[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was repealed 5-5-2003 by L.L. No. 1-2003.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.
