Village of Northport, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Northport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 147.
Signs — See Ch. 243.
Diversion of watercourses — See Ch. 299.
Subdivision regulations — See Ch. A312.
[Adopted 10-4-1966 by L.L. No. 3-1966 as Ch. 66 of the 1966 Code]

§ 256-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes a natural person, firm, copartnership, association, company or corporation and all other entities of any kind capable of being sued.
[1]
[1]
Editor's Note: Former § 66-2, Building materials, which immediately followed this section, was repealed 8-17-1999 by L.L. No. 12-1999.

§ 256-2 Display of foodstuff.

No person shall use the sidewalk for the display of foodstuff. All display of any merchandise whatsoever must be within the building line. Any foodstuff or produce displayed inside the building line and not within the building shall be protected by a solidly enclosed or glazed case.

§ 256-3 Awnings. [1]

No person shall erect or maintain any awning over any street or sidewalk, the lowest point of which shall be less than seven feet above the sidewalk.
[1]
Editor's Note: See Ch. 243, Signs.

§ 256-4 Poles and wires.

No person shall erect or cause to be erected any telegraph, telephone or electric light pole in or upon any street or public place or string any wire in or over such street or place without permission from the Board of Trustees.

§ 256-5 Parades.

No person shall authorize or engage in any parade or exhibition upon any street or public place without a permit from the Mayor.

§ 256-6 Trees, shrubs and grass plots.

No person shall injure, deface, mutilate or destroy any tree, shrub, plant or grass plot along any street or sidewalk or in any public place, nor shall any person affix any sign to any tree. No tree, shrub or plant shall be trimmed or removed from any street, sidewalk or public place without a permit from the Village Board, and such permit shall be granted upon arrangements being made to replace such tree, plant or shrub with a similar planting wherever practicable.

§ 256-7 Playing ball or other games.

The playing of games and roller- or ice-skating on the sidewalks and streets so as to hinder the free passage of persons or vehicles is prohibited, but the Mayor may designate certain streets or public places which shall be properly marked for coasting, skiing or other sports or games.

§ 256-8 Vehicles propelled by hands or feet.

No person shall ride any motorcycle, bicycle or other vehicle propelled by the hands or feet of the rider along or upon any sidewalk or footpath intended for the use of pedestrians; provided, however, that this prohibition shall not apply to a person who cannot walk, riding in a vehicle propelled by hands or feet.

§ 256-9 Material accumulation and maintenance.

[Amended 8-15-2000 by L.L. No. 15-2000]
A. 
No person shall cause, permit or suffer any accumulation of filth, refuse, debris, object or other material to be placed, deposited, tracked or flowed upon any village-owned street, highway, gutter or public place.
B. 
Every owner, lessee, tenant, occupant or other person in charge of any real property within the village shall be responsible for the maintenance of the sidewalk public easement and/or right-of-way between such property line and the curbline of the adjacent street, to include:
(1) 
The removal of any accumulation of filth, refuse, debris or object from any improved sidewalk within 24 hours after the placement, deposit, tracking or flowing of such upon an improved sidewalk; and
(2) 
The removal, cutting or trimming of any overgrown and unsightly grass, leaves, hedges, bushes and/or trees so that overhanging limbs will not interfere with a passerby on the sidewalk, public easement and/or right-of-way or adjacent roadway.
C. 
Removal of snow and ice.
(1) 
In addition to Subsection B set forth hereinabove, every owner, lessee, tenant, occupant or other person in charge of any real property in any Business District or of any institutional use on any real property in a Residential District, as described in Chapter 306 of the Village Code, within the village shall be responsible for the removal of snow and ice from any improved sidewalk between such property line and the curbline of all adjacent streets within four hours after snow has ceased to fall. For the purpose of § 256-9C, "institutional use" shall mean schools and libraries. The period between 9:00 p.m. and 7:00 a.m. shall not be included in computing such requirements.
(2) 
In the event that the snow or ice on the improved sidewalk shall be frozen so that it cannot be removed, the owner, lessee, tenant, occupant or other person in charge of any real property within the village as aforesaid shall, within the time specified in this Subsection C, cause the improved sidewalk adjacent to said premises to be strewn with sand, sawdust or some similar material and shall, as soon thereafter as the weather permits, thoroughly clear and clean said improved sidewalk.
D. 
The owner, lessee, tenant, occupant or other person in charge of any real property, other than an institutional use as described herein, in a Residential District within the village shall be excluded from the obligations for the removal of snow and ice as set forth in § 256-9C.

§ 256-10 Obstruction of fire hydrants prohibited.

[Added 12-6-1977 by L.L. No. 21-1977]
No person shall damage, tamper with or cause to be obstructed any fire hydrant in the Village of Northport.

