[Adopted 6-12-1951 by G.O. No. 32-1951; amended 6-22-1971 by G.O. No. 19-1971]
It shall be unlawful to cut or lower any curb or change the
grade of any sidewalk, for the purpose of providing a driveway across
such sidewalk, except upon complying with the conditions herein contained
and upon being granted a permit by the City Engineer.
Application for a permit shall be made in writing by the owner
of the abutting premises to the City Engineer. Such application shall
set forth the points at which such driveway shall begin and end, as
measured from the building line of the first street intersecting such
curb or sidewalk.
[Amended 3-10-2015 by L.L. No. 3-2015]
A.
The City Engineer, upon the filing of any such application, shall
cause an inspection to be made of the premises and shall thereafter
determine the distance or length along any street, avenue or highway
in which the curb may be cut or lowered and/or the grade of the sidewalk
may be changed and the point or points, location or locations in such
curb or sidewalk at which such alteration may be made; provided, however,
that permission shall not be granted to cut or lower a curb or to
change the grade of a sidewalk for a distance or length along any
street, avenue or highway of more than 30 feet nor within 10 feet
of any other section of the curb on any street, avenue or highway
that has been or is to be cut or lowered, nor shall permission be
granted to cut or lower a curb or to change the grade of a sidewalk
at the corner or intersection of streets, avenues or highways between
lines extended from lines of property situate at any such corner or
intersection. No curb cut will be granted unless permitted by the
City Engineer based upon engineering principles and for the benefit
of the City of Yonkers.
B.
The City Engineer, on 10 days' written notice to the City Council,
may waive or grant exceptions or modifications to the dimensions required
in this section, based on consideration of expected turnover, nature
of occupancy, volume and pattern of traffic circulation, vehicle size,
angle of parking, nature of structure and accepted engineering practice.
Such notice must be given at least 10 days before the approval takes
effect. If any member of the City Council objects to the exception
or modification, then the matter is referred to the City Council as
a whole for review and the permit should be granted, denied or modified
within 20 days from receipt.
In consideration of the granting of such permit, the City Engineer
shall charge a fee per linear foot of curb cut to cover all expenses
in connection with the inspection of the alteration of the sidewalk
and its ultimate restoration to original grade. Such fee shall be
in an amount fixed by the City Engineer with the approval of the Mayor,
and it shall be effective 48 hours after notice of it shall have been
posted in the City Clerk's office.
Every such driveway shall be constructed under the supervision
and subject to the direction of the City Engineer and on condition
that, upon failure to comply with all the terms of the permit, the
privilege may be revoked and the sidewalk restored to its original
grade at the expense of the person to whom the permit was granted
or his successor in title to the abutting property.
[Amended 3-10-2015 by L.L. No. 3-2015]
Should the vehicular or other uses of such driveway, in the
opinion of the City Engineer, be or become dangerous to pedestrians,
said Engineer shall give notice, in writing, to the owner of record
of the abutting premises to discontinue such use of such driveway
and to restore, within 10 days, such curb and sidewalk to their original
or proper condition or, if conditions warrant, the City Engineer may
order a change in the size of the existing driveway to alleviate or
prevent a dangerous condition.
The City Engineer shall refuse a permit to lower any curb or
to change the grade of any sidewalk when, in his opinion, the actual
or intended use of such driveway would endanger pedestrians.
All private driveways crossing sidewalks shall be paved with
concrete or other approved materials.
In case of failure to properly maintain any part of a private driveway that shall not be paved, repaved or repaired according to the provisions of § 103-21 of this article, the City Engineer may order, in writing, that such work be done within the time mentioned in the order. At the expiration of such time, the work may be done under the direction of the City Engineer, and the expenses thereof shall be a lien upon the lot fronting thereon.
