The Village Board believes that it is necessary
to adopt legislation to protect those property owners who reside on
private roads so that the roads shall remain accessible during the
winter period.
As used in this article, the following terms
shall have the meanings indicated:
OWNER
Includes, without limitation, the terms "subdivider" and
"developer."
PAVEMENT
Includes a macadam, asphalt, brick, concrete or other improved
roadbed.
PRIVATE STREET
A street which has not been officially accepted as a public
street by the Village Board, including, without limitation, streets
which have been offered for dedication but which have not been accepted.
STREET
Includes a highway, road or avenue serving two or more residences,
businesses or properties, or any combination thereof, as a means of
vehicular access.
The owner of any private street shall have the
legal responsibility and duty to provide snow and ice control on such
private street. Said owner shall provide for the prompt removal of
snow whenever the depth of uncompacted snow exceeds three inches.
The snow shall be removed in such a manner as not to obstruct any
public street. The owner shall have the further legal responsibility
and duty to protect against slippery areas in the streets by proper
and prompt application of sand and salt. Owners of private streets
shall have the legal responsibility and duty of keeping such streets
safe and open for travel. The determination of when to remove snow
and ice shall be made by the Superintendent of Highways.
Owners of private streets shall have the legal
responsibility and duty of keeping such streets in an acceptable and
proper condition of repair. Private streets shall be kept free of
potholes, cracks and defects in the pavement. The Village Board may,
from time to time, adopt by resolution such specific technical standards
as the Board determines necessary to assure compliance with this section.
The Planning Board shall provide, in approving
any subdivision or site plan which provides for the creation of a
private street, whether or not such private street is to be offered
for dedication to the Village, for means of private street maintenance
in accordance with this article. The Planning Board shall require
that an appropriate legend be placed on the map that the private street
shall be the subject of a maintenance agreement pursuant to the terms
of this article. No building located upon such private street shall
be occupied nor shall any certificate of occupancy be granted unless
provision for service pursuant to this article has been provided.
Simultaneously with the approval of site plan
or subdivision, the Planning Board shall require the owner to execute
a consent agreement permitting the Village, its employees or agents
to enter onto the owner's private road for purposes of snowplowing
and ice control only where the owner has defaulted in his duties pursuant
to this article. The consent agreement shall provide that the owner
agrees to indemnify and hold harmless the Village of Woodbury, its
employees or agents from any responsibility or liability in removing
such snow or ice from the owner's private road.
The Superintendent of Highways and/or his employees
shall periodically check the private roads in a given development
to ascertain whether or not the owner has complied with this article.
Violation of this article shall be punishable
by a fine not exceeding $1,000 for each violation. Each day or part
thereof that a violation continues shall be deemed a separate violation.