[Adopted 10-18-1984 by L.L. No. 6-1984 as Ch. VIII of the 1984 Code]
[Added 1-4-1996 by L.L.
No. 1-1996]
As used in this Article, the following terms
shall have the meanings indicated:
A street.
That portion of a roadway at an intersection of streets included
within the connections of the lateral lines of the sidewalks on opposite
sides of the street and also any portion of the roadway distinctly
indicated for pedestrian crossing.
Lateral lines of the roadway or pavement designed for vehicular
traffic.
That portion of a street open to use of the public for vehicular
travel.
That portion of a street between the curb or lateral lines
of a roadway and the adjacent property lines, intended for the use
of pedestrians.
The entire width between the boundary lines of every public
way when any part is open to use of the public for vehicular traffic.
A.
No person, unless he or she is acting under a contract
with the village or unless he or she is a duly authorized village
officer or employee acting in the course of his or her duties, shall
make or cause or permit to be made any excavation or opening of any
kind upon or under any street or public way in the village without
first having obtained and having in full force and effect a permit
to do so as provided in this section.
B.
A person desiring a permit required by this section
shall file with the Superintendent of Public Works a written application
containing the name and address of the applicant, the exact location
where it is desired to make the excavation or opening, the name and
address of the person for whom the work is to be performed, the estimated
time required to perform the work, any sketch or tracing showing the
location, character and dimensions of the proposed excavation or opening
as the Superintendent may require and an agreement of the applicant
to indemnify the village against loss or damage by reason of the work
to be performed, with proof of insurance for which indemnification
in such amount as the Superintendent shall require.
C.
The Superintendent of Public Works, upon receipt of
an application, may issue a permit authorizing the applicant to make
or cause or permit to be made the excavation or opening, which permit
shall not be for a period longer than 10 days but, upon application,
may be extended for such additional time as may be reasonably necessary
to complete the work for which such excavation or opening is made,
and the Superintendent may direct the manner in which the work shall
be performed, require a safe and convenient passageway for pedestrians
and erection and maintenance of proper barricades, signs, lights and
devices to secure the public safety and may, for cause, cancel, rescind
or alter any permit.
D.
The person to whom a permit is issued under this section,
upon completion of the purpose for which such excavation or opening
is made and within the period of time specified in such permit or
any extension thereof, shall cause the area disturbed by such excavation
or opening to be restored in all aspects to its condition prior to
such excavation or opening as shall be approved by the Superintendent
of Public Works, and such person to whom the permit was issued shall
be responsible for the condition of the area disturbed by such excavation
or opening for a period of two years if the area disturbed shall have
been five feet or less in depth and for a period of five years if
the area disturbed shall have been more than five feet in depth.
A.
No curb shall be cut nor any driveway ramp constructed
or maintained for ingress or egress from private property on to a
public street or other public place, except under a contract with
the village or by a duly authorized village officer or employee acting
in the course of his or her duties, without a permit issued by the
Superintendent of Public Works upon written application containing
the name and address of the applicant, the location of the driveway
and any required curb cut, the width and slope of the ramp from the
pavement elevation to the sidewalk area elevation and the name of
the person for whom the proposed driveway is to be constructed if
not the applicant.
B.
A permit may be issued by the Superintendent of Public
Works when the work proposed to be done conforms to the following
standards:
(1)
There shall be no more than two driveways on any single
frontage of any residential lot.
(2)
No curb may be lowered except in compliance with Chapter 220, Zoning.
[Amended 1-4-1996 by L.L.
No. 1-1996]
(3)
Between curb cuts or driveway ramps for the same lot
there must be at least 22 feet.
(4)
On a corner lot, no curb shall be lowered or a driveway
ramp constructed or maintained within 20 feet of the street intersection
or, in the case of a lot line curved at the corner, within 20 feet
of the center of such curve.
(5)
The grade of the ramp within the street shall be subject
to approval of the Superintendent of Public Works.
(6)
The curb shall not be cut lower than one and one-half
(11/2) inches above the pavement.
(7)
Where the driveway is intended for a retail gasoline
station, there shall be a curb constructed and maintained at least
six inches high on the lot at the street line beginning three feet
from the curb cut or ramp.
(8)
No curb shall be lowered nor a driveway ramp constructed
which shall be in any way dangerous or hazardous to pedestrians or
vehicle traffic.
