Chapter 197

ARTICLE I ARTICLE III General Use Regulations Moving Heavy Vehicles § 197-1. Riding, driving and parking on § 197-22. Restrictions and regulations. sidewalks. § 197-23. Interpretation of provisions. § 197-2. Use of streets for games or entertainments. ARTICLE IV § 197-3. Sledding on sidewalks. Sidewalk Maintenance § 197-4. Sidewalk obstructions and encumbrances. § 197-24. Responsibility of property § 197-5. Awnings. owner. § 197-6. Damage to streets or sidewalks; § 197-25. Notice to repair or maintain. hindering repair. § 197-26. Failure to comply, work done § 197-7. Use of streets or sidewalks for by Village; assessment of costs. building purposes. § 197-27. Penalties for offenses. § 197-8. Posting notices and the scattering/placing/tossing of ARTICLE V advertisements. Prior Notice of Defects § 197-9. (Reserved) § 197-10. Use of barbed wire fences. § 197-28. Prior written notice required § 197-11. Parades. for civil actions. § 197-12. Blowing of steam across streets. § 197-13. Dumping and littering in ARTICLE VI streets. Parking or Storage of Recreation Vehicles § 197-14. (Reserved) § 197-29. Definitions. § 197-15. Snow and ice on sidewalks. § 197-30. Parking or storage on streets § 197-16. Snow, ice and water on restricted. buildings. § 197-31. Penalties for offenses. ARTICLE II ARTICLE VII Improvements Within Street Lines Street Tree Sidewalk Improvement Program § 197-17. Improvements restricted. § 197-32. Purpose. § 197-18. Permit for certain § 197-33. Administration. improvements. § 197-34. Liability. § 197-19. Responsibility for maintenance. § 197-20. Issuance of permits; fee; revocation. ARTICLE VIII Poles, Wires, and Pipes § 197-21. Penalties for offenses. § 197-35. Definitions and word usage. § 197-36. Permission to erect required. CROTON-ON-HUDSON CODE § 197-37. Notice of removal; time frame § 197-51. Duties and responsibilities of for compliance. permittees. § 197-38. Permit requirements. § 197-52. Opening and excavation § 197-39. Penalties for offenses. restrictions and requirements. § 197-53. Backfilling and pavement ARTICLE IX restoration. Excavations § 197-54. Deposits. § 197-55. Bond requirements. § 197-40. Definitions; word usage. § 197-56. Insurance requirements. § 197-41. Permit required. § 197-57. Openings in new streets. § 197-42. Street openings limited. § 197-58. Map requirements. § 197-43. Commencement of work. § 197-59. Abandoned facilities. § 197-44. Permits nontransferable. § 197-60. Penalties for offenses. § 197-45. Expiration of permits. § 197-46. Municipal utility cuts. ARTICLE X § 197-47. State and county highways and General Sidewalk Improvement Program private streets. § 197-48. Rights of Village. § 197-61. Purpose. § 197-49. Revocation of permits. § 197-62. Administration. § 197-50. Duties and responsibilities of § 197-63. Liability. applicants. GENERAL REFERENCES Penalties for offenses — See Ch. 1, § 1-12. Stormwater, drainage erosion and water polluton control — See Ch. 196. Public consumption of alcoholic beverages — See Ch. 72. Street trees — See Ch. 208. Dogs at large — See Ch. 108. Installation of waterlines — See Ch. 223. Garbage and littering — See Ch. 135. Subdivision of land — See Ch. 230, Art. XII. Peddling on streets — See Ch. 172. ARTICLE I General Use Regulations [Adopted 5-24-1927] § 197-1. Riding, driving and parking on sidewalks. [Amended 5-7-1990 by L.L. No. 2-1990; 12-5-2005 by L.L. No. 4-2005] A. No person shall ride or drive any bicycle, motorcycle, automobile, trailer, or other vehicle upon any sidewalk or curb in the Village of Croton-on-Hudson, New York, except in necessarily crossing the same.74 No person shall ride on horseback or in any wagon upon any of the sidewalks of said Village, except in necessarily crossing the same. B. No person shall park any part of any motorcycle, automobile, trailer, or other vehicle upon any sidewalk or curb in the Village of Croton-on-Hudson, New York. [Amended 6-3-2013 by L.L. No. 3-2013] § 197-2. Use of streets for games or entertainments. No person shall coast on any street in the Village of Croton-on-Hudson, New York, except at such places in said Village as shall be marked by poster or sign by order of the Board of Trustees "Coasting Permitted," and then only while such posters or signs are displayed and a police officer of the Village is in attendance at such place. No person shall play ball, one o'cat, football or any other game on any street in the Village of Croton-on-Hudson, New York, nor dance in the streets of said Village, nor hold carnivals, fairs or entertainments thereupon, except with permission of the Board of Trustees of the Village of Croton-on- Hudson, New York, and then only upon such terms and conditions as may be prescribed by said Board of Trustees. § 197-3. Sledding on sidewalks. No person shall slide upon any sidewalk in said Village on any sleigh, sled, board or other contrivance, nor shall any person build, make or use any stretch of ice upon any sidewalk for the purpose of sliding. § 197-4. Sidewalk obstructions and encumbrances. [Amended 5-7-1990 by L.L. No. 2-1990] Except as provided elsewhere in this Code,75 no person or persons shall place or cause to placed or keep or suffer to be kept or to remain any log, timber, box, cask, beer keg, stone, plank, board or other article or articles on any sidewalk or crosswalk in this Village so as to incommode, obstruct or interfere with the free passage or use thereof. Nothing contained in this section, however, shall prohibit merchants and others from placing goods and merchandise and household furniture on the sidewalks for the purpose of loading or unloading the same, provided that it is done without any unreasonable delay. No owner, lessee or occupant of any building shall cause any firewood or coal to be placed and remain on any sidewalk or crosswalk opposite or adjoining his lot. § 197-5. Awnings. No person shall erect an awning upon or over any sidewalk, which awning shall not be at all times, at its lowest point, at least 6 1/2 feet above the sidewalk. 74. Editor's Note: See also § 1225-a of the New York State Vehicle and Traffic Law. 75. Editor's Note: See particularly Ch. 230, Zoning. § 197-6. Damage to streets or sidewalks; hindering repair. No person shall injure or tear up any pavement, sidewalk, crosswalk, drain or any part thereof or dig any hole, ditch or drain in any street, pavement or sidewalk, without authority from the Board of Trustees, or hinder or obstruct the making or repairing of any pavement, sidewalk or crosswalk under any local laws or resolution of the Board of Trustees or hinder or obstruct any person employed by the Board of Trustees in making or repairing any public improvement or work ordered by the Board of Trustees. § 197-7. Use of streets or sidewalks for building purposes. [Amended 5-14-2025 by L.L. No. 7-2025] A. No person shall in any way obstruct, encumber, occupy or consent to or aid or abet the obstruction, encumbrance or occupation of any part of any street, lane or alley, sidewalk or public grounds, except so far as the same shall be necessary for the erection or repair of a building, placing of a dumpster or storage unit, or the grading or improvement of a lot, and only so long as it may be necessary therefor and then only with the permission of the Village Engineer, on such terms as may be laid down by him. The fee for use of any street, lane or alley, sidewalk or public grounds shall be in an amount set by resolution of the Board of Trustees. When, with such permission, any part of any street, lane or alley, sidewalk or public ground shall be obstructed, occupied or encumbered, a passageway shall at all times be kept open for travelers and pedestrians, and such obstructions or encumbrances shall be carefully guarded and lighted at all times during the night in a manner satisfactory to the Village Engineer. No person shall otherwise store or keep property in any street, lane or alley or upon any sidewalk or public ground. B. No person shall mix or temper mortar, concrete, plaster or other substance or cause the same to be done on any street, sidewalk or crosswalk in the Village without first obtaining permission from the Village Engineer of said Village and upon such terms as may be prescribed by such Village Engineer. § 197-8. Posting notices and the scattering/placing/tossing of advertisements. [Amended 2-3-2020 by L.L. No. 3-2020] No person shall place, post, affix, or otherwise put up any written, printed, or painted sign or notice on any of the trees, poles, walls, fences or buildings on or along any of the streets, rights-of-way or public places in said Village, nor scatter, place, or throw any advertisements or notices nor cause the same to be scattered, placed, or thrown along or in any of the streets, rights-of-way or public places in said Village.76 § 197-9. (Reserved)77 § 197-10. Use of barbed wire fences. No person shall erect, use or maintain any barbed wire fence or fence equipped with barbs on any property abutting on public streets or grounds or along the boundaries of such streets and grounds. § 197-11. Parades. No person shall conduct, lead, hold, organize or participate in any parade, exhibition or playing of bands in the Village of Croton-on-Hudson, New York, without permission of the Board of Trustees, and then only upon such terms and conditions as may be prescribed by such Board of Trustees. 