[Adopted 12-1-1986 by L.L. No. 7-1986]
As used in this article, the following terms
shall have the meanings indicated:
Includes, without limitation, the terms "subdivider" and
"developer."
Includes a macadam, asphalt, brick, concrete or other improved
roadbed.
A street which has not been officially accepted as a public
street by the Village Board of Trustees, including, without limitation,
streets which have been offered for dedication but which have not
been accepted.
Includes a highway, road, avenue, lane or alley 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
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 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 duty of keeping such streets safe and open
for travel.
Owners of private streets shall have the duty
of keeping such streets in a proper condition of repair. Private streets
shall be kept free of potholes, cracks and defects in the pavement.
The Board of Trustees may, from time to time, adopt by resolution
such specific technical standards as the Board determines necessary
to assure compliance with this section.
It shall be the duty of the owner of a private
street to provide proper illumination of said street between the hours
of sunset and sunrise, prevailing time. The streetlighting shall conform
to a configuration approved by the Planning Board.
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. No building located upon such private
street shall be occupied nor shall any certificate of occupancy be
granted unless provision for services pursuant to this article has
been provided, including, without limitation, streetlighting on such
private street.
The Planning Board, in approving a subdivision
or site plan creating any private street, whether or not such street
is to be offered for dedication to the Village, shall provide for
the provision of security from the owner to assure compliance with
this article. This security shall be in addition to such other security
for performance which may be allowed or required by law.
A.
Should an owner default in his duties pursuant to
this article, the Village may undertake to do the necessary acts or
provide the necessary services required by this article. The Village
shall be entitled to recover its costs and expenses in providing the
services, including, without limitation, the cost of administration
and legal expenses to collect such costs. For the purposes of this
section, "default" shall mean the failure of the owner to provide
the specified services within 10 business days of the Village's mailing
of notice of default by certified mail, except with respect to snow
and ice control, where it shall mean the failure of the owner to provide
such services within 12 hours of the cessation of snowfall or the
creation of the hazard or from any form of reasonable notice given
by the Village.
B.
In the alternative, the Village may assess the cost
of providing such services, including without limitation, administrative
and legal expenses against the owner's property in accordance with
Village Law § 4-414.
C.
Violation of the provisions of this article shall
be punishable by a fine not exceeding $250 for each violation. Each
week or part thereof that a violation continues shall be deemed a
separate violation.
D.
A default by the owner in providing the services required
by this article shall render such owner liable to the Village for
a civil fine not exceeding $250 for each breach of duty. Each week
or part thereof that a breach continues shall be deemed a separate
breach.
This Article shall not prevent the sale or transfer
of a private street. However, the owner and any subsequent owners
or transferees shall be jointly and severally liable for any breach
of duty hereunder unless the Board of Trustees, by resolution, approved
the assumption of such duties by the transferee.
The undertaking of the Village to provide services
required by this article upon default of the owner shall not relieve
the owner of the duty to provide such services. The owner shall, to
the fullest extent allowed by law, indemnify the Village with respect
to cost, claims or damages arising from the owner's breach of duty
hereunder. The failure or omission by the Village to undertake to
provide the required services upon the default of the owner shall
not create any liability attributable to the Village. With respect
to any dangerous conditions for which the Village may be liable, it
shall be entitled to receive notice of defect in accordance with the
Village's local law. Any duty on the part of the Village pursuant
to this article is a general duty of the Village. No person is authorized
to create or imply or to assume or infer a special duty by the Village.
