[Adopted 8-12-2008 by L.L. No. 6-2008]
The Village Board believes that it is necessary
to adopt legislation to protect those property owners who reside on
private roads so that the roads shall remain accessible during the
winter period.
As used in this article, the following terms
shall have the meanings indicated:
Includes, without limitation, the terms "subdivider" and
"developer."
Includes a macadam, asphalt, brick, concrete or other improved
roadbed.
A street which has not been officially accepted as a public
street by the Village Board, including, without limitation, streets
which have been offered for dedication but which have not been accepted.
Includes a highway, road or avenue serving two or more residences,
businesses or properties, or any combination thereof, as a means of
vehicular access.
The owner of any private street shall have the
legal responsibility and duty to provide snow and ice control on such
private street. Said owner shall provide for the prompt removal of
snow whenever the depth of uncompacted snow exceeds three inches.
The snow shall be removed in such a manner as not to obstruct any
public street. The owner shall have the further legal responsibility
and duty to protect against slippery areas in the streets by proper
and prompt application of sand and salt. Owners of private streets
shall have the legal responsibility and duty of keeping such streets
safe and open for travel. The determination of when to remove snow
and ice shall be made by the Superintendent of Highways.
Owners of private streets shall have the legal
responsibility and duty of keeping such streets in an acceptable and
proper condition of repair. Private streets shall be kept free of
potholes, cracks and defects in the pavement. The Village Board may,
from time to time, adopt by resolution such specific technical standards
as the Board determines necessary to assure compliance with this section.
The Planning Board shall provide, in approving
any subdivision or site plan which provides for the creation of a
private street, whether or not such private street is to be offered
for dedication to the Village, for means of private street maintenance
in accordance with this article. The Planning Board shall require
that an appropriate legend be placed on the map that the private street
shall be the subject of a maintenance agreement pursuant to the terms
of this article. No building located upon such private street shall
be occupied nor shall any certificate of occupancy be granted unless
provision for service pursuant to this article has been provided.
A.
The Planning Board, in approving a subdivision or
site plan creating any private street, whether or not such street
is to be offered for dedication to the Village, shall require as a
condition to the approval that a cash bond, as approved by the Village
Board, be deposited by the owner to assure compliance with this article.
The Village Engineer and/or Superintendent of Highways shall be responsible
for calculating the amount of the cash bond to be deposited by the
owner. This cash bond or security shall be in addition to such other
cash bond or security for performance which may be required by the
Planning Board.
B.
Each year, the Village Engineer and/or Superintendent
of Highways shall recalculate the amount of the cash bond posted by
the owner, and, in the event that it is necessary to increase the
amount of the bond due to the failure of the owner to comply with
this article or due to the increased costs in maintaining and snowplowing
the road, then the owner shall be required to post the additional
cash bond within 14 business days after notification by the Village
Engineer and/or Superintendent of Highways. If the owner fails or
refuses to post the additional cash bond, then the Building Department
may refuse to issue building permits and certificates of occupancy
to the owner.
C.
When the road has been dedicated or a homeowners'
association has taken over the responsibility of the road, then the
balance of the cash bond deposited pursuant to this article shall
be returned to the owner together with all accrued interest.
Simultaneously with the approval of site plan
or subdivision, the Planning Board shall require the owner to execute
a consent agreement permitting the Village, its employees or agents
to enter onto the owner's private road for purposes of snowplowing
and ice control only where the owner has defaulted in his duties pursuant
to this article. The consent agreement shall provide that the owner
agrees to indemnify and hold harmless the Village of Woodbury, its
employees or agents from any responsibility or liability in removing
such snow or ice from the owner's private road.
The Superintendent of Highways and/or his employees
shall periodically check the private roads in a given development
to ascertain whether or not the owner has complied with this article.
A.
If an owner defaults in his duties pursuant to this
article, the Village Board, its employees or agents may undertake
to do the necessary acts or provide the necessary services in removing
snow and ice from the owner's private road. The Village Board shall
be entitled to recover any and all costs in providing the services.
If the owner defaults in his responsibility to reimburse the Village,
a stop-work order may be issued on future development in the subdivision.
B.
For the purposes of this section, "default" shall
mean the failure of the owner to provide snow and ice control within
six hours of cessation of snowfall or the creation of the hazard.
The Village Board, its employees or agents shall give notice of default
by certified mail, except in an emergency situation which requires
the immediate removal of snow or the alteration of a dangerous condition.
C.
The undertaking of the Village to provide services
required of the owner upon the owner's default shall not relieve the
owners to provide such services. The failure or omission by the Village
to undertake to provide the required services upon the default of
the owner shall not create any liability attributable to the Village.
Violation of this article shall be punishable
by a fine not exceeding $1,000 for each violation. Each day or part
thereof that a violation continues shall be deemed a separate violation.
