[Amended 4-1-1952; 4-1980 by L.L. No. 2-1980; 12-18-1984 by L.L. No. 10-1984; 3-20-1991 by L.L. No. 2-1991; 5-5-1992 by L.L. No. 1-1992; 3-1-1994 by L.L. No. 1-1994; 2-4-2003 by L.L. No. 1-2003]
A. 
No person, firm or corporation, public service, water, light or power company shall excavate in any street, highway or sidewalk in the Village for any purpose without obtaining a permit from Superintendent of Public Works as hereinafter provided.
B. 
In doing any excavation, no shade or ornamental tree in any street, park or any other public place within the Village of Floral Park may be removed, cut or trimmed without first obtaining permission in writing from the Board of Trustees, countersigned by the Village Administrator/Clerk.
C. 
For purposes of this article, the following definitions shall apply:
CORRECTIVE ACTION REQUEST or CAR
A formal notice by the Department that work performed and/or a condition created or maintained on a street is in violation of this article or other applicable regulations, as well as a request that action be taken by the person to whom such notice is addressed to correct the work and/or condition described.
DEPARTMENT
Department of Public Works.
EMERGENCY
A situation endangering the public safety or causing or likely to cause the imminent interruption of service required by law, contract or franchise to be continuously maintained.
EMERGENCY WORK
Work necessary to correct a situation endangering the public safety or causing or likely to cause the imminent interruption of service required by law, contract or franchise to be continuously maintained, for example, by a governmental agency, a public utility, etc. Such term shall not include work on new construction, regrades of existing hardware, continuation of an existing permit that has expired or will expire imminently or any other work which is not necessary to correct a condition likely to endanger public safety or to cause such an imminent interruption of service.
PROTECTED STREET
A street which has been resurfaced or reconstructed within five years prior to the date of application for a permit.
SPECIFICATIONS
The standard specifications available from the Department for street excavation work.
STANDARDS
The standard detail of construction available from the Department for street excavation work.
Upon application, in writing, filed with the Superintendent of Public Works stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a street or highway in the Village, the Superintendent of Public Works may grant or refuse a permit therefor. Except where such excavation or disturbance shall be directly authorized by law, the Superintendent of Public Works shall require the applicant to deposit with the Village Clerk a sum of money which shall be deemed by the Superintendent of Public Works to be adequate to pay all of the expense to which the Village may be put to replace the street or sidewalk, pavement, curb or gutter in proper condition and shall require an agreement on the part of the applicant for such permit to replace same to the satisfaction of the Superintendent of Public Works. In the event such pavement, sidewalk, curb or gutter is not replaced within the time prescribed in such permit, same shall be replaced by the Village out of funds of the applicant so deposited, and in the event the sum so deposited shall prove insufficient to make such repair, then the applicant shall be responsible to the Village for the difference. When such pavement, sidewalk, curb or gutter shall have been replaced to the satisfaction of the Superintendent of Public Works and he shall so certify, such deposit or the remaining balance thereof shall be returned to the applicant. A separate permit shall be obtained for each type of street opening specified in § 81-36 and for each intersection where excavation work is to be performed.
Except where otherwise provided by law or where permits as above are granted for work done at the direction of the Village, each application for such permit shall be accompanied by a fee as set below for each excavation to be paid to the Village Clerk. The fee and the permit herein required shall be in addition to permits required for construction of any sidewalk, curb or highway.
A. 
Normal street opening.
(1) 
Fee: $100.
(2) 
Maximum duration: 15 days.
(3) 
Maximum distance: 200 linear feet.
(4) 
Maximum width: 12 feet.
B. 
Protected street opening:
(1) 
Fee: $200.
(2) 
Other charge: inspection fee of $150.
(3) 
Maximum duration: 15 days.
(4) 
Maximum distance: 100 linear feet.
(5) 
Maximum width: 12 feet.
C. 
Emergency permit.
(1) 
Fee: $100.
(2) 
Maximum duration: 2 days.
(3) 
Maximum distance: 100 linear feet.
(4) 
Maximum width: 12 feet.
D. 
Material storage associated with excavation project:
(1) 
Fee: $50.
(2) 
Other charge: $30 a month (inspection fee).
(3) 
Maximum duration: two months or expiration of street opening permit, whichever is less.
(4) 
Maximum distance: 100 linear feet.
(5) 
Maximum width: eight feet.
E. 
The fee for a permit under § 81-34B to remove, cut or trim a tree shall be $150.
