Town of Hempstead, NY
chevron_right
2023-05-09
info
chevron_right
PART VII: STREETS, VEHICLES AND TRAFFIC
chevron_right
Chapter 181 Sidewalks, Roads and Streets
chevron_right
Part 1 Sidewalks
chevron_right
Article I Obligation of Abutting Owner
- PART I: ADMINISTRATIVE LEGISLATION
- DIVISION 1: GENERAL ADMINISTRATIVE PROVISIONS
- Ch 1 General Provisions
- Ch 2 Enforcement of Ordinances
- Ch 3 Apprenticeship Training Programs for Town Contracts
- Ch 4 Local Laws: Adoption
- Ch 5 Access to History Records
- Ch 6 Liability of Town
- Ch 7 Elections on Propositions
- Ch 7A Reapportionment of Councilmanic Districts
- Ch 8 Tort Liability Reserve Fund
- Ch 9 Judgment Lien Protective Law
- Ch 10 Taxation: Partial Exemption of Real Property for Certain Persons With Limited Income
- Ch 10A Taxation: Partial Exemption for Members of Volunteer Fire Departments and Voluntary Ambulance Services
- Ch 10B Taxation: Veterans' Real Property Exemption
- Ch 10C Real Property Tax Relief for Cold War Veterans
- Ch 10D Superstorm Sandy Tax Relief
- Ch 11 Defense and Indemnification of Town Officers and Employees
- Ch 12 Taxation: Exemption for Improvements to Accommodate Disabled
- Ch 13 Continuity of Government
- Ch 14 Taxation: Exemption of Capital Improvements
- Ch 15 Compensation of Town Employees
- Ch 16 Councilmembers: Increase in Number
- Ch 17 Deputy Receiver of Taxes
- Ch 18 Board of Appeals
- Ch 19 Town Comptroller: Additional Powers
- Ch 20 Records Management
- Ch 21 Deputy Supervisor
- Ch 22 Waterways Improvement: Public Hearing on Benefit Assessments
- Ch 23 Community Residential Facilities
- Ch 24 Official Seal
- Ch 25 Taxation: Partial Exemption for Disabled Persons With Limited Incomes
- Ch 26 Taxation: Exemption for Gold Star Parents
- DIVISION 2: PUBLIC EMPLOYEES AND EMPLOYEE RELATIONS
- Ch 27 Empire Zones
- Ch 28 Department of Human Resources
- Ch 29 Merit Award Board
- Ch 30 Employment of Volunteer Workers
- Ch 31 Qualifications of Certain Town Officers
- Ch 32 Public Employee Relations
- Ch 33 Mass Mailing Restrictions
- Ch 34 (Reserved)
- Ch 35 Grievance Procedure for Town Employees
- Ch 36 Whistleblower Protection Act
- Ch 37 Disciplinary Hearings
- Ch 38 Ethical Standards
- Ch 39 Governmental Transparency
- Ch 40 Salaries of Town Employees: Deductions
- Ch 41 (Reserved)
- Ch 42 (Reserved)
- Ch 43 (Reserved)
- Ch 44 (Reserved)
- Ch 45 Health Insurance for Town Employees
- Ch 46 (Reserved)
- Ch 47 (Reserved)
- Ch 48 Retirement Incentive Program
- Ch 49 (Reserved)
- DIVISION 3: GOVERNMENTAL DEPARTMENTS
- Ch 50 Department of Industry and Commerce
- Ch 51 Department of Senior Enrichment
- Ch 52 Department of Buildings
- Ch 53 Department of Conservation and Waterways
- Ch 54 Department of Information and Technology
- Ch 55 Cemeteries
- Ch 56 Department of Civil Service
- Ch 57 Department of Parks and Recreation
- Ch 58 Department of Planning and Economic Development
- Ch 59 Department of Engineering
- Ch 60 Drug and Alcohol Addiction
- Ch 61 Office of Tourism
- Ch 62 Department of Purchasing
- Ch 63 Department of Public Safety
- Ch 64 Department of Occupational Resources
- Ch 65 Compliance Officer
- Ch 66 Department of General Services
- Ch 67 Highway Department
- Ch 68 Department of Sanitation
- Ch 69 Department of Water
- DIVISION 4: WATER RULES AND REGULATIONS
- Ch 70 Department of Water, Rates and Regulations
- Ch 71 (Reserved)
- Ch 72 Enforcement of Water Conservation
- Ch 73 (Reserved)
- Ch 74 Community Choice Aggregation Energy Program
- Ch 75 (Reserved)
- PART II: PUBLIC PLACES
- Ch 76 Landmarks Preservation
- Ch 77 Public Places, Regulation of
- Ch 78 Parks
