[Adopted 4-29-1987 by L.L. No. 4-1987]
A.
The Board of Trustees of the Village of Bayville hereby
finds that there exist numerous streets in the Village of Bayville
that are either privately owned or that have never been formally dedicated
to public use but that, nonetheless, are streets to which the public
at large has both vehicular and pedestrian access and are frequently
used for such purpose. The Board of Trustees further finds that, although
many such streets are regularly and adequately repaired and maintained
by the adjoining or nearby property owners, there are other streets
that are in a serious state of disrepair and neglect, having broken
pavement, no pavement, potholes, ruts, ridges and unstable subsurfaces,
or are inadequately maintained and in need of improvement; that such
streets pose a serious safety hazard in that use thereof by the public
and by public emergency vehicles, such as fire, police and ambulance
vehicles, presents a constant danger of personal injury and serious
property damage, or a health hazard by reason of unsanitary conditions,
and that no adequate procedures exist to ensure that such privately
held/owned streets are repaired, maintained and/or improved so as
to meet minimum standards of public health, safety and welfare.
B.
The Board of Trustees hereby finds that it is essential
that orderly procedures, based upon requests from residents, be established
to ensure that the repair, maintenance and improvements of such streets
be made as the public health, safety and general welfare of the Village
may from time to time require, to determine the need for specific
improvements in and to such streets, or portions thereof, to provide
for the accomplishment of such specific repairs, maintenance and/or
improvements as the Board of Trustees and a majority of the affected
residents may find necessary, and for levy of special assessments
against certain owners of real property abutting said streets and
throughout said private street improvement districts as provided for
herein, benefited by such work and improvements, so as to pay for
the cost thereof.
The provisions of this article shall apply to
all private streets, and portions of streets, in the Village of Bayville
that are:
A.
Either privately owned or not maintained by the Village
of Bayville or the County of Nassau or Town of Oyster Bay.
B.
Streets to which the public has access, over private
streets or adjoining streets connecting with public streets, for the
purpose of vehicular and pedestrian access to and from private property,
for commercial loading or unloading, garbage pickup, mail delivery
or access for public emergency vehicles, including, but not limited
to, police, fire and ambulance vehicles.
C.
In such a state of neglect, disrepair or proper maintenance
that, without grading, paving, drainage and other improvements, the
use thereof presents a danger of personal injury or serious property
damage or creates a health hazard because of unsanitary conditions.
D.
Providing for a three-step process of making an assessment,
imposing a levy and collecting costs against recalcitrant property
owners, all by the Village Board of Trustees from time to time.
A.
For the purpose of this article, the Incorporated Village of Bayville
is hereby divided into, and there are hereby established, 19 separate
private street improvement districts bounded as depicted on the multicolor
map annexed hereto[1] and generally described as follows:
(1)
District 1: Those streets known as "Hilary Drive," "Alan Road," and
"Whitney Road."
(2)
District 2: Those streets north and south of Bayville Avenue and
east of and including Tenth Street and terminating at First Street.
(3)
District 3: Sound Beach Avenue, Bay Beach Avenue, June Avenue, July
Avenue, and August Avenue.
(4)
District 4: Those streets on the north side of Bayville Avenue beginning
with Sound Beach Road and continuing East to and including Ships Lane.
(5)
District 5: Those streets on the south side of Bayville Avenue beginning
with Seventeenth Street and continuing east to and including Fourteenth
Street. First Avenue from its intersection with Ludlam Avenue and
continuing east to its intersection with Fourteenth Street. Second
Avenue from its intersection with Fifteenth Street and continuing
east to its intersection with Fourteenth Street. And the street intersecting
with Ludlam Avenue known as Vivona Court.
(6)
District 6: Those streets on the north side of Bayville Avenue beginning
with Washington Avenue and continuing east to and including Jackson
Avenue. Those streets on the south side of Bayville Avenue beginning
at Franklin Avenue and continuing east to and including Jackson Avenue.
(7)
District 7: Those streets north of Bayville Avenue beginning with
Cliff Drive and continuing east to and including Oak Shore Drive.
The street known as "Snug Cove Lane" on the south side of Bayville
Avenue.