§ 256-10A Vision obstructions at intersections.

A. 
It is the intent of the Board of Trustees to regulate obstructions at intersections that impair the vision of vehicular traffic causing safety issues. The Board finds that the regulation of vision obstructions at intersections should be site specific.
B. 
The Board of Trustees is authorized by resolution to prohibit or limit:
(1) 
The height of walls, fences, hedges, shrubs, signs or other obstructions to vision to no more than three feet high to be located on a corner lot within the triangular area bounded by the lines connecting the street corner of the lot and a point 25 feet from such corner on each of the intersecting street lines; and
(2) 
Vehicular on-street parking within 25 feet of the street corner.
C. 
The Board may impose the restrictions authorized by this section at an intersection based upon findings that the restrictions are necessary for the public safety and welfare. The Board shall receive the recommendations of the Chief of Police and the Village Administrator and a code enforcement official prior to imposing restrictions authorized by this section.
[Amended 10-5-2010 by L.L. No. 8-2010]

§ 256-11 Interference with watercourses prohibited.

No person shall in any way cause, suffer or permit the obstruction of or the interference with any village-owned or maintained sewer, drain, culvert, catch basin, gutter, drainage ditch or other facility for the storage, diversion, disposition or flow of storm- and surface water.[1]
[1]
Editor's Note: See Ch. 299, Watercourses, Diversion of

§ 256-12 Penalties for offenses.

A. 
Each violation of this article or of any regulation, order or rule promulgated hereunder shall be punishable by a fine not exceeding $250, imprisonment for a term not to exceed 15 days, or both such fine and imprisonment, for each offense, and each day a violation continues shall be a separate offense. The village may enforce obedience to this article by injunction or by any other available remedy.
[Amended 8-17-1999 by L.L. No. 12-1999]
B. 
In addition to these and any other remedies available to it, the village may also maintain an action or proceeding to enjoin the violation of §§ 256-10 and 256-11 and/or to recover the costs incurred by the village for cleaning, repairing, reconditioning or restoring the premises affected or otherwise remedying the condition.
[Adopted 10-4-1966 by L.L. No. 3-1966 as Ch. 67 of the 1966 Code]

§ 256-13 General.

[Amended 6-19-1984 by L.L. No. 6-1984; 4-16-1991 by L.L. No. 4-1991]
A. 
No person, firm or corporation, including public service companies and public authorities, shall make any excavation in any street, highway or sidewalk or in any village property nor construct any sidewalk or curb or make any cut along any street in the Village of Northport for any purpose without first obtaining a permit therefor from the Village Clerk of the Village of Northport as hereinafter provided.
B. 
Permits for curb cuts for driveways will not be considered on the east and west sides of Reservoir Avenue between Franklin Street and Route 25A or at any other location in the Village of Northport when, in the opinion of the Village Administrator, a traffic safety hazard might result therefrom and a suitable alternate location for a driveway cut on the property is available.
[Amended 10-5-2010 by L.L. No. 8-2010]

§ 256-14 Application and permit.