C.
The Board of Trustees shall have the power to vary
or modify the provisions of this section where there are practical
difficulties or unnecessary hardship in carrying out the provisions
of this section.
D.
Each day a violation of this section continues shall
constitute a separate offense.
No person shall move any dwelling, house, barn,
garage or other building or structure in, upon or over any public
street except by written permission of the Superintendent of Public
Works and pursuant to state and federal statutes.
[Amended 12-5-2000 by L.L. No. 5-2000]
A.
No person shall hereafter erect or maintain or cause
to be erected or maintained any structure or other fixture or place
any encumbrance or encroachment upon, in, under or over any public
street, alley, park or place except as shall otherwise be provided.
B.
No person shall neglect or refuse to remove any structure
or other fixture, encumbrance or encroachment owned by him or her
upon, in, under or over any public street, alley, park or place after
notice to remove such be given by the Code Enforcement Officer or
such other person as the Board of Trustees shall designate stating
the time within which such removal shall be completed and served personally
on the owner or by leaving at his or her residence or usual place
of business within the village and, if not within the village, by
mailing in a postpaid wrapper addressed to such owner at his or her
last known residence or place of business.
C.
Any structure or other fixture, encumbrance or encroachment
upon, in, over or under any public street, alley, park or place may
be removed by the village, and the owner thereof shall be liable for
the expense thereof, and if the owner shall neglect or refuse to pay
such expense within 30 days after presented by the village to the
owner, the village may bring action to recover therefor, and the amount
of such expense may be assessed against the property of the owner
to be collected as any other village levy on real property.
No person shall block, plug, obstruct or interfere
with any public drain, sewer, dry well, ditch or gutter.
No person shall throw, place or deposit any
dirt, garbage, paper, leaves, litter, oil, gasoline or any other substance
upon any street or alley, except saline crystals or similar product
designed to melt ice or snow upon sidewalks and driveways, nor throw,
place or deposit ice and snow upon the pavement or sidewalk or any
street or alley.
No person shall allow any drain or slops of
any kind of filth to run from his or her lot or from a lot in his
or her possession onto any other lot or into any street.
No fence made of barbed-wire or of which barbed-wire
is a part shall be constructed or maintained within the village upon
or along the line of any public street or place or places where it
may cause injury to persons.
No person shall erect upon any public street
any pole, post, bracket, sign or similar structure or string any wires
except by permission of the Board of Trustees or its duly authorized
agent.
No person shall set out or plant within the
street boundaries of any street, highway or public place any tree
or trees known as "poplar" or set out or plant any kind of shrubs
or trees whose roots are liable to cause damage to sewers, water pipes,
sidewalks, curbs or pavement nor shall any person, owner or occupant
of premises permit or allow the roots of any trees or shrubs to grow
or develop to such an extent as may cause damage to sewers, water
pipes, sidewalks or pavements.
[Amended 1-4-1996 by L.L.
No. 1-1996]
The owner of property shall trim all trees,
bushes and shrubs on his or her property so that no part thereof shall
extend over the sidewalk in any street or alley at a height of less
than eight feet and shall trim all trees, bushes and shrubs within
30 feet of a street or alley intersection so that no part of a tree
branch shall be less than six feet above the highest level of the
street or alley and so no part of any bush or shrub shall be higher
than 36 inches above the highest level of the street or alley.
Whenever any sidewalk in front of any premises
shall, in the judgment of the Code Enforcement Officer, require repairs,
the Code Enforcement Officer shall notify the owner or agent of such
property that he or she must repair said walk.[1]
[1]
Editor's Note: Original Sec. 2.5, Obstructing
street and passageway, which followed this section, was repealed 1-4-1996
by L.L. No. 1-1996. For current provisions, see now Ch. 186, Skateboards.
No person shall keep, store, house, transport,
move, carry or use any gunpowder, dynamite or other explosive through
or within the village except in compliance with the laws of the United
States, the State of New York and local laws of the Village of Elmira
Heights.
No person shall throw or cast any stone or other
missile or thing in, from or to any street, lane, alley, park, public
place or enclosed grounds.[1]
[1]
Editor's Note: Original Sec. 2.5, Obstructing
street and passageway, which followed this section, was repealed 1-4-1996
by L.L. No. 1-1996. For current provisions, see now Ch. 186, Skateboards.
