[Added 10-25-2006 by L.L. No. 3-2006[1]]
A.
No person or persons, agent or agents, officer or
officers or employee or employees, on behalf of themselves or any
other person or persons, corporation or corporations or association
or associations shall excavate, break, alter or disturb the grade,
paving or curbing of any street, highway or public place within the
Village limits, or excavate or construct any sidewalk, without first
obtaining from the Building Superintendent a permit therefor, limiting
the area and location and duration of such excavation, alteration
or disturbance. A temporary closing of all street openings using suitable
material which will permit a hardtop over the opening shall be required,
the temporary closing to be maintained flush with grade for a period
not to exceed six months, the date to be determined by the Village
Building Superintendent. At all times while any opening in any portion
of the Village property remains unclosed and unattended, such openings
shall be protected by suitable barricades and, from dusk until dawn,
by warning lights, all to the satisfaction of the Village Building
Superintendent.
B.
On notification by the Village, full compliance with
all specifications attached to the permit and replacement of the temporary
closing with permanent pavement shall be required at the sole expense
of the permit holder. Notwithstanding the above, all restoration of
utility cuts or road openings on any Village road or street shall
include curb to curb resurfacing in a strip that is at least 10 feet
wide on both sides of the road opening area required to be disturbed.
[Amended 6-29-2022 by L.L. No. 2-2022]
C.
Specifications for restoration, closing, maintenance
and paving shall be formulated by the Building Superintendent in such
manner as to ensure that suitable materials are used and that the
work is performed in a safe and workmanlike manner. After the excavation
is complete, the permit holder shall refill the excavation and make
a temporary repair within 24 hours and a permanent repair no sooner
than 30 days and no later than 60 days. Specifications shall be attached
to any permit issued pursuant to this article and shall set forth
additional regulations and requirements for backfilling, subsurface
preparation, base paving and road resurfacing. In the event the permit
holder fails to make the proper repair, the Village shall make said
repair, the cost of such is to be paid out of the sum on deposit,
and the balance remaining unused, if any, shall be returned to the
permit holder after the lapse of one year, and any deficiency shall
be paid by the permit holder.
D.
Specifications shall include the following:
(1)
Resurfacing shall consist of one-inch thickness of
Nassau County Type 1A top course, constructed pursuant to the New
York State Department of Transportation Standard Specifications of
2002, as amended, or any specifications that shall succeed it.
(2)
Prior to any resurfacing, milling will be required
at curblines, catch basins, electric vaults and traffic magnetometers.
(3)
All other castings and appurtenances on the affected
road surfaces shall be raised and adjusted to meet the new paving
grades. These shall include sanitary sewers, drainage, and electric
and telephone manholes, as well as all water and gas valve box castings.
(4)
Immediately prior to resurfacing, a tack coat shall
be applied to the existing road surface pursuant to New York State
Department of Transportation specifications.
(5)
Immediately after resurfacing, all pavement markings
shall be restored with thermoplastic markings conforming to New York
State Department of Transportation specifications.
E.
Each application for a permit pursuant to this article
shall be accompanied by the permit fee and a deposit in the form of
a certified check or a satisfactory bond in such sum as shall be determined
by the Board of Trustees to guarantee proper and complete restoration
of the disturbed earth and pavement and that the temporary closing
and permanent pavement shall be satisfactorily maintained and completed.
[1]
Editor's Note: This local law repealed former
§ 132-1, Permit required; fee and deposit; refilling and
resurfacing; bond, as amended.
[Added 10-25-2006 by L.L. No. 3-2006[1]]
A.
No new driveway shall be constructed entering onto
any street or highway unless a permit shall first be obtained from
the Building Superintendent. The fee for such permit shall be in accordance
with the schedule of fees adopted by the Board of Trustees.
B.
Should the vehicular or other use of a driveway, in
the opinion of the Board of Trustees, be or become dangerous to pedestrians
or create a traffic hazard, then the Board of Trustees shall give
notice in writing to the owner of record of the abutting premises
to discontinue such use of such driveway and to restore, within 10
days, the curb, sidewalk and/or shoulder grade to their original or
proper condition.
C.
No person shall construct or maintain any driveway,
passageway or walk of concrete, brick, stone or other material from
or to any public street or highway within the Village so as to block
or in any way obstruct the gutter of a street or highway.
D.
No driveway from any abutting lot shall enter upon
any county highway where access to any other street, road or highway
is practicable.
[1]
Editor's Note: This local law repealed former
§ 132-2, Guardrails and lights required.
[Amended 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997]
Any person, association, firm or corporation
which violates any provision of this article or assists in the violation
of any provision of this article shall be guilty of a violation punishable
by a fine not exceeding $1,000 or imprisonment for a period not to
exceed 15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $1,000 nor more
than $2,000 or imprisonment for a period not to exceed 15 days, or
both; and upon conviction of a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine of not less than $2,000 nor more than $3,000 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.
