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Village of Sands Point, NY
Nassau County
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[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Editor's Note: This local law also repealed former Ch. 121, Private Roads and Streets, Maintenance of, adopted 10-22-2013 by L.L. No. 2-2013, as amended.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. 
Title. This Chapter 121 of the Village Code of the Village of Sands Point shall be known as "Private Streets, Maintenance of."
B. 
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:
Street Enforcement Officer
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.
Owner
The person(s) having record title to the real property on which a Private Street is located.
Driveway
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.
Private Road
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.
Private Street
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.
Street Permit
A type of building permit issued by the Village that authorizes the installation, improvement, paving, repair, or maintenance of any Private Street.
Roadway
That portion of the Private Streets ordinarily used for motor vehicle traffic.
Village
The Incorporated Village of Sands Point, including its duly authorized representatives or administrative officials.
Village Board
The Board of Trustees of the Village.
Village Code
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. 
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:
(1) 
Potholes, which are more than three inches deep; or eight inches in diameter;
(2) 
Broken pavement or any condition of disrepair that the Village deems unsafe or hazardous to vehicular traffic or pedestrians.
B. 
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. 
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. 
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. 
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. 
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. 
A Street Enforcement Officer shall be the enforcement officer for this chapter.
B. 
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. 
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. 
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. 
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. 
Contents of notice: The notice shall contain the following information:
(1) 
The date, time, and place of the public hearing before the Village Board within the Village.
(2) 
The condition of the Private Street which does not comply with the standards of this chapter.
(3) 
The proposed work that the Village intends to perform to make the Private Street conform to the standards of this chapter.
(4) 
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. 
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. 
Determination by the Village Board. As soon as practicable after the hearing, the Village Board shall determine:
(1) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
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. 
Action by the Village Board.
(1) 
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).
(2) 
Contents of notice. The notice shall contain the following information:
(a) 
The time, date, and place of the public hearing.
(b) 
The amount to be assessed and levied as contained in the report of the Street Enforcement Officer.
(c) 
The Owner's proportional share, as applicable.
C. 
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. 
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. 
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.
A. 
No Private Street shall be installed, improved, paved, repaired, or maintained prior to the issuance of a Street Permit.
B. 
An application for a Street Permit shall be made to the Village on a form furnished by the Village.
C. 
An application for a Street Permit shall be accompanied by payment of a fee as set forth in Chapter 82 of the Village Code.
A. 
Private Streets created through subdivision approval by the Village are, and shall continue to be, open to the public.
B. 
No signs may be erected, placed, or installed on or along Private Streets that indicate restriction of access or use by the public.