Village of Hewlett Neck, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 1-4-1982 by L.L. No. 1-1982; amended in its entirety 12-4-1995 by L.L. No. 2-1995]
No person other than the municipal authorities of the Village of Hewlett Neck shall alter, disturb the grade, open the surface or excavate beneath the surface of any street or public place in the Village of Hewlett Neck until and unless a permit shall be obtained therefor, signed by the Clerk of said Village. The Village Clerk shall supply a copy of this article with any permit issued pursuant to this section. Reference in this section and any succeeding section to a "street" shall be deemed to include any unpaved sections or portions of such street.
[Amended 1-5-1998 by L.L. No. 1-1998; 9-7-1999 by L.L. No. 7-1999]
A. 
No such permit shall be issued until and unless the applicant desiring the same shall, at the time of such application for permit, pay to the Clerk of the Village the required fee for such permit and deposit with such Clerk a sum in cash, set by resolution of the Board of Trustees from time to time, to guarantee the proper restoration of said street or public place to its former condition.
B. 
In the event that the area of such work shall be in excess of 150 square feet, the amount of such deposit shall be increased at the rate as set by resolution of the Board of Trustees from time to time per square foot of such additional area.[1]
[1]
Editor's Note: Former Subsection C, allowing surety bonds or undertakings in lieu of a cash deposit, which immediately followed this subsection, was repealed 5-5-2003 by L.L. No. 1-2003.
[Added 5-5-2003 by L.L. No. 1-2003[1] ]
Upon the expiration of one year after completion of the work mentioned in § 115-1 hereof, including any required restoration work, the applicant may apply for a certificate from the Village Building Department or Village Engineer stating that the work was performed and completed. Upon presentation of such certificate, signed by the Village Clerk, to the Village Treasurer, the Village Treasurer shall return to the applicant the cash sum deposited in connection with the applicable permit.
[1]
Editor's Note: This local law also replaced former § 115-3, Public utility companies; cable television franchisees; bond, as amended.
In addition to such permit fee and cash deposit, the applicant shall also pay to the Village prior to issuance of any such permit a sum of money as may be required by resolution of the Board of Trustees for the inspection costs reasonably anticipated to be incurred by the Village for inspection of the work.
[Amended 5-5-2003 by L.L. No. 1-2003]
All work authorized by any permit issued pursuant to this chapter, other than required restoration work, shall be completed within 60 days after issuance of the permit. All required restoration work shall be completed within nine months after issuance of the permit, unless a shorter period is determined by the Board of Trustees when the permit is issued. By resolution, the Board of Trustees may extend either of the foregoing periods of time. Any person who fails to complete authorized work or required restoration work within the time period provided by this section shall be guilty of a violation of this Code for each and every day such failure shall continue.
A. 
Notice to public service corporations and municipalities. Whenever any street shall be opened or graded in which the pipes, mains or conduits of any municipal entity or authority or any public service corporation (which, for the purposes of this article, shall include any entity holding a franchise from the Village for operation of a cable television system) are laid, the contractor therefor shall give notice thereof, in writing, to such entity, authority or corporation at least 14 days before breaking ground therefor. The requirement of such notice shall be included in every contract for opening or grading any street in the Village in which such pipes, mains or conduits shall be laid at the time of making such contract.
B. 
Municipal entities and authorities and public service corporations shall protect their property. Municipal entities and authorities and public service corporations whose pipes, mains or conduits are about to be disturbed by the opening or grading of any street shall, upon receipt of the notice provided for in the preceding subsection, remove or otherwise protect and replace their pipes, mains and conduits and all fixtures and appliances connected therewith or attached thereto, where necessary, under the direction of the Village Engineer or other authorized representative of the Village.
[Amended 9-7-1999 by L.L. No. 7-1999]
C. 
All persons having or proposing to install facilities in, on or over any street shall be responsible for reviewing the Village plans for street improvements and repairs. Such persons shall make provision to do any work, except emergency work, which requires the opening, grading or use of any street prior to or during the improvement or repair of such street by the Village.
D. 
Notwithstanding any other provision of this article, no permit to use, grade or open any street shall be issued to any person within five years after any such street improvement or repair of the area to be opened unless such person demonstrates that such work could not reasonably have been anticipated prior to or during such improvement or repair. Notwithstanding the foregoing, the Board of Trustees may issue a permit to open a street within such five-year period upon a finding of necessity therefor, subject to such conditions as the Board may establish in each such case, including appropriate guaranties against the deterioration of the restored pavement.
[Added 9-7-1999 by L.L. No. 7-1999]
In addition to any other requirement for a street excavation permit, an applicant for such permit shall, as a condition thereof and before commencing any work thereunder, supply to the Village Clerk a certificate of insurance demonstrating that a comprehensive general liability insurance policy is in effect for the duration of the period of the permit, in the principal amount of at least a combined single limit of $1,000,000, naming the Village as an additional insured and providing that such policy shall not be canceled or nonrenewed without at least 30 days' prior written notice to the Village.
[Amended 9-7-1999 by L.L. No. 7-1999; 6-5-2006 by L.L. No. 2-2006]
A. 
General provisions. Whenever any pavement, sidewalk, curb or gutter in any street shall be taken up, the person or persons by whom or for whose benefit the same is removed shall restore such pavement, sidewalk, curb or gutter to its proper condition to the Village's specifications and to the satisfaction of the Village Engineer or Village Building Inspector.
B. 