76. Editor's Note: See also Ch. 67, Advertising Materials. 77. Editor's Note: Former § 197-9, Street trees, as amended, was repealed 11-1-2022 by L.L. No. 12-2022. § 197-12. Blowing of steam across streets. No person shall blow steam into, upon or over the streets of the Village of Croton-on-Hudson, New York. § 197-13. Dumping and littering in streets. A. No person shall cast or throw or cause to be cast or thrown into any of the drains, ditches or watercourses or in any of the highways, streets, alleys or in the public square within the Village any straw, shavings, wood, stones, tin cans, broken crockery, ashes, rubbish or any filth or any other substance or cause any obstructions, nuisances or injury to the same by diverting or stopping the course thereof or otherwise. [Amended 5-7-1990 by L.L. No. 2-1990] B. No person shall throw, place or deposit or suffer his or her servant, child or family to throw, place or deposit any dead animals, animal wastes or shells of oysters or clams, decayed vegetables, ashes of coal or wood, tin cans, broken crockery or earthenware, garbage or other kitchen refuse, trash or business waste products or nuisance of any kind within the lines of any highway, street, avenue, alley or public square or within or upon any public grounds in said Village, except for the purpose of removal and, in that case, the same must be removed without delay;7 and if upon any public grounds, other than streets, avenues or alleys, such deposit must be in accord with the terms of a permit duly procured from Village Manager or his duly designated representative. [Amended 8-2-1971] § 197-14. (Reserved)79 § 197-15. Snow and ice on sidewalks. [Amended 5-7-1990 by L.L. No. 2-1990; 2-15-2000 by L.L. No. 1-2000; 9-19-2011 by L.L. No. 4-2011] A. Purpose. The purpose of this section shall be to preserve public peace and good order in the Village, and to contribute to the public welfare, safety and good order of its people by establishing certain regulations for the removal of snow and ice from the streets and sidewalks of the Village. B. Duty to clear or make safe. Except as otherwise provided herein, it shall be the duty, jointly, of the owner, occupant, lessee, or person having charge or control of any parcel of real estate adjoining a public sidewalk, whether the parcel is improved or unimproved, to keep such sidewalks free from snow and ice for the full paved width of such sidewalk; provided, however, that in case the snow or ice on any such sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, the owner, occupant, lessee, or person having charge or control shall, within the time specified in this section, cause such sidewalk to be covered and strewn with sifted ashes, sand or other suitable material so as to be no longer dangerous to life and limb, and, as soon as practical thereafter, shall cause such sidewalk to be completely cleared of snow, ice, and other materials strewn thereon. [Amended 1-6-2020 by L.L. No. 1-2020] (1) Exemptions. Because imposing the duty to clear or make safe would, due to geographical circumstances and limitations create an undue burden on those charged with such duty, the following sidewalks or portions thereof are exempt from the requirements of this § 197-15: 78. Editor's Note: See also Ch. 135, Garbage, Rubbish and Littering. 79. Editor’s Note: Former § 197-14, Poles, wires and pipes, as amended 8-2-1971, was repealed 1-7-2019 by L.L. No. 1-2019. For current provisions, see Article VIII, Poles, Wires and Pipes. Name of Street Side Location Brook Street South From the point beginning 660 feet from the intersection of South Riverside Avenue for a distance of 125 feet east thereof Brook Street and Terrace Place North From the point beginning 570 feet from the intersection of South Riverside Avenue for a distance of 450 feet east thereof Cleveland Drive East From the intersection of Alexander Lane for a distance of 213 feet north thereof Cleveland Drive East From the intersection of Old Post Road South to the intersection of Alexander Lane Old Post Road South East From the intersection of Cleveland Drive for a distance of 825 feet north thereof Radnor Avenue North From the intersection of Old Post Road South for a distance of 50 feet west thereof South Riverside Avenue East From the intersection of Bungalow Road for a distance of 1024 feet south thereof (2) Notwithstanding the foregoing, should anyone other than a Village employee or contractor choose to clear or make safe such exempted sidewalks or portions thereof, such person shall comply with Subsections F and G of this section. C. Time limit. Snow and ice shall be removed from sidewalks within 12 hours after the end of a snowfall. In addition, sidewalks adjoining commercial establishments and commercial parking lots shall be kept free of snow and ice at all times between the hours of 9:0 a.m. and 5:00 p.m. [Amended 1-6-2020 by L.L. No. 1-2020] D. Removal by Village. Whenever any person having a duty to clear pursuant to this section fails to remove the snow and ice from a sidewalk within the time specified above or within six hours after written notice from a Village police officer, Code Enforcement Officer, Commissioner of Public Works, the Village Manager, or their designees, to remove same, the Village may cause such snow and ice to be removed or such sidewalk to be covered as provided above, and the cost and expense of doing such work shall be reported to the Village Clerk. [Amended 8-10-2015 by L.L. No. 6-2015] E. Collection of costs for removal by Village. The Village shall promptly present to the owner or occupant of each parcel a bill for the removal of snow and ice or covering of a sidewalk as provided herein. The bill will set forth the process for the owner or occupant to appeal the charges to the Village Manager. If any such bill is not paid within 30 days, the costs set forth thereon shall be assessed against the property, added to the tax bill for the property, and become a lien thereon, collectible in the same manner as delinquent Village taxes and assessments. Any appeal must be filed with the Village Manager within 10 days of the bill and must set forth the reason why the owner or occupant believes the cost should not be payable by the owner or occupant under the provisions of this section. If requested, the owner or occupant will be given the opportunity to discuss their position with the Village Manager. The decision of the Village Manager shall be made within 10 days after receipt of the appeal or any such discussion and shall be final. [Amended 9-19-2016 by L.L. No. 5-2016; 6-7-2021 by L.L. No. 5-2021] F. Depositing on streets. No person, firm or corporation shall deposit, throw, place or strew, nor shall any person, firm or corporation cause to be deposited, thrown, placed or strewn, any snow or ice upon any street, avenue or roadway within the Village. G. Placing of snow and ice on another's property. No person firm, corporation, property owner or