or dig up or excavate any such public
street or public place within said Village, until said person, persons,
firm, association or corporation shall have first obtained a permit
therefor from the Village.
[Amended 9-16-1976 by L.L. No. 16-1976; 7-7-1987 by L.L. No. 12-1987; 2-4-2003 by L.L. No. 2-2003]
A.Â
Every application for a permit to alter or disturb
the grade of any public street or public place or to disturb the surface
of or pavement upon any public street or public place shall be in
writing, stating the purpose, extent, location and nature of the proposed
excavation or other disturbance of a public street or public place
within the Village.
B.Â
Every applicant for a permit, in addition to a fee
in the amount set forth by the Board of Trustees, shall deposit with
the Village Treasurer a sum of money required by the Village, depending
on the size and location of the excavation or opening of any public
street, sidewalk, pavement, or gutter over which the Village shall
have jurisdiction, to cover the cost of restoration thereof, in accordance
with specifications hereinafter set forth; and said deposit shall
be in accordance with the rate scale for repairs, adopted by the Board
of Trustees, and shall further indemnify the Village and save it harmless
from any and all liability which may result from any such disturbance,
change or alteration of grade or excavation by the applicant of any
portion of any public street, or other public place.
[Amended 12-16-2003 by L.L. No. 17-2003]
C.Â
Each application for a permit hereunder shall also
be accompanied by a certificate of insurance, in a form approved by
the Village Clerk, running to the Village, stating that the applicant
has provided bodily injury liability and property damage liability
to save the Village harmless from all claims, actions, and proceedings
brought by any person for injury to person or property resulting from
or occasioned by any fault or default by the Village, its employees,
or agents or by the person to whom the permit is issued or anyone
acting thereunder and protecting the Village against any damage caused
to any public street or other public property by reason of the work
done pursuant to any permit issued hereunder, all in such amounts
as shall be prescribed from time to time by the Board of Trustees.
[Amended 12-16-2003 by L.L. No. 17-2003]
A.Â
Any water company, gas company or electric or telephone
company or special district may, in lieu of the making of the deposit
hereinabove set forth, file with the Village Clerk a surety company
bond in such penal sum, in such form, and with such sureties as may
be approved by the Board of Trustees, securing the Village against
loss, damage, or expense caused by failure of such public utility
company and/or special district to restore any public street excavated,
opened or dug up by such public utility company or special district
in accordance with the specifications hereinafter set forth.
[Amended 2-4-2003 by L.L. No. 2-2003; 12-16-2003 by L.L. No.
17-2003]
B.Â
No permit shall be issued to any such public utility
company or special district when, in the opinion of the Superintendent
of Highways, the cost of restoring all then existent street openings
made by such public utility company or special district may exceed
the amount of the aforesaid bond.
C.Â
Nothing herein shall be deemed to relieve such public
utility company or special district from applying for and paying the
fee, in such amount as shall be prescribed from time to time by the
Board of Trustees, for the permit required, as hereinabove set forth.
[Amended 9-16-1976 by L.L. No. 16-1976; 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003]
D.Â
In the event of any violation of any of the provisions
of this article by any public utility company or special district
which has filed a bond as aforesaid, the Board of Trustees of the
Village of Great Neck may order that no additional permits be issued
to any such public utility company or special district unless the
fee for the permit, together with the cash deposit as hereinabove
provided, be paid.
Each and every permit issued pursuant to the
terms and provisions of this article shall be at all times in the
possession of the parties actually prosecuting the work.
No work may be commenced under any permit granted
pursuant to this article unless or until such notice as shall be directed
by the Village, shall have been given to public service corporations
having lines, mains or other property in the street, for the protection
of their property.
A.Â
No tunneling under any of the street surfaces shall
be permitted at a straight opening crossing pavement; nor, in opening
any longitudinal trenches, shall any so-called buttresses with tunnels
underneath be developed. The entire depth, length and width of the
trench shall be opened.
