Village of Flower Hill, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. II.

§ 195-1 Changing street grade.

No person shall change the grade of any public sidewalk, road, street, highway or parkway in the Village of Flower Hill for any purpose whatsoever, nor shall any person lower any curb without having first made application in writing to and securing a written permit from the Village Clerk or Village Clerk-Treasurer. The application shall be accompanied by a sketch or plan indicating the points on the property line at which the lower curb shall begin and end, as measured from the nearest street intersecting such curb or sidewalk. The fee for such permit shall be as set forth in Chapter A243, Fees, Charges and Deposits.

§ 195-2 Street openings.

A. 
No person shall leave or deposit any material of any kind for building or other purposes in or upon any public road, street, highway, parkway or sidewalk (whether paved or unpaved) or other public place in the Village of Flower Hill or dig or cause to be dug for any purpose any excavation, trench or other opening in any street, road, highway, parkway, sidewalk or public place in said Village or dig or remove or cause to be dug or removed therefrom any earth, stone, sand or gravel or tear up or damage any pavement, sidewalk, crosswalk, drain, sewer or any part thereof or erect, lay or cause to be erected or laid any telegraph, telephone, light or other poles or any drain, conduit or other pipe under, in or upon or over any road, street, highway, parkway, sidewalk or public place in said Village or move or cause to be moved any building or structure upon, along or across any road, street, parkway, highway, sidewalk or public place without first having obtained from the Village Clerk or Village Clerk-Treasurer a written permit for that purpose.
B. 
Such permit shall be conditioned upon said work being performed in such manner that a sufficient and safe passageway for pedestrians and vehicular traffic will be kept clear at all times, upon the proper guarding of the same both by night and day so as to avoid accidents and danger and upon the complete restoration of said road, street, highway, sidewalk, parkway or public place to its original condition; provided, however, that the Board of Trustees may, in its discretion, condition the issuance of such permit upon the making and filing of a bond made by the applicant, as principal, with a surety or insurance company duly authorized and licensed to do business in the State of New York, as surety, in such amount as the Board of Trustees may direct, that the applicant will hold harmless from and will indemnify the Village of Flower Hill for any and all injury, loss or damage to person or property, either of the Village of Flower Hill or others, resulting from or caused by any act or omission of the applicant, his agents, servants or employees, or any contractor employed by the applicant. Every permit for the opening of a road, street, highway, sidewalk, parkway or other public place shall provide that the person making the opening shall, as promptly as possible, backfill or cause the same to be backfilled and shall place thereon suitable temporary pavement which shall be cared for and maintained by such person until such time as proper settlement for the laying of permanent pavement shall have taken place, such time not to exceed three months. The person making or causing the opening to be made shall notify the Village Clerk or Village Clerk-Treasurer when said opening has been backfilled and temporarily paved and when the laying of permanent paving has been completed.
(1) 
The temporary pavement installed as described above shall be installed by the applicant and shall be maintained to the satisfaction of the Village and shall meet all requisite industry standards and applicable regulations, rules, codes and laws.
[Added 3-2-2009 by L.L. No. 1-2009]
(2) 
The installation of permanent pavement as described above shall also be done by the applicant to the satisfaction of the Village and shall also meet all requisite industry standards and comply with all applicable regulations, rules, codes and laws.
[Added 3-2-2009 by L.L. No. 1-2009]
(3) 
Whether or not the Board of Trustees, in its discretion, conditions the issuance of a permit as described above upon the filing of a bond by the applicant, in any event, each applicant shall be required, upon the grant of an application, to hold harmless from and indemnify the Village of Flower Hill, its officers, agents and employees for any and all injury, loss or damage to person or property, either of the Village of Flower Hill or others, resulting from or caused by any act or omission of the applicant, the applicant's agents, servants or employees, or any contractor employed by the applicant. Said agreement shall survive the completion of the work.
[Added 3-2-2009 by L.L. No. 1-2009]
C. 
A permit granted for a road opening shall expire three months from the day upon which it was granted.
[Added 5-4-2009 by L.L. No. 6-2009]

§ 195-3 Failure to repair excavations.

[Amended 6-7-2004 by L.L. No. 14-2004]
Any person who has been granted a permit to open a street, road, highway, parkway, sidewalk, or public place in the Village of Flower Hill who shall fail, neglect, or refuse promptly to backfill or cause to be backfilled and covered with temporary pavement any such opening shall be in violation of this chapter, and for each and every day that such violation continues, shall be subject to a fine as provided in Chapter 1, General Provisions Article II, Penalties, of the Code of the Village of Flower Hill. In addition to any such fine, such opening may be backfilled and covered with temporary pavement by the Village of Flower Hill, and such person shall pay for such backfill and for such temporary pavement at a rate determined by the Village for its costs and disbursements incurred by reason thereof. If, after the opening shall have been backfilled and the surface of the road, street, highway, sidewalk, parkway or public place shall have been properly restored, and the cost of any fines or backfilling and restoration of the surface has been deducted from the amount, if any, of the deposit made as herein provided, there shall be a balance over and above the amount, if any, of the deposit made as herein provided, then such balance shall be returned to the person making such deposit; but if the cost of any fines or backfilling and restoration of the surface shall exceed the sum deposited, the excess shall be paid by such person.

