A. 
No person or public-service, water, light or power company shall excavate in any street or sidewalk for any purpose without first obtaining a permit as hereinafter provided.
B. 
No property owner shall repair any sidewalk without first obtaining a permit from the Engineering Department of the Department of Public Works at a fee that will be determined by the Board of Trustees.
[Added 4-17-2012 by L.L. No. 5-2012]
[Amended 5-7-1991 by L.L. No. 4-1991; 5-16-1995 by L.L. No. 3-1995; 4-17-2012 by L.L. No. 5-2012]
Upon application in writing, filed with the Village Clerk, accompanied by a fee as determined by the Board of Trustees, stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a street or sidewalk, the Village Clerk may grant a permit therefor. This fee shall be in addition to any sum required pursuant to § 116-24.
A. 
Required. Except where such excavation or disturbance shall be directly authorized by law, the Village Clerk shall require the applicant for a permit required as provided in § 116-22, if other than a duly recognized public utility company, to deposit with the Village Clerk a sum of money which shall be deemed by the Village Clerk to be adequate to pay the expense to which the Village may be put to replace the street, sidewalk, pavement, curb or gutter in proper condition should the same not be done by the applicant, which sum shall not be less than $750, and shall require an agreement on the part of the applicant for such permit to replace the same to the satisfaction of the Village Engineer.
[Amended 5-7-1991 by L.L. No. 4-1991; 5-16-1995 by L.L. No. 3-1995]
B. 
Use. In the event such street, sidewalk, pavement, curb or gutter is not replaced within the time prescribed in such permit, same shall be replaced by the Village out of the funds of the applicant so deposited, and in the event the sum so deposited shall prove insufficient to make such repair, then the said applicant shall be responsible to the Village for the difference. When such street, sidewalk, pavement, curb or gutter shall have been replaced to the satisfaction of the Village Engineer and he shall so certify, such deposit, less the cost of repairs, shall be returned to the applicant.
The applicant for a permit required as provided in § 116-22 shall deliver to the Village a surety bond in form satisfactory to the Village, in an amount not less than $2,000 for several street openings, not to exceed 10; said bond shall provide for the replacement by the applicant of any street opening to the satisfaction of the Village Engineer. In the event said street opening is not replaced within the time prescribed in such permit or to the satisfaction of the Village Engineer, same shall be replaced by the Village, and upon presentation of any claim to the surety company, such claim shall be paid to the Village by the surety company.
Every application for such permit shall be accompanied by a certificate of insurance in form approved by the Village and issued by an insurance company authorized to do business in the State of New York, naming the Village as a party insured and providing public liability coverage of not less than $500,000/$1,000,000 and property damage of not less than $50,000, or such other amounts, lesser or greater, as the Board of Trustees may require, and saving the Village harmless from all claims, actions and proceedings brought by any person for injury to person or property. The policy shall also insure against damage to the street, sidewalk or other public place for which the permit is issued.
The permit required as provided in § 116-22 shall expire 60 days after the date of issuance.
Where permits are granted for work done at the direction of the Village, each application for permit hereunder shall be filed with the Village Clerk, accompanied by a fee of $10 for the cost of the inspection of the excavation by the Village Engineer. The fee and permit herein required shall be in addition to permits required for construction of sidewalk, curb or apron.
[Amended 5-7-1991 by L.L. No. 4-1991]
A. 
No work shall be commenced pursuant to any permit issued pursuant to this article unless and until such notice as shall be directed by the Village Engineer shall have been given to public-service corporations having lines, mains or other property in the streets, advising them to protect their property. All permits granted for street excavations for private purposes shall be conditioned upon adequate protection for the property of the Village and public-service corporations in the streets at the expense of the applicant.
B. 
It shall be a condition of the issuance of such street opening permit that the applicant shall not use any machinery or other mechanical equipment for excavating in any street in the Incorporated Village of Hempstead within a distance of five feet, measured in a horizontal plane on the road surface from the vertical upward projection of the pipeline in question, from any gas transmission line operating at a pressure in excess of 125 pounds per square inch gauge running through such streets or roads, and all digging or excavating within an area of five feet from such pipelines or conduits shall be done by the use of hand-held equipment. This shall not prohibit the use of pneumatic drills for the fracture of pavement, provided that such drills are so constructed as to prevent penetration of more than 12 inches, nor the use of a mechanical backhoe or similar device to remove the fractured pavement only to a depth not in excess of 18 inches from the surface. Pavement breakers involving the use of weights, balls, hydrahammers and similar equipment shall not be permitted within said digging area.
Any trenches dug in the street shall be properly sheeted where necessary to prevent caving in of the banks. In no case will the side of any trench be sloped to eliminate the use of sheeting.
A. 
Generally. Any trench dug in a street shall be carefully backfilled within 24 hours after pipe has been laid, and any trench shall be backfilled in accordance with the requirements of Part Three, Section D, Paragraph (n), Filling and Backfilling at Structures, Culvert and Pipe, of the County of Nassau, Department of Public Works Specifications for the Construction of Highways and Bridges, with Addenda Notes and Modifications, or as ordered by the Village Engineer. Should the above-mentioned specifications be superseded, the later publication shall be considered applicable.
B. 
The restoration of the road surface shall utilize methods and materials as ordered by the Village Engineer.
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 Public Works.