[Adopted 1-4-1982 by L.L. No. 1-1982;
amended in its entirety 12-4-1995 by L.L. No. 2-1995]
No person other than the municipal authorities
of the Village of Hewlett Neck shall alter, disturb the grade, open
the surface or excavate beneath the surface of any street or public
place in the Village of Hewlett Neck until and unless a permit shall
be obtained therefor, signed by the Clerk of said Village. The Village
Clerk shall supply a copy of this article with any permit issued pursuant
to this section. Reference in this section and any succeeding section
to a "street" shall be deemed to include any unpaved sections or portions
of such street.
[Amended 1-5-1998 by L.L. No. 1-1998; 9-7-1999 by L.L. No. 7-1999]
A.
No such permit shall be issued until and unless the
applicant desiring the same shall, at the time of such application
for permit, pay to the Clerk of the Village the required fee for such
permit and deposit with such Clerk a sum in cash, set by resolution
of the Board of Trustees from time to time, to guarantee the proper
restoration of said street or public place to its former condition.
B.
In the event that the area of such work shall be in
excess of 150 square feet, the amount of such deposit shall be increased
at the rate as set by resolution of the Board of Trustees from time
to time per square foot of such additional area.[1]
[1]
Editor's Note: Former Subsection C, allowing
surety bonds or undertakings in lieu of a cash deposit, which immediately
followed this subsection, was repealed 5-5-2003 by L.L. No. 1-2003.
[Added 5-5-2003 by L.L. No. 1-2003[1] ]
Upon the expiration of one year after completion of the work mentioned in § 115-1 hereof, including any required restoration work, the applicant may apply for a certificate from the Village Building Department or Village Engineer stating that the work was performed and completed. Upon presentation of such certificate, signed by the Village Clerk, to the Village Treasurer, the Village Treasurer shall return to the applicant the cash sum deposited in connection with the applicable permit.
[1]
Editor's Note: This local law also replaced
former § 115-3, Public utility companies; cable television
franchisees; bond, as amended.
In addition to such permit fee and cash deposit,
the applicant shall also pay to the Village prior to issuance of any
such permit a sum of money as may be required by resolution of the
Board of Trustees for the inspection costs reasonably anticipated
to be incurred by the Village for inspection of the work.
[Amended 5-5-2003 by L.L. No. 1-2003]
All work authorized by any permit issued pursuant
to this chapter, other than required restoration work, shall be completed
within 60 days after issuance of the permit. All required restoration
work shall be completed within nine months after issuance of the permit,
unless a shorter period is determined by the Board of Trustees when
the permit is issued. By resolution, the Board of Trustees may extend
either of the foregoing periods of time. Any person who fails to complete
authorized work or required restoration work within the time period
provided by this section shall be guilty of a violation of this Code
for each and every day such failure shall continue.
A.
Notice to public service corporations and municipalities.
Whenever any street shall be opened or graded in which the pipes,
mains or conduits of any municipal entity or authority or any public
service corporation (which, for the purposes of this article, shall
include any entity holding a franchise from the Village for operation
of a cable television system) are laid, the contractor therefor shall
give notice thereof, in writing, to such entity, authority or corporation
at least 14 days before breaking ground therefor. The requirement
of such notice shall be included in every contract for opening or
grading any street in the Village in which such pipes, mains or conduits
shall be laid at the time of making such contract.
B.
Municipal entities and authorities and public service
corporations shall protect their property. Municipal entities and
authorities and public service corporations whose pipes, mains or
conduits are about to be disturbed by the opening or grading of any
street shall, upon receipt of the notice provided for in the preceding
subsection, remove or otherwise protect and replace their pipes, mains
and conduits and all fixtures and appliances connected therewith or
attached thereto, where necessary, under the direction of the Village
Engineer or other authorized representative of the Village.
[Amended 9-7-1999 by L.L. No. 7-1999]
C.
All persons having or proposing to install facilities
in, on or over any street shall be responsible for reviewing the Village
plans for street improvements and repairs. Such persons shall make
provision to do any work, except emergency work, which requires the
opening, grading or use of any street prior to or during the improvement
or repair of such street by the Village.