No work shall be commenced under any permit granted pursuant to this section unless and until such notice as shall be directed by the Superintendent of Public Works shall have been given to public utilities having lines, mains and other property in the streets, for the protection of 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. All applicants and public utilities shall comply with the New York State Industrial Code relating to construction excavation and demolition operations at or near underground utilities.
A. 
Permit requirements. In case of an emergency requiring emergency work arising after business hours, at night, on Sundays or legal holidays, the same shall be reported to the Police Department, which shall grant permission to make the necessary excavation upon the express condition that an application be made in the manner prescribed by this article on or before noon of the next following business day. An emergency permit may only be issued for emergency work to be performed on existing services.
B. 
Conditions.
(1) 
An applicant shall perform emergency work on an around-the-clock basis until the emergency is eliminated, unless otherwise directed by the Superintendent of Public Works.
(2) 
All unattended street openings or excavations in a driving lane, including intersections, shall be plated, except as otherwise directed by the Superintendent of Public Works. The Superintendent of Public Works may require all street openings and excavations at any location to be plated when no work is in progress.
(3) 
Barricades, signs, lights and other approved safety devices shall be displayed in accordance with New York State or Federal Manual on Uniform Traffic Control Devices.
(4) 
No private vehicles shall be kept within the emergency work area.
(5) 
Permittees whose work results in the closing of a moving traffic lane, which requires traffic to be diverted to another lane, shall, at all times while actively working at the site, post a flagperson or utilize an authorized plan for the maintenance and protection of traffic at the point where traffic is diverted to assist motorists and pedestrians to proceed around the obstructed lane.
All work under a permit granted hereunder shall be under the supervision of the Superintendent of Public Works and in conformity with his instructions and the following requirements:
A. 
When in consequence of the weather or any process of the law, or any other unexpected obstacle, the work shall be stopped for so long a time that public travel shall be obstructed, the excavation or opening shall be refilled as if the work contemplated in a permit were actually completed.
B. 
In no case shall a person open or remove a greater area of surface and in no other location than that specified on the original or supplementary application without first having applied for and procured the written consent of the Superintendent of Public Works.
C. 
All materials for paving or macadamizing must be removed with the least possible injury or loss of the same and, together with the excavated material must be placed where they will cause the least possible inconvenience to the public. Paving materials and earth removed must be kept separate. The width of the excavation or opening shall be no greater than is necessary for doing the work. Sheeting and bracing shall be used when the excavation or opening is five feet or more in depth. The street, alley, sidewalk or other public place must be opened in a manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter. Excavation shall be made in open cut. Tunneling may be done only with special permission of the Superintendent of Public Works and under such conditions as he may impose. No excavations shall be undercut or have a greater width at the bottom than at the top. In case of slips or slides of the sides of the excavation, the same shall be trimmed to solid earth and the top surface cut back to the limit of the same before any backfilling is commenced.
D. 
All openings shall be refilled and temporarily resurfaced on or before the time fixed in the permit, and written notice shall be given to the Superintendent of Public Works when the work is completed. Such temporary resurfacing shall be maintained by the person to whom the permit is issued until the person designated shall permanently resurface such opening. Refilling shall be done in thin layers not exceeding six inches in height, firmly rammed until the excavation is filled or to a proper line of placing the paving thereon. All deficiencies in materials shall be made good with new materials by the person making the excavation. All materials used for backfill shall be in proper condition. All frozen, wet or soggy earth must be removed and replaced with a filling of proper consistency. Coarse, lumpy or cloddy earth must be pulverized before being returned to the excavation. All excavations in paved streets shall be refilled with crushed stone thoroughly compacted if, in the opinion of the Superintendent of Public Works, weather or soil conditions require same. Puddling or water tamping shall be done only by permission of the Superintendent of Public Works.
E. 
In all unimproved streets, the surface of the refilled excavation or opening shall be finished in a workmanlike manner and shall in every respect be equal in quality, character and materials to the street surface existing previous to making the excavation. In all improved streets, the crown of the surface must conform to the adjacent street surface until sufficient time has elapsed to warrant the restoration permanently of the paved surface.
F. 
Applicants shall notify the Police Department at least 24 hours in advance of the commencement of nonemergency work.
G. 
Within 30 calendar days of the completion of the permanent restoration, each applicant shall file a cut-form which includes:
(1) 
A sketch showing the exact dimensions and location of restored area, and a description of the opening or trench defined by distance in feet from the nearest intersection and from the nearest curbline;
(2) 
The street opening permit number;
(3) 
The date of completion of the final restoration;
(4) 
The name of the final pavement restoration contractor; and
(5) 
In the case of a protected street, a compaction report certified by a New York State licensed professional engineer.