(8)
District 8: The street known as "East Slope Road" from its intersection
with Bayville Avenue and continuing south to its intersection with
Godfrey Avenue. Those streets known as "Carr Place," "Grove Street"
and "Arlington Lane" from its intersection with Bayville Avenue and
continuing south/southeast to its intersection with Shore Road. The
street known as "Shore Road" from its intersection with Arlington
Lane continuing south to its termination south of Saltaire Lane and
that street known as "Saltaire Lane."
(9)
District 9: Those streets bordered on the north by Bayville Avenue
on the south by Godfrey Avenue on the west by School Street and on
the East by Mountain Avenue. Those streets known as "Stanford Place,"
"Overlook Avenue," "Ridge Road" and "Farview Avenue," which said streets
are bordered on the west by Mountain Avenue and on the East by East
Slope Road.
(10)
District 10: Those streets contained within the area known as
"Oak Point I" on the north side of Bayville Avenue.
(11)
District 11: Those streets contained within the area known as
"Oak Point II" on the north side of Bayville Avenue.
(12)
District 12: Those streets on the east side of Mountain Avenue
bordered by Godfrey Avenue on the north side and Creek Road to the
south and Shore Road from its intersection with Bayview Avenue and
continuing north to its termination north of and including Tides Court.
The street known as "Duane Lane" north of Godfrey Avenue. Those streets
on the west side of Mountain Avenue bordered by Godfrey Avenue on
the north side and Creek Road to the South side.
(13)
District 13: Those streets on the north side of Bayville Avenue
beginning with Beaver Drive and continuing east to and including Private
Road. Those streets on the south side of Bayville Avenue and intersecting
with Bayville Avenue beginning with Calendar View Drive and continuing
east to but excluding School Street.
(14)
District 14: Those streets bordered on the north by Bayville
Avenue, on the south by Godfrey Avenue, to the west by Perry Avenue
and by Robert Road to the east.
(15)
District 15: Those streets known as "Library Lane," "Terry Lane,"
"Schrader Place" and "Finnin Place."
(16)
District 16: Those streets on the north side of Bayville Avenue,
beginning with White Cap Court and continuing east to Mohring Bay
Court, excluding Merritt Lane, a Village-owned street. The street
known as "Wilson Avenue" on the north side of Bayville Avenue.
(17)
District 17: Those streets beginning at the intersection of
Bayville Avenue and Bayville Park Boulevard and continuing south to
and including Hickory Road. All those streets intersecting with Bayville
Park Boulevard on its east and west sides and King Road from its intersection
with Satinwood Road and continuing south to its intersection with
Hickory Road. Emerson Drive from its intersection with Library Lane
and continuing south to its intersection at Violet Road.
(18)
District 18: Those streets intersecting Perry Avenue on its
west side beginning with Sanzoverino Lane and continuing south to
and including Meadow Lane and those streets known as "Cherry Road,"
"Crosson Avenue," "Roosevelt Avenue," "Cross Road," "Shore Drive"
and "King Road" from its intersection with Bell Lane and continuing
north to its intersection at Hickory Road.
(19)
District 19: Those streets contained within the area known as
"Cat Hollow." Bordered on the north by Godfrey Avenue, on the south
by Creek Road, on the west by Perry Avenue and on the east by Tradewinds
Drive.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
B.
The following streets in the Village of Bayville are
presently maintained by the Village of Bayville or the County of Nassau
or Town of Oyster Bay and are excluded from the aforesaid private
street improvement district:
C.
The Village Board of Trustees finds that there are
presently eight private streets within the various said districts
in the Village, First Avenue, The Boulevard, East Slope Road, Cat
Hollow Road, Bayville Park Boulevard, King Road, Wayaawi Avenue and
Arlington Lane, which are private streets used as through streets
by many of the residents residing in the applicable street district,
and, due to said fact of such use, the Board of Trustees finds that
the costs of improvement and maintenance of such through streets should
be borne, or paid for proportionately, by all of the property owners
of said entire street district.
[Amended 6-24-1991 by L.L. No. 5-1991; 3-23-2015 by L.L. No.
