[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.
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.
A.
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.
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
the Village Law § 4-414.
C.
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.
D.
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.
