[Adopted 10-15-1962 as Ch. I of the Revised General Ordinances, as amended through 8-4-1975]
A. 
No opening or excavation shall be made in the streets or highways of the Village without a permit from the Village. Application for such permit must be made in writing.
[Amended 4-4-1977 by L.L. No. 4-1977]
B. 
Service charges, as set forth from time to time by resolution of the Board of Trustees, shall be paid before the issuance of the permit required under this section in order to cover the cost of the reconstruction and repair of the highway or street surface by the Village. The area of the opening shall be considered as extending 1/2 foot on all sides beyond the edges of the opening or excavation in the highway surface.
[Amended 4-4-1977 by L.L. No. 4-1977; 9-14-1987 by L.L. No. 4-1987]
C. 
The backfill in the opening shall be placed and flushed with water, unless otherwise permitted, and shall extend to the surface of the existing pavement or road surface.
D. 
No opening or excavation shall be made in the streets or highways of the Village until the applicant for the permit required under this section or his employer has given the Village a certificate of insurance in compliance with the Permit Insurance Requirements, which may be amended by the Village Board from time to time as it deems necessary.[1]
[Amended 9-14-1987 by L.L. No. 4-1987]
[1]
Editor's Note: The Permit Insurance Requirements are on file in the office of the Village Clerk.
E. 
There shall be a street opening permit, including an inspection charge, for each separate opening in highways made under the provisions of this section, and the fee paid shall cover inspection and restoration as set forth in § 245-6.
[Amended 9-14-1987 by L.L. No. 4-1987]
F. 
The provisions of Subsection B of this section shall not apply to excavations or openings in the streets or highways of the Village made by any public service utility serving the Village. The charge for such openings or excavations made by such public utilities shall be fixed by the Village Engineer in each case, but shall not exceed the cost of restoring the street or highway. A public utility may furnish a bond and cause the surfaces to be restored by its own agents, provided that the work is satisfactory to the Village Engineer.
[Amended 9-14-1987 by L.L. No. 4-1987]
G. 
All permits required by this section shall be issued by the Building Inspector, and all fees payable are payable to the Village Treasurer.
H. 
All work provided for under this section shall be performed under the inspection and subject to the approval of the Village Engineer.
I. 
All permits issued under this section are subject to modification, suspension or revocation by the Village Engineer for noncompliance with the provisions of this section or any part thereof.
[Amended 9-14-1987 by L.L. No. 4-1987]
All openings in highways shall be properly guarded and shall, between sundown and sunrise, be plainly lighted with flashing amber lights. Parties opening streets shall furnish their nighttime telephone number to the desk officer in the Larchmont Police Department and to the Engineer's office.
[Amended 9-14-1987 by L.L. No. 4-1987]
When the work is not done by the Village workmen, every applicant obtaining a permit to open a highway shall be solely responsible for the protection and functioning of all drains, sewers, basins, gas and water pipes, telephone and electric wires and conduits and shall install and maintain in a smooth and stable condition a temporary asphalt surface for a period of 30 days on the top of said backfilled trench.
[Amended 9-14-1987 by L.L. No. 4-1987]
The surface of the highway opened shall be restored by Village forces or agents of the Village. The cost of such work shall be paid by the party performing the street opening at a price per square foot in accordance with a Schedule of Prices for Street Opening Permits that may be established and amended by the Village Board from time to time as it may deem necessary.
No person shall deposit any article, material or refuse or in any manner obstruct a highway or any part thereof except as set forth in § 245-17.
No fluid, except from rain or snow, shall be permitted to run from private premises upon any highway.[1]
[1]
Editor's Note: Former Sec. 107A, Fences, Retaining Walls, etc., Limitation of Height, which immediately followed this section, was deleted 9-14-1987 by L.L. No. 4-1987.
No vehicle or animal or pushcart, baby carriage or other device moved by human power shall stop or stay on any crosswalk.
No person shall, without a permit, remove from any highway any tree, shrub, plant, earth, sod, stone or any other property or material belonging to or under the supervision or control of the Village.
Snow shall be removed, by the owner, lessee, occupant or person having charge or control of the abutting premises, from all sidewalks or continuations thereof, whether flagged, concreted or otherwise laid or unlaid, so as to leave a free, continuous passageway for a width of at least three feet, within 24 hours of the time it shall cease to fall. Upon the failure of the party or parties responsible so to do, the Village may cause the same to be removed and the cost thereof assessed against the abutting property.
[Amended 9-14-1987 by L.L. No. 4-1987]
No vehicle shall be driven across any sidewalk, except at a graded crossing now existing, unless approval is obtained from the Village Engineer.
A. 
Construction. Any property owner, after applying for and receiving a permit, may construct a sidewalk or curb on Village property or may build a drain from any structure, enclosure or lot of ground at his own expense. Before the owner may proceed with the work, the Engineer shall establish proper grades, and the same shall be followed in laying such sidewalk, curb or drain. The width, materials and construction of such sidewalks, curbs and drains shall fully conform to standard specifications for such work, all of which shall be prescribed by the Board and kept on file in the office of the Clerk.
B. 