D.
Notwithstanding any other provision of this article,
no permit to use, grade or open any street shall be issued to any
person within five years after any such street improvement or repair
of the area to be opened unless such person demonstrates that such
work could not reasonably have been anticipated prior to or during
such improvement or repair. Notwithstanding the foregoing, the Board
of Trustees may issue a permit to open a street within such five-year
period upon a finding of necessity therefor, subject to such conditions
as the Board may establish in each such case, including appropriate
guaranties against the deterioration of the restored pavement.
[Added 9-7-1999 by L.L. No. 7-1999]
In addition to any other requirement for a street
excavation permit, an applicant for such permit shall, as a condition
thereof and before commencing any work thereunder, supply to the Village
Clerk a certificate of insurance demonstrating that a comprehensive
general liability insurance policy is in effect for the duration of
the period of the permit, in the principal amount of at least a combined
single limit of $1,000,000, naming the Village as an additional insured
and providing that such policy shall not be canceled or nonrenewed
without at least 30 days' prior written notice to the Village.
[Amended 9-7-1999 by L.L. No. 7-1999; 6-5-2006 by L.L. No. 2-2006]
A.
General provisions. Whenever any pavement, sidewalk,
curb or gutter in any street shall be taken up, the person or persons
by whom or for whose benefit the same is removed shall restore such
pavement, sidewalk, curb or gutter to its proper condition to the
Village's specifications and to the satisfaction of the Village Engineer
or Village Building Inspector.
B.
Maintenance of street hardware. All manhole covers,
castings and other street hardware shall be maintained flush with
the existing surrounding grade. All loose, slippery or broken manhole
covers, castings and other street hardware shall be replaced to the
Village's specifications and to the satisfaction of the Village Engineer
or Village Building Inspector.
C.
Payment of costs. If the pavement, sidewalk, curb,
gutter or street hardware is not properly restored, replaced or maintained
to the satisfaction of the Village Engineer or Village Building Inspector
pursuant to this section, the Village may perform said restoration,
replacement or maintenance, and the cost and expense thereof may be
charged against the person or persons who took the same up or for
whose benefit the same was removed or taken up. Such cost and expense
shall be charged against the deposit paid in accordance with this
article, if any, or collected by the Village from the principal and
surety of any surety bond or undertaking filed in connection with
the issuance of any permit for such removal or taking up, and the
applicant for such permit or the person or persons who removed or
took the same up or for whose benefit the same was removed or taken
up shall be liable to the Village for any deficiency.
A.
If any pavement that has been removed shall not be
relaid to the satisfaction of the Village Engineer or Village Building
Inspector, he or she may cause a written notice to be served either
upon the person by whom such pavement was removed or, if the pavement
was removed for the purpose of making or repairing a connection between
any house or lot and any sewer or pipes or conduits in the street
or for constructing vaults or otherwise improving such house or lot,
upon the owners or occupants of such house or lot, such notice requiring
such person or the owner or occupant of such house or lot to have
such pavement properly relaid (to the satisfaction of the Village
Engineer or Village Building Inspector) within five days after service
of such notice.
[Amended 9-7-1999 by L.L. No. 7-1999; 6-5-2006 by L.L. No. 2-2006]
B.
Such notice may be served upon the owner or occupant
of a house or lot by leaving the same with any person of adult age
upon the premises or by posting the same thereupon.
C.
In the event that the person or persons to whom such
notice is given do not relay said pavement as required by this article
within such period of time, such person or persons shall be guilty
of a violation and shall be subject to the penalties and other remedies
provided in this Code for such violations.
D.
In addition to any such penalties, where such notice
has been given and such person or persons to whom the notice has been
given do not relay said pavement as required by this article within
such period of time, said pavement may be restored by the Village,
and the cost and expense thereof shall be charged against the deposit
paid in accordance with this article or collected by the Village from
the principal and surety of any surety bond or undertaking filed in
connection with the issuance of any permit, and the applicant for
such permit shall be liable to the Village for any deficiency.
E.
Rules and regulations. The Board of Trustees shall
establish such rules and regulations as, in its judgment may be deemed
necessary for the purpose of carrying out the provisions of this section.
