LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Roslyn Estates will hold a public hearing at 7:30 PM on Thursday, June 23, 2022, at the Village Hall, 25 The Tulips, Roslyn, New York 11576, to consider the adoption of the following matter: Bill 4 of 2022, A local law amending Article II, ‘Curb Cuts,î of Chapter 162, ‘Streets and Sidewalks,î of the Code of the Village of Roslyn Estates in order to regulate all Street Openings, establish restoration standards for all Permits issued under Article II, and re-number the Code provisions in Article II to use section numbers heretofore reserved for future use. Section 1. Legislative Findings. The Board of Trustees of the Village of Roslyn Estates has determined that, while the Village Code expressly addresses curb cuts in, and obstructions of, Village streets, the Code only indirectly regulates street openings on Village streets The Board finds that the health, safety and welfare of the Village and its residents is served by amending Chapter 162 of the Village Code to expressly require that applications be made to the Village for all street openings, and that all curb cut and related permits and all street opening permits that are issued be conditioned on compliance with curb and road restoration standards adopted by the Board of Trustees. Section 2. Authority. This local law is adopted pursuant to the New York State Municipal Home Rule Law.  Section 3. Article II, ‘Curb Cuts,î of Chapter 162, ‘Streets and Sidewalks,î of the Code of the Village of Roslyn Estates is hereby amended to read in its entirety as follows: ‘Article II Street Openings and Curb Cuts §162-4 Application and permit required for curb, curb cut, gutter or driveway. 1. No curb, curb cut, gutter or driveway shall be constructed or reconstructed in any street in the Village of Roslyn Estates unless application to perform said work shall have been made in writing to the Village Clerk on forms provided by the Village. The application shall specify the location, size, scope and details of the proposed curb, curb cut, gutter or driveway. No work shall be done until a permit, signed by the Village Clerk or Building Inspector, has been issued and the grade of the proposed curb, curb cut, gutter or driveway is approved by the Building Inspector. 2. Each applicant for a curb, curb cut, gutter or driveway permit shall pay such fees and make such deposits as are required pursuant to Chapter 60, ‘Fees, Costs, Deposits and Insurance,î of this Code. 3. Each application for a curb, curb cut, gutter or driveway permit shall also be accompanied by proof, satisfactory to the Village Clerk, evidencing that the applicant has obtained liability and property insurance coverage from an insurance company authorized to do business within New York State, in a form approved by the Village Clerk, naming the Village as an additional insured, as required pursuant to Chapter 60, ‘Fees, Costs, Deposits and Insurance,î of this Code. Said insurance shall hold the Village harmless from and against all claims, actions, and proceedings brought by any person or entity for injury to person or property resulting from or occasioned by any fault or default by the applicant and/or the Village, and/or their respective, contractors, officers, employees, or agents. §162-5 Location, size and number of curb cuts. No curb cut permit shall be issued until the Village Building Inspector has approved the size and location of such curb cut. Not more than one curb cut, having a maximum width of eighteen feet, shall be permitted for any dwelling in the Village. In passing on applications for curb cut permits, the Building Inspector shall take into consideration the present and/or prospective character of the development, the traffic it will generate, the effect of said traffic upon existing Village streets or proposed streets, the design and frequency of access and the extent to which such development may impair the safety and traffic. §162-6 Specifications for work performed under curb, curb cut, gutter or driveway permit. A. No material shall be placed in any portion of the Village roadway and related right-of-way affected by any work performed under any curb, curb cut, gutter or driveway permit in such a manner as to interfere with stormwater drainage infrastructure. B. Before the commencement of any work performed under any curb, curb cut, gutter or driveway permit and at such other times as the Village deems necessary, the applicant or the contractor performing the work on behalf of the applicant shall furnish samples of the materials hereinafter described or described in any resolution adopted from time to time by the Board of Trustees hereunder. The Board of Trustees is hereby authorized to adopt by resolution from time to time specifications for work performed under permits issued under this Article II, which shall supplement, and be in addition to, any and all specifications for such work contained herein. The specifications contained herein or in such Board resolution shall apply to all concrete work performed in the Village right-of-way, regardless of whether the work consists of new installations or replacements of existing installations. §162-7 Application and permit required for Street Openings. A. No person or entity shall alter or disturb the grade, surface or pavement of any street in the Village of Roslyn Estates or dig up or excavate any street in the Village unless application to perform said work shall have been made in writing to the Village Clerk on forms provided by the Village. The application shall state the purpose, extent, location and nature of the proposed excavation or other disturbance of a public street or public place within the Village. No work shall be performed until a permit, signed by the Village Clerk or Building Inspector, has been issued. B. Each applicant for a street opening permit shall pay such fees and make such deposits as are required pursuant to Chapter 60, ‘Fees, Costs, Deposits and Insurance,î of this Code. The amount of the deposit shall be determined based upon the size and location of the excavation or opening of any public street, sidewalk, pavement, or gutter over which the Village shall have jurisdiction, to cover the cost of restoration