§ 195-4 Bond required of public utilities performing street openings.

In lieu of the deposit provided for in § 195-3, any gas, electric light, water, telephone, telegraph or other public service corporation may make, execute and deliver to the Village of Flower Hill its bond, as principal, together with an insurance company duly authorized and licensed to do business in the State of New York, as surety, in the sum of $10,000 conditioned upon the proper backfilling of any and all openings in any road, street, highway, sidewalk, parkway or public place and the restoration of the surface thereof to the condition prior to such opening and guaranteeing its maintenance for a period of one year after such restoration, such bond to be approved as to form and sufficiency of surety by the Board of Trustees before any permits shall be issued.

§ 195-5 Leaving materials on public roadways prohibited.

[Amended 6-7-2004 by L.L. No. 14-2004]
The leaving or depositing of any materials for building or other purposes in or upon any public road, street, highway, or sidewalk (whether paved or unpaved), or other public place in the Village shall be prohibited.

§ 195-6 Moving buildings.

[Amended 6-7-2004 by L.L. No. 14-2004]
Each applicant for a permit to move or cause to be moved any building, dwelling house, barn, garage, outbuilding or other structure from one place to another, whether within property lines or upon, along or across any road, street, parkway, highway, sidewalk, or public place in the Village, shall pay a fee as set forth in Chapter A243, Fees, Charges and Deposits, in addition to meeting the requirements for posting the bond referred to herein in § 195-2B to secure the proper restoration and indemnity for injury, loss, or damage as specified therein.

§ 195-7 Obstruction of streets and sidewalks; parking prohibited with two-inch snowfall.

A. 
Any Village, street, lane, road, sidewalk or highway, whether paved or unpaved, improved or unimproved, and any driveway or other means of ingress to or egress from any Village street, lane, road, sidewalk or highway shall not be blocked or obstructed at any time in order to provide a safe, convenient and passable means of ingress to and egress from the same for all private, public and emergency vehicles of any kind.
B. 
Parking is prohibited on Village streets at any time when two inches or more of snow has fallen or has been forecast by the National Weather Service. Parking may be resumed once the snow has stopped falling and the roads have been cleared.
[Added 3-2-2009 by L.L. No. 3-2009]

§ 195-8 Drainage.

[Amended 7-6-2010 by L.L. No. 13-2010]
Roof rainwater and pool drainage of any type shall not drain onto highways, streets, alleyways, adjoining property or into the public sanitary sewer system. Each property within the Village shall be maintained such that all drainage water is drained within the property itself.

§ 195-9 Idling of vehicles.

[Amended 11-6-2000 by L.L. No. 3-2000]
Vehicles shall not be permitted to idle within the Village in excess of two minutes.

§ 195-10 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties, of the Code of the Village of Flower Hill.

§ 195-11 Obstructions between property line and street.

[Added 7-6-2010 by L.L. No. 12-2010]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
RIGHT-OF-WAY
The Village right-of-way is the area of land between the property lines on any given street.
B. 
Applicability; prohibition.
(1) 
This section pertains to obstructions placed on any property in the portion of the right-of-way between the property line closest to the street and the curbline or, if no curb, to the street line.
(2) 
In no event shall any obstructions be placed on any street.
C. 
Maintenance; liability.
(1) 
Any obstruction placed in the right-of-way will be maintained at the property owner's sole risk, provided that it does not interfere with road maintenance, sight distance or passage or potential passage of pedestrians or pose a potential hazard or liability for the Village.
(2) 
The Village does not accept any liability for damage to such objects or their condition from any activity of the Village or any third party. Any and all liability with respect thereto remains with the property owner.
D. 
Removal; cost. The Village may require the removal of any obstruction by serving a written notice on the person in control of property which adjoins the public right-of-way on which the obstruction is located, requiring the person in control to remove the obstruction within five calendar days, or immediately if a serious potential hazard or liability for the Village exists, at the Village's sole discretion. The cost of such removal shall be that of the property owner, tenant, or person in control.
E. 
Failure to remove; lien. If a property owner, tenant, occupant or person in control of a property shall fail to remove the obstruction within the designated time, the Village may perform such removal using Village forces or a contractor employed for that purpose and shall charge the cost of such removal and restoration to the owner of the property. Such charges shall become a lien upon the property until paid.