Boardwalks. No board- or plank walks shall be constructed or laid down in any street unless a permit so to do has been issued.
C. 
Interference with sidewalks. No sidewalks or any part thereof shall be taken up, in whole or in part, for any purpose whatsoever unless a permit so to do has been issued. The provisions of this section apply to the making of necessary repairs to any sidewalk and to the necessary resetting of any curb- or gutter stone or other material that may have become misplaced, broken, sunken or otherwise damaged or affected.
D. 
It shall be unlawful for articles for sale or display to remain on the public sidewalk at any time without a permit approved by the Board of Trustees. However, plants and flowers may be maintained on the public sidewalk immediately adjacent to a building without such permit, provided that the sidewalk area used for such planters shall be no more than three feet wide and one foot deep. [1]
[Added 1-24-1977 by L.L. No. 2-1977]
[1]
Editor's Note: Former Sec. 113, Refuse, which section immediately followed this section, was deleted 9-14-1987 by L.L. No. 4-1987.
E. 
Placement of tables and chairs on sidewalks: sidewalk cafes.
[Added 6-3-2002 by L.L. No. 3-2002; amended 3-15-2016 by L.L. No. 3-2016]
(1) 
General criteria.
(a) 
Sidewalk cafes. Tables and chairs will be permitted to be placed on public sidewalks in certain areas that meet the criteria set forth herein, but in no event will they be permitted in areas that are not zoned for retail use.
(b) 
Unless otherwise permitted by the Board of Trustees and/or the Code Enforcement Officer or designee, sidewalk cafe tables and chairs will only be permitted for service of food from the establishment to which they are adjacent to patrons of that establishment. They are not to be used for display of products, materials or signage. No outdoor music is permitted.
(c) 
Any permit granted for the use of public sidewalks for these purposes is issued on the applicant's express agreement that such permit is revocable at any time at will and without cause or explanation by the Board of Trustees.
(2) 
Definitions. As used in this article, the following terms shall have the meanings indicated:
SIDEWALK
Includes both public sidewalk and right-of-way.
SIDEWALK CAFE
An outdoor dining area located on a public sidewalk or right-of-way that contains readily removable furnishings, such as tables, chairs, umbrellas, railings, planters, waiter stations, etc.
(3) 
Application.
(a) 
The completed application (form available from Village Clerk) shall be submitted to the Village Clerk. A permit shall be issued upon compliance with all conditions set forth herein, including, but not limited to, approval of location by the Code Enforcement Officer or designee.
(b) 
The applicant must be the owner or operator of the business where the sidewalk cafe will be located. If a sidewalk cafe is located in front of adjacent storefronts, the applicant must receive permission from both the landlord and tenant of the adjacent storefronts in order to place furnishings on the sidewalks at those locations.
(c) 
The applicant shall give the name of the business applying for the sidewalk cafe permit, the name of the individual owner or employee of the business who will be responsible for the placement and removal of the furnishings, the phone number of the business and the address of the business.
(d) 
The application shall include an accurate photograph of the area of the proposed sidewalk cafe.
(e) 
The application shall include a plan, at a scale of 1/2 inch equals one foot, showing the proposed area of the sidewalk cafe, the location of all furnishings and the dimensions of the proposed sidewalk cafe area relative to the adjacent building, curb, trees, signs, trash bins, streetlights, fire hydrants, utility poles, benches, parking meters or any other obstacle to pedestrian passage.
(4) 
Location criteria.
(a) 
The free flow of pedestrian and vehicular traffic shall not be impeded or obstructed.
(b) 
All furnishings of the sidewalk cafe, such as waiter stations, must be placed within the permitted area.
(c) 
Chairs shall not be placed on the street side of the table.
(d) 
No sidewalk cafe will be permitted on any sidewalk that is less than six feet in dimension from the building to curb.
(e) 
There shall be a minimum distance of five feet from the area occupied by the sidewalk cafe to the curb free of all obstructions, such as trees, signs, trash bins, streetlights, fire hydrants, utility poles, benches and parking meters in order to allow for adequate and safe pedestrian movement.
(f) 
If permission is obtained from landlords and tenants of adjacent storefronts, furnishings from the applicant's establishment may be placed on the sidewalks in front of those establishments, provided that the furnishings meet all criteria outlined in these regulations and approval is obtained from the Code Enforcement Officer or designee.
(g) 
The actual site location of the sidewalk cafe shall be approved by the Village Code Enforcement Officer or designee. The Code Enforcement Officer or designee may, for reasons of public safety, determine that no sidewalk cafe may be placed in certain locations even if the other criteria set forth herein are met.
(5) 
Size and materials.
(a) 
No molded plastic chairs shall be permitted.
(b) 
The permit holder shall be responsible for assuring cleanliness and removal of trash and debris from the area. Such area must be cleaned regularly when in use and maintained in a clean condition, and receptacles must be provided for the disposition of cigarette materials.
(c) 
Umbrellas and railings may be used, provided they do not have advertising on them. They should be in solid colors, compatible with the storefront. The Code Enforcement Officer or designee will determine the permitted size, height, and clearance of the umbrellas. The Board of Architectural Review will determine a range of permitted colors on request of the Code Enforcement Officer or designee.
