Village Of Stewart Manor
 Laws 

Proposed Local Law 1 of 2023

1 of 2023
February 10, 2023
Table Of Contents:
Overview:

PROPOSED LOCAL LAW AMENDING THE CODE OF THE INCORPORATED VILLAGE OF STEWART MANOR, CHAPTER 160, ENTITLED “STREETS AND SIDEWALKS”, TO CREATE SECTION 160-9(A), ENTITLED “PROTECTED STREETS” IN ORDER TO IDENTIFY PROTECTED STREETS IN THE VILLAGE AND TO PREVENT OPENING ACTIVITY UPON SAME

Body:

Section 160-9(A) Protected street.

(A.) 

A protected street is a street that has been resurfaced or reconstructed within five years prior to the date of application for a permit. No street opening activity shall be allowed, except for emergency work or as authorized by the Village, in a protected street for a period of five years from the completion of the street improvement;

(B.) 

Permit issuance. No permit to use or open any street, except for emergency work, shall be issued to any person within the five-year period after the completion of the construction of a capital project relating to such street requiring resurfacing or reconstruction, unless such person demonstrates that the need for such work could not have reasonably been anticipated prior to or during such construction. Notwithstanding the foregoing provision, the Village may issue a permit within such five-year period upon a finding of necessity therefore; and

(C.) 

If a significant portion, as determined by the Village, of an entire street is trenched or disturbed so as to materially limit the useful life of a recently repaired or reconstructed street, then such permittee shall resurface the entire street at the permittee's cost.

(D.)

In the case of a street opening, the Village would require curb-to-curb resurfacing for a distance of 5 feet in each direction of the opening. Example: A 4’ x 4’ street opening would require resurfacing an area 14 feet in length and curb-to-curb and a 6’ x 6’ street opening would require resurfacing an area 16 feet in length and curb-to-curb.  

(E.)

In the case of a trench opening, the entire length of the trench would require curb to curb resurfacing.