A. 
Application, in writing, shall be filed with the Village Clerk on application blanks which he shall provide.
[Amended 6-19-1984 by L.L. No. 6-1984]
B. 
An application to excavate in or disturb any portion of a street or any village property, or to construct a sidewalk, curb or curb cut in any street shall contain or shall be accompanied by an agreement on the part of the applicant to replace the street, highway or sidewalk, pavement, curb or gutter in proper condition or to construct any sidewalk, curb or curb cuts in accordance with specifications established for the particular work by the Village of Northport, and which specifications shall be on file in the office of the Village Clerk. Each such application shall be accompanied by a surety bond in such form and of such surety as may be approved by the Village Clerk and for an amount determined by him, which bond shall be conditioned upon the performance of the aforementioned agreement by the applicant. If the amount of such bond shall be insufficient to cover all costs of performing the work agreed to be performed by the applicant, the applicant shall be responsible for the deficiency. In the event that the work for which application is presented is done to the satisfaction of the Village Clerk, the bond shall be released and returned to the applicant.
[Amended 6-19-1984 by L.L. No. 6-1984]
C. 
Public utility companies and public authorities may, at their own option, file with the Village Clerk a surety bond in an amount determined by the Village Administrator to cover all applications under this section for work to be done within the term of the bond. If such blanket bond be filed, the Village Clerk may, at his discretion, require additional security by a further bond or cash should any individual application involve construction to such an extent that the blanket bond shall, in his opinion, furnish inadequate security to the village.
[Amended 6-19-1984 by L.L No. 6-1984; 10-5-2010 by L.L. No. 8-2010]
D. 
Insurance.
[Amended 6-19-1984 by L.L. No. 6-1984; 8-17-1999 by L.L. No. 12-1999]
(1) 
All applications shall be accompanied by a public liability policy in an amount commensurate with the size, degree of difficulty of construction and risks inherent in the construction of the proposed building or alteration, as determined by the Village Administrator, but at a minimum, the insurance requirements for independent contractors obtaining a permit to work within the village shall be as set forth below. The village shall be named as additional insured on this policy. The applicant shall also keep such insurance in force at all times during the terms of the permit.
[Amended 10-5-2010 by L.L. No. 8-2010]
(2) 
The contractor shall maintain at a minimum the following giving evidence of same to the owner in the form of certificates of insurance or copies of policies. The insurance carrier must be New York State licensed carrier with A.M. Best Rating of at least A IX. All subcontractors must adhere to worker's compensation, comprehensive liability, umbrella liability and auto liability and provide 30 days' notice of cancellation or material change.
(a) 
Worker's compensation and New York State disability:
[1] 
Coverage: statutory.
[2] 
Extensions:
[a] 
Voluntary compensation.
[b] 
All states coverage employers.
[c] 
Employers liability: unlimited.
(b) 
Commercial general liability:
[1] 
Coverage, occurrence: 1988 ISO or equivalent.
[2] 
Limits:
[a] 
General aggregate: $2,000,000.
[b] 
Products-Comp/Ops Aggreg.: $1,000,000.
[c] 
Personal and advert. injury: $1,000,000.
[d] 
Each occurrence: $1,000,000.
[e] 
Fire damage (any one fire): $50,000.
[f] 
Medical expenses (any one person): $5,000.
[3] 
Additional insured: municipality using ISO form CG2012 or equivalent.
[4] 
Special: hold harmless as per sample or equivalent
(c) 
Automobile insurance:
[1] 
Coverage: standard New York policy insuring all owned, hired and nonowned vehicles.
[2] 
Limits (minimum limit): $1,000,000 CSL.
[3] 
Additional insured: municipality.
(d) 
Umbrella liability (recommended):
[1] 
Coverage: umbrella form (not excess).
[2] 
Suggested limit: $5,000,000.
[3] 
Additional insured: municipality.
(e) 
Sample hold harmless agreement/contractor. The contractor shall indemnify and hold the municipality harmless against any claim of liability or loss including the cost of defense for personal injury or property damage resulting from or arising directly or indirectly out of or resulting from the permit holders operations within the municipality, including losses arising out of the negligent acts or omissions of the contractor, its servants or agents, and any subcontractors, its servants or agents.
E. 
An application fee as set forth from time to time by resolution in Chapter 147, Fees, must be paid to the Incorporated Village of Northport in connection with each application hereunder, except that no fee shall be required for a permit to replace an existing utility pole located in an unpaved area of a street or sidewalk or, if in a paved area, when no breaking of pavement is required.
[Amended 4-20-1971; 8-17-1999 by L.L. No. 12-1999]
F. 
The applicant shall replace all pavement removed, in accordance with § 256-20, at no expense to the village.
[Amended 4-20-1971]
G. 
Upon compliance with the foregoing requirements, a permit shall be issued in the name of the Village Clerk.
[Added 4-20-1971]

§ 256-15 Notice to public utilities.

[Amended 6-19-1984 by L.L. No. 6-1984]
The Village Clerk shall require any person making a highway excavation pursuant to a permit granted hereunder to give notice of such excavation to public service companies, public authorities or municipal districts or departments having lines, mains or other property in the street and within 20 feet of the proposed work; and when such notice shall have been required, no work shall be commenced or done under such permit until such requirement of notice has been fully complied with to the satisfaction of the Village Clerk.

§ 256-16 Other notices.

[Amended 6-19-1984 by L.L. No. 6-1984; 10-5-2010 by L.L. No. 8-2010]
Before commencing work under any permit, the permittee shall give 24 hours' advance written notice thereof to the Police and Fire Departments and to the Clerk and Village Administrator of the Village of Northport. Any such notice shall specify the date and hour when such work will be commenced. Inspection of the work will be performed by the Village Administrator. Upon completion of such work, similar notice thereof shall be given said Departments, the Clerk and the Village Administrator.

§ 256-17 Guarding of excavations and protection of property.