2-2015]
D.
With reference to all other private streets within
said street districts, the Board of Trustees finds that if a private
street or a portion thereof is maintained/improved as provided for
herein, the costs of the same should be borne or paid for proportionately
by all of the property owners of that particular street.
A.
Maintenance/improvement by local civic association.
(1)
Through streets. Fifty percent or more owners of record
of real property as shown on the Village of Bayville tax records within
one of the private street improvement districts, which is the subject
of maintenance/improvement provided for herein, may submit to the
Village Clerk a written petition signed by such property owners of
record, requesting that such through street, or a specified portion
thereof, be maintained/improved by the pertinent local civic association,
if any, in the manner therein requested, such as grading, drainage,
paving, resurfacing or curbing, with the entire cost of such maintenance/improvement
to be assessed proportionately against all property owners within
that private street improvement district.
(2)
Non-through streets. Fifty percent or more owners
of record of real property as shown on the Village of Bayville tax
records of a private street (not a through street) within one of the
private street improvement districts, which is the subject of maintenance/improvement
provided for herein, may submit to the Village Clerk a written petition,
signed by such property owners of record, requesting that such street,
or a specified portion thereof, be maintained/improved by the pertinent
local civic association, if any, in the manner therein requested,
such as grading, drainage, paving resurfacing or curbing, with the
entire cost of such maintenance/improvement to be assessed proportionately
against all property owners abutting said private street to be so
maintained/improved as herein provided.
B.
The petition shall provide the name of the officers
of the pertinent civic association or, if none, the petition shall
designate at least one of the signatories of said petition to be authorized
to represent said petitioners and to receive notices on behalf of
said petitioners.
C.
Upon receipt of any such petition, the Village Clerk
shall forward the same to the Mayor and Board of Trustees for review
and consideration at one of its regularly scheduled meetings. If the
Board deems such improvement/maintenance, or any part thereof, as
requested in said petition warranted, the Board of Trustees, by resolution,
shall request that a survey and written report thereon be prepared
by the Village Building Inspector or Village Engineer or consulting
engineers. Such survey and report shall contain a detailed description
of the defects, if any, in such street or streets, or portions thereof,
and recommended action to correct same, with alternate solutions,
if any, and a description of any improvements required, with detailed
estimates of the cost thereof. Upon receipt of such survey and report,
the Board of Trustees shall consider the recommendations therein contained,
and, if it deems such specific street improvements warranted, it shall,
by resolution, propose the same and schedule a public hearing thereon.
D.
Notice of such public hearing shall be published in
the official newspaper of the Village at least 14 days prior to such
hearing, and in addition thereto, copies of such notice shall be sent
by the Village Clerk, by regular mail, at least seven days prior to
such public hearing, to the owners of all properties as shown on the
tax records of the Village within that particular private street maintenance/improvement
district. Such notice shall state whether the subject street is a
through street or a non-through street in said district. The affidavit
of mailing of said Clerk of Deputy Clerk shall be conclusive proof
of such mailing.
E.
Within 30 days after the closing of such public hearing,
the Board of Trustees shall, by resolution, either adopt such street
improvement/maintenance plan, as originally proposed or as modified
by the Board of Trustees, or shall disapprove such street improvement/maintenance
plan.
F.
In the event that such street improvement/maintenance
plan is adopted by the Board of Trustees, the Board, by resolution,
will forward copies of all said surveys and reports to the representative
of petitioners for their action. In the event that no action is taken
by said petitioners within 60 days thereafter, the Board of Trustees
shall meet with said petitioners' representatives to determine the
status of the subject matter of the petition. In the event that a
majority of the petitioners indicate to the Board that they desire
no action to be taken, the administrative and professional costs and
reasonable Village Counsel fees and expenses of the survey and report
and costs of the public hearing, including publication costs and public
stenography fees, and any other necessary costs and expenses incurred
by the Village may, subject to the Village Board's discretion, be
assessed, levied and collected by the Village proportionately against
all properties abutting the subject street where a non-through street
is the subject, and against all properties within the entire district
where a through street is the subject.
G.
