[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 11-15-2005 by L.L. No. 16-2005 (Ch. 139 of the 2005 Code). Amendments noted where applicable.]
The procedure for obtaining permits for street
openings and street restorations shall be as follows:
A.
The applicant shall obtain the appropriate application
forms from the Village Clerk and complete and return them to the Village
Clerk, together with the required permit fee as provided in the Village
Fee Schedule,[1] which shall be paid by certified check.
[Amended 4-20-2010 by L.L. No. 2-2010; 11-17-2015 by L.L. No. 3-2015]
B.
In addition to the aforementioned permit fee, the
applicant shall deposit with the Village Clerk a security deposit
to be paid by bond or certified check in the minimum amount of $3,500,
or in such amount as established by the Street Commissioner and/or
Building Inspector, the same to be no less than the cost to restore
and maintain the affected street or streets for a period of two years.
[Amended 11-17-2015 by L.L. No. 3-2015]
C.
The applicant will maintain public liability insurance in an amount sufficient to fully indemnify the Village from all damage or loss resulting from the applicant's project. The Village, its officers, agents, servants and/or employees are to be named as co-insureds for the period otherwise called for in § 189-2C(4), and the applicant will supply a certificate of insurance to the Clerk before any work under this section is undertaken. The minimum coverage limits of said insurance shall be $1,000,000/$3,000,000.
D.
No later than two years after the satisfactory restoration
and maintenance of a street has been made, the Village shall refund
the security deposit, upon final inspection and approval of the Street
Commissioner and/or Building Inspector. The Village reserves the right
to repair and resurface all openings in public or private streets,
and in the event the Village does make such restoration, if the cost
thereof has not exceeded the sum deposited with the Village Clerk
to cover such cost, the Village Clerk, upon resolution of the Board
of Trustees, shall refund the balance of the security deposit over
and above such cost to the party making such deposit, and if such
cost exceeds the amount of such security deposit, then the party making
the street opening shall pay the excess of such cost over the sum
deposited with the Village Clerk.
A.
Every street opening permit shall provide that the
applicant shall maintain such opening in a safe condition and shall,
as soon as practical, backfill or cause to be backfilled the opening
and shall place thereon such temporary pavement as shall be approved
by the Street Commissioner and/or Building Inspector, which pavement
shall be cared for by the applicant until such time as the Street
Commissioner and/or Building Inspector shall decide that proper settlement
to allow the laying of a permanent pavement has taken place; such
time, however, shall not exceed 12 months. Pavement shall be repaved
and/or restored from the curbline or grass line to the midpoint of
the road.
[Amended 11-17-2015 by L.L. No. 3-2015; 4-18-2017 by L.L. No. 1-2017]
C.
Issuance of and the continued effectiveness of such
permit shall be conditioned on the following terms:
(1)
Work is to be done under the supervision of the Street
Commissioner and/or Building Inspector or their authorized agents.
Said work may only be performed during the following hours: Monday
through Friday from 8:00 a.m. to 5:00 p.m.
(2)
Throughout the course of the work, a clear, sufficient
and safe passageway for all pedestrians and vehicular traffic will
be maintained.
(3)
Work site will be properly guarded, both day and night,
so as to prevent accidents or danger.
(4)
Upon completion of work, the site thereof will be
restored by applicant and the restoration work guaranteed for two
years.
Any street, lane, road or sidewalk within the
Village of Plandome Manor, whether paved or unpaved, improved or unimproved,
and any driveway or other means of ingress to or egress from any street,
lane, road or sidewalk within the Village of Plandome Manor shall
not be blocked or obstructed at any time in order to provide a safe,
convenient and passable means of ingress to and egress from the same
for all private, public and emergency vehicles of any kind.
[Adopted 4-20-2010 by L.L. No. 2-2010]
Snow may not be pushed, placed and/or moved into or onto Village
property, including but not limited to streets (public or private).
