Village of Freeport, NY Article IV Sidewalk and Curb Construction

[Adopted 5-9-1966 as portion of Ch. 21 of the 1966 Code]

§ 180-26 Permit required; exception; fees.

A. Generally. No person not recognized as a duly qualified sidewalk contractor shall be authorized to construct any sidewalk or curb on or adjacent to any street, highway, public place or other Village properties, and such persons, before engaging upon such work, must first file a sketch with the Building Department and obtain a permit authorizing such construction from the Village Clerk.

B. Exception. Nothing herein contained shall deny the right of the owner or occupant to repair the sidewalk contiguous to the lot upon which such dwelling is situated, provided that:

(1) The area to be repaired shall not exceed 40 square feet.

(2) Application for authority to make the repair shall be made to the Village Clerk, who shall grant a permit therefor upon the posting of insurance as provided in § 180-28 hereof for such permit.

(3) The repair shall be made in conformity with the grades and shall consist of materials to meet the standards prescribed by the Village Engineer.

C. Fees. The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for a permit to construct a new sidewalk or curb or to repair an existing sidewalk or curb.

[Amended 2-26-1990 by L.L No. 31-1990]

§ 180-27 Approval of contractor, license fee.

[Amended 11-26-1973; 11-22-1982 by L.L. No. 16-1982]

A. License fee. A duly qualified sidewalk contractor is one whose qualifications, as required of applicants for licenses by the terms of § 138-2, have been examined and approved by the Village Engineer. The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for a sidewalk contractor's license or a renewal thereof.

[Amended 2-26-1990 by L.L. No. 32-1990]

B. The contractors shall construct the sidewalk and curb pursuant to the specifications of the Village Engineer and shall also provide for the replacement of any defective work done by the licensee.

C. Expiration. All licenses issued hereunder shall expire on July 31.

§ 180-28 Insurance requirements.

[Amended 3-22-1982 by L.L. No. 5-1982]

A. No licensed sidewalk contractor shall perform any work hereunder unless there shall be on file with the Village Clerk a certificate of insurance issued by an insurance company licensed to do business in the State of New York, and affording coverage as minimally set forth below. Such certificate of insurance shall contain a provision that coverage will not be reduced, canceled or nonrenewed unless the Village of Freeport Village Clerk is given at least 10 days' written notice thereoL

(1) Comprehensive personal liability and property damage liability coverage, including deletion of the U-exclusion (underground property damage hazard).

(a) Limits of $500,000 per occurrence personal injury liability and $250,000 property damage liability.

(b) In the alternate, $1,000,000 combined single limit personal injury and property damage liability. The preceding limits can be made up by a primary and excess/umbrella-type policy.

(2) Workers' compensation: statutory limit.

B. The licensed sidewalk contractor also agrees to hold the Village harmless against any and all liability, including defense costs, resulting from personal injury and/or property damage caused by the licensee, his agents or his employees in the performance of such work.

C. A certificate of insurance evidencing such incidental contractual coverage in the limits and manner above specified shall be furnished the Village and shall indicate the Village of Freeport as an additional insured.

§ 180-29 Obtaining of grade; fees; permit.

[Amended 8-20-1973]

A. Curb and sidewalk to conform. No person shall construct or cause or permit to be constructed a curb or sidewalk unless the same shall be constructed in accordance with the line and grade, which shall have been obtained from the Village Clerk, and according to specifications as adopted by the Board of Trustees.

B. Fees. Upon application to the Village Clerk for such line and grade, a fee shall be paid to the Incorporated Village of Freeport in accordance with a schedule of fees established by the Board of Trustees, and each fee shall be based upon the prevailing wage rates of the New York State Department of Labor.

[Amended 5-11-1981 by L.L. No. 11-1981]

C. Permit required. No person shall make any excavation, place any installation or alter grades in the area between the curb and property line, including the sidewalk area, without making application and receiving a permit therefor from the Village Clerk.

§ 180-30 Regulation of curb cuts.

A. The following restrictions shall apply to curb cuts:

(1) Location. Curb cuts must be at least three feet from the nearest property line to provide separation of driveways between adjacent property owners. Curb cuts must also be at least three feet from the nearest utility pole or hydrant. Curb cuts must also be at least five feet from the beginning of the curb radius at an intersection. In no case can part of a curb cut be located in the corner radius.

[Amended 5-23-1988 by L.L. No. 3-1988]

(2) Width. No curb cut shall exceed 20 feet in width at the property line.

(3) Intervals between cuts. There shall be a minimum of five feet between curb cuts at the curb.

(4) Cuts on state, county and town roads. On state county and town roads, approval of the appropriate authority must be presented before a permit will be issued for a curb cut.

B. Unusual circumstances. Where, in unusual circumstances, extraordinary hardships would result from a strict adherence to these provisions, upon application by the applicant to the Superintendent of Public Works, such relief may be granted by the Superintendent of Public Works as may alleviate the hardship without violating the spirit of this article.

[Amended 5-23-1988 by L.L. No. 4-1988]

§ 180-31 Permit to be available for inspection.

Each permit issued in pursuance of this article shall be in the personal possession of the parties actually prosecuting the work at all times and available for inspection.

§ 180-32 Protection of construction area.

Every person who constructs a sidewalk or curb shall guard any excavation or work by guardrails, red signal lights or any other means as may be necessary to warn pedestrians and others of the danger to be approached.

§ 180-33 Ramps for handicapped persons.

[Added 7-19-1976 by L.L. No. 6-1976]

Section 330 of the New York State Highway Law and the regulations of the Commissioner of Transportation, specifically Subchapter D, Part 170, require that ramps for the handicapped shall be provided at each curbed intersection and midblock crosswalk where curbs are to be constructed or reconstructed, and that sidewalks shall exist or be planned to exist for this to apply.

A. Wherever reference is made, in §§ 180-26 to 180-32, inclusive, of this Code, to construction of sidewalk and/or curb, it shall also be construed to include ramps for the handicapped, except § 180-30, Curb cuts. This latter section shall not apply to ramps for the handicapped.

B. A minimum distance of five feet shall separate a curb cut for a ramp for the handicapped from a driveway curb cut.

C. The cost for construction of ramps for the handicapped shall be paid for as follows:

(1) Specification Type 1: The property owner shall pay for the cost of installation of a conventional sidewalk and curb. The Village shall pay for the excess construction cost above that for a conventional sidewalk for the installation of a ramp. The cost of the curb shall be paid for by the property owner.

(2) Specification Type 2: The Village shall pay for the cost of the ramp for the handicapped. The cost of the curb shall be paid by the property owner.