N.Y.
Village Law Section 6-632
Incumbering streets
- encroachments
1.
May regulate the use of sidewalks, stores, house and other building fronts; may regulate and prohibit the erection and construction of any stoop, steps, platform, curb pumps, bay windows, stairs, cellar, area, areaway, descent to or ascent from any building or any projection from any building in, to, upon, over or under any street or public place; may control, regulate and prohibit the building, use and occupancy of any cellar, underground areaway or excavation under the sidewalk or street or any part thereof, including tanks for the storage of gasoline, kerosene or other oils and may provide terms and conditions of any permitted use; may control and prohibit and remove any grating, manhole cover, or other construction in the walks or streets.2.
If the front or other exterior wall of any building erected on or before the first day of January, nineteen hundred forty, in any village encroaches not more than six inches upon any street or highway, no action or proceeding to compel the removal of such wall shall be instituted or maintained by or on behalf of the village, or by or on behalf of any person claiming an easement in or title to the portion of the street or highway on which such wall encroaches, unless such action or proceeding be commenced within the period of one year from the time this act takes effect, and unless within such period a notice of the pendency of such action or proceeding, describing the property on which said building stands and indexed against the owner thereof, be filed in the office of the clerk of the county in which the property lies.3.
If the front or other exterior wall of any building erected after the first day of January, nineteen hundred forty, in any village encroaches not more than six inches upon any street or highway, no action or proceeding to compel the removal of such wall shall be instituted or maintained by or on behalf of the village, or by or on behalf of any person claiming an easement in or title to the portion of the street or highway on which such wall encroaches, unless such action or proceeding be commenced within the period of one year from the time of the serving of a notice as hereinafter provided, and unless within such period a notice of the pendency of such action or proceeding, describing the property on which said building stands and indexed against the owner thereof, be filed in the office of the clerk of the county in which the property lies. Any person having an interest in the property on which such building stands may serve a notice on the village clerk, village mayor or any village trustee of the village in which said property lies, setting forth a brief description of the property, his interest therein, and the existence of an encroachment on the street or highway. Such notice, together with proof or admission of service thereof, shall be filed in the office of the clerk of the county in which such property lies. The clerk shall index and record such notice as if it were a notice of the pendency of an action and shall collect the usual fees for recording and indexing a notice of the pendency of an action.4.
If no action be brought within the period hereby limited therefor the owners and encumbrancers of such property shall be deemed to have an easement for the maintenance of the encroaching wall so long as the said wall shall stand, and no longer.5.
If the front or other exterior wall of any building erected on or before the first day of January, nineteen hundred sixty-five in any village encroaches not more than six inches upon any village street or village highway, the local legislative body of any village may authorize the maintenance of such encroachment by ordinance during the period of time the encroaching wall is in existence; provided, however, that such authorization shall not confer any right or claim to be asserted against such village or the state.6.
The owner of real property upon which the front or exterior wall of any building thereon encroaches upon any village street or highway, may submit a request, in writing, to the board of trustees of such village for authorization to maintain such front or exterior wall during the time such wall is in existence.7.
Upon presentation of such request, notice thereof shall be given to the superintendent of public works, who shall recommend to the board of trustees the proposed action on such request. Within thirty days of the presentation of such request, the board of trustees shall determine if the granting of such request shall adversely impact upon the users of the village street or highway. In the event a determination is made that such encroachment does adversely impact upon the use of the village street or highway, such request shall be denied. In the event a preliminary determination is made that such encroachment may have no adverse impact upon the use of the village street or highway, the board of trustees of such village shall within, thirty days after the issuance of such preliminary finding, hold a public hearing upon such request, which public hearing shall be conducted upon not less than ten days notice to the public. In addition to such public notice, the owners of property, as determined from the last completed assessment roll, within five hundred feet of the property as measured from the intersections of the property lines with the village street or highway shall be given notice by certified mail of such public hearing.8.
If, upon the completion of the public hearing, the board of trustees determines that such front or exterior wall does not interfere or impede the right of the public to use such village street or highway, the board of trustees may grant to the owner of such property a license to continue to maintain such front or exterior wall during the period such wall is in existence; provided however, such village shall have the authority to revoke such license at any time in the event the board of trustees determines that such village street or highway will be improved and as a result of such improvement the front or exterior wall will then impede, interfere with or obstruct traffic or the use of the village street or highway; provided, further, that such license shall not confirm any right or claim against such village. In such event the owner of the property shall be given notice of the proposed action and shall within the time set forth in the notice, remove such front or exterior wall from the village street or highway.9.
Upon the abandonment of the building or in the event such building, because of a lack of care, enters a state of disrepair, the owner thereof shall remove such front or exterior wall upon notice from the village.10.
The authority granted to a village pursuant to subdivisions six, seven, eight and nine of this section may, by local law, be assigned to any department or agency of the village.
Source:
Section 6-632 — Incumbering streets; encroachments, https://www.nysenate.gov/legislation/laws/VIL/6-632 (updated Sep. 22, 2014; accessed Apr. 13, 2024).