(d) 
Portable outdoor patio heaters are allowed, provided the appliance is listed or labeled by a recognized product testing lab, is operated according to manufacturer's specifications and is located and used so that it is not a hazard to sidewalk cafe patrons or pedestrians.
(6) 
Time when sidewalk cafes may operate.
(a) 
Sidewalk cafes are not permitted between the hours of 10:00 p.m. and 7:00 a.m., Sundays through Thursdays; and 11:00 p.m. and 7:00 a.m., Fridays and Saturdays. Furnishings may remain outside until the restaurant closes, but no one may sit at a table after the above hours.
(b) 
Furnishings may not be present on the public sidewalks after the establishment closes or any time when the establishment is not open for business.
(7) 
Permit fee; duration; other conditions.
(a) 
No permit shall be issued unless the required fee is paid in advance. If furnishings are placed in any location where they are not allowed under the terms of the permit and these regulations, the Village shall have the right to remove the furnishings, and a pickup fee will be assessed to the permit holder. The amount of said pickup fee will be as determined by the Board.
(b) 
Permits shall run for one year and expire on April 30 of each year.
(c) 
A permit shall be valid only during the year in which it is issued. New and renewal applications will be accepted beginning April 1, and a new fee paid. Renewal is not automatic and may depend on, among other things, the applicant's past performance under Village regulations, including these regulations.
(d) 
Permit fees shall be paid annually, and shall be as set by the Board of Trustees from time to time.
(e) 
At the time of application or renewal, the permit holder must supply the Village with an executed indemnity and hold harmless agreement in the form attached hereto, and an insurance certificate naming the Village as an additional insured in the amount of $1,000,000 on all policies of insurance covering third party liability and workers' compensation. Such policies must be maintained uninterrupted during the permit year, and contain a proviso prohibiting cancellation except on 30 days' prior written notice to the Village.
(f) 
The permit holder is responsible for any damage caused to any public property.
(8) 
Revocation. Terms and provisions set forth in Subsection E(1) through (7) above are deemed conditions of any permit issued under these regulations. Upon failure by a permit holder to comply in any respect, the Village Code Enforcement Officer or designee may revoke the permit. Revocation results in forfeiture of any fee paid.
(9) 
Modifications. The Village Board, by resolution and on a case-by-case basis, can modify or vary the requirements regarding sidewalk cafes provided in this § 245-13.
[Added 5-15-2017 by L.L. No. 5-2017]
[Amended 4-17-1978 by L.L. No. 2-1978; 10-15-2001 by L.L. No. 7-2001]
A. 
Vegetation at street corners shall be maintained by adjacent property owners so as to avoid creating traffic safety hazards.
B. 
Set forth below is the standard that should generally be followed.
(1) 
A landscape restricted sight distance triangle will be maintained at each corner of all street intersections. The triangle will have two legs, each running 20 feet back from the intersection along the pavement edge, measured from the point where the pavement edges of the two streets intersect. The third leg will connect the two twenty-foot legs.
(2) 
Vegetation (except tree trunks) that exists within any sight distance triangle between the heights of 30 inches and 60 inches above the elevation of the adjacent street pavement edge should be removed unless site-specific circumstances make such removal unnecessary for maintenance of traffic safety.
C. 
The Building Inspector shall have the authority to enforce this section and to determine whether vegetation creates a traffic safety hazard.
D. 
Any property owner may appeal the Building Inspector's determination to the Zoning Board of Appeals.[1] In determining whether to permit the vegetation to remain, the Zoning Board shall balance traffic safety, including pedestrian safety, considerations against the interests expressed by the applicant, taking into account the particular physical conditions at the intersection in question.[2]
[1]
Editor's Note: For provisions relating to the Zoning Board of Appeals see Ch. 381, Zoning, Art. X.
[2]
Editor's Note: Former Sec. 115, General Orderliness and Neatness of Private Property: Remove Rubbish, which section immediately followed this section, was deleted 9-14-1987 by L.L. No. 4-1987.
Every owner of land shall cut, trim and remove and properly dispose of all diseased trees, shrubbery and plants at his own expense, upon notification in writing from the Village to do so; in default thereof, the Village may do so and assess the expense thereof upon the land whereon the same are found. Five days' notice to such effect shall be given by the Village by mail to each landowner, addressed to his/her last known address, and no action shall be taken by the Village hereunder as against such owner until the expiration of at least five days after the mailing thereof.
No owner of land shall permit the same to be used for the purpose of parking cars or boats or the storage of building materials or other materials in Class A and B Residential Districts, as defined in the Zoning Ordinance of the Village of Larchmont.[1]
[1]
Editor's Note: See Ch. 381, Zoning.
No building material shall be placed upon any highway without a written permit. Such permit shall not be for a longer period than three months, nor authorize the obstruction of any sidewalk or gutter or of more than 1/3 of the roadway immediately opposite the lot upon which the building is to be erected and shall be revocable for cause by the Board. The holder of such permit shall so guard such materials with red lights at night as to avoid accidents. Upon revocation of such permit, all materials deposited thereunder shall be removed within 48 hours and the highway restored to its original condition.