[Adopted 7-13-1992 by L.L. No. 3-1992]
As used in this chapter, 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.
- PRIVATE STREET
- A street which has not been officially accepted as a public street by the Village of Coxsackie, including, without limitation, streets which have been offered for dedication, but which have not been accepted.
- The term "street" also includes a highway, road, avenue, lane or alley serving two or more residences, business, properties or any combination thereof as a means of vehicular access, provided the term shall not cover a highway, road, avenue, lane or alley used for private use and which does not act to connect two or more other highways, roads, avenues, lanes or alleys used by the general public 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 streets. 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 and defects in the pavement. The Board of Trustees may, from time to time, adopt by resolution specific technical standards the Board determines necessary to assure compliance with this article.
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, consistent with requirements mandated by the Planning Board. The streetlighting shall conform with configuration approved by the Planning Board.
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.
Should an owner default in its 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, cost of administration and legal expenses to collect such costs. For purposes of this article, "default" shall mean the failure of the owner to provide 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, the failure of the owner to provide such services within 12 hours of the cessation of snow fall, the creation of the hazard or from any form of reasonable notice given by the Village.
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 the Village Law § 4-414.
Violation of the provisions of this article shall be punishable by fines not exceeding $250 for each violation. Each week or part thereof a violation continues shall be deemed a separate violation.
A default by the owner in providing services required by this article shall render such owner liable to the Village for civil fine not exceeding $250 for each breach of duty. Each week or part thereof 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 owner or transferees shall be jointly and severally liable for any breach of duty hereunder unless the Board of Trustees, by resolution, approves 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 costs, 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 any applicable local or state 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.