The Board of Trustees may from time to time, by resolution, and after
public hearing, require the construction or repair of sidewalks or curbs along
streets, roads, highways and parkways in the Village, as well as the construction
of sidewalks along state highways within the Village, and the repair of sidewalks
constructed by the state along state highways in the Village, at the expense
of the abutting owners or otherwise.
No sidewalk, curb or gutter shall be constructed or permitted to be
constructed or repaired along any street, road, highway or parkway in the
Village unless such construction shall be of concrete and conform to the lines
and grades furnished by the Village and in conformity with all of the specifications
and requirements established by rules and regulations of the Board of Trustees.
Unless constructed pursuant to a site plan or subdivision plan approved
by the Planning Board, no sidewalk, curb or gutter shall be constructed or
repaired, or work thereon commenced, until the owner of the premises in front
of which such sidewalk, curb or gutter is to be constructed or repaired, or
the authorized agent of the owner, shall have obtained a permit therefor.
Applications for such permits shall be made in writing in such form as may
be required by the Village. No permit shall be issued without the approval
of the Code Enforcement Officer endorsed thereon, unless so directed by resolution
of the Board of Trustees. Such permit shall specify the lines or grades of
such sidewalk, curb or gutter and such other direction as circumstances may
require. The permit required herein shall be in addition to any permit required
pursuant to regulations for street openings or obstructions.
Whenever a notice or notices referred to in §
186-4 hereof has been or have been served upon the owner or owners of the respective lots and parcels of land in front of which it is desired that sidewalks or curbs be built, relaid or repaired, and such owner or owners, occupant or occupants shall not cause the construction or repair to be made to the sidewalk or curb as required by the notice, the Board of Trustees may authorize and direct such construction and repair to be made as required by the notice, and the expense of such construction and repair shall be a charge upon the property owned by the persons otherwise required pursuant to this chapter to perform such construction or repair. Such charge shall be imposed in the same manner as applicable to a charge for real property taxes upon the property.
The owner or owners, occupant or occupants required to construct or
repair a sidewalk or curb pursuant to this chapter shall obtain a permit therefor
as provided in this chapter. If the location where the construction or repair
is to be made shall be upon a state highway, where the sidewalks or curbs
have been constructed by the state, the permit shall be obtained from the
Highway Division of the State Department of Public Works in accordance with
the rules and regulations of that Department. The Code Enforcement Officer
may require such bonds or deposits and issue such permit subject to such terms
and conditions as may be necessary for the protection of Village or other
public property.
Whenever such construction and repair is made by contract from the Village,
as provided in this chapter, no permit shall be required for such work.
The Village shall be reimbursed for the cost of building, relaying or
repairing any sidewalk or curb, when made as provided in this article, by
the owner or owners of the respective lots and parcels of land in front of
which such construction or repair was made, by assessment upon and collection
from the lots or parcels of land termed benefited by such construction or
repair, so much of the actual and complete cost upon and from each such lot
or lots as shall be in just proportion to the amount of benefit which the
improvements shall confer upon the same and collected in the same manner and
at the same time as other ad valorem charges.
No owner, tenant or occupant of premises abutting a public street, sidewalk
or right-of-way shall utilize any portion of that public street, sidewalk
or right-of-way in connection with or in furtherance of a business, trade
or occupation being conducted on such premises. This section shall not be
construed to prohibit the use of a public street, sidewalk or right-of-way
for access for such purpose as may be specifically and explicitly permitted
by applicable law. By way of illustration, the prohibition in this section
shall apply to, among other things, the repairing of automobiles in the street,
the installation or repair of automobile equipment or accessories, the drying
or cleaning of cars in a street, or welding or other similar activities.