[Adopted 4-20-2010 by L.L. No. 2-2010]
[Added 5-16-2017 by L.L.
No. 2-2017]
A.
No individual,
agency, corporation or other entity shall commence any excavation
or construction, or make any alteration to existing structures, within
any Village right-of-way, including the placement of new utility poles
or the addition of appurtenances, fixtures, or facilities to existing
utility poles, without first having obtained a permit from the Building
Inspector of the Village, after review and approval by the Board of
Trustees. This provision shall not apply to routine maintenance of
existing structures and/or utility poles in the Village rights-of-way.
B.
Application
for a permit under this section shall be made upon a form to be provided
by the Building Inspector of the Village and upon payment of a permit
fee to be determined by the Board of Trustees, which fee may be amended
by resolution of the Board of Trustees, as determined to be necessary.
[Added 3-19-2019 by L.L.
No. 2-2019]
A.
Maintenance obligation. The owner or owners of a private road or
private street within the Village shall be responsible for keeping
same in good, passable, driveable condition, free of obstructions,
potholes or other types of damage which may render the particular
private road or private street unsafe or hazardous for travel. Field
appraisal would follow the standardized assessments as listed in the
New York State DOT Pavement Conditions Assessment (Vol. 2.0) which
contains in Appendices D, E, F, G specific Pavement Condition Indexes
and Pavement Distress Rating Warrants for determining evident roadway
safety and serviceability, which would require surface repairs or
replacement.
B.
In the event that a private road within the Village is not being maintained in accordance with Subsection A above, the Building Superintendent or the Village Roads Commissioner shall advise the Village Board of same.
C.
Upon receipt of such notice, the Village Board shall set a public
hearing with respect to the condition of the road. The Village Board
shall provide 10 days' advanced notice of the public hearing
by certified mail to the owner(s) of record of the road at issue,
as well as to any roads association(s) of record.
D.
If after the public hearing with respect to same, the Village Board
finds the condition of the road to be unsafe and/or to constitute
a hazard to public safety, the Village Board shall have the right
and power to remedy any unsafe or hazardous condition(s) on said private
road, after giving 45 days' notice by certified mail addressed
to the owner of record of such lands and property at the address shown
on the last preceding assessment roll, and provided that the hazardous
or unsafe condition(s) of the private road or roads is not remedied
by the property owner(s) within that time frame. This time frame may
be extended by the Village Board upon receipt of a written request
of at least 1/3 of the owners of the private road in question. In
making such a request, the owners of the private road shall demonstrate
to the Village Board that they are undertaking efforts to make necessary
repairs in a timely manner.
E.
Where the hazardous or unsafe condition(s) are ultimately remedied
by the Village, the cost thereof shall be assessed against such lands
and property by the Village Treasurer.
F.
The costs to be assessed shall include, but are not limited to, those
for inspections, engineering, planning, attorneys' fees, publication,
physical repair or construction and other costs incurred by the Village
in connection with the completion of the necessary improvements.
G.
The Village Treasurer shall serve by certified mail upon the owner
of such property at the same address a written notice stating that,
at a time and place specified therein, he or she will assess such
cost against such property.
H.
Such notice shall be served at least eight days previous to the time
specified therein.
I.
If directed against a corporation, notice may be served upon the
corporation at its principal place of business, place of business
upon an agent of the corporation within the Village, or upon the secretary
of state.
J.
Notice served upon the secretary of state shall be served at least
12 days previous to the time specified therein.
K.
At the time and place so specified, the Village Treasurer shall thereupon
complete the assessment, stating therein the name of each owner and
the amount so assessed, and shall present such assessment to the Village
Board.
L.
The Village Board shall certify such assessment and the Village Treasurer
shall cause the amount stated therein to be levied against such property
and any uncollected assessment shall become a lien upon the land affected.
M.
Such amount shall be levied and collected at the same time and in
the same manner as other Village taxes, and shall be paid to the Village,
to be applied in reimbursing the fund from which such cost was defrayed.
