The territory within the corporation limits
of said Village is hereby declared a separate road district exempt
from the jurisdiction and superintendence of the Superintendent of
Highways of the Town of Ossining, and the Trustees of said Village
shall be Commissioners of Highways for the same, and for such purposes
shall possess and have all the powers possessed by Superintendents
of Highways of Towns, under Chapter 30 of the Laws of 1909, being
Chapter 25 of the Consolidated Laws known as the "Highway Law," and
the acts amendatory thereof, as far as the same can be made applicable
thereto, and the Clerk of said Village shall possess and perform all
the powers and duties of the Town Clerk with reference thereto.
[Amended 9-5-1978 by L.L. No. 12-1978; 11-1-1983 by L.L. No.
7-1983; 8-3-1999 by L.L. No. 1-1999]
Except as otherwise provided by this Charter,
all public improvements to the streets, highways, bridges, reservoirs,
sewers, public wells or cisterns or any other public improvement where
the cost thereof shall upon estimate given exceed the maximum amount
as permitted by law and all purchase contracts involving an expenditure
of more than the maximum amount as permitted by law shall be done
and performed by contract to the lowest responsible bidder therefore;
provided, however, that the Board of Trustees may reject any and all
bids not considered to be in the best interest of the Village, and
the person or persons to whom any such contract shall be awarded shall
enter into a bond with said Trustees to be approved by them in a certain
sum of money for the faithful performance of such contract. But such
public improvement shall not apply to the ordinary work and repair
of the streets.
As used in this article, the following terms
shall have the meanings indicated:
Includes a macadam, telford, asphalt, brick or similarly
improved roadbed and is only applied to the portion of the street
between the sidewalks or established curblines.
Includes a highway, road, avenue, lane or alley which the
public have the right to use.
[Amended 8-3-1999 by L.L. No. 1-1999]
An owner of land in the Village who has laid
out a street thereon may dedicate such street, or any part thereof,
or an easement therein to the Village for a public street or an owner
may dedicate for such purpose land not laid out as a street. Upon
an offer, in writing, by the owner to make such a dedication, the
Board of Trustees shall meet to consider the matter; and it may, by
a resolution, determine to accept a dedication of the whole or of
any part of the land described in such offer or of the whole or any
part of such street to be described in such resolution. Upon the adoption
of such resolution, the owner may execute and deliver to the Village
Clerk a proper conveyance of the land to be dedicated. The Board of
Trustees may, by resolution, accept the conveyance, and a certified
copy of such resolution, together with the conveyance, shall thereupon
be recorded in the office of the Register of the County of Westchester.
Upon the acceptance of the conveyance, the land described therein
shall become and be a public street of the Village. No street less
than 50 feet in width shall be accepted by dedication. All offers
of dedication must be entered at length in the minutes of the Board
of Trustees.
Five resident freeholders may present to the
Board of Trustees a petition for laying out, altering, widening, narrowing
or discontinuing a street in the Village. The petition must be addressed
to the Board of Trustees and must contain a statement of the following
facts:
A.
The names and residences of the petitioners.
B.
If the petition is for the laying out of a street,
the general course thereof and a description of the land, if any,
to be taken.
C.
If the petition is for the alteration of a street,
its name, the proposed alteration and a description of the land, if
any, to be taken.
D.
If the petition is for the widening of a street, its
name and a description of the land to be taken.
E.
If the petition is for the narrowing of the street,
its name, its proposed width after such alteration and the manner
in which such narrowing is to be effected.
F.
If the petition is for the discontinuance of a street,
its name and the part proposed to be discontinued.
G.
If the petition is for the laying out, alteration
or widening of a street, the names and residences of the owners of
all land to be taken.
H.
If the petition is for the narrowing or discontinuance
of a street, the names and residences of the owners of adjoining lands
affected.
A.
