Send to Printer

Road Opening & Road Restoration

Parent Category: Citizen Services
Category: Highway Department

Permit Required For Highway/Sidewalk Excavation

A person, public service, water, light or power company and a person performing work on behalf of a municipal corporation shall not excavate in any highway or sidewalk in the town for any purpose without first obtaining a Right of Way Permit from the Commissioner of Highways.

Application For Permit

A written permit application shall be filed with the Commissioner, stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a highway or sidewalk in the town, except where law shall directly authorize an excavation or disturbance.

Permit Dates and Restoration

Work must commence and be satisfactorily restored within 60 days unless otherwise extended, in writing, by the Highway Department.

Requirements for Applicants

The Commissioner shall require the applicant to post a performance bond in the amount of $5,000, which shall be deemed to be adequate to pay said expense upon the condition that the permittee replace the highway or sidewalk, pavement, curb or gutter in proper condition or pay all of the expenses to which the town may be put to replace the highway or sidewalk, pavement, curb or gutter or put the same in proper condition within one (1) year following the satisfactory completion of the project. Each applicant shall take out and maintain during the term of the permit and file with the Commissioner a public liability insurance policy insuring the Town of Hempstead, its agents, servants and/or employees and the Commissioner in an amount not less $1,000,000 for injuries, including wrongful death, to any person and subject to the same limit for each person on account of each occurrence and a property damage insurance policy insuring the Town of Hempstead and all employees thereof in the amount of not less than $1,000,000 on account of any occurrence and in an amount not less than $500,000 on account of all occurrences. Such insurance policies shall cover liability which may arise from operations under the permit, whether such operations are by the permittee or by the Town of Hempstead or the Commissioner. Such insurance policies shall be issued in the name of the Town of Hempstead, its agents, servants and/or employees and the Commissioner as the insured.


Except as otherwise provided by law or where permits as above are granted for work done at the direction of the Commissioner, each application for such permit shall be accompanied by a fee of $300 for each excavation (4' x 4' hole), to be paid to the Town. The fee and permit herein required shall be in addition to permits required for construction of any sidewalk, curb or driveway. A fee of $250 shall accompany each application when an excavation constituting a continuous trench measures more than 25 feet. If a continuous trench spans more than 100 feet, the fee will be an additional $250 for each additional 100 feet or any part thereof.

Safety Codes For Street Opening Regulations

The permittee, his agents and employees shall strictly comply with the following conditions:

Emergency Road Opening

If it becomes necessary to enter upon a town highway for the purpose of making emergency repairs, any person, public utility, municipality and/or municipal subdivision may do so forthwith, provided that within twenty-four (24) hours of the time of making such openings (Saturdays, Sundays or holidays not included) an application for a permit is made thereof pursuant to these rules and regulations.

Openings on Newly Constructed or Resurfaced Roads

No excavation shall be permitted on any newly constructed or resurfaced highway for a period of not less than five years. This subsection does not include any excavation on the right-of-way abutting said newly constructed or resurfaced highway. Should such an opening be required for emergency purposes, permission must be obtained from the Highway Department and restoration plans reviewed and approved by the Department of Engineering.


The Highway Department shall receive at least seventy-two (72) hours' advance written notice, except for emergency work, including a diagram, engineering drawings or the equivalent thereof, of the proposed excavation in any town highway or sidewalk area.

Residents of the project areas must be notified of intentions to close off driveways by use of a form approved by the Town of Hempstead. The permittees shall prepare the necessary number of copies of said form on their own letterhead and distribute the same to the homeowners at least forty-eight (48) hours in advance.

Maintenance of Traffic and Protection of the Public

The following work procedures and construction practices shall be adhered to in order to assure proper maintenance of traffic:

Road Closures

No town highway shall be closed without prior written notice to and approval of the Commissioner of the Highway Department.

Construction Requirements


Pavement Restoration

  1. Specifications
    1. Bituminous-type pavement one and one-half (1 1/2) inches minimum compacted asphalt concrete Type 1A, Item 36D, three (3) inches minimum compacted dense-graded base course asphalt concrete Item 22CX-M-2.
    2. Alternate pavement section one-inch minimum compacted asphalt concrete type AC, Item 36E.
    3. One and one-half (1 1/2) inches minimum compacted asphalt concrete binder course, Type 1A, Item 36DX-M.
    4. Four (4) inches minimum compacted dense-graded aggregate base course Item 398.
  2. Oil and bluestone pavement:
    1. Five (5) inches of Town of Hempstead Item 398 and two (2) inches of top course.
  3. Concrete pavement
    1. Where existing pavement is reinforced or contains joint supports, the removal of the pavement shall be performed in such a manner as to allow projection of six (6) inches of the reinforcement and the undisturbed joint supports into the replacement area. If such is not feasible, the permittee shall indicate proposed corrective measures for approval by the Commissioner. Replacement concrete shall be Type II and entrained with additives such as will assure compressive strength cores of two thousand five hundred (2,500) pounds per square inch in forty-eight (48) hours. The concrete shall be of the same thickness as the adjacent undisturbed concrete.
    2. With the approval of the Town of Hempstead Engineering Department, asphalt concrete base may be used as a replacement for adjacent concrete base on longitudinal cuts only. Where asphalt concrete is used, it shall be two (2) inches thicker than the concrete it replaces.
  4. Longitudinal openings
    1. The entire panel width must be removed and replaced. Ends of panels must be saw cut if not at a transverse joint.
    2. In no case shall any portion of the existing panel that is less than six (6) feet from a transverse joint be left in place.
    3. When concrete base panels with asphalt overlays are to be removed, the asphalt shall be cut back a minimum of six (6) inches onto the adjacent panels to provide a smooth vertical edge.
  5. Transverse openings
    1. Transverse openings shall be saw-cut ninety degrees (90°) to the longitudinal joints.
    2. Pavement replacement shall be a minimum of two (2) feet on both sides of the trench and a total minimum of six (6) feet wide by the width of the panel.
    3. In no case shall any portion of the existing panel that is less than six (6) feet in length from a transverse joint of existing crack be left in place.
    4. Where openings are skewed across the pavement, the concrete replacement must be carried straight across each panel and not staggered.

Road Openings and Road Restoration regulations are governed by Chapter 175 of the Hempstead Town Code.
Printed from TOH.LI - The Official Web Site of the Town of Hempstead