occupant shall remove snow or ice from any parcel of real estate and place it upon another parcel of real estate without the express permission of the owner of the latter. H. Penalties for offenses. Any person violating any provisions of this section shall be liable to a penalty as provided in § 1-1 of Chapter 1, General Provisions. § 197-16. Snow, ice and water on buildings. No person shall permit any snow or ice to accumulate upon any building adjacent to any street or sidewalk in quantities sufficient to endanger people passing along said street or highway, and no person shall permit snow, ice or water to fall from such building or buildings upon any street or sidewalk. ARTICLE II Improvements Within Street Lines [Adopted 6-18-1959] § 197-17. Improvements restricted. No owner, lessee or occupant of any lot or parcel of land in the Village of Croton-on-Hudson abutting any public street, whether owned in fee by said Village or dedicated to public use nor any other person shall alter or change the grade of any land lying within the lines of any such street or otherwise alter or improve such land by grading, erecting any concrete or masonry structures, planting other than grass or otherwise, except as hereinafter expressly provided. § 197-18. Permit for certain improvements. [Amended 5-7-1990 by L.L. No. 2-1990] The Village Engineer may, following written application and on submission of plans therefor by the abutting owner, grant a permit authorizing the following improvements of such land: A. Alteration or changes of grade or level. B. Construction of retaining walls parallel with the line of the street. C. Such other improvements as shall enhance the beauty of the street and will not interfere with the public use thereof. § 197-19. Responsibility for maintenance. Any such improvement or planting shall be maintained in good order and condition by the owner of the abutting premises at his own expense and in such a manner as not to interfere with the rights of the public in and over the street. The Village of Croton-on-Hudson shall in no event be responsible for any damage caused to any such planting or improvement or damage caused by the same, whether to person or property. § 197-20. Issuance of permits; fee; revocation. [Amended 5-7-1990 by L.L. No. 2-1990] Such permits shall be issued by the Village Engineer upon the payment of a fee in an amount set by resolution of the Board of Trustees,8 and shall be revocable by the Village at will. Upon the revocation of any such permit, the abutting owner shall, at the request of the Village and at his own cost and expense, restore such property to its former condition. § 197-21. Penalties for offenses. [Amended 5-7-1990 by L.L. No. 2-1990] The penalty for any violation of the provisions of this Article shall be as provided in § 1-1 of Chapter 1, General Provisions. Each day that such violation continues shall constitute a separate offense. 80. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. ARTICLE III Moving Heavy Vehicles [Adopted 1-8-1929] § 197-22. Restrictions and regulations. The transportation, towing or moving of any device, article, machine or structure in width in excess of eight feet and of a weight or construction likely to damage the street surfaces, subsurface structures or other street appurtenances and those structures, poles or appurtenances lawfully erected upon any street easement over or along any street, avenue, place, highway or other public place in the Village of Croton-on-Hudson, used for purposes of highway passage, is hereby prohibited except under the following regulations: A. No such transportation, towing or moving of any such device, article or machine in width in excess of eight feet shall be carried on on any holiday, Saturday or Sunday. B. No such device, article, machine or structure shall be transported, towed or moved on any such street, avenue, place, highway or other public place used for purposes of highway passage on skids, drags or other nonwheeled vehicles or upon any caterpillar treads or tractor treads or on any other type of wheels other than rubber-tired wheels of a sufficient number and size so that the load upon the street surface shall at no time be in excess of 1,000 pounds per square inch under said wheels, or any of them. Should the nature and character of the device, article, machinery or structure be such that it cannot be moved on rubber-tired wheels, then such vehicle shall be transported, towed or moved on planks or skids not less than two inches in thickness and laid continuously before the device, article, machine or structure so that it at no time shall come into contact with the street pavement and so that the load upon the street surface at the points of application shall at no time and place be in excess of 1,000 pounds per square inch. C. The transportation, towing and moving of any device, article, machine or structure as above described shall at all times be under the supervision of the Chief of Police, who is hereby authorized to make such additional requirements therefor as, in his opinion, special circumstances of each case may require. § 197-23. Interpretation of provisions. This Article is to be liberally construed for the prevention of interference with highway traffic and for the protection of streets and highways in the Village of Croton-on-Hudson. Should any part of this Article be in conflict with or in contravention of any law, rule or regulation of the State of New York relating to highways and to traffic thereupon, the balance of this shall not be deemed to be affected by such conflict or contravention. ARTICLE IV Sidewalk Maintenance [Adopted 2-18-1960] § 197-24. Responsibility of property owner. It shall be the duty and responsibility of every owner, lessee, occupant or person in possession of any lot or parcel of land in the Village of Croton-on-Hudson to maintain at his own expense any public sidewalk abutting such lot or parcel in a clean and safe condition and in a good state of repair. § 197-25. Notice to repair or maintain. [Amended 8-2-1971] If the Village Manager or his duly designated representative shall find any such sidewalk in any unclean condition or in a state of disrepair, he shall serve on any such person, either personally or by mail, a notice stating: A. The location, by reference to building number or tax lot number, of the particular sidewalk in question. B. The particular cleaning or repairing to be performed and the manner in which the same is to be done. C. The materials to be used in connection with any such repair. D. In the case of repairs to be performed, the proportion of the expense thereof to be borne by such person or persons and the proportion to be borne by the Village, as provided for in a resolution adopted by the Board of Trustees after consideration of the circumstances of the case. E. The time following the receipt of such notice within which such cleaning or repairs shall be completed, which time shall be not less than 24 hours in the case of cleaning and not less than 10 days in the case of repair. § 197-26. Failure to comply, work done by Village; assessment of costs. [Amended 5-14-2025 by L.L. No. 7-2025] If any such person shall fail to perform and complete such cleaning or repair within the time specified in said notice, the Village may cause such cleaning or repair to be performed. The Village shall promptly present to the owner or occupant of each property a bill for the cleaning or repair as provided herein. The bill will set forth the process for the owner or occupant to appeal the charges to the Village Manager. If any such bill is not paid within 30 days, the costs set forth thereon shall be assessed against the property, added to the tax bill for the property, and become a lien thereon, collectible in the same manner as delinquent Village taxes and assessments. Any appeal must be filed with the Village Manager within 10 days of the bill and must set forth the reason why the owner or occupant believes the cost should not be payable by the owner or occupant under the provisions of this section. If requested, the owner or occupant will be given the opportunity to discuss their