Upon the presentation of the petition provided for
in § C5-5 of this Charter, the Board shall immediately give
notice that it will meet at a specified time and place, not less than
10 nor more than 20 days from the date of such notice, to consider
the petition. The notice must state the general object of the petition,
and if it is for the laying out of a street, a general description
of the proposed course, and in any other case, the name of the street
proposed to be changed or discontinued. The notice must be served
upon the following persons, unless such service is waived by them,
in writing.
(1)
If the petition is for the laying out of a street,
upon each owner of land to be taken.
(2)
If the petition is for the alteration or widening
of a street, upon each owner of land, if any, to be taken, and each
owner of land adjoining the part of the street affected.
(3)
If the petition is for the narrowing of a street,
upon each owner of land adjoining the part of the street affected.
(4)
If the petition is for the discontinuance of a street,
upon each owner of land adjoining the part of the street proposed
to be discontinued, and also upon the owner of land otherwise affected
by the proposed discontinuance.
B.
If the person other than the owner is in possession
of such land, notice must also be served upon him or her. Such notice
shall be published in the official newspapers in the Village and posted
in five conspicuous places therein. The notice must be served, posted
and published at least 10 days before the hearing.
The Board shall meet at the time and place specified
in the notice to consider the petition presented under § C5-5
of this Charter and also any objections thereto. A person affected
by the proposed improvement and upon whom notice has not been served
may appear in the hearing. A voluntary appearance of such person is
equivalent to personal service of the notice upon him or her. The
Board may adjourn the hearing, and must determine the matter within
20 days from the date fixed for such hearing. If the Board determines
to grant the petition, an order must be entered in its minutes containing
a description of the land, if any, to be taken.
The determination of the petition provided for
in § C5-5 of this Charter by the Board has the following
effect:
A.
If the petition for laying out, altering or widening
of a street is granted, the Board of Trustees may acquire the land
for such improvements by purchase or by proceedings under this article.
But no street shall be laid out through a building or any fixtures
or erections for the purpose of trade or manufacture or any yard or
enclosure necessary to be used for the enjoyment thereof, without
the consent of the owner thereof, except upon the order of a justice
of the Supreme Court residing in the ninth judicial district, to be
granted in application by the Board of Trustees on a notice to the
owner of not less than 10 days.
B.
If the petition for the narrowing of a street is granted,
the Board shall enter upon its records a description of the street
after such narrowing and the portion of the former streets not included
in such descriptions is abandoned.
C.
If the petition for the discontinuance of a street
is granted, such street or the part thereof so discontinued is abandoned.
If a petition for the laying out, alteration
or widening of a street is granted and the Board cannot agree with
an owner upon the purchase price of land necessary to be acquired,
an application may be made by the Board of Trustees to the County
Court for the appointment of three Commissioners to determine the
compensation to be made to such owner. At least 10 days before the
making up of such application a notice specifying the time and place
thereof must be served upon such owner.
Upon such application, i.e., the application
for Commissioners provided for in § C5-9 of this Charter,
the County Court must appoint as such Commissioners, three resident
disinterested freeholders of the county in which such land is situated,
not residents of the Village, nor nominated by a person interested
in the proceeding. In case of a vacancy, another Commissioner may
be appointed in like manner. The order of appointment must contain
the name of each person whose compensation is to be determined by
the Commissioners.
The Commissioners appointed pursuant to § C5-10
of this Charter shall file with the Village Clerk the constitutional
oath of office. They shall appoint a time and place for a hearing
and serve a notice thereof upon each person named in the order. Such
notice must be served at least 10 days before the hearing which must
be held within 20 days after their appointment.
The Commissioners appointed pursuant to § C5-10
of this Charter shall meet at the time and place appointed and may
adjourn from time to time. They shall personally examine the land,
compensation for which is to be determined by them, and may take testimony
in relation thereto. They shall keep minutes of their proceedings
and reduce to writing all evidence taken by them. They shall award
to each owner of land named in the order the compensation to which
he or she may be entitled after making allowance for any benefit he
or she may derive from the improvement. After the appointment of the
Commissioners and before any evidence is taken on the hearing, the
Board of Trustees may make an agreement with an owner named in the
order for the compensation to be made to him or her. If such agreement
is made, notice thereof must be served upon the Commissioners, and
thereupon the proceeding as to such owner is discontinued. The award
shall be signed by a majority of the Commissioners, and, together
with the minutes of their proceedings, the evidence taken by them,
and any notice of agreement served upon them, shall be filed in the
office of the Village Clerk.
