[Amended 5-13-1980 by L.L. No. 1-1980; 3-14-1989 by L.L. No. 6-1989; 9-22-1992 by L.L. No. 7-1992; 3-9-2004 by L.L. No. 1-2004]
No person shall lower any curb or change the
grade of any sidewalk for the purpose of providing vehicular access
across such curb or sidewalk without first securing a written permit
from the Village Engineer and complying with the following requirements:
A. Application shall be made, in writing, by the owner
of record of the abutting premises to the Village Engineer. Such application
shall set forth the points at which such vehicular access shall begin
and end in relation to curb- and property lines and the materials
of which it shall be constructed.
B. The Village Engineer shall not grant a permit to lower
any curb or change the grade of any sidewalk for the purpose of providing
vehicular access across such curb or sidewalk when, in his opinion,
the actual or intended use of such vehicular access would endanger
pedestrians or traffic.
C. Prior to the granting of any such permit, the Village
Engineer shall charge a fee and shall exact a cash deposit per linear
foot of the width of the proposed curb cut, which deposit shall be
refunded upon completion of the curb cut to the satisfaction of the
Village Engineer. The Village Engineer shall charge a fee for the
inspection of the completed curb cut and may make such rules for the
proper care and cleaning of such curb cut as he deems advisable. All
fees pursuant to this section shall be fixed upon resolution of the
Board of Trustees.
D. No such permit shall be issued until the applicant
shall furnish the Village insurance, in a form satisfactory to the
Village Attorney, with limits of not less than $1,000,000 for any
one person and not less than $3,000,000 for any one accident for personal
injury and not less than $100,000 for any one accident and $500,000
in the aggregate for property damage, insuring the Village, its officers,
employees and agents against any liability or personal injury or property
damage, directly or indirectly resulting from or arising out of the
granting of any such permit or the making of such curb cut or the
method and manner of doing any work permitted or required by any such
permit or under this section or any negligent act or omission in connection
therewith on the part of the permittee, his employees or agents.
E. Every such curb cut shall be constructed under the
supervision and subject to the direction of the Village Engineer and
on condition that, upon failure to comply with the terms of the permit,
the Village Engineer may revoke the permit and cause the curb and
sidewalk to be restored to their original condition at the expense
of the owner of record of the abutting premises.
F. Should the use of the curb cut, in the opinion of
the Village Engineer, be or become dangerous to pedestrians or traffic,
the Village Engineer shall mail a written notice to the owner of record
of the abutting premises to discontinue use of such curb cut and to
restore such curb and sidewalk to the original condition within 10
days of the mailing of the notice, and such owner shall comply with
such notice within 10 days. If such owner shall fail to so comply
with such notice, the Village Engineer may revoke the permit and cause
the curb and sidewalk to be restored to their original condition at
the expense of the owner of record of the premises.
G. In case any part of a curb cut shall not be paved,
repaved or repaired according to reasonable requirements of the Village
Engineer, the Village Engineer shall mail a written notice to the
owner of the abutting premises directing that the same be so paved,
repaved or repaired, as the case may be. Such owner shall comply with
such notice within 10 days. If said owner fails to comply with such
notice, the Village Engineer may cause the curb cut to be paved, repaved
or repaired, as the case may be, at the expense of such owner.
H. The owner of a lot may appeal from any decision of
the Village Engineer. The appellant shall apply to the Planning Board
within 60 days after the decision to deny a curb cut permit, with
an information copy to the Village Engineer. This appeal shall include
a statement of guaranty that all expenses for any required opinion
obtained from an independent consulting traffic engineer shall be
paid by the appellant and shall be accompanied by a fee as set by
resolution of the Board of Trustees.
I. The Planning Board may grant a waiver from the decision
of the Village Engineer. In making its decisions, the Planning Board
must find that the result will, in its judgment, not be in conflict
with the public health, welfare and, in particular, with considerations
of traffic safety and may attach appropriate conditions and safeguards
to such waiver.
J. The Village Engineer is authorized to promulgate standards
and guidelines for the construction and maintenance of driveways.
Such standards and guidelines shall be filed with the Board of Trustees
upon promulgation.