[Adopted 2-19-1930 by Ord. No. 20 (Ch. 39 of the 1972 Code)]
[Amended 12-19-1962]
As used in this article, the following terms shall have the
meanings indicated:
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
Unless acting under a contract with the Village, it shall be
unlawful for any person, other than a duly authorized Village official
or employee in the course of his employment, to make or cause or permit
to be made any excavation or opening in or under the surface or pavement
of any street, alley, sidewalk, curb or other public place within
the limits of the Village of Malverne, without first having obtained
and having in force a permit so to do as hereinafter provided. In
case of an emergency arising outside of office hours, at nights, Sundays
or legal holidays, when an immediate excavation may be necessary for
the protection of public or private property, 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 herein provided on or before 12:00 noon of the
next following business day.
A.
Any person desiring to procure a permit as herein provided shall
file with such official as the Board of Trustees may designate, at
least 24 hours before the time proposed to begin such work, a written
application upon a blank form prepared and provided by the Village.
Such application shall state:
(1)
The name and business or residence address of the applicant.
(2)
The name of the street, alley, sidewalk, curb or public place in
or under which it is desired to make the excavation or opening.
(3)
The kind of pavement, curb or sidewalk thereon.
(4)
The purpose, size and location of the proposed excavation or opening.
(5)
The name and business or residence address of the person for whose
benefit the work is to be done and the time during which it is desired
such opening is to be permitted.
B.
When required, the application shall be accompanied by a plat or
pencil tracing or sketch showing the location, character and dimensions
of the proposed excavation or openings for the installation of new
work or the location and character of the alterations involving the
location of pipes, conduits, wires or other conductors.
[Amended 12-19-1962]
A.
Before a permit shall be issued, the Village shall require of the
applicant a cash deposit as set from time to time by resolution adopted
by the Board of Trustees or, in extraordinary cases, a deposit of
such sum of money as shall be deemed by the Village sufficient to
cover and pay all the expenses for furnishing such material, doing
such work, making such inspections and taking such means as shall
be required properly to restore and secure against sinkage, the street,
sidewalk, pavement, curb and flagging necessary to be replaced in
consequence of making such excavation, opening or disturbance.[1]
B.
The sum or sums of money so collected and deposited shall be paid
into the Village treasury and deposited to the credit of a special
and separate fund to be used solely for the purpose of paying for
the repairing and replacing of any such pavement or surface broken
into or disturbed for any of the purposes mentioned herein.
C.
The applicant for a permit may, in his discretion, instead of making
the cash deposit as herein described, furnish to the Village at his
expense a surety bond in such amount or in such form as the Board
of Trustees may prescribe, guaranteeing the satisfactory completion
of the work.
A.
The Superintendent of Buildings, upon the filing of the application and the payment of a fee which shall be as set from time to time by resolution adopted by the Board of Trustees, plus an amount computed at the rate as set from time to time by resolution adopted by the Board of Trustees per each linear foot of the opening measured along the longest side of the opening (If tunneling is permitted, the entire tunneled area shall be deemed the opening.), and the cash deposit or surety bond required by § 512-20 hereof, may issue a permit, which shall state the name and address of the applicant, the location, nature, purpose and extent of the excavation or opening, the kind or kinds of pavement to be disturbed, the amount of deposit paid by the applicant and the dates of granting and expiration of the permit.
B.
All permits shall be consecutively numbered, and shall be made in
triplicate, one copy to be given to the applicant, one copy to be
retained by the Superintendent of Buildings and one copy for the files
of the Malverne Police Department.
C.
Such permit shall at all times be in the possession of a competent
person actually on the work and shall be shown upon demand to a police
officer or properly authorized officer and employee of the Village.
The official of the Village shall prepare and keep a record
of permits issued, numbered in the order in which they were issued,
with the name and address of the person to whom issued; the location,
nature, purpose and extent of excavation or opening; the time in which
the street is to be restored; the fee and amount of deposit paid;
and such other and further items as will enable anyone to obtain a
complete history of each permit from its issuance to its termination.
The copies of the permits kept by the Village official, if properly
bound, may be used as a basis for such record.
Any person making or causing to be made an excavation or opening
in any street, alley, sidewalk, curb or other public place, or within
five feet of the line of any street, shall, between sunset and sunrise
of every night that the same remains open or danger exists therefrom,
keep such excavation or opening fenced and barricaded with substantial
barriers to secure public safety, and lighting placed so as to properly
warn all persons of such excavation or opening and all obstructions.
No unauthorized person shall remove or interfere in any way with any
such lighting or other danger signal or any such barriers.
All work under a permit shall be under the supervision of the
designated officials of the Village and in conformity with the following
requirements:
A.
All work shall be started within 24 hours after the receipt of the
permit and shall be pursued diligently and continuously until the
same is completed. When, in consequence of the weather or any process
of 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 and repaved as if the work contemplated
in a permit were actually completed.