H. 
Guarantee period. Permittees shall be responsible for and guarantee the permanent restoration and maintenance of street openings and excavations for a period of three years on unprotected streets and for five years on protected streets commencing from the restoration completion date.
No street opening activity shall be allowed, except for emergency work or as authorized by the Superintendent of Public Works, in a protected street for a period of five years from the completion of the street improvement. In addition to this section, all provisions regarding final restoration shall apply to protected streets.
A. 
Permit issuance. No permit to use or open any street, except for emergency work, shall be issued to any person within the five-year period after the completion of the construction of a capital project relating to such street requiring resurfacing or reconstruction unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing provision, the Superintendent of Public Works may issue a permit to open a street within such five-year period upon a finding of necessity therefor.
B. 
Conditions. Applicants shall be responsible for contacting the Department of Public Works to determine whether a street is scheduled to be rebuilt under a street reconstruction project. Notwithstanding the foregoing provision, an applicant performing emergency work need not contact the Department.
C. 
Application.
(1) 
Applicants shall include on the application the justification for any street opening activities on protected streets.
(2) 
The applicant shall attach the protected street opening permit application attachment to the street opening permit application prior to obtaining the permit.
D. 
Restoration.
(1) 
No backfill of any opening or excavation on a protected street shall be performed unless the applicant notifies the Department at least two hours prior to the scheduled start time for the backfill or except as otherwise authorized by the Superintendent of Public Works. In no case, shall the applicant commence the backfill prior to the scheduled start time. For base and wearer coarse, the applicant shall fax its daily paving schedule to the Department prior to commencing work. In addition, during the backfilling and compaction phase of the work, applicants must provide, on site, a compaction tester from an approved laboratory or a licensed certified tester to test that the compaction of the backfill is in accordance with Department rules and specifications.
(2) 
The Department may inspect any phase of the work, including but not limited to, initial excavation, backfill and compaction, performance of required cut backs, and final restoration.
(3) 
A certification issued by a New York State licensed professional shall be provided to the Department within thirty days of the completion of work on the protected street. The certificate shall state that the type of work performed was as described in the permit application, and that all phases of the restoration were performed in accordance with Department rules and specifications.
(4) 
Applicants shall be responsible for the proper repair of a street opening or excavation for a period of five years from the date of completion.
(5) 
All restorations shall conform with the latest version of Nassau County Standard Specifications and the Department's rules and regulations.
(6) 
Where street openings cannot be confined to within eight feet of the curbline, including the required cutback, and/or within the sidewalk area, full curb-to-curb restoration shall be required where protected street status has been in effect for 18 months or less, unless otherwise directed by the Superintendent of Public Works.
(7) 
In the event a permanent restoration pavement installed in violation of the provisions of Subsection D(1) of this section settles more than two inches below the surrounding existing surface during the life of the backfill compaction, the applicant shall remove all of the filed backfill, down to the subsurface facility, and install new, properly compacted backfill.
A. 
Any person violating this article or any section or provision hereof shall be guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a period not exceeding 15 days, or both. For purposes of this article, each illegal removal, cutting or trimming of a tree shall be deemed a separate offense under this article and shall be punishable as a separate offense.
B. 
Where a tree has been removed, cut or trimmed in violation of this article and been destroyed or substantially altered, the Village may direct that person, firm or corporation, public service, water, light or power company to replace that tree with a tree that is specified in and that otherwise meets the requirements set forth in Chapter 92 of the Village Code. The Village may commence a civil action for monetary damages and/or injunction to enforce this remedy.
A. 
Upon the recommendation of the Superintendent of Public Works or otherwise, the Mayor may direct that certain streets, avenues or highways in the Village be closed to traffic during the making of repairs or otherwise. Such streets shall be suitably marked and posted and such streets shall thereupon be closed to all traffic except to persons owning or occupying premises on said street or highway for the sole purpose of entering or leaving said premises or having needful business with such abutting owners.
B. 
Any person violating any provision of this section shall be liable for and forfeit and pay a penalty not exceeding $500. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this article or any provision thereof shall be and hereby is declared a disorderly person as provided in § 32-1 of Chapter 32 of the Code.
A. 
The Board of Trustees is hereby authorized to enact, by resolution, rules and regulations which shall govern the manner in which street excavations shall be replaced and repaired.
B. 
Each applicant shall replace and repair the street in accordance with the rules and regulations adopted pursuant to Subsection A herein. Failure to do so shall subject the permittee to the penalties provided by this article.