[Adopted 2-6-1984 by L.L. No. 2-1984]
[Amended 2-9-1998 by L.L. No. 1-1998; 3-8-2004 by L.L. No. 1-2004]
No person, firm or corporation other than corporate
authorities of the Village of Atlantic Beach shall alter, disturb
the grade, open the surface or excavate beneath the surface of any
public highway, or public place or public street in the Village of
Atlantic Beach until and unless a permit shall be obtained therefor,
signed by the Clerk of said Village and which permit shall not be
granted unless the applicant desiring the same shall at the time of
making an application for such permit, deposit with the Clerk of said
Village the sum of $2,500 in cash, or in lieu of making such cash
deposit, a surety bond or undertaking executed by a fidelity and surety
company, authorized by the laws of this state to transact business,
to guarantee to properly restore said public highway, public street
or public place to its former condition. In the event the area of
such work shall be in excess of 150 square feet, the amount of such
deposit shall be increased at the rate of $5 per square foot of such
additional area. Such work shall be done under the supervision of
and in accordance with the directions of the Village Highway Department.
In addition to the cash deposit or surety bond hereinbefore mentioned,
the applicant shall pay a fee as set forth, from time to time, by
resolution of the Board of Trustees,[1] to cover the cost of inspection or supervision of the
restoration work, which sum shall be retained by the Village and not
returned.
[1]
Editor's Note: The current fee schedule is
on file in the Village offices.
[Added 9-11-2017 by L.L.
No. 5-2017]
A.
Openings on newly constructed or resurfaced roads. 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 constructed
or resurfaced highway. Should such an opening be required for emergency
purposes, permission must be obtained from the Building Department
and restoration plans reviewed and approved by the Superintendant
of Public Works.
B.
Restorations.
(1)
All restorations shall be cut back a minimum of 12 inches on
each side of the excavation 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 of less than three feet
in the smaller dimension.
(2)
Work must commence within 30 days from the date of the permit
and be satisfactorily restored within 90 days thereafter unless otherwise
extended, in writing, by Public Works Department.
C.
Construction requirements. 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.
D.
Pavement restoration specifications.
(1)
Bituminous-type pavement.
(a)
One and one-half inches minimum compacted asphalt concrete Type
1A, Item 36SS, two inches minimum compacted dense-graded base course
asphalt concrete Item 36DX-M, five inches minimum compacted dense-graded
aggregate base course Item 398 (RCA), all edges of restored pavement
shall be sealed with hot asphalt cement a maximum width of 2 1/2
inches.
(2)
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 4,000
pounds per square inch in 48 hours. The concrete shall be of the same
thickness as the adjacent undisturbed concrete. With the approval
of the Building 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.
[1]
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.
[2]
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.
Upon the expiration of one year after completion of the work mentioned in § 200-6 hereof, the applicant shall first obtain a certificate from the Village Highway Department stating that the work was satisfactorily completed. Upon presentation of such certificate signed by the Village Clerk to the Village Treasurer, said Village Treasurer shall return to the applicant the cash sum deposited without interest or discharge the bond filed in connection therewith.
In the event that the applicant fails or refuses
to properly restore said street or public place to the satisfaction
of the Village Highway Department within five days after notice in
writing from the Village Clerk, addressed to the applicant at the
address set forth in his application, said street or public place
may be restored by the Village of Atlantic Beach and the cost and
expense thereof shall be charged to said applicant out of the sum
deposited at the time of the granting of the permit or collected by
the Village from the principal and surety of any bond filed in connection
therewith.
Each and every permit issued in pursuance to
the terms and provisions of this article shall at all times be in
the possession of the person actually prosecuting or superintending
the work for the applicant, and shall be exhibited on demand to the
police or other authorities of said Village.
All applicants to whom a permit shall be issued
under this article are required to properly guard all disturbances,
openings, diggings or excavations by guard rails, signal lights or
such other means as may be necessary to warn the public of the danger
to be apprehended. No such permit shall be construed in any manner
to make the Village of Atlantic Beach liable for any constructive
negligence of said applicant in carrying on the work authorized to
be done under such permit.
Every application for a permit hereunder shall
be in writing signed by the applicant or a duly authorized agent.
The Clerk of the Village of Atlantic Beach shall have printed forms,
which forms in addition to other necessary matters, shall have the
post office address and also the provision that in consideration of
the granting of the permit, the applicant will save and keep harmless
the Village of Atlantic Beach, its officers and trustees, from all
claims and damages caused by any negligence of such applicant, in
altering, disturbing, opening, digging or excavating under such permit
or failing to properly guard the same.
[Amended 2-9-1998 by L.L. No. 1-1998]
Every person convicted of a violation of any
of the provisions of this article, shall be punished by and subject
to a fine of not more than $500 or imprisonment not exceeding 15 days,
or both, for each such violation. Each and every day or part thereof
during which such violation continues shall constitute a separate
violation of this article.