The Board of Trustees or an owner to whom an
award has been made by the Commissioners appointed pursuant to § C5-10
of this Charter may, within 20 days after the filing of the award,
appeal therefrom to the County Court by which the Commissioners were
appointed. Such appeal shall be taken by a notice of appeal to be
served as follows:
A.
If the appeal is taken by the Board of Trustees, notice
thereof must be filed by the Village Clerk in his or her office, and
addressed to and served upon each owner to whose award objection is
made by the Board.
B.
If the appeal is taken by the owner, the notice of
appeal must be addressed to the Board of Trustees and served upon
the Village Clerk. The notice must in either case briefly state the
grounds upon which the appeal is taken.
Within 10 days after such appeal (i.e., the
appeal provided for in § C5-13 of this Charter, the Village
Clerk shall transmit to the County Judge the petition filed with the
Board for the laying out, alteration or widening of the proposed street,
all papers and evidence in the proceeding subsequently filed in his
or her office and a certified copy of each resolution of the Board
of Trustees relating to the improvement.
The appeal provided for in § C5-13
of this Charter may be brought on by either party by a notice of not
less than 10 days nor more than 20 days. If the appeal is by the Board
of Trustees, it brings up for review, all proceedings by or before
the Commissioners, and the award made by them. If the appeal is by
the owner, it brings up for review all proceedings relating to the
proposed improvement. If the appeal is by the Board of Trustees and
two or more owners are made respondents, the County Court may affirm
or reverse the award of the Commissioners as to the whole or any number
of such owners; and if the appeal is by an owner, the County Court
may affirm or reverse the award. If the award is reversed, the order
of reversal must state the reasons therefor, and if upon grounds relating
to the amount of the award, or for errors in the proceedings by the
Commissioners, it must direct a rehearing before the same or other
Commissioners. If it appears from the order of the County Court that
the award is reversed solely upon the grounds relating to the amount
of compensation or for errors in the proceedings by the Commissioners,
no further appeal shall be allowed. A certified copy of the order
of the County Court upon such appeal, together with the papers transmitted
by the Village Clerk, must be filed by the County Judge in the office
of such Clerk. The order must also be entered in the office of the
County Clerk.
[Amended 8-3-1999 by L.L. No. 1-1999]
Each Commissioner appointed pursuant to § C5-10
of this Charter is entitled to an amount as set forth in the Civil
Practice Law and Rules for each day actually and necessarily spent
in such proceeding, together with his or her necessary traveling and
incidental expenses. Such compensation and expenses are a charge against
the Village.
[Amended 8-3-1999 by L.L. No. 1-1999]
Costs on the appeal provided for in § C5-13
of this Charter shall not exceed those costs allowed under the Civil
Practice Law and Rules and, in civil actions, costs may be awarded
to the prevailing party in acordance with the Civil Practice Law and
Rules.
Upon the making of an agreement for compensation
to an owner under this article, or upon the final order or award fixing
the amount of such compensation in proceedings therefor, the Board
shall pay such amount and the costs, if any, allowed in such proceeding.
If the Village has exclusive control and jurisdiction
of a street or bridge therein, it may change the grade thereof. If
such change of grade shall injuriously affect any building or land
adjacent thereto or the use thereof, the change of grade to the extent
of the damage resulting therefrom shall be deemed the taking of such
adjacent property for a public use. A person claiming damages from
such change of grade must present to the Board of Trustees a verified
claim therefor within 60 days after such change of grade is effected.
