[HISTORY: Adopted by the Board of Trustees of the Village
of Sands Point 11-22-2022 by L.L. No. 23-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 121,
Private Roads and Streets, Maintenance of, adopted 10-22-2013 by L.L. No.
2-2013, as amended.
A.Â
Title. This Chapter 121 of the Village Code of the Village of Sands Point shall be known as "Private Streets, Maintenance of."
B.Â
Legislative intent. Properly installed, improved, paved, repaired,
and maintained Private Streets which are passable and open to use
by the general public are declared to be of importance to the health
and safety of the inhabitants of this Village. The safeguarding of
the material rights of the public against unwarranted dangers and
hazards in said streets are deemed essential to the economy of the
Village and the general welfare of its inhabitants. Improperly installed,
improved, paved, repaired, or maintained Private Streets are detrimental
to the health, safety, and general welfare of the Village and can
create serious hazards increasing the risk of injuries to passengers
in motor vehicles, pedestrians, and personal property.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
The Superintendent of the Building Department, the Superintendent
of Public Works, a Code Enforcement Officer, or an employee of the
Village designated to enforce the provisions of this chapter.
The person(s) having record title to the real property on
which a Private Street is located.
A pathway on private property serving one home, paved or
unpaved, which extends from a portion of that private property and
leads directly to a curb-cut on an adjacent public street or Private
Street. This chapter is not intended to apply to Driveways.
Every road, lane, street, way, alley, or place which has
not been dedicated to the Village, is not shown on a filed subdivision
map or on the official Village map, and provides access to more than
one property. This chapter is not intended to apply to Private Roads.
Every road, lane, street, way, alley, or place which has
not been dedicated to the Village, but appears on a filed subdivision
map, or on the official Village map, and provides access to more than
one property.
A type of building permit issued by the Village that authorizes
the installation, improvement, paving, repair, or maintenance of any
Private Street.
That portion of the Private Streets ordinarily used for motor
vehicle traffic.
The Incorporated Village of Sands Point, including its duly
authorized representatives or administrative officials.
The Board of Trustees of the Village.
The local laws, ordinances, and certain resolutions of the
Village.
Every Owner of a Private Street within the Village shall be
required to maintain the Private Street as provided in this chapter.
A.Â
Potholes and pavement: It shall be unlawful for any Owner of a Private
Street to permit any of the following conditions to exist on a Private
Street:
B.Â
Dust and debris: It shall be unlawful for an Owner to permit the
Private Street to be in a condition where it is obstructed by any
debris or other material, including fallen trees, or whereby dust
is stirred up by motor vehicles during the normal use of the Private
Street creating a risk of impairing the vision of motorists using
the Private Street. Private Streets shall be swept periodically to
prevent the accumulation of dust, mud, and debris.
C.Â
Mud: It shall be unlawful for an Owner of a Private Street to permit
a condition to exist on a Private Street whereby the splashing of
mud during the normal use of the Private Street creates a risk of
impairing the vision of motorists using the Private Street or that
the mud creates a risk of motor vehicles becoming stuck.
D.Â
Grading and drainage: All Private Streets shall be crowned so that
the center of the Private Street is at least six inches higher than
either of the edges of the Roadway. It shall be unlawful for an Owner
to permit the Private Street to be in a condition whereby standing
water collects on the Private Street.
E.Â
Materials: All Private Streets shall be installed, improved, paved,
repaired, and maintained to Village specifications which, subject
to the further review of the Village, shall be in accordance with
NYSDOT generally accepted standards except as modified by the Village
upon the recommendation of the Street Enforcement Officer. The Owner
of a Private Street shall obtain a Street Permit from the Village
for all work to install, improve, pave, repair, or maintain same.
F.Â
Design: At the direction of the Village, all Private Streets may
be required to conform to the general design and construction specifications
of Public Streets in the Village, which may include, among other items,
Belgium Blocks along the curbs.
A.Â
A Street Enforcement Officer shall be the enforcement officer for
this chapter.
B.Â
Inspection; service of notice: The Street Enforcement Officer may,
from time-to-time, inspect all Private Streets within the Village.
When it is determined that a Private Street is not being improved,
paved, repaired, or maintained, or has not been installed, in accordance
with the provisions of this chapter, the Street Enforcement Officer
may serve a notice in writing either personally, by certified mail,
or via nationally recognized courier with proof of delivery, or by
nationally recognized courier, upon the Owner thereof demanding compliance
with this chapter.
C.Â
Contents of notice: Such notice shall specify the work to be performed
and establish a reasonable time to complete the work which in no event
shall exceed 30 days except when weather or other conditions, in the
sole judgment of the Village, make performance of the work impracticable.
A request for an extension of the time to perform the work may be
granted by the Street Enforcement Officer when appropriate. Such notice
shall also contain a requirement that the Owner shall, within 10 days
after receipt of the notice, advise the Street Enforcement Officer
in writing that the work will be performed within the time limit specified
or that a request for extension be made for good cause.
