[HISTORY: Adopted by the Board of Trustees
of the Village of Upper Brookville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-1-1973 as Art. 5 of the 1973 General Ordinance]
[Amended 9-16-2008 by L.L. No. 3-2008]
As used in this article, the following terms
shall have the meanings indicated:
The area on each side of a street located between the curb,
curbline or pavement and the abutting property line.
Includes any street, highway, road, avenue, lane or drive
which appears on the Official Map of the Village.
Includes any street, highway, road, avenue, lane or drive
which is owned and maintained by the Village and the sidewalk area
(berm) of any Nassau County road ("county road") over which the Village
has jurisdiction as provided for in Title B, § 12-4.0 of
the Nassau County Administrative Code and the berm area of any state
highway over which the Village has jurisdiction under the provisions
of § 46 of the New York State Highway Law.
No person shall build, kindle or make or assist
in building, kindling or making any bonfire or other fire in any street
or other public place in the Village.
[Amended 2-26-1985 by L.L. No. 3-1985; 9-19-2000 by L.L. No.
1-2000; 9-16-2008 by L.L. No. 3-2008]
No person, firm or corporation shall cause or
permit any accumulation of sand, snow, ice, gravel, cinder, topsoil,
mud, earth or similar material or swimming pool water to be placed,
deposited, tracked or flowed or litter, throw, place, deposit or discard
any garbage, trash or litter upon any street in the Village.
[Added 9-16-2008 by L.L. No. 3-2008[1]]
No person, firm or corporation, unless with
the consent and under the supervision of the Street Commissioner of
the Village, shall:
A.
Cause or permit any fence, wall, gatepost, structure,
rock, boulder or other obstruction upon any Village street, berm or
public ground in the Village (except a U.S. Postal Service mailbox
with a collapsible post no thicker than six inches and a name sign
as permitted by the Village's zoning regulations placed in the berm);
or
B.
Cause the accumulation of sand, snow, ice, gravel,
cinder, topsoil, mud, earth or similar material or swimming pool water
to be placed, deposited, tracked or flowed or maintained upon any
Village street, berm or public ground in the Village; or
C.
Place or maintain any tree, shrub, plant or other
similar obstruction upon any Village street, berm area or public ground
in the Village.
D.
Cause damage to the shoulder of a road. Any person found causing
such damage shall be responsible for all expenses to restore the shoulder
to its prior condition and to pay a fine of $400. The owner of a vehicle
that is parked, stopped, standing or being operated on the shoulder
which causes damage to the shoulder shall be deemed responsible for
the Village's restoration expenses and fine.
[Added 11-20-2017 by L.L. No.
8-2017]
A.
No person shall leave or deposit any material of any
kind for building or other purposes in any Village street or other
public place in the Village or dig or cause to be dug any excavation,
trench or other opening in any Village street, sidewalk or other public
place in said Village for any purpose; or dig or remove or cause to
be removed therefrom any stone, earth, sand or gravel; or take up
or destroy any pavement, crosswalk, drain, sewer or any part thereof;
or erect or lay or cause to be erected or laid any telegraph, telephone,
electric light or other pole or any drain, conduit or other pipe under,
in, upon or over any Village street or other public place in the Village;
or move or cause to be moved or assist in moving any buildings into,
along or across any such Village street or other public place without
having first obtained written permission for that purpose from the
Village Clerk, conditioned upon the doing of such work under the supervision
of the Street Commissioner; upon keeping clear at all times a sufficient
and safe passageway for all pedestrians and vehicular traffic; upon
proper guarding of the same, both by night and day, so as to prevent
accidents or danger; upon complete restoration of said street, sidewalk
or public place to its original condition; and upon indemnifying the
Village from all damage or loss.
B.
Such permit for the opening of a Village street shall
provide that the party making the opening shall backfill and puddle
or cause to be backfilled and puddled the opening and shall place
thereon such temporary pavement as shall be approved by the Street
Commissioner, which pavement shall be cared for by the applicant until
such time as the Street Commissioner shall decide that proper settlement
to allow the laying of a permanent pavement has taken place, such
time, however, not to exceed six months. The party making the opening
shall notify the Street Commissioner when said opening has been backfilled
or temporarily paved.
C.
The Village reserves the right to repair and resurface
all openings in a Village street at any time for the purposes of health
and safety and to recover the costs for the same from the deposit
hereinafter required.
D.
Each applicant for a permit to open a Village street, before the issuance of a permit, shall submit a written application indicating the square foot area of the street opening and shall pay a fee and deposit to the Village Clerk in the amounts required by § 112-7, and amendments thereto, of Chapter 112, Fees and Deposits.
[Amended 10-19-2004 by L.L. No. 4-2004]
E.
No curb cut shall be created on any street unless
a permit for the same has been issued by the Street Commissioner.
[Added 9-19-2000 by L.L. No. 1-2000]
[Added 9-19-2000 by L.L. No. 1-2000]
[Adopted 12-16-1985 by L.L. No. 4-1985]
[Amended 12-16-2003 by L.L. No. 6-2003]
The following roads and streets shall be and
hereby are declared to be scenic and historic roadways, and the historic,
scenic and cultural resources and the natural beauty of said roadways
and adjacent areas within the Village shall be preserved and protected
for the benefit and enjoyment of the inhabitants of the Village and
its neighboring areas:
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Chicken Valley Road
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Mill River Road
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Oyster Bay - Glen Cove Road
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Piping Rock Road
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Planting Fields Road
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Remsen's Lane
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Ripley Lane
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Wheatley Road
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Wolver Hollow Road
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No person shall do anything or perform any act which will adversely affect the historic, scenic or natural beauty of the roads and streets and adjacent areas within the Village enumerated in § 177-6.