Maintenance of street hardware. All manhole covers, castings and other street hardware shall be maintained flush with the existing surrounding grade. All loose, slippery or broken manhole covers, castings and other street hardware shall be replaced to the Village's specifications and to the satisfaction of the Village Engineer or Village Building Inspector.
C. 
Payment of costs. If the pavement, sidewalk, curb, gutter or street hardware is not properly restored, replaced or maintained to the satisfaction of the Village Engineer or Village Building Inspector pursuant to this section, the Village may perform said restoration, replacement or maintenance, and the cost and expense thereof may be charged against the person or persons who took the same up or for whose benefit the same was removed or taken up. Such cost and expense shall be charged against the deposit paid in accordance with this article, if any, or collected by the Village from the principal and surety of any surety bond or undertaking filed in connection with the issuance of any permit for such removal or taking up, and the applicant for such permit or the person or persons who removed or took the same up or for whose benefit the same was removed or taken up shall be liable to the Village for any deficiency.
A. 
If any pavement that has been removed shall not be relaid to the satisfaction of the Village Engineer or Village Building Inspector, he or she may cause a written notice to be served either upon the person by whom such pavement was removed or, if the pavement was removed for the purpose of making or repairing a connection between any house or lot and any sewer or pipes or conduits in the street or for constructing vaults or otherwise improving such house or lot, upon the owners or occupants of such house or lot, such notice requiring such person or the owner or occupant of such house or lot to have such pavement properly relaid (to the satisfaction of the Village Engineer or Village Building Inspector) within five days after service of such notice.
[Amended 9-7-1999 by L.L. No. 7-1999; 6-5-2006 by L.L. No. 2-2006]
B. 
Such notice may be served upon the owner or occupant of a house or lot by leaving the same with any person of adult age upon the premises or by posting the same thereupon.
C. 
In the event that the person or persons to whom such notice is given do not relay said pavement as required by this article within such period of time, such person or persons shall be guilty of a violation and shall be subject to the penalties and other remedies provided in this Code for such violations.
D. 
In addition to any such penalties, where such notice has been given and such person or persons to whom the notice has been given do not relay said pavement as required by this article within such period of time, said pavement may be restored by the Village, and the cost and expense thereof shall be charged against the deposit paid in accordance with this article or collected by the Village from the principal and surety of any surety bond or undertaking filed in connection with the issuance of any permit, and the applicant for such permit shall be liable to the Village for any deficiency.
E. 
Rules and regulations. The Board of Trustees shall establish such rules and regulations as, in its judgment may be deemed necessary for the purpose of carrying out the provisions of this section. Such regulations shall provide that any restoration of pavement shall include restoration of all pavement from one side of the street or public place to the other, in a strip at least four feet wider than the area required to be disturbed but not less than six feet wide, except where the Board of Trustees provides otherwise upon request of a person to whom a permit has been or may be issued.
F. 
Reasonable notice of improper or inadequate restoration of pavement or maintenance of street hardware. Except where otherwise expressly provided in this article and except where the condition of the pavement or hardware is an imminent danger to life or safety, notice of improper or inadequate restoration of pavement or street hardware may be given by ordinary mail. In the case of public service corporations, such notice may be written or oral and shall be given to a representative of such corporation at such place as designated by such corporation, and the utility shall respond within 24 hours.
Every applicant, by applying for and accepting a permit and by undertaking the work, expressly agrees to protect, indemnify and save harmless the Village and its officers and agents from any and all liability or claim of liability and from any and all cost and expense in relation thereto, including counsel fees, in any way arising out of the work.
A. 
No curb or its equivalent shall be constructed unless and until an application has been filed with the Village and a permit therefor has been issued by the Board of Trustees or by some person designated by the Board of Trustees for the purpose.
B. 
The curb shall be of the type commonly known as "Belgian block," of which the individual blocks shall be not less than six inches in height and approximately four inches to five inches in width, shall be set in a cement or concrete base at least two inches deep, shall project to a uniform height of not less than three inches nor more than six inches above the surface of the ground on the roadway side, shall be firmly cemented together and shall comply with a survey prepared by a licensed surveyor and with specifications prepared by the Building Inspector. The cost of both the survey and specification is to be paid by the applicant.
[Added 9-7-1999 by L.L. No. 7-1999]
Each and every permit issued pursuant to this chapter shall be at all times prominently displayed at the site where the work authorized by such permit is being performed and shall be exhibited on demand to the police or authorities of the Village.
[Added 9-7-1999 by L.L. No. 7-1999]
All applicants to whom a permit shall be issued pursuant to this chapter are required to properly guard all disturbances, openings, diggings or excavations by guardrails, signal lights or such other means as may be necessary to warn and protect the public of danger to be apprehended. No permit issued hereunder shall be construed in any manner to make the Village liable for any actual or constructive negligence of said applicant or the agents of such applicant in carrying on the work authorized to be done under such permit.
[Added 9-7-1999 by L.L. No. 7-1999]
Every application for a permit hereunder shall be in writing, signed by the applicant or a duly authorized agent, and shall be submitted on forms made available by the Village Clerk. Such form shall include, and shall be deemed to include, the provision that the applicant will save harmless and indemnify the Village, its officers, agents and employees from all claims and damages, costs and expenses caused by the negligence or other wrongful conduct of the applicant or the applicant's agents or employees in connection with the work authorized by the permit.
[Added 1-5-1998 by L.L. No. 1-1998]
Any person, firm or corporation who or which shall violate the provisions of this article shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article II.