- Ch 79 Protection of Housing Authority Properties
- Ch 80 Public Parking Fields
- Ch 81 (Reserved)
- Ch 82 Shopping Carts Abandoned in Public Places
- Ch 83 (Reserved)
- PART III: BUILDINGS AND STRUCTURES
- Ch 84 Master Electricians
- Ch 85 Board of Architectural Review
- Ch 86 Building Construction Administration
- Ch 87 Dwelling Access
- Ch 88 Housing and Rehabilitation Code
- Ch 89 Elevator Inspection Procedure
- Ch 90 Dangerous Buildings and Structures
- Ch 91 Public Nuisances
- Ch 92 Fallout Shelters
- Ch 93 Maximum Fines for Violations of Building Zone Ordinance
- Ch 94 Emergency Lighting and Power
- Ch 95 Maintenance of Vacant Buildings
- Ch 96 Places of Public Assembly: Licensing
- Ch 97 Public Indecency
- Ch 98 (Reserved)
- Ch 99 Registration and Permitting of Property
- Ch 100 Condominium Conversions
- Ch 101 Temporary Moratorium in the Transit-Oriented Development District for North Lawrence and Inwood
- Ch 101A Temporary Moratorium in the Neighborhood Business Overlay District for North Lawrence and Inwood
- PART IV: BUSINESS AND ENTERTAINMENT
- Ch 102 Auctions and Auctioneers
- Ch 103 Bingo
- Ch 104 Games of Chance
- Ch 105 Special Events
- Ch 106 Clothing Bins
- Ch 107 Christmas Tree Sales
- Ch 108 (Reserved)
- Ch 109 Laundromat Refunds
- Ch 110 Gasoline Emergency Abatement
- Ch 111 Junk Dealers
- Ch 112 (Reserved)
- Ch 113 Control and Regulation of Secondhand Dealers
- Ch 114 Memorial and Independence Days
- Ch 115 (Reserved)
- Ch 116 Open-Air Markets
- Ch 117 Parades
- Ch 118 Peddlers and Solicitors
- Ch 119 (Reserved)
- Ch 120 Riding Stables
- Ch 121 Smoking, Cannabis and Cbd
- Ch 122 Sunday Exhibitions
- Ch 123 (Reserved)
- Ch 124 Theaters and Theater Matrons
- Ch 125 (Reserved)
- Ch 126 (Reserved)
- Ch 127 (Reserved)
- PART V: GARBAGE, REFUSE AND NUISANCES
- DIVISION 1: GARBAGE AND RUBBISH
- Ch 128 Garbage and Rubbish
- Ch 129 Graffiti Control
- Ch 130 (Reserved)
- Ch 131 (Reserved)
- DIVISION 2: USE OF PROPERTY
- Ch 132 Flammable and Combustible Liquids
- Ch 133 Liquefied Petroleum Gases
- Ch 134 Portable Swimming Pools
- Ch 135 (Reserved)
- Ch 136 Trespassing
- Ch 137 (Reserved)
- Ch 138 Smoke
- Ch 139 (Reserved)
- Ch 140 Earth and Soil Removal
- Ch 141 (Reserved)
- Ch 142 Wireless Telecommunications Facilities
- Ch 143 (Reserved)
- Ch 144 Unreasonable Noise
- Ch 145 (Reserved)
- Ch 146 Hazardous Excavations
- Ch 147 (Reserved)
- Ch 148 Sandbanks, Pits and Quarries
- Ch 149 (Reserved)
- DIVISION 3: EXPLOSIVES
- Ch 150 Explosives
- Ch 151 (Reserved)
- DIVISION 4: DOGS AND CATS
- Ch 152 Animal Shelter and Control Division
- Ch 153 (Reserved)
- PART VI: CONSERVATION AND WATERWAYS
- Ch 154 Environmental Quality Review
- Ch 155 Boats and Seaplanes
- Ch 156 Houseboats and Floating Homes
- Ch 157 Clams, Oysters or Worms
- Ch 158 (Reserved)
- Ch 159 Dredging
- Ch 160 Precautions Against Oil Spills
- Ch 161 Illicit Discharges
- Ch 162 (Reserved)
- Ch 163 Marinas and Docks
- Ch 164 Public Wetlands Preservation
- Ch 165 Freshwater Wetlands
- Ch 166 Shellfish
- Ch 167 Dune Protection Zone
- Ch 168 Structures in Waterways
- Ch 169 Swimming From Town Docks
- Ch 170 Coastal Erosion Hazard Areas
- Ch 171 (Reserved)
- Ch 172 Intentional Release of Balloons
- PART VII: STREETS, VEHICLES AND TRAFFIC
- Ch 173 Abandoned Vehicles
- Ch 174 Abandonment of Vehicles During Snow Emergencies
- Ch 175 Excavations in Streets
- Ch 176 Roll-Off Containers
- Ch 177 Materials: Deposit
- Ch 178 (Reserved)
- Ch 179 Bicycle Riding on Certain Structures
- Ch 180 Play Streets
- Ch 181 Sidewalks, Roads and Streets
- Ch 181 Pt 1 Art I Obligation of Abutting Owner
- § 181-1 Regulation by Town Board.