thereof, in accordance with specifications hereinafter set forth; and said deposit shall be in accordance with the rate scale for repairs, adopted by the Board of Trustees, and shall further secure the obligation of the applicant to indemnify the Village and hold the Village harmless from and against any and all liability which may result from any such disturbance, change or alteration of grade or excavation by or on behalf of the applicant of any portion of any public street, sidewalk, pavement, or gutter. C. Each application for a street opening permit shall also be accompanied by proof, satisfactory to the Village Clerk, evidencing that the applicant has obtained liability and property insurance coverage from an insurance company authorized to do business within New York State, in a form approved by the Village Clerk, naming the Village as an additional insured, as is required pursuant to Chapter 60, ‘Fees, Costs, Deposits and Insurance,î of this Code. Said insurance shall hold the Village harmless from and against all claims, actions, and proceedings brought by any person or entity for injury to person or property resulting from or occasioned by any fault or default by the applicant and/or the Village, and/or their respective, contractors, officers, employees, or agents. D. Utility providers. Any company or other entity, including any special district or municipal or governmental agency, that provides water, sewer, gas,†electric, telephone, telecommunications, cable or other utility service (each, a ‘Utility Providerî), may, in lieu of making the deposit hereinabove set forth, file with the Village Clerk a surety company bond in such penal sum, in such form, and with such sureties as may be approved by the Board of Trustees, or in lieu of such surety bond, a cash deposit, securing the Village against loss, damage, or expense caused by failure of such Utility Provider to restore any public street excavated, opened or dug up by such Utility Provider in accordance with the specifications hereinafter set forth. 1. No permit shall be issued to any such Utility Provider when, in the opinion of the Building Inspector, the cost of restoring all then existent street openings made by such Utility Provider may exceed the amount of the surety bond or cash deposit described above. 2. Nothing herein shall be deemed to relieve such Utility Provider from applying for and paying the fee, in such amount as shall be prescribed from time to time by the Board of Trustees, for the permit required, as hereinabove set forth. 3. In the event of any violation of any of the provisions of this article by any Utility Provider which has filed a surety bond or cash deposit as described above, the Board of Trustees of the Village of Roslyn Estates may order that no additional permits be issued to such Utility Provider unless the fee for the permit, together with the cash deposit as hereinabove provided, be paid.§162-8 Requirements applicable to all permits issued under Article II 1. Possession of permit. Each and every permit issued pursuant to the terms and provisions of this Article shall be always in the possession of the parties actually prosecuting the work. 2. All buried utilities shall be installed, whenever possible, beyond paved street and sidewalk surfaces. 3. Where the unpaved or landscaped right of way is disturbed in the course of any work performed under any permit issued under this Article, all disturbed areas shall be restored to substantially the same condition as existed prior to such disturbance.†Without limiting the foregoing, all lawn, plantings and trees, masonry (e.g., Belgian Block) and irrigation systems that are destroyed, damaged or moved, shall be replaced in kind, at the cost and expense of the permit holder. 4. All pavement restoration work shall extend the full width of the road surface even though only a portion of the width of the road is disturbed by excavation.†The final pavement restoration configuration shall consist of parallel saw-cuts perpendicular to the centerline of the road.†The overall length of the restoration shall be determined by the Building Inspector, but in no case shall be less than five (5) feet wide, measured parallel†to the centerline of the road. 5. Notice to Utility Provider. No work may be commenced under any permit issued pursuant to this Article unless or until the applicant shall deliver such notice as shall be directed by the Village to all Utility Providers having lines, mains or other property in the street, for the protection of the property of such Utility Providers. 6. All work under any permit issued hereunder shall comply also with such specifications as are adopted from time to time by the Village Board of Trustees with respect to work performed under permits issued by the Village under this Article II. G. Nonliability of Village. Neither the Village nor any agent, employee or official of the Village shall be liable in any manner for any death, personal injury or property damage, or any loss, liability, cost or expense incurred or suffered by any person or entity arising out of or in connection with any work performed under any permit issued by the Village under this Article. In the event of the failure of the applicant to restore properly any earth or pavement disturbed by him within 10 days after a notice by certified mail to such applicant, by the Village, such earth and pavement shall be restored by the Village and the cost thereof charged against such applicant and deducted from the deposit made; and if the cost of such restoration does not amount to said sum, the balance, if any, shall be refunded to the applicant by the Village, on resolution of the Board of Trustees.†Section 5.  Effective Date.†This local law shall take effect immediately upon filing with the Secretary of State. Persons who may suffer from a disability which would prevent them from participating in said hearing should notify Michael Tomicich, Village Clerk, at (516) 621-3541 in sufficient time to permit such arrangements to be made to enable such persons to participate in said hearing. Dated: Roslyn Estates, New York
By Order of the Board of Trustees
May 16, 2022 of the Village of Roslyn Estates
Michael Tomicich, Village Clerk