position with the Village Manager. The decision of the Village Manager shall be made within 10 days after receipt of the appeal or any such discussion and shall be final. § 197-27. Penalties for offenses. [Amended 5-7-1990 by L.L. No. 2-1990] Failure to comply with any such notice by any such person shall constitute a violation of this Article, and a person failing to so comply shall be subject to arrest, prosecution and punishment, as provided in § 1-1 of Chapter 1, General Provisions. Each and every day that such violation continues shall constitute a separate offense. ARTICLE V Prior Notice of Defects [Adopted 6-13-1977 by L.L. No. 12-1977] § 197-28. Prior written notice required for civil actions. No civil action shall be maintained against the Village of Croton-on-Hudson for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, bridge or culvert unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice, relating to the particular place, was actually given to the Village Clerk and there was a failure or neglect within a reasonable time after the receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice to be removed or the place to be otherwise made reasonably safe.81 81. Editor's Note: See also § 6-6 of the New York State Village Law. ARTICLE VI Parking or Storage of Recreation Vehicles [Adopted 2-21-1989 by L.L. No. 1-1989] § 197-29. Definitions. As used in this Article, the following words or terms shall have the meanings herein defined: BOAT — A small open vessel or craft for use on water and propelled either by oars, paddles or motor power and intended or used for recreational purposes only. CAMPER — A vehicle designed for human habitation and drawn by attaching to a motorized vehicle. CAMPER-TRAILER — A vehicular, portable dwelling structure designed to be used for recreational purposes. This includes a travel trailer, so identified by the manufacturer; a pickup camper; a folding tent trailer; and a motorized camper where the camping portion is an integral part of the self-propelled vehicle. MOTOR HOME — A self-contained vehicle designated for human habitation, with its own motive power. RECREATIONAL VEHICLE — Any vehicle used or intended to be used as a conveyance upon public streets or highways, including self-propelled and non-self-propelled vehicles, so designed, constructed and reconstructed or added to by means of accessories as to permit the occupancy thereof as a temporary dwelling or sleeping place for one or more persons and having no foundation other than wheels, jacks or skirtings so arranged as to be integral with or portable by a wheeled vehicle. TRAILER — A vehicle without motive power designed for carrying persons or property on its own and to be drawn by a vehicle with motive power. The term "trailer" shall include but shall not be limited to horse trailers, boat trailers and skimobile trailers. § 197-30. Parking or storage on streets restricted. [Amended 7-1-1991 by L.L. No. 5-1991] No person, firm or corporation shall park or store a boat, motor home, camper-trailer, camper or recreational vehicle upon any roadway, street, highway or public right-of-way for longer than three hours within the Village of Croton-on-Hudson. § 197-31. Penalties for offenses. Any person, firm or corporation violating any provision of this article shall be fined not less than $50 nor more than $5 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. ARTICLE VII Street Tree Sidewalk Improvement Program [Adopted 8-10-2015 by L.L. No. 6-201582] § 197-32. Purpose. The Board of Trustees has made a determination that many sidewalks located within the Village are in significant need of repair due to certain Village trees planted in the Village right-of-way. The Board of Trustees also recognizes that the repair of sidewalks can be costly and that it imposes a difficult economic hardship on the homeowner to keep the sidewalks in good repair. The Board of Trustees has determined that it is in the best interests of the Village to have properly maintained sidewalks and, therefore, has decided to assist residents in maintaining the sidewalks to the extent outlined within this article. § 197-33. Administration. [Amended 3-4-2019 by L.L. No. 4-2019] Any owner of real property within the Village whose real property abuts on any public street may be eligible for the following sidewalk replacement program hereby established: A. If the sidewalk is in need of repair or replacement, the owner of said property may make application to the Village requesting that the sidewalk be repaired or replaced. A fee for the filing of said application may be established by resolution of the Village Board of Trustees and placed in the fee schedule. Applications will be processed and acted upon at the sole discretion of the Village. B. The Superintendent of Public Works, or his designee, will visit the site to determine if a Village street tree has contributed to the cause of the damaged sidewalk. Upon his determination, the Village will authorize and pay for the removal of the street tree. C. The Village will pay 50% of the actual contract cost for the removal and replacement of sidewalks to property owners who apply during the period of October 1, 2015, to May 31, 2019, of the sidewalk replacement program, including materials and labor for the repairs and reconstruction. Beginning on June 1, 2019, the Village will pay 40% of the actual cost for the removal and replacement of sidewalks to property owners who apply during the period of June 1, 2019, to May 31, 2020. The prevailing rate established by the Village will be used in determining the total cost of the improvements. D. The Village Engineer or the Superintendent of Public Works shall determine the nature and extent of sidewalk repairs qualifying for reimbursement under this program. After review of the application by the Village Engineer and the determination of repairs qualifying for reimbursement, the Village Engineer will notify the applicant, in writing, of the contribution to be made by the property owner. After receipt of the property owner's share of the cost of the work, all repairs and reconstruction will be scheduled and performed by the Department of Public Works or its designated agent. All work shall be subject to inspection by the Village Engineer or his designee during construction, and must be approved by the Village Engineer. E. The Village encourages pooling of neighborhoods interested in repairing or replacing their sidewalks. The deadline date for pooling is March 3 of each year. F. The Village will provide funding only to the extent that Village funds for the sidewalk improvement program are available, and such availability will be at the sole discretion of the Board of Trustees. 82. Editor’s Note: This local law supersedes former Article VII, Sidewalk Improvement Program, adopted 2-15-2000 by L.L. No. 1-2000, as amended. Failure of the Board of Trustees to budget funds for repair of sidewalks shall in no way excuse any property owner from properly maintaining, repairing, constructing or replacing sidewalks in accordance with Article IV of Chapter 1 of the Croton-on-Hudson Village Code. G. After the period of the sidewalk improvement program set forth above has elapsed, all property owners who have not applied for participation in the program whose real property abuts on any public street shall be responsible for undertaking all repairs or improvements at their own expense without any Village subsidy in accordance with the provisions of § 197-2 of the Village Code and further the Village will carry out its responsibilities in accordance with §§ 197-25, 197-2 and 197-2 of the Village Code. § 197-34. Liability. In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of § 197-1 and § 197-2 of the Village Code requiring maintenance, repair, and snow and ice removal, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly, or indirectly, and shall be liable to the Village to the extent that said Village is required by law or by any court to respond in damages to any injured party. ARTICLE VIII Poles, Wires, and Pipes [Adopted 1-7-2019 by L.L. No. 1-2019] § 197-35. Definitions and word usage. As used in