[Adopted 2-22-2007 by Ord. No. 2-2007]
A.
No private street, road or right-of-way which permits
access to or from any public street or road over any lot to or from
any other lot may be established, opened, altered or improved without
the prior consent of the Board of Trustees, and the approval by the
Board of Trustees of a site plan for any property on which any part
of the said private street, road or right-of-way is located or proposed
to be located. No such approval shall be granted except after a public
hearing, held in the same manner as provided in this Code for a variance
application before the Board of Appeals.
B.
No property in the Village of Great Neck Estates shall
be used for access between any public street or road and any other
property, whether or not located in the Village, without the consent
of the Board of Trustees and the approval of a site plan as provided
in this section.
C.
Where the Board of Trustees determines that any private
street, road or right-of-way is or would be detrimental to the public
health, safety or welfare, or that the character of the neighborhood
in which it is located or proposed to be located would be adversely
affected, or that the private street, road or right-of-way is unnecessary
to provide reasonable access to the property to which access is provided
or proposed to be provided, the Board of Trustees may refuse to permit
the establishment, opening, alteration or improvement of the private
street, road, or right-of-way.
D.
The provisions of this section shall not apply to
any private street, road or right-of-way lawfully in existence on
January 15, 2007, provided that any such private street, road or right-of-way
is not on or after such date improved, altered or extended. Any such
improvement, alteration or extension shall be subject to the provisions
of this section which require consent from the Board of Trustees and
approval of a site plan.
E.
Notwithstanding any other penalty provision provided by law, any person or entity who violates any provision of this section shall be subject to a fine not to exceed $500 for each of the first five days, not to exceed $1,000 for each of the next 10 days, and not to exceed $2,500 for each day thereafter on which a violation of this section occurs and/or for each day on which any private right-of-way, or improvement, alteration, or extension to any private right-of-way, continues to exist without an approval required by this section and/or each day such violation of this section continues without remediation after notice from the Village that remediation is required. In addition, the provisions of Village Code § 1-1B shall be applicable to any violation of this section.