The Board may agree with such owner upon the amount of damages to
be allowed to him or her. If no agreement is made within 30 days after
the presentation of the claim, the person presenting it may apply
to the Supreme Court for the appointment of three Commissioners to
determine the compensation to which he or she is entitled. Notice
of the application must be served upon the Board of Trustees at least
10 days before the hearing thereof. All proceedings subsequent to
the appointment of the Commissioners shall be taken in accordance
with the Condemnation Law, so far as applicable, except that the Commissioners
in fixing their award may make an allowance for benefits derived by
the claimant from such improvement. The amount agreed upon for damages
or the award therefor, together with costs, allowed to the claimant
shall be a charge against the Village.
The Board of Trustees may require the owners
or occupants of land fronting on sidewalks and footpaths within the
Village of Ossining to keep such sidewalks and footpaths and the gutters
in front thereof clear of snow and ice. Upon the failure of such owners
or occupants of land fronting on sidewalks and public footpaths to
obey any local law requiring the clearing of snow and ice from sidewalks,
footpaths or gutters, the Board of Trustees may cause such sidewalks,
public footpaths or gutters to be cleared and assess the expense thereof
upon such adjoining land.
The Board of Trustees may require the owners
or occupants of land fronting upon streets to keep the portion of
the street between the land and the curbline of the street cleared
of rubbish or other accumulations thereon, injurious to the use or
appearance thereof, and to cause all grass and weeds thereon to be
cut. If the owner of such adjoining land shall fail to comply with
such requirement, the Board of Trustees may cause such work to be
done, and assess the expense thereof upon such adjoining land.[1]
[1]
Editor's Note: Former Sec. 100, Sprinkling
streets, which immediately followed this section, was deleted 8-3-1999
by L.L. No. 1-1999.
[Amended 8-3-1999 by L.L. No. 1-1999]
The Board of Trustees may require the owners
of land to trim the trees and remove dead or dangerous trees thereon
and upon default may cause such trees to be trimmed or removed and
assess the expense thereof upon the adjoining land.
[Amended 6-20-1978 by L.L. No. 9-1978; 8-3-1999 by L.L. No.
1-1999]
Whenever expenditures are made by the Board
of Trustees for constructing or repairing sidewalks or pavements,
trimming trees or keeping the streets or sidewalks cleared of weeds,
ice, snow or other accumulations thereon, which under this article
are assessable upon the land affected or improved thereby, the Board
shall serve a notice of at least 10 days upon the owner or occupant
of such property, stating that such expenditure has been made, its
purpose and amount and that at a specified time and place it will
meet to make an assessment of the expenditure upon such land. The
Board shall meet at the time and place in such notice specified. It
shall hear and determine all objections that may be made to such assessment,
including the amount thereof, and shall assess upon the land the amount
which it may deem just and reasonable, not exceeding in case of default
the amount stated in the notice. If the amount so assessed be not
paid within 30 days after such assessment, an action to recover the
amount may be maintained by the Village against the owner or occupant
liable therefor or a special warrant may be issued by the Board of
Trustees for the collection of such assessment or the amount thereof
may be included in the next annual tax levy.
The Board of Trustees is hereby authorized and
empowered to macadamize, pave or repave any street, avenue or highway
in said Village and may, by resolution, determine to pave or repave
any such street, avenue or highway. The Board of Trustees is further
authorized and empowered to cause to be macadamized or paved any street,
avenue or highway in said Village in conjunction with the County of
Westchester or the State of New York in pursuance of the provisions
of the Highway Law. Said Board of Trustees is hereby authorized and
empowered to make such changes in the grade of such streets, avenues
or highways and construct any drain or culvert that may be necessary
for the proper macadamizing or paving of such streets, avenues or
highways and the cost of any such change of grade and the construction
of any such drain or culvert and any damages occasioned thereby upon
the lines of such streets, avenues or highways or any property abutting
thereon shall be considered as part of the cost of such macadamizing
or paving.