this article, the following terms shall have the meanings indicated herein: DOUBLE POLE — Any damaged utility pole or utility pole from which the plant has been removed, in whole or in part, which is attached or in close proximity to a new utility pole. PLANT — The cables, terminal, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service. STREET — A public street, public easement, public right-of-way, public highway, public alley, public way, sidewalk or public road. § 197-36. Permission to erect required. No telegraph, telephone or electric power or light poles or wires shall be erected over, upon, or across any street in the Village of Croton-on-Hudson, New York, except with the permission of the Village Manager or his duly designated representative and upon such terms and conditions as may be prescribed by him. § 197-37. Notice of removal; time frame for compliance. Notification; time frame for removal. A. When the Village determines that a utility pole in a Village right-of-way is damaged and poses a potential threat to the public safety, the Village shall notify any public utility with a plant on the damaged pole that it must remove its plant from the damaged pole within 15 days of receiving such notification from the Village. B. When a public utility installs a new pole that creates a double utility pole condition, the public utility shall, within 30 days of installation of the new pole, provide written notice to all other public utilities maintaining a plant on the existing pole that a new pole has been installed and that their plant on the existing pole must be relocated to the new pole within 90 days of the date of the notice. A copy of such notice shall be simultaneously provided to the Village. C. Existing poles must be removed within 120 days after installation of the new pole. Removal shall be the joint and several obligation of the public utility installing the new pole and any other public utility maintaining a plant on the existing pole. When the Village determines that a double pole is in a Village road right-of-way, the Village will notify the public utility which owns the double pole that the pole must be removed. § 197-38. Permit requirements. All permits for the installation of a utility pole(s) shall include the following provision: "The permittee shall have 120 days to remove a double pole following the installation of a new pole in its immediate vicinity. Failure to do so may result in penalties as provided in § 197-39." § 197-39. Penalties for offenses. The penalty for any violation of the provisions of this article shall be as provided in § 1-1 of Chapter 1, General Provisions. Each day that such violation continues shall constitute a separate offense. ARTICLE IX Excavations [Adopted 1-7-2019 by L.L. No. 1-2019] § 197-40. Definitions; word usage. A. The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise: APPLICANT — Any person who makes application for a permit. EMERGENCY — Any unforeseen circumstances or occurrence, the existence of which constitutes a clear and immediate danger to persons or property. PERMITTEE — Any person who has been issued a permit and has agreed to fulfill all terms of this article. PERSON — Includes any natural person, partnership, firm, association, utility, corporation or authority created pursuant to an act of the Board of Trustees. Whenever used in any section prescribing and imposing a penalty, the term "person" as applied to associations shall mean the partners or members thereof, and as applied to corporations, the officers thereof. STREET — Includes a public street, public easement, public right-of-way, public highway, public alley, public way, public road or public sidewalk accepted or maintained by the Village. SUPERINTENDENT — The person in charge of the Department of Public Works in the Village, or his authorized deputy, representative or inspector. VILLAGE — The Village of Croton-on-Hudson, New York, County of Westchester, State of New York. B. In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter. § 197-41. Permit required. It shall be unlawful for any person to make any tunnel, opening or excavation of any kind in or under the surface of any street without first securing a permit from the Village for each separate undertaking; provided, however, that any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided that the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit no later than the third business day after the work was performed on which the Village is open for business, and said permit shall be retroactive to the date when the work was begun. § 197-42. Street openings limited. No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except upon the prior written approval of the Village Engineer. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section. If the additional work is not approved by the Village Engineer, the permittee shall apply for a new permit. § 197-43. Commencement of work. Written notification to the Village Engineer and Superintendent shall be made no less than 48 hours prior to the commencement of the work covered by the permit and as soon as possible but no later than 72 hours after performing any work in a street associated with emergency conditions. § 197-44. Permits nontransferable. Permits are not transferable from one person to another, and the work shall not be made in any place other than the locations specifically designated in the permit. § 197-45. Expiration of permits. Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the Village Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Village Engineer such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work. § 197-46. Municipal utility cuts. All street openings required by utilities owned or operated by the Village shall be made and restored under the direction and supervision of the Superintendent. The permit, fee, deposit, insurance and bond requirements of this article shall not be applicable to any openings made by such municipality-owned or -operated utilities. § 197-47. State and county highways and private streets. The provisions of this article shall not be applicable in those instances where the highway is maintained by the State of New York or by the County of Westchester, or any street not accepted or maintained by the Village. § 197-48. Rights of Village. Every permit shall be granted subject to the right of the Village or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. § 197-49. Revocation of permits. A. Any permit may be revoked by the Village Engineer, after notice to the permittee, for: (1) Violation of any condition of the permit or of any provision of this article. (2) Violation of any provision of any other applicable ordinance or law relating to the work. (3) Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. A permittee may be granted a period of three days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked. B. Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail or any other method of delivery providing proof of delivery addressed to the person to be notified. C. When any permit has been revoked and the work authorized by the permit has not been completed, the Superintendent shall do such work or hire others to do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made. All expenses incurred by the Village shall be recovered from the deposit or bond the permittee has made or filed with the Village. § 197-50. Duties and responsibilities of applicants. It shall be the duty and responsibility of any applicant to: A. Make a written application for such permit with the Village Engineer on forms providing all information necessary for the administration and enforcement of this article. No work shall commence until the Village Engineer has approved the application and plan and issued a permit and until the permittee has paid and provided all fees, deposits, certificates and bonds required by this article. B. Furnish in duplicate a plan showing the work to be performed under said permit. If approved by the Village Engineer, one copy of such plan shall be returned to the applicant at the time the permit is granted. C. If requested by the Village