[HISTORY: Adopted by the Board of Trustees of the Village of Head-of-the-Harbor
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-1982 by L.L. No. 3-1982]
As used in this Article, the following terms shall have the meanings
indicated:
Both public and private roads, streets, highways, ways, courts, etc.
A.
Road name signs shall be generally in conformity with
the standards of the New York State Department of Transportation, Division
of Traffic and Safety, Manual of Uniform Traffic Control Devices.
B.
Letters for all road names shall be at least four inches
high. Lettering shall be block, uppercase, throughout.
[Amended 9-20-2000 by L.L. No. 5-2000]
C.
Road name signs shall be mounted at least seven feet
high, diagonally, on two corners of each four-way intersection to face traffic
on the main road. Both road names shall be displayed and the sign shall be
placed as near as practicable to the intersection. If there is a traffic control
sign at the intersection, the road name sign may be mounted on top of the
other sign.
This Article shall be effective immediately. All privately owned nonconforming
road name signs in place on the effective date of this Article shall be removed
by June 30, 1983; if not, the Village may remove such signs, on notice to
the owner of the sign, if he is known, and to the persons who reside closest
to the sign, if the owner is not known to the Village.
[Adopted 12-13-1986 as L.L. No. 2-1986]
When the owners of private roads fail to maintain their roads properly,
passage of emergency vehicles may be impaired and lives and property may be
at hazard. A Village may not maintain private roads for their owners without
subjecting its officials to the risk of liability for diverting public funds
to private benefit. This Article is enacted to require owners of private roads
to assume the expense of making their roads safe.
This Article shall be known as the "Improvement of Private Roads Law."
The following terms have the following meanings in this Article unless
the context clearly indicates otherwise:
Each person, firm or corporation who or which owns real estate adjoining
a private road.
Every road, lane or way that is owned by anyone other than a government
and is open to free passage of motor vehicle traffic.
A road with adequate drainage, free of obstructions or deep potholes,
which permits passage of emergency motor vehicle traffic at a normal rate
of speed.
The owner of a private road shall maintain it in proper condition, in
the interest of public safety, health and comfort and the general welfare.
Every notice required by this Article shall be published in the official
Village newspaper. For hearings, the notice shall be published at least 10
days in advance, and it shall state the subject matter, date, time and place
of the hearing. Notice shall also be given by certified mail, return receipt
requested, to the owner and persons who will benefit from the improvement
of a private road, at the address shown on the Village tax assessment roll
for such persons. A hearing may be adjourned by announcement at a scheduled
hearing, without further public or personal notice.
If the Board of Trustees finds that a private road has not been maintained
in proper condition, it may call a public hearing to consider repair or improvement
of the private road, at the owner's expense, on notice to the owner.
The notice shall describe, in general terms, the scope of the proposed work,
its estimated cost and the lands to be benefited. After the hearing the Board
shall determine what work should be done to put the road in proper condition,
authorize performance by Village employees or by contract and specify what
lands will benefit from the work. A map of the assessment district, showing
the lands that will benefit, shall be filed in the Village Clerk's office
as soon as practicable.
The cost of repair or improvement of a private road shall include all
labor and materials and all expenses, direct or indirect, including but not
limited to service of notice, engineering, legal and stenographic. After the
cost is determined, the Board of Trustees shall apportion it on the land on
the assessment map, according to frontage, area or otherwise, in proportion
to the benefit each property derives. A copy of the proposed apportionment
shall be filed in the Village Clerk's office.
Notice shall be given to the owner of every property on the assessment
map that the assessment map has been filed, apportionments have been made,
the map is available in the Village Clerk's office for review during
usual business hours and that a hearing for review and completion of the assessment
plan will be held. After the hearing the Board of Trustees may approve the
map with or without changes. The Board may add or exclude land from the map,
increase or decrease assessments and assess the cost as a whole or by installments,
but no land shall be added and no assessment shall be increased without prior
notice to its owner, with opportunity to be heard.
After the Board of Trustees approves the assessment map, it shall be
filed in the Village Clerk's office and notice of completion and filing
shall be published in the official newspaper. Any person aggrieved may apply
to a court of record for an order to review his assessment, but the apportionment,
assessments and the map shall be final and conclusive unless an application
is made within 15 days of the filing.
Assessments shall be collected in accordance with the same procedure
as for other Village taxes. If an assessment is unpaid 30 days after the Village
Treasurer's return, an action may be brought or an enforcement proceeding
commenced in accordance with the Real Property Actions and Proceedings Law.
