§ 18-2. Permit., Chapter 18. Excavations, Highway, Code of Ordinances, North Hempstead

Upon application in writing filed with the Superintendent of Highways, stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a street or highway in the town, the Town Superintendent of Highways may grant or refuse a permit therefor.

If the application for a permit is denied, the Highway Superintendent shall send the applicant written notification of the denial and shall state the reason for denial.

Except where such excavation or disturbance shall be directly authorized by law, the Superintendent of Highways shall require the applicant to deposit with the Superintendent of Highways a sum of money or bond in a sum set by resolution of the Town Board, or which shall otherwise be deemed by him to be adequate to pay all of the expenses to which the town will be put to replace the street, highways or sidewalk, pavement, curb or gutter in proper condition, and the unexpended balance, if any, shall be refunded to the depositor. The depositor's unexpended balance shall be returned by the town 90 days after the excavation or other disturbance has been repaired to the satisfaction of the Superintendent of Highways, regardless of whether the permittee or the town completes the restoration.

Each applicant must file an insurance policy or certificate with the Superintendent of Highways insuring the Town of North Hempstead in the sum of not less than $1,000,000 combined single limit.

No permit shall be issued for an opening on any roadway which has been resurfaced by the Town of North Hempstead during a period of three calendar years previous to the application date, except for permits for emergency openings as defined in § 18-4.1 below. In the case of a newly constructed or reconstructed roadway, the time period shall be five years. The prohibitions stated in this Subsection E shall not apply to applications to install new gas connections to residential properties.

[Amended 12-18-2018 by L.L. No. 13-2018]

Any permit issued under this chapter may be revoked at any time by the Highway Superintendent.

Permits shall become null and void unless work is commenced within 30 days of the issuance of said permit, unless an extension of time is granted by the Highway Superintendent in writing.

The applicant shall give a forty-eight-hour notice to the Highway Superintendent or his duly authorized representative, prior to making any road openings, except in cases of emergency as provided for herein. No openings shall be commenced on a Saturday, Sunday or a holiday unless in cases of emergency.