Engineer, the applicant must supply a detailed maintenance and protection of traffic (MPT) plan, as per New York State Department of Transportation standards, showing the area of proposed work, all signage to be installed, detour routes, location of traffic control personnel, proposed lane closures, or any other requirement specified by the Village Engineer. D. If required by the Village Manager the use of Village of Croton-on-Hudson Police Department personnel may be required for additional traffic control. The expense for such personnel usage shall be paid by the applicant. The cost for the use of Croton-on-Hudson Police Department personnel shall be established by the Village Manager and the applicant shall include this cost in the deposit. E. Pay a permit fee to be determined by the Village Board by resolution and set in the fee schedule; provided, however, that if approved by the Village Manager public utilities or authorities shall be billed for such fees as they shall accrue. F. Make a deposit to cover the cost of restoring the street damaged by such work. The deposit shall also cover the Village's cost to hire a third-party inspection service/inspector to oversee the opening and restoration of any work performed in the street if in the Village's sole opinion it deems it necessary. All fees associated with this service shall be paid by the applicant prior to the issuance of any permit. The amount of deposit shall be computed by the Village Engineer and in the case of any police personnel costs by the Village Manager as provided by § 197-5 of this article. G. Furnish a performance bond as required by § 197-5 of this article. H. Furnish a certificate of insurance as required by § 197-5 of this article. I. Submit, when required by the Village Engineer, a list of addresses of all properties within a specified buffer distance of the work area where the work authorized by the permit is to be performed. J. Submit, when required by the Village Engineer, documentation that the permittee is capable of providing all materials, labor and equipment which are needed to complete such work as authorized by the permit. K. Obtain any other required Village permits and include a copy with the permit application. § 197-51. Duties and responsibilities of permittees. It shall be the duty and responsibility of any person receiving a permit to: A. Comply with all provisions of this article and conditions of the permit. B. The permittee, as a minimum, shall notify the owners and occupants of all properties abutting or adjoining the work zone of the type and schedule of the work to be performed 48 hours prior to the commencement of any work except in instances where the work is of an emergency nature that will not permit such advance notice. In emergencies where 48 hours' advance notice is impossible, property owners will be given as much notice as possible. The Village Engineer may require the permittee to notify additional property owners in a larger buffer zone around the work zone and that the notification be in writing and a copy of the written notice be provided to the Village to review before delivering to the property owners. C. Keep the original copy of the permit and an approved copy of the plan at all times while such work is in progress at the location for which said permit was granted, and show such permit and plan upon demand by the Village authorities. D. Comply with New York State Code Rule 753. § 197-52. Opening and excavation restrictions and requirements. A. No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored unless the use of steel road plates has been approved by the Village Engineer or the Superintendent. B. No excavation more than 150 feet, measured longitudinally, shall be opened in any street at any one time without permission in writing from the Village Engineer or Superintendent, and only in instances where a sufficient hardship can be shown. C. All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary. D. Pipes, drains, culverts, or other above or below ground utility facilities encountered shall be protected by the permittee. E. Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property, or a precise survey reference point or a permanent survey bench mark with the Village, shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained, in writing, from the Village Engineer. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument. F. Work performed by the permittee shall not interfere with the established drainage system of any street. Provisions shall be made by the permittee to provide proper drainage to the satisfaction of the Village Engineer or Superintendent. G. When any earth, gravel or other excavated material is caused to roll, drop, flow or wash upon any street, the permittee shall cause the same to be removed from the street no later than the end of the same work day. In the event the earth, gravel or other excavated material so deposited is not removed, the Village Engineer or Superintendent shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit. Such costs shall be determined by the Village. H. The Village Engineer or Superintendent may require that the excavation be backfilled with controlled low strength material, having a minimum strength of between 5 and 200 psi at 28 days. I. The Village Engineer or Superintendent may require that a temporary pavement repair of two inches of asphalt concrete be installed until the permanent pavement repair is made. The permittee shall maintain any temporary pavement repair. J. If requested by the Village Engineer or Superintendent, the permittee shall provide a schedule of when the permanent pavement restoration will be completed. K. The Village Engineer or Superintendent may establish a date by which the permanent pavement work needs to be completed and shall give the permittee 30 days' notice of the date. If the permittee fails to complete the permanent pavement restoration by the established date, the Village may complete permanent pavement restoration. All expenses incurred by the Village shall be recovered from the deposit and/or bond provided by the permittee under this article. L. Safety of work and traffic control zones. (1) Every permittee shall have a foreman at the work site to oversee the work including the safety of the work and traffic control zones. (2) Every permittee shall place in the work and traffic control zones such signs, channelizing devices, lighting devices and pavement markings in accordance with guidelines in the latest edition of the Cornell Local Roads Program Work Zone Safety Handbook or approved Maintenance and Protection of Traffic Plan. Additional safety requirements may be prescribed by the Village Engineer or Superintendent based on conditions in the work and traffic control zones. (3) If required by the Village Engineer or Superintendent, the permittee shall provide a trained flagger(s) to control traffic in the work and traffic control zones. Flagging operations shall be in accordance with guidelines in the latest edition of the Cornell Local Roads Program Work Zone Safety Handbook and Flaggers Handbook or approved Maintenance and Protection of Traffic Plan. Additional flaggers may be required by the Village Engineer or Superintendent based on conditions in the work and traffic control zones. (4) Whenever any permittee fails to provide or maintain any safety devices required by the permit or Village Engineer or Superintendent, such devices may be installed and/or maintained by the Village. