[Adopted 6-7-1984 by L.L.
No. 16-1984]
The Board of Trustees of the Village of New Hempstead finds
and declares it to be the public policy of the Village to regulate
the opening or excavation of any public street, sidewalk or road for
the protection of the health, safety and welfare of the public and
to prevent a public nuisance or public health hazard.
[Amended 10-17-1985 by L.L. No. 5-1985; 12-4-1986 by L.L. No. 20-1986]
A.
No excavation or opening shall be made in any street, road or sidewalk
in the Village of New Hempstead unless a permit is first obtained
from the Village of New Hempstead, for which a fee shall be paid by
the applicant in accordance with the Fee Schedule adopted by the Board
of Trustees.
B.
No work shall commence under such permit until approval has been
obtained from the Deputy Mayor or the Village Engineer.
C.
No permit shall be issued nor shall any excavation or opening be
made in any street, road or sidewalk within a subdivision in which
public improvements have been completed within five years prior to
the date of the application for such permit unless the Board of Trustees,
by resolution, approves the issuance of such permit based upon unusual
circumstances. The Board of Trustees may impose whatever conditions
it deems necessary in the granting of such permit.
[Added 12-4-1986 by L.L.
No. 20-1986]
A.
No connection of a new road or street shall be made to any road or
street in the Village of New Hempstead unless a permit is first obtained
from the Board of Trustees of the Village of New Hempstead, for which
a fee shall be paid by the applicant in accordance with the Fee Schedule
adopted by the Board of Trustees.
B.
The Board of Trustees, in considering an application for a permit for a new road or street connection, shall be guided by the consideration and standards set forth in § 255-32 of Chapter 255, Subdivision of Land, including all applicable subsections thereof, which standards shall be deemed to be the minimum requirements for the convenience, health, safety and welfare of the Village.
C.
Where the Planning Board of the Village of New Hempstead has approved,
with or without conditions, the construction plans for proposed streets
and drainage facilities in new subdivisions, the approved construction
plans shall be deemed to be a duly issued permit for the new street
connections shown thereon.
Public liability insurance protecting the Village against liability
for all negligence and other acts of the applicant in such amounts
and in such company or companies as may be approved by the Deputy
Mayor must be obtained and filed with the Village before any work
shall commence under any permit issued pursuant to the provisions
of this article. Such insurance shall remain in full force and effect
for a period of at least one year after completion of the work to
be performed and shall hold the Village harmless against any claims
for damages for said period of time.
All excavations, openings or closings of streets, ramps, sidewalks
and roads shall be made in accordance with rules and regulations adopted
by the Board of Trustees and on file in the Village offices, a copy
of which shall be attached to the permit.
All excavations must be properly barricaded and protected by
suitable lights in accordance with the regulations of the Village.
Upon completion of the work, all excavations shall be filled
and covered, as soon as practicable, in accordance with the rules
and regulations governing the work.
Failure to comply with the provisions of this article shall
render the contractor, the workers who made the excavation, the owners
in front of whose premises the excavation is made and the tenant or
other person who ordered the same or received the benefit thereof
liable for all damages sustained.
Anything herein contained to the contrary notwithstanding, where
an excavation in a street, road or sidewalk is sought to be made by
or on behalf of a franchised public utility company, then and in that
event the following shall apply:
A.
The utility company shall apply for a permit from the Village of New Hempstead for each excavation to be made. No permit shall be issued for any excavation or opening in any street, road or sidewalk within a subdivision in which public improvements have been completed within five years prior to the date of the application for such permit, except in accordance with § 250-8C of this article.
[Amended 10-17-1985 by L.L. No. 5-1985]
B.
The fee to be paid for each permit shall be as set forth in the Fee
Schedule adopted by the Board of Trustees. In addition, the company
shall post a letter of credit annually in amounts to be determined
by the Board of Trustees and shall file with the Village Clerk proof
of insurance coverages in such amounts as determined by the Board
of Trustees.
[Amended 2-20-1986 by L.L. No. 3-1986]
C.
All excavations, openings and closings of streets, roads or sidewalks
shall be made in accordance with rules and regulations adopted by
the Board of Trustees.
D.
In the event that an emergency requires an excavation at such time
or times when the Village shall be closed, the applicant shall notify
the Police Department of the proposed excavation, and, the next day,
the applicant shall make proper application for a permit in the same
manner as if there had been no emergency.
A.
Any person who shall refuse or neglect to comply with any section
or provision of this article shall be guilty of a violation. Each
and every violation of this article shall be punishable by a fine
not to exceed $5,000 or a sentence of imprisonment not to exceed 15
days, or both. Each day's continued violation shall constitute
a separate violation.
[Amended 5-22-2017 by L.L. No. 2-2017]
B.
In addition to all other remedies provided for herein, the Board
of Trustees may also enforce obedience to this article by injunction
or by any remedy available to it by virtue of the judicial process.
[Amended 5-22-2017 by L.L. No. 2-2017]
The Mayor, the Deputy Mayor and/or the Code Inspector of the
Village of New Hempstead shall have authority to issue appearance
tickets for violations of any of the provisions of this article.