- § 181-2 Requirements of construction.
- § 181-3 New developments.
- § 181-4 Trees.
- Ch 182 Streets: Construction of Curb Cuts and Driveway Entrances
- Ch 183 Tow Cars
- Ch 184 Tree Preservation
- Ch 185 Taxicabs and Limousines
- Ch 186 Failure to Stop for School Buses
- Ch 187 (Reserved)
- Ch 188 (Reserved)
- Ch 189 (Reserved)
- Ch 190 Vehicle Speed Limits
- Ch 191 (Reserved)
- Ch 192 Weight Restrictions: Commercial Vehicles
- Ch 193 (Reserved)
- Ch 194 (Reserved)
- Ch 195 Pavement Markings
- Ch 196 (Reserved)
- Ch 197 Vehicular Use of Streets
- Ch 198 Tow-Away Zones
- Ch 199 Parking Fields, Private
- Ch 200 (Reserved)
- Ch 201 (Reserved)
- Ch 202 Parking
- Ch 203 (Reserved)
- Ch 204 (Reserved)
- Ch 205 (Reserved)
- Ch 206 (Reserved)
- Ch 207 (Reserved)
- APPENDIX
- Apx A221 Building Code Administration
- DISPOSITION LIST
- Ch DL Disposition List
[Amended 11-27-1956, effective 12-17-1956]
The Town Board may, from time to time, by resolution, require
the construction or repair of sidewalks along streets, roads, highways
and parkways in the Town of Hempstead, as well as the construction
of sidewalks along state highways within the Town of Hempstead and
the repair of sidewalks constructed by the state along state highways
in the Town of Hempstead, at the expense of the abutting owners or
otherwise, upon such notice and pursuant to the authority or requirements
of §§ 130, Subdivision 4, and 200-a, of the Town Law
of the State of New York, as amended.
No sidewalk, curb or gutter shall be constructed or permitted
to be constructed or repaired along any street, road, highway or parkway
in the Town of Hempstead unless such construction shall be of concrete
and conform to the lines and grades furnished by the Town Engineer
and in conformity with all of the specifications and requirements
established by rules and regulations of the Town Board.
All sidewalks, curbs, gutters or driveways constructed on any
privately owned street, highway or parkway of a new development shall
be subject to these regulations and comply in all respects with the
regulations covering streets, the title of which is vested in the
Town. Failure to comply with these regulations shall constitute sufficient
cause for the Town to reject any proffered dedication of such streets.
[Added 11-27-1951, effective 11-27-1951, and 11-27-1956, effective 12-17-1956; amended 3-16-1982 by L.L. No. 30-1982, effective 3-22-1982; 5-19-1998 by L.L. No.
22-1998, effective 5-26-1998; 3-9-2004 by L.L. No. 28-2004,
effective 3-22-2004; 8-5-2014 by L.L. No. 65-2014, effective 8-12-2014]
A.
No tree shall be planted within the sidewalk area in front of or
adjacent to any private premises except trees whose root systems normally
will not cause damage to sidewalks, curbs or utility installations.
B.
For the purpose of this section, the term "sidewalk" shall include
all land lying between the curbline of the public highway and the
building line of the premises abutting thereon which has been surfaced
or improved with concrete or other paving material.
C.
Fee for noncommercial permit. A fee of $25 shall be charged to obtain
a permit for the planting of any tree abutting a noncommercial property.
D.
Fee for commercial permit. A fee of $150 shall be charged to obtain
a permit for the removal, planting or replacement of any tree abutting
a commercial property.