D.Â
Failure of Owner to comply: Upon the failure of the Owner of the Private Street to notify the Street Enforcement Officer or to perform the work within the designated time limit pursuant to subsection C of this section, the Street Enforcement Officer shall immediately make a written report thereof to the Village Board.
A.Â
Institution of proceedings. Whenever the Village Board shall determine
that a Private Street is not being installed, improved, paved, repaired,
or maintained as provided in this chapter, the Village Board shall
give notice to the Owner thereof by causing the Owner to be served
either personally, by certified mail, or via nationally recognized
courier with proof of delivery, with a notice of hearing not less
than 10 days after the date of service.
B.Â
Contents of notice: The notice shall contain the following information:
(1)Â
The date, time, and place of the public hearing before the Village
Board within the Village.
(2)Â
The condition of the Private Street which does not comply with the
standards of this chapter.
(3)Â
The proposed work that the Village intends to perform to make the
Private Street conform to the standards of this chapter.
(4)Â
An estimate of the total cost to perform such work, including costs
of service or publication; engineering, stenographic, and legal services;
the estimated cost of construction and materials; together with a
surcharge of 25% of the foregoing costs to reimburse the Village for
administering and supervising the work.
C.Â
Public hearing: At the time, date, and place of hearing, the Village
Board shall conduct the hearing and shall hear all interested persons.
The Village Board may adjourn or continue the hearing at any time
without giving further notice, except to announce the time, date,
and place of the adjourned or continued hearing at the close of the
scheduled hearing.
D.Â
Determination by the Village Board. As soon as practicable after
the hearing, the Village Board shall determine:
(1)Â
Whether or not the Private Street shall be installed, improved, paved,
repaired, or maintained, and the amount and type of work to be performed.
(2)Â
If the Private Street is to be installed, improved, paved, repaired,
or maintained, whether or not the Village shall perform the work by
contract or by Village employees and the estimated cost thereof.
(3)Â
The Owner of the Private Street responsible for such work and if
more than one, the proportionate share that each shall bear as may
be just and equitable in the Village Board's sole discretion
based on all applicable facts and circumstances including, but not
limited to, the number of Owners affected, the cost to repair or maintain
the Private Street, the assessed value of the Owners' properties,
whether an Owner does or does not have a curb cut on the Private Street,
and the street frontage of each Owner.
E.Â
Filing with Village Clerk. The determination of the Village Board
shall be filed with the Village Clerk, and a copy of such determination
shall be served either personally, by certified mail, or by nationally
recognized courier on the Owner responsible for such work or the costs
of the work.
F.Â
Emergency action. If, because of circumstances arising out of a fire,
flood, storm or other emergency, and in order to protect life or property,
the Village Board causes emergency action to be taken on a Private
Street, the cost of such improvement, repair, work, or act may be
assessed, levied, and collected as provided herein after such work
has been completed, without prior notice and hearing being given to
the Owner of such Private Street pursuant to this section.
A.Â
If the Village Board shall determine that work shall be performed
by the Village, it shall cause same to be done either by Village employees
or by contract.
B.Â
In case the work is to be performed by contract, it shall comply
with all the provisions of the General Municipal Law for the letting
of contracts, in particular, § 103 of the General Municipal
Law.
A.Â
Upon the completion of the work, the Street Enforcement Officer shall
report to the Village Board listing all costs chargeable to the Owner
thereof as specified in § 121-6(B)(4).
B.Â
Action by the Village Board.
(1)Â
Upon receipt of the report from the Street Enforcement Officer, the
Village Board shall cause a notice of a public hearing to be served
in the same manner as provided in § 121-6(A).
C.Â
Conduct of hearing. At the time, date, and place of the hearing,
the Village Board shall conduct the hearing and shall hear all interested
persons. Adjournments or continuances may be made as provided in § 121-6(C).
D.Â
Assessment and levy. Upon conclusion of the public hearing or as
soon thereafter as practicable, the Village Board shall assess the
Owner of the Private Street. The Village Board may modify or correct
the assessment, but no assessment shall be increased without notice
to the Owner and the opportunity to be heard. The assessment shall
be filed in the office of the Village Clerk. The Village Clerk shall
publish notice of such completion and filing in an official newspaper
of the Village, and any person deeming himself aggrieved thereby may,
within 15 days after the filing of such assessment, apply to a court
of record for an order of certiorari to review said assessments. The
apportionment, the assessments, and the determination shall be deemed
final and conclusive unless such an application be made within such
15 days.
E.Â
Collection. All assessments levied against real property or herein
provided shall be collected pursuant to New York State Village Law
§ 5-518. In case the assessment together with Village taxes
remains unpaid after the lapse of 30 days from the return of the Treasurer,
an action may be maintained pursuant to § 1440 of the Real
Property Tax Law and enforcement proceedings may also be taken in
accordance with the provisions of § 990 of the Real Property
Tax Law.