[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.