[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.]
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.
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]
[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.
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.
[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.
[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.
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]
[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.
[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.
[Added 7-6-2010 by L.L. No. 12-2010; amended 2-8-2021 by L.L. No. 1-2021]
A.
RIGHT-OF-WAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Village right-of-way is the area of land between the
property lines on any given street.
C.
Maintenance; liability, application to maintain obstruction in right-of-way:
(1)
After a public hearing, the Board of Trustees may grant a license
for a structure to be maintained by an adjoining landowner in the
right-of way. This license shall be revocable at the sole discretion
of the Board at any time and for any reason.
(3)
Criteria to be considered by the Board:
(a)
In determining whether to grant such a license, the Board shall
consider any and all criteria it deems applicable which may include,
but not be limited to:
[1]
For an already existing structure, whether the structure when
constructed was believed by the landowner to be located on the landowner's
property rather than the Village right-of-way and whether the cost
of removal can only be accomplished at great cost to the adjoining
landowner.
[2]
For any structure, whether there are unique topographical features
of the subject property such that the proposed structure should be
located in the right-of-way.
(4)
Conditions upon grant of special permit:
(a)
The Board may grant such special permit if it sees fit to do
so and upon any conditions it deems appropriate which shall include
but not be limited to:
[1]
Any obstruction placed in the right-of-way will be maintained
at the adjoining property owner's sole risk. The Village does
not accept any liability for damage to such objects, or any harm or
damage to any other person or object as a result of the existence
of the objects, or their condition, or as a result of any activity
of the Village or any third party. Any and all liability with respect
thereto remains with the adjoining property owner, and the adjoining
landowner shall sign such indemnification and hold harmless provisions
as the Village may require.
[2]
At his or her own cost, the adjoining property owner shall maintain
the structure at all times making any and all repairs as the Village
directs.
[3]
In the sole determination of the Village, the structure cannot
interfere with road maintenance, sight distance or passage or potential
passage of pedestrians or pose a potential hazard or liability for
the Village.
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.