[Amended 2-4-2003 by L.L. No. 2-2003]
B.Â
In cutting the pavement, all reinforcement shall be cut along the center line of the trench and bent back over the edge of the remaining pavement. After the backfill has been replaced, as provided in § 485-17, the reinforcing material shall then be bent back as near to its original position as possible, after which temporary pavement shall be placed by methods acceptable to the Village Superintendent of Public Works, hereinafter referred to as the Superintendent.
A.Â
The trench shall be carefully refilled, as soon as
possible after the installation set forth in the permit is complete,
in a manner as hereinafter provided, using the excavated material
and/or such other fill as may be required by the Superintendent. The
material within one foot over the top of the work shall be placed
in layers of six inches and thoroughly rammed.
B.Â
In case the backfill consists of practically all sand,
water may be used for settling. In this event, 50% of the total depth
of the backfill shall be made, followed by a thorough saturation with
water, after which the balance of the backfill shall be made and the
same treatments given it. After the backfill has been properly made
to the satisfaction of the Superintendent, the party holding the permit
shall cause temporary pavement to be placed over the opening area
and any adjoining pavement which may be disturbed because of such
backfilling operation. Said temporary pavement shall consist of asphaltic
cement of not less than two inches in thickness, or of such other
material as may be approved by the Superintendent. After sufficient
time has elapsed for a proper settlement of the backfill, the temporary
pavement shall be removed and permanent pavement installed in accordance
with the following sections.
[Amended 6-5-2012 by L.L. No. 12-2012]
C.Â
The applicant shall at all times preserve said backfill
and temporary pavement in a good and safe condition. In the event
of the failure of the applicant to properly maintain the backfill
and temporary pavement disturbed by him, the Village shall have the
right, after 24 hours' written notice to the applicant, to take whatever
action is necessary and perform whatever work is necessary to restore
same to a proper and safe condition; and the cost thereof shall be
charged against the applicant and deducted from the deposit made by
him or paid by the surety as the case may be.
A.Â
In the replacement of pavement, all temporary pavement
or backfill shall be removed and the adjoining pavement, if any, shall
be removed to a width of one foot on each side of the trench where
such trench is not deeper than three feet. In case the trench is of
greater depth, the surrounding pavement to a width of two feet on
all sides shall be removed. In either case, if the space between the
edge of pavement as removed and the outer edge of remaining pavement,
either against earth shoulders, concrete gutters, headers or otherwise,
is of a lesser width than one foot, it shall also be removed. The
subsurface shall then be thoroughly tamped to bring said subsurface
to a safe and solid condition to receive and carry new foundation.
B.Â
After the trench has been prepared, as specified in Subsection A, a one-to-two-to-three-and-one-half mix, gravel or broken stone concrete base, shall be laid, with which shall be installed five-eighths-inch reinforcing bars or wire mesh spaced on twelve-inch centers and two inches above the bottom of the concrete base. This base shall be six inches in thickness and shall be so laid as to permit the placing thereon of a bituminous pavement compressed, by the use of not less than a three-ton roller, to a thickness of two inches, the surface of which shall conform to a true grade with the surrounding pavement. All bituminous pavement replacements shall be finished in a workmanlike manner and shall conform as nearly as possible to grade and finish of the surrounding pavement.
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. Such
barriers and lights shall conform in kind and number to the requirements
of the Superintendent of Highways. Failure to provide barriers and
lights conforming to the requirements of said Superintendent shall
be prima facie evidence of a failure to provide suitable barriers
and lights.
Any permit issued herein shall not be construed
in a manner to make the Village liable for any negligence of such
applicant in making said excavation.
[Amended 9-16-1976 by L.L. No. 16-1976]
In the event of the failure of the applicant
to restore properly any earth or pavement disturbed by him within
10 days after a notice by certified mail to such applicant, by the
Village, such earth and pavement shall be restored by the Village
and the cost thereof charged against such applicant and deducted from
the deposit made; and if the cost of such restoration does not amount
to said sum, the balance, if any, shall be refunded to the applicant
by the Village, on resolution of the Board of Trustees.
Any person, firm, association or corporation altering or disturbing any curb, sidewalk or gutter shall replace and restore the same in accordance with the specifications and requirements set forth in Article IV, in addition to any requirements or regulation in the within article.