[Amended 8-3-1999 by L.L. No. 1-1999]
The Board of Trustees, in addition to the power
vested in said Board by the last preceding section of said act, is
hereby authorized and empowered, upon a petition signed by a majority
of the owners of property fronting on any streets, avenues or highways
in said Village, to macadamize or pave such streets, avenues or highways,
and, for that purpose, said Board of Trustees is hereby authorized
and empowered to change or regulate the grade of such streets, avenues
or highways as may be necessary for the proper macadamizing or paving.
Such change of grade, or any damages occasioned thereby on the line
of said streets, avenues or highways, or to any property abutting
thereon, shall be considered as part of the cost of such macadamizing
or paving.
Whenever said Board of Trustees shall macadamize or pave any street, avenue or highway in said Village or cause any street, avenue or highway in said Village, to be paved in conjunction with the County of Westchester of the State of New York under the authority granted in §§ C5-24 and C5-25 of this Charter, 2/3 of the cost and expense thereof shall be paid by said Village at large, and the remaining 1/3 of the cost shall be paid for by the owners of property benefited in proportion to such benefit; except that if such macadamizing or paving shall have been done in pursuance of § C5-25, the 1/3 of the cost thereof not borne by the Village shall be paid for by the owners of property abutting upon such street, avenue or highway in proportion to the benefit; provided, however, that the Board of Trustees may determine, by resolution, that the cost of repaving the streets, avenues or highways shall be wholly paid for by said Village at large.
Prior to contracting for any work, a plan and
accurate specifications of the work proposed to be constructed must
be prepared and placed in the office of the Village Clerk for public
inspection. The Board of Trustees shall then fix a district of assessment
of the property in the judgment of said Board benefited by said macadamizing
or paving, and beyond which district the assessment for 1/3 of such
cost of macadamizing or paving shall not extend, and shall then cause
to be published in the official newspapers, a notice that on a day
therein to be named, at least two weeks from the first publication
thereof, it will act in relation to the work proposed to be constructed,
and in the meantime, sealed proposals for constructing the work will
be received by the Village Clerk. Upon the day mentioned in the notice,
or upon such subsequent day as said Board of Trustees shall adjourn
to for that purpose, the Mayor of the Village, or in his or her absence,
the presiding officer shall in, the presence of the Board of Trustees,
open such proposals. No proposals shall be considered unless accompanied
by a certified check for 10% of the amount of the bid, payable to
the Village of Ossining, with a statement, in writing, signed by the
person, firm, corporation or persons making such bid, to the effect
that, if the bid is accepted, they will furnish and deliver to the
Village a bond of a surety company in a penalty to be fixed by the
Board of Trustees, conditioned for the construction of the work at
the price and upon the terms proposed within such reasonable time
as the Board of Trustees shall limit and subject to supervision and
approval of said Board of Trustees. Said Board may, by a vote of the
majority of all its members, to be ascertained by taking and recording
the ayes and nays, direct the construction of the proposed work and
accept the most favorable bidder; provided, however, that if any street,
avenue or highway in said Village shall be macadamized or paved in
conjunction with the County of Westchester and the State of New York,
the foregoing provisions to this section shall not apply.
[Amended 8-3-1999 by L.L. No. 1-1999]
Upon the completion of such macadamizing or
paving, the Board of Trustees shall make a report, in writing, of
the assessment for 1/3 of the cost of said macadamizing or paving
upon the different parcels of land affected thereby and deposit the
same with the Village Clerk and cause to be published in the official
newspapers, once in each week, for two successive weeks, a notice
that the report has been completed and so deposited and that they
will meet at a time and place therein to be specified not less than
10 days from the first publication of said notice, to review their
report. At such time and place, the parties interested can be heard,
and thereafter said Trustees shall review the report, correct the
same when necessary, and file it with the Village Clerk with all the
objections, in writing, which have been left with them by the parties
interested. And upon the filing of such report, the amount of the
cost of said improvement as fixed by said Trustees in said report,
shall be a first lien upon the various parcels of land described in
said report, and said amount shall be collected and the lien enforced
in the same manner as is provided for the collecting of taxes in said
Village.[1]
[1]
Editor's Note: Former Sec. 110, Street railways
not exempt, which immediately followed this section, was deleted 8-3-1999
by L.L. No. 1-1999.