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit. Such costs shall be determined by the Village. (5) No person shall willfully move, remove, injure, destroy or extinguish any signs, channelizing devices, lighting devices and pavement marking erected, placed or posted in accordance with the provisions of this article. M. Access to private driveways must be provided at all times when work is not actually in progress. Temporary access to driveways must be provided as needed by the property owners and their tenants at all times. Proper access must be provided at all times to fire hydrants. N. Excavated materials shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the Village Engineer or Superintendent may require the permittee to place the excavated material directly into a vehicle or container. If the excavated area causes inconveniences to pedestrians, temporary walks and, if required, fencing shall be installed by the permittee as directed by the Village Engineer or Superintendent. O. Work authorized by a permit shall be performed between the hours of 8:0 a.m. and 8:00 p.m., Monday through Saturday and between the hours of 10:0 a.m. and 8:00 p.m. on Sunday, unless the permittee obtains written consent from the Village Engineer or Superintendent to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency or special circumstances. P. In granting any permit, the Village Engineer may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance or unacceptably disrupt traffic. Such conditions may include, but shall not be limited to: (1) Limitations on the period of the year in which the work may be performed; (2) Limitations on the time of day in which the work may be performed; (3) Restrictions as to the size and type of equipment; (4) Designation of routes upon which materials may be transported; (5) The place and manner of disposal of excavated materials; (6) Requirements as to dust control, the cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof; and (7) Regulations as to the use of streets in the course of the work. § 197-53. Backfilling and pavement restoration. A. All pavement cuts, openings and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to the permit conditions and Village specifications. B. The Village Engineer or Superintendent must be notified by the permittee during the forty-eight-hour period preceding beginning of backfilling, of the date and approximate time at which backfilling will be begun. C. No backfilling shall be begun unless or until either the Village Engineer, the Superintendent or a designated Village inspector is present. D. After excavation is commenced, the work of making and backfilling the same shall be prosecuted and completed with due diligence. E. The work of the permanent restoration, including both paving surface, paving base, and subbase shall be performed by the permittee according to permit conditions and Village specifications. F. Where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another or are numerous, or where the equipment used may cause such additional damage to the pavement, the Village Manager may require a negotiated payment from the permittee for the final pavement restoration of such street if, in his opinion, the damage to the pavement will be so excessive it will require the complete resurfacing of the street area involved. Such negotiations shall be carried on and payment agreed upon prior to issuance of a permit. G. Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Village Engineer in writing. A certificate of final inspection shall be issued by the Village Engineer to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided that the work authorized by the permit has been performed according to Village specifications. Prior to the issuance of a certificate, the Village Engineer or Superintendent shall make a final inspection of the restoration to determine whether Village specifications have been adhered to. H. If any settlement in a restored area occurs within a period of one year from the date of completion of the permanent restoration, the permittee is required to correct the settlement and repair the pavement within 30 days of notification by the Village. If the contractor does not complete the work within the time frame specified, the Village has the right to make the repair. Any expense incurred by the Village in correcting such settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the Village Engineer that the settlement was not due to defective backfilling. I. In no case shall any opening made by a permittee be considered in the charge or care of the Village or any of its, officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of police power, when it is necessary to protect life and property. J. If any restoration completed by a permittee is not satisfactory to the Village Engineer or Superintendent, and the permittee shall fail to correct the work to his satisfaction, he may cause such work to be redone to his satisfaction including hiring a contractor to perform the work. All expenses incurred by the Village shall be recovered from the deposit and/or bond provided by the permittee under this article. K. If the Village Engineer or Superintendent finds that pavement surfaces outside the minimum pavement restoration limits were damaged by the permittee, the Village Engineer or Superintendent may expand the pavement restoration limits to include these damaged pavement surfaces or that these damaged pavement surfaces are otherwise repaired by the permittee to his satisfaction. L. All permanent pavement restoration shall be performed to the limits shown on the drawing of minimum pavement restoration limits which shall be approved by the Village Board of Trustees by resolution and on file in the Village Clerk's office. M. The permittee is responsible to ensure that the pavement restoration does not cause an increase in drainage flow from the restored pavement onto driveways or other surfaces adjacent to the restored pavement compared to preexisting conditions. If the pavement restoration results in an increase in drainage flow, the permittee shall correct the drainage condition to the satisfaction of the Village Engineer or Superintendent within 30 days. If the drainage condition is not corrected in 30 days, the Village Engineer or Superintendent may cause such work to be done to his satisfaction including hiring a contractor to perform the work. All expenses incurred by the Village shall be recovered from the deposit and/or bond provided by the permittee under this article. § 197-54. Deposits. A. Computation of deposits. The Village Engineer, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee; provided, however, that the deposit shall not be less than an amount to be determined by the Village Board by resolution and set in the minimum pavement restoration limits drawing. The deposit shall be paid prior to the permit being issued, and the deposit shall be used to reimburse the Village for the cost of any work and materials furnished by it in connection with the work authorized by the permit and for any other purpose set forth in this article including the cost of any police personnel services established by the Village Manager. B. Form of deposit. The deposit may be either in the form of a check, or in lawful money of the United States. C. Insufficient deposit. If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the Village an amount equal to the deficiency. If the permittee refuses or fails to pay such deficiency, the Village may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee. D. Yearly deposit. Whenever any public utility or authority shall anticipate more than one street opening or excavation per calendar year, such utility or authority may post one deposit in an amount and form as provided above for the calendar year or part thereof to cover the cost of any and all work. E. Deposit and cost schedules. The amount of deposit for street openings shall be established by the Village Engineer based on the type and nature of the proposed work and shall not be less than the minimum amount set forth in the fee schedule. F. Refund of deposit. Upon notification by the permittee that all work authorized by the permit has been completed, and after restoration of the opening and final inspection, the Village Engineer shall refund to the permittee his deposit less all costs incurred by the Village in connection with said permit and any other expenses required by this article, for which final settlement has not been made. In no event shall the permit fee be refunded once work has been undertaken. § 197-55. Bond requirements. A. Bond requirements. Each applicant prior to the issuance of a permit shall provide the Village with an acceptable bond to guarantee faithful performance of the work authorized by a permit