[HISTORY: Adopted by the Board of Trustees of the Village of Upper Brookville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Excavating and filling — See Ch. 108.
Fees and deposits — See Ch. 112.
Subdivision of land — See Ch. 180.
[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:
BERM
The area on each side of a street located between the curb, curbline or pavement and the abutting property line.
STREET
Includes any street, highway, road, avenue, lane or drive which appears on the Official Map of the Village.
VILLAGE STREET
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.
[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]
[1]
Editor's Note: This local law also provided for the redesignation of former §§ 177-4 and 177-5 as §§ 177-5 and 177-5.1, respectively.
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]
[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:
Chicken Valley Road
Mill River Road
Oyster Bay - Glen Cove Road
Piping Rock Road
Planting Fields Road
Remsen's Lane
Ripley Lane
Wheatley Road
Wolver Hollow Road
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.