Village of Liberty, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted Liberty Village Board 1-6-1947.]
Any person or persons owning real property abutting on any street in the Village of Liberty may apply to the Board of Trustees on forms provided by the Village for consent to construct curb and gutters on the street line abutting such real property. Whenever consent thereto has been granted by the Board of Trustees, by resolution duly adopted, said property owner may cause such curb and gutter to be constructed and shall pay and discharge all expenses for labor and materials therefor, and shall present to the Board of Trustees evidence of the expense therefor and proof that payment in full has been made by said property owners. The resolution of the Board of Trustees granting consent for the construction of said curb and gutter shall state the number of feet of curb and gutter to be constructed, the amount that the Village agrees to reimburse such property owner, and shall further state the terms of reimbursement. Such reimbursement shall be made in equal annual installments over the period of time specified in the resolution. In the event of a sale or change of ownership of real property in front of which said curb and gutter is so constructed, the claim for such indebtedness, or the unpaid balance, may be assigned to the succeeding title owner or owners, by written assignment properly signed and acknowledged and filed with the Village Clerk, but said claim may not be assigned to any other person or persons. In all cases where such consent is granted as herein specified, the construction of said curb and gutter shall be under the supervision of the Superintendent of Public Works of the Village, who shall regulate and prescribe the grade, location, dimensions, materials, construction and other specifications for such work. Before any reimbursement is made to any such property owner, the Superintendent of Public Works shall inspect the completed work and certify in writing that said work and materials were furnished in accordance with his specifications and that such work and materials are satisfactory. The granting of a consent for such work by the Board of Trustees of the Village of Liberty, as herein specified, shall be wholly discretionary with said Board. In the exercise of such discretion the Board of Trustees shall take into consideration the type and locality of said street in respect to travel thereon and the number of persons living thereon. Streets subject to heavy traffic and streets along which building has expanded shall be favored over streets not generally traveled or sparsely settled by buildings and improvements. The Board shall also take into consideration the extent of curb and gutter already constructed and the likelihood of further construction of curb and gutter on said street and whether the proposed curb and gutter will be contiguous to existing curb and gutter.
The terms of reimbursement specified in the resolution granting consent shall not limit the Village in any way, and the Village of Liberty shall have the right to increase the installments or pay the full balance of any such claim at any time. All such claims for reimbursement by the Village shall be without interest.
Nothing herein contained is intended to limit the exclusive control of the Village of Liberty over the supervision and construction of curbs and gutters in the streets of the Village of Liberty.
The Board of Trustees, in granting such consent, may impose the condition that the property owner at the same time construct a sidewalk at the property owner's expense without reimbursement, and state the specification of location, grade, work and materials of such sidewalk or impose such other terms and conditions which to the Board seem proper.