[Amended 6-19-1984 by L.L. No. 6-1984; 10-5-2010 by L.L. No. 8-2010]
Any permittee making an excavation or doing any construction covered by this article shall erect suitable barriers or guards for the protection of persons using the streets or sidewalks, shall set up and maintain, during the hours of darkness, sufficient lights or flares to properly illuminate the area, shall take all necessary precautions for the protection of all property which may be endangered by such excavation or construction, or other work incident thereto, and shall comply with all directions given by the Village Administrator in respect to such barriers, lights, flares and protective measures. In connection with the operations under such permit, no matter shall be deposited or piled up within 15 feet of any fire hydrant, fire-fighting facility or village drainage facility.

§ 256-18 Size and manner of openings.

[Amended 4-20-1971]
A. 
In general, openings in concrete and asphalt roads shall be a minimum of two feet larger on all sides than the actual size of the excavation. In special cases, the size of the opening shall be determined by the village. The edges of all street openings shall be saw cut in a straight line.
B. 
Openings in concrete or slate sidewalks shall have a minimum length of two feet on each end, measured along the edge of the sidewalk, larger than the excavation or to the nearest construction joint and a minimum width of the full width of the sidewalk where there is no longitudinal construction joint or to such construction joint where same exists.
C. 
No streets or sidewalks shall be tunneled, but pipes may be driven or trenched across.

§ 256-19 Backfilling.

A. 
Backfilling around pipes. Selected unfrozen filling material free from large lumps, clods, rocks, sods, debris or other deleterious materials shall be placed alongside pipes in layers not exceeding six inches in depth and thoroughly compacted so that on each side of the pipe there shall be a berm of thoroughly compacted or undisturbed earth at least as wide as the external diameter of the pipe. Each layer, if dry, shall be moistened and then compacted, special care being taken to compact thoroughly the fill under the haunches of the pipes. All fill within 12 inches of pipes and to a height of 12 inches above pipes shall be compacted by hand tamping, other than so required hand tamping shall be prohibited and all other compaction shall be by rolling or tamping with mechanical hammers. This prescribed method of filling and compacting shall be continued until the backfill is at least two feet above the top of the pipe.
B. 
Other backfilling. Any filling or backfilling of material other than around pipes and except to two feet above pipes shall be deposited in horizontal layers not to exceed 12 inches in thickness and thoroughly compacted by mechanical rolling, tamping or vibratory equipment.

§ 256-20 Replacement of pavement.

[Added 4-20-1971; amended 6-19-1984 by L.L. No. 6-1984]
A. 
All concrete used for replacement of concrete road pavement shall be air entrained and have a minimum strength of 4,000 pounds per square inch. Concrete for replacement of concrete sidewalk shall be air entrained and have a minimum strength of 3,500 pounds per square inch. Aggregates used in the proportioning concrete shall be three-fourths-inch broken stone or three-fourths-inch washed gravel. The thickness and reinforcing of the new concrete shall equal the thickness and reinforcing of the existing concrete, but in no case shall concrete road pavement be less than eight inches thick, nor shall sidewalk thickness be less than four inches.
B. 
Asphalt roads shall be patched with a three-inch thickness of New York State Type 3 binder course Specification 403.13, and a one-and-one-half-inch thickness of New York State Type 6F surface course Specification 403.17. The surface of the patch shall be compacted and rolled with an acceptable roller so that the patch is flush with the surrounding pavement. The edges of the patch shall be sealed with a liquid asphalt cement, Grade 85-100.

§ 256-21 Inspection of work.

[Added 6-19-1984 by L.L. No. 6-1984; amended 10-5-2010 by L.L. No. 8-2010]
Permittees shall notify the Village Administrator of the village at least two days before commencement of work and shall be subject to his inspection during the course of the work.

§ 256-22 Completion of work.

[Amended 4-20-1971]
Permittees shall notify the Fire and Police Departments and the Village Clerk when work has been completed, after which an inspection will be made by the village, and upon approval of the work a release will be granted to the applicant. Until the granting of such release, the applicant shall remain liable for proper guarding and protection as provided herein. No approval or release shall be given by the village until a sufficient period of time, not less than 30 days, has expired in which the actual work may be observed under normal conditions.

§ 256-23 Emergency work.

[Amended 4-20-1971]
In the event an emergency threatening damage to life or property requires prompt beginning of work covered hereby, the person, firm or utility undertaking such work shall give immediate notice thereof to the Northport Village Police and Fire Departments and shall make application for a permit at least on the next business day at the office of the Village Clerk. The fact that the work is required, because of an emergency, to be begun or to be done without first obtaining a permit, shall not, except as in the section is otherwise provided, excuse noncompliance with this section.

§ 256-24 Penalties for offenses.

[Amended 8-17-1999 by L.L. No. 12-1999]
A violation of this article shall be punishable by a fine of not to exceed $250, imprisonment for a term not to exceed 15 days, or both such fine and imprisonment, for each offense, and each day a violation continues shall be a separate offense.