granted pursuant to this article. The amount of the bond shall be 100% of the estimated cost of restoring the street opening as determined by the Village Engineer. The term of the bond shall begin upon the date of posting thereof and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Village Engineer. If the permittee anticipates requesting more than one permit per year as required by this article, he may furnish one continuing corporate surety bond to guarantee faithful performance in such amount as the Village Engineer deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year. B. Default in performance. Whenever the Village Engineer shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the permittee and if the bond is a surety bond to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Village Engineer to be reasonably necessary for the completion of such work. C. Completion of work. After receipt of such notice, the permittee and/or surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the Village for the cost of doing the work as set forth in the notice. § 197-56. Insurance requirements. Each applicant, prior to the issuance of a permit, shall provide the Village with acceptable documentation of insurance coverage in accordance with the Village's insurance requirements for permits on file with the Village Clerk. § 197-57. Openings in new streets. Restriction upon opening new streets. No permit shall be issued by the Village Engineer which would allow an excavation or opening in a paved and improved street surface less than three years old, unless the applicant can clearly demonstrate that public health or safety require that the proposed work be permitted or unless an emergency condition exists. § 197-58. Map requirements. A. Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses or data, to or from the Village or to or from its inhabitants, or for any other purposes, shall file with the Village Engineer such maps or sets of maps, drawn to a scale suitable for the purposes required, showing the location, size and dimensions of all such installations, whenever, in the opinion of the Village Engineer, such maps are necessary for the safe and proper undertaking of street opening work. B. Each map herein required shall be accompanied by an affidavit, endorsed thereon to the effect that the same reasonably exhibits the details required to be shown by this section as of the time of filing to the best of the permittee's knowledge and information. § 197-59. Abandoned facilities. A. Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Village Engineer a statement, in writing, giving in detail the location of the structure so abandoned. B. Each map or set of maps filed pursuant to the provisions of this article shall show in detail the location of all such structures abandoned subsequent to the filing of the last preceding map or set of maps. C. When the Village plans to pave or improve streets in which there are abandoned facilities, the owner of such facilities shall be notified to remove them if, in the opinion of the Board of Trustees, their removal is in the best interest of the Village. If the owner shall refuse to remove such facilities, the Village shall remove the abandoned facilities and the owner shall reimburse the Village for such removal. § 197-60. Penalties for offenses. The penalty for any violation of the provisions of this article shall be as provided in § 1-1 of Chapter 1, General Provisions. Each day that such violation continues shall constitute a separate offense. ARTICLE X General Sidewalk Improvement Program [Adopted 3-4-2019 by L.L. No. 4-201983] § 197-61. Purpose. The Board of Trustees of the Village of Croton-on-Hudson hereby determines that many sidewalks located within the Village are in need of significant repair. The Board of Trustees also recognizes that the repair of sidewalks can be costly and that it imposes a difficult economic hardship on the homeowner to keep the sidewalks in good repair. The Board of Trustees has determined that it is in the best interests of the Village to have properly maintained sidewalks and, therefore, has decided to assist residents in maintaining the sidewalks to the extent outlined within this article. § 197-62. Administration. Any owner of real property within the Village whose real property abuts on any public street may be eligible for the following sidewalk replacement program hereby established: A. If the sidewalk is in need of repair or replacement, the owner of said property may make application to the Village requesting that the sidewalk be repaired or replaced. A fee for the filing of said application may be established by resolution of the Village Board of Trustees and placed in the fee schedule. Applications will be processed and acted upon at the sole discretion of the Village. B. The Village will pay 40% of the actual cost for the removal and replacement of sidewalks to residents who apply during the period from June 1, 2 to May 31, 2022. These costs shall include materials and labor for the repairs and reconstruction. The prevailing rate established by the Village will be used in determining the total cost of the improvements. C. The Village Engineer or the Superintendent of Public Works shall determine the nature and extent of sidewalk repairs qualifying for reimbursement under this program. After review of the application by the Village Engineer and the determination of repairs qualifying for reimbursement, the Village Engineer will notify the applicant in writing of the contribution to be made by the property owner. After receipt of the property owner's share of the cost of the work, all repairs and reconstruction will be scheduled and performed by the Department of Public Works or its designated agent. All work shall be subject to inspection by the Village Engineer, or his designee, during construction and must be approved by the Village Engineer once completed. D. The Village encourages pooling of neighborhoods interested in repairing or replacing their sidewalks. The deadline for pooling shall be March 3 of each year. E. The Village will provide funding only to the extent that Village funds for the sidewalk improvement program are available. Such availability shall be determined at the sole discretion of the Board of Trustees. Failure of the Board of Trustees to budget funds for repair of sidewalks shall in no way excuse any property owner from properly maintaining, repairing, constructing or replacing sidewalks in accordance with Article IV of Chapter 1 of the Croton-on-Hudson Village Code. F. After the three-year period of the sidewalk improvement program has elapsed, all property owners who have not applied for participation in the program whose real property abuts on any public street 83. Editor's Note: This local law added this new material as Art. VIII, §§ 197-35 through 197-37. The article was renumbered as Art. X and the sections renumbered as §§ 197-61 through 197-6 to accommodate the addition of Arts. VIII and IX (§§ 197-35 through 197-60) by L.L. No. 1-2019. shall be responsible for undertaking all repairs or improvements at their own expense without any Village subsidy in accordance with the provisions of § 197-2 of the Village Code. Further to this, the Village shall carry out its responsibilities in accordance with §§ 197-25, 197-2 and 197-2 of the Village Code. G. Any owner who no longer has a physical sidewalk on his or her property, but can document that such a sidewalk previously existed may also be eligible to make application under this program based upon the feasibility of reestablishing such sidewalk at the discretion of the Village Engineer and Superintendent of Public Works. § 197-63. Liability. In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of §§ 197-1 and 197-2 of the Village Code requiring maintenance, repair and snow and ice removal, the owner or occupant shall be liable to all persons injured, or whose property is damaged directly, or indirectly, and shall be liable to the Village to the extent that said Village is required by law or by any court to respond in damages to any injured party. § 197-63 CROTON-ON-HUDSON CODE (RESERVED)