Such regulations shall provide that any restoration of pavement shall
include restoration of all pavement from one side of the street or
public place to the other, in a strip at least four feet wider than
the area required to be disturbed but not less than six feet wide,
except where the Board of Trustees provides otherwise upon request
of a person to whom a permit has been or may be issued.
F.
Reasonable notice of improper or inadequate restoration
of pavement or maintenance of street hardware. Except where otherwise
expressly provided in this article and except where the condition
of the pavement or hardware is an imminent danger to life or safety,
notice of improper or inadequate restoration of pavement or street
hardware may be given by ordinary mail. In the case of public service
corporations, such notice may be written or oral and shall be given
to a representative of such corporation at such place as designated
by such corporation, and the utility shall respond within 24 hours.
Every applicant, by applying for and accepting
a permit and by undertaking the work, expressly agrees to protect,
indemnify and save harmless the Village and its officers and agents
from any and all liability or claim of liability and from any and
all cost and expense in relation thereto, including counsel fees,
in any way arising out of the work.
A.
No curb or its equivalent shall be constructed unless
and until an application has been filed with the Village and a permit
therefor has been issued by the Board of Trustees or by some person
designated by the Board of Trustees for the purpose.
B.
The curb shall be of the type commonly known as "Belgian
block," of which the individual blocks shall be not less than six
inches in height and approximately four inches to five inches in width,
shall be set in a cement or concrete base at least two inches deep,
shall project to a uniform height of not less than three inches nor
more than six inches above the surface of the ground on the roadway
side, shall be firmly cemented together and shall comply with a survey
prepared by a licensed surveyor and with specifications prepared by
the Building Inspector. The cost of both the survey and specification
is to be paid by the applicant.
[Added 9-7-1999 by L.L. No. 7-1999]
Each and every permit issued pursuant to this
chapter shall be at all times prominently displayed at the site where
the work authorized by such permit is being performed and shall be
exhibited on demand to the police or authorities of the Village.
[Added 9-7-1999 by L.L. No. 7-1999]
All applicants to whom a permit shall be issued
pursuant to this chapter are required to properly guard all disturbances,
openings, diggings or excavations by guardrails, signal lights or
such other means as may be necessary to warn and protect the public
of danger to be apprehended. No permit issued hereunder shall be construed
in any manner to make the Village liable for any actual or constructive
negligence of said applicant or the agents of such applicant in carrying
on the work authorized to be done under such permit.
[Added 9-7-1999 by L.L. No. 7-1999]
Every application for a permit hereunder shall
be in writing, signed by the applicant or a duly authorized agent,
and shall be submitted on forms made available by the Village Clerk.
Such form shall include, and shall be deemed to include, the provision
that the applicant will save harmless and indemnify the Village, its
officers, agents and employees from all claims and damages, costs
and expenses caused by the negligence or other wrongful conduct of
the applicant or the applicant's agents or employees in connection
with the work authorized by the permit.
[Added 11-29-2022 by L.L. No. 9-2022]
A.
A barrier curb is a raised vertical curb installed at the edge of
a roadway.
B.
Unless otherwise directed in writing by the Building Department, a private property owner shall install a barrier curb, constructed in accordance with the provisions of this section and any supplementary design standards adopted by the Building Department, along the entirety of any roadway upon which the property abuts, as a condition of a building permit issued for construction work that increases the overall building area (as defined in Chapter 195) by more than 50% or involves the construction of a new or demolished and rebuilt residence.
C.
No barrier curb shall be constructed until an application has been
filed with the Village and a permit therefor has been issued by the
Building Department or any other department or official designated
by the Board of Trustees for that purpose.
D.
The barrier curb shall be of the type commonly known as "Belgian
block," of which the individual blocks shall be not less than six
inches in height and approximately four inches to five inches in width,
shall be set in a cement or concrete base at least two inches deep,
shall project to a uniform height of not less than three inches nor
more than six inches above the surface of the ground on the roadway
side, shall be firmly cemented together and shall comply with a survey
prepared by a licensed surveyor and with specifications prepared by
the Building Inspector. The cost of both the survey and specification
is to be borne by the applicant.