In the event that the petitioners and/or the applicable
civic association for the subject district should cause the proposed
maintenance/improvement work to be completed with the various property
owners making payment for costs of same, and there is a balance unpaid
and due from any property owner or owners benefiting from such maintenance/improvement
work having been performed as provided for herein, and the Village
having been notified of such balance due on behalf of such property
owner or owners referred to hereinafter as "recalcitrant property
owner or owners," the Board of Trustees, after reasonable notice to
said recalcitrant property owner or owners, shall adopt a resolution
to hold a public hearing pursuant to the applicable provisions of
the Village Law so as to effectuate an assessment, levy and collection
for said proportionate unpaid sums due, as described hereinafter,
against said recalcitrant property owner or owners. Notice of such
public hearing to effectuate an assessment, levy and collection for
such sums due against said recalcitrant property owner or owners shall
be published in the official newspaper of the Village at least 14
days prior to such hearing and, in addition thereto, copies of such
notice shall be sent by the Village Clerk or Deputy Clerk, by certified
mail, at least seven days prior to such hearing, to such recalcitrant
owner or owners, as shown on the tax records of the Village. Such
notice shall advise such recalcitrant owner or owners of said action
to be taken as a result of said balance due. The affidavit of mailing
of said Clerk or Deputy Clerk shall be conclusive proof of such mailing.
At the conclusion of said public hearing, the Board of Trustees shall
proceed, by resolution, to finally fix, adopt and confirm a local
assessment, assessing the proportionate cost of such street or through
street maintenance/improvement work against each recalcitrant property
owner or owners on said street, or in that district, as provided for
herein.
H.
In the event that the petitioners or the applicable
civic association have caused any aforesaid maintenance/improvement
work to be performed, in whole or in part, and have paid for the costs
of same, and the Village has incurred administrative and professional
costs and reasonable Village Counsel fees and expenses of the survey
and report and costs of the public hearing, including publication
costs and public stenography fees, and any other necessary costs incurred
by the Village, the Village Board of Trustees may, subject to the
Village Board's discretion, assess, levy and collect on behalf of
the Village the total of said costs and expenses proportionately against
all properties abutting the subject street where a nonthrough street
is the subject, and against all properties within the entire district
where a through street is the subject.
The Board of Trustees hereby determines that
the fair method of determining the costs of each property owner for
such maintenance/improvement is and shall be by assessing:
A.
With reference to through streets maintenance/improvements:
each buildable or improved parcel of land in the entire private street
improvement district in proportion to the total number of such parcels
contained in said entire district.
B.
With reference to nonthrough streets maintenance/improvements:
each buildable or improved parcel of land abutting said private street,
or portion thereof, which has been the subject of such maintenance/improvement
in proportion to the total number of such parcels abutting said street.
The Board of Trustees, in the event of nonpayment
of such proportionate costs by any such recalcitrant property owner
or owners, shall impose a levy in the amount of such balance due,
plus interest, as allowed by law, against the property owned by said
recalcitrant property owner or owners by adding said total sum due
to the Village tax on said real property, and the Board of Trustees
shall from time to time take such action, as it deems advisable as
permitted by law, to collect said sums due against such real property.
Upon collection by the Village of said proportionate
unpaid sums due, the Board of Trustees shall, if permitted by law,
pay over said proportionate unpaid sums so collected to the party
or parties who paid the costs of such maintenance/improvement costs
on reasonable certification of payment of same, less the aforesaid
costs and expenses incurred by the Village.
A.
Nothing herein contained shall be deemed to repeal,
supersede or otherwise affect any provisions of the Village Law, or
other laws of the State of New York, empowering the Village to lay
out, alter, widen, narrow, discontinue or accept the dedication of
a street in the Village, to acquire streets by prescription, to grade,
pave, drain, construct, repair, repave, maintain and improve streets,
sidewalks and curbing, to finance the costs thereof, and to apportion
and assess the cost of such improvements by special or local assessments
as by law provided.
B.
The invalidity of any word, section, clause, paragraph,
sentence, part or provision of this article shall not affect the validity
of any other part thereof which can be given effect without such invalid
part or parts.