[Amended 3-20-1984 by L.L. No. 3-1984]
The Board of Trustees may order the laying or
relaying of curbs and the gutters and the construction of such drains,
as may be deemed necessary, on such streets, avenues or highways as
they shall determine to macadamize or pave, of such character and
material as the Board by resolution may determine, and the cost thereof
shall be considered as part of the cost of said macadamizing or paving,
and such curbing, guttering and drains may be included in any contract
let by the Board of Trustees for the macadamizing or paving of any
streets, avenue or highway; provided, however, that the entire cost
of relaying existing concrete, slate or granite curbing which has
not been damaged by any owner or occupant of the property benefited,
which is installed on or after January 1, 1984, shall be a Village
charge and shall not be apportioned.
Assessments for 1/3 of the cost of macadamizing
or paving, upon the different parcels of land affected thereby may
be reviewed in like manner as is provided for by this Charter for
the review of sewer assessments.
Whenever it shall be necessary to acquire private
lands for the purpose of securing and constructing drainage or sewerage
for any portion of the Village, the Trustees are hereby empowered
to acquire the same in like manner, and by like proceedings as are
provided for by this Charter or by general statute for the laying
out of public and private roads and of the alteration and discontinuance
thereof, but the taking of any private property for sewerage purposes
shall not exempt the owners of adjacent lands from assessments for
the benefits deemed to have accrued by the construction of any such
sewers, and all damages to be paid for the taking of such private
property shall be added to the cost of making and laying such sewer.
[Amended 3-20-1984 by L.L. No. 3-1984]
A.
Any owner or occupant of any lot bounding on or abutting
any of the streets in said Village shall construct, relay and keep
in repair the sidewalks and curbstones opposite their respective lots,
in such time and manner, and of such materials as the Trustees may,
by a bylaw, resolution or local law for that purpose direct, the grade
of said sidewalk and the setting of said curbstone to be done under
the directions of said Trustees, and it shall also be the duty of
the owner, occupant or other person in possession of any land bounding
or abutting on any street, sidewalk or other public place in said
Village to fence, protect, excavate, drain or fill the same within
such time and in such manner and of such materials as said Trustees
may by resolution direct and under their supervision whenever deemed
necessary for the protection, safety and health of the public.
B.
If the owner or occupant of any lot bounding on or
abutting any of the streets of said Village fails to construct, relay
or repair the sidewalk or curbstone as required by any bylaw, resolution
or local law, the Board of Trustees may cause the same to be constructed
or repaired and shall assess the cost thereof upon the adjoining land,
which shall be levied and collected in the manner provided by § C5-23
of this Charter hereby amended, or with interest in five equal installments,
one each year for the succeeding five years in the annual tax levies
for such years; provided, however, that the entire cost of relaying
or repairing existing concrete, slate or granite curbstones which
have not been damaged by any owner or occupant of any lot bounding
on or abutting such curbstones which are installed on or after January
1, 1984, shall be a Village charge and shall not be apportioned.
[Amended 6-20-1978 by L.L. No. 9-1978]
Whenever any part of the cost of macadamizing,
paving or otherwise improving any street, avenue or highway shall
be borne or paid by property benefited by the provisions of this Charter,
and which shall have been levied in the manner provided in § C5-23
of this Charter, the amount of the assessment so levied and assessed
may be paid in one payment by the owner of the premises or property
upon which such assessment is levied, or the amount of said assessment
may be paid in five equal installments, one in each year of the succeeding
five years, together with interest on the amount of such assessment,
or of any unpaid installments thereof, which installments shall be
levied with and included in the annual tax levies for such year. Such
assessments, or unpaid installments thereof, shall bear interest from
the date of the confirmation thereof.
