[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.
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.
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.