B.
In no case shall a person open or remove a greater area or surface
and at no other location than that specified in the original or supplementary
application; provided, however, that if, at the time of actually doing
the work, it shall be necessary to open or remove a greater area or
surface than originally applied for, the applicant shall first notify
and procure the consent of the Village to do so, upon the express
condition that he shall and will, before 12:00 noon of the following
business day, file a supplemental application for the making of an
additional excavation.
C.
At the intersection of cross streets, not more than 1/2 of the width
of the street shall be opened at one time; the other 1/2 shall remain
untouched for the accommodation of traffic until the first 1/2 is
restored for safe use. All work shall be prosecuted so as not to interfere
with easy access to firehouses, fire hydrants and United States mail
boxes.
D.
The permittee must remove within 24 hours all snow and ice that may
fall or form upon the street within five feet upon either side of
the opening and keep such space free from snow and ice until the opening
is properly refilled.
E.
The person to whom a permit is granted shall give notice in writing
thereof to any person or corporation whose pipes, mains or conduits
are laid in the street about to be disturbed by such excavation at
least 24 hours before commencing the same; and shall at his expense
sustain, secure and protect such pipes, mains or conduits from injury
and replace and pack the earth wherever the same shall have been removed,
loosened or disturbed, under or around them, so that they shall be
well and substantially supported. If any person shall fail to sustain,
secure or protect such pipes, mains or conduits from injury or to
replace or to repack the earth under or around them as the provisions
of this section require, then the same may be done by the person or
corporation to whom the same may belong, and the cost thereof and
all damages sustained by such person or corporation thereby shall
be paid by such person, and in default thereof, such person or corporation
may maintain an action against him therefor.
F.
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 four feet or more
in depth. Sheeting and bracing shall be cut off one foot below the
surface pavement and left in place when the opening is refilled. The
street, alley, curb, 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. Excavations
shall be made in open cut. No tunneling shall be done except by special
permission of the Village, and then only under such conditions as
may be imposed. No excavation 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.
G.
All openings shall be refilled and temporarily resurfaced within
the time fixed in the permit and written notice shall be given to
the Senior Building Inspector. All work must be satisfactory in every
detail to the Inspector. The temporary resurfacing shall consist of
blacktop asphalt and shall be maintained by the person to whom the
permit has been issued until the opening has been permanently resurfaced.
The permanent resurfacing shall be finished in a manner acceptable
to the Inspector and shall in every respect be equal in quality, character
and materials to the street surface as it existed prior to the making
of the excavation or opening.
[Amended 12-19-1962]
H.
In the replacement or restoration of the permanent pavement, the
Village shall have the right and authority to remove the old concrete
for an area extending at least two feet in all directions beyond the
edge of the original cut, and to be replaced with new, reinforced
concrete, not less than six inches thick, but equal in thickness to
the adjacent pavement, made in accordance with the latest Village
specifications for a permanent foundation. In case a construction
joint is within four feet of an opening, pavement must be replaced
to such joint.
In case any person to whom a permit has been granted shall fail
to comply with the terms thereof, such permit shall become null and
void, and any and all expense which may be incurred by the Village
in refilling an excavation or restoring the street to its proper condition
shall be borne by the permittee. In case a person to whom a permit
is granted shall fail to leave the street in as good a condition as
it was previous to any work being done under the permit, all expense
which may be incurred by the Village in restoring the street to its
proper condition shall be borne by the permittee.
[Amended 12-19-1962]
All sums of money or surety bonds deposited by the permittee
shall be held by the Village of Malverne until the Village has been
furnished, at the sole expense of the permittee, with a certificate
of the Senior Building Inspector or other designated Village official
that the excavation or opening and the refilling or resurfacing thereof
has been fully completed and satisfactorily done in every detail,
and then if no expense has been incurred by the Village, the whole
of said sum deposited or the surety bond shall be returned to the
permittee. In case the Village has incurred expense in restoring the
pavement, such expense shall be deducted from the amount of the deposit
or automatically become a claim for that amount against the surety,
and the balance thereof shall be returned to the permittee.
All policemen shall be vigilant in the enforcement of this article
and shall report through proper channels any violation thereof to
the Village. Said police, on observing or being informed of the opening
of or excavation in any street, shall require the person making such
opening or excavation to exhibit the permit therefor; and, if none
has been given or if the exhibition thereof is refused, the officer
shall, without delay, make complaint to the Village.
[Amended 2-14-1968[1]]
Any person or corporation who himself or itself, or by his or its agent or employee, shall make or cause or permit to be made any excavation or opening in or under the surface or pavement of any street, alley, curb, sidewalk or public place without a permit as required by this article, or who shall violate any of the provisions or rules or regulations made in pursuance thereof, or who, having his permit declared null and void, shall continue such work, shall, upon conviction thereof, be subject to a fine as set forth in Chapter 1, Article II, General Penalty, of the Village Code.
