[Adopted 1-7-1991 as part of L.L.
No. 1-1991]
The Board of Trustees may from time to time
by resolution require the construction or repair of sidewalks or curbs
along streets and highways in the Village of Massapequa Park at the
expense of the abutting owners or otherwise upon such notice and pursuant
to the authority and requirements of § 161 of the Village
Law, as amended.[1]
[1]
Editor's Note: Section 161 of the old Village
Law referred to here was repealed by P.L. 1972, c. 892.
No sidewalk, curb or gutter shall be constructed
or permitted to be constructed along any street or highway in the
Village unless such construction shall be of concrete and conform
to lines and grades furnished by the Village Engineer and in conformity
with all of the specifications and requirements hereinafter set forth.
All sidewalks, curbs and gutters constructed
on any privately owned street or on any streets of a new development
shall be subject to these regulations and must comply in all respects
with the regulations governing streets the title of which is vested
in the Village. Failure to comply with these regulations will constitute
sufficient cause for the Village to reject any proffered dedication
of such streets.
A.
All newly constructed houses shall be required to
have sidewalks in front of said houses according to the rules, regulations
and specifications of the Incorporated Village of Massapequa Park.
B.
All houses or property which is renovated or restructured
in any manner whatsoever, with actual construction costs in excess
of $3,000, and which house or property does not have sidewalks shall
be required to have sidewalks in front of the same according to the
rules, regulations and specifications of the Incorporated Village
of Massapequa Park. Any bills, records or other papers requested or
demanded by the Village from said homeowner as to said construction
costs shall be furnished to the Village within 10 days after said
request or demand.
C.
This section is being enacted pursuant to the authority
of the Board of Trustees of the Incorporated Village of Massapequa
Park to require that sidewalks be installed, be constructed and be
placed in front of a residential house or home.
D.
This section does not apply to any district designated
as Business GG District.
A.
Permit required. No sidewalk, curb or gutter shall
be constructed or work thereon commenced until the owner of the premises
in front of which such sidewalk, curb or gutter is to be constructed,
or the authorized agent of the owner, shall have obtained a permit
therefor. Applications for such permit shall be made in writing to
the Village in such form as may be required by the Board of Trustees.
No permit issued by the Village shall be valid or become operative
until signed by the Village Engineer after furnishing the required
line and grade, unless otherwise directed by resolution of the Village
Board. The permit here required shall not be confused with the permit
required for street openings and sidewalk obstruction. No drain or
drains shall be constructed which lead from any building or buildings
across any sidewalk in any street, road or roadway in this Village
without permission having first been obtained from the Village Clerk.
B.
Costs to be paid. At the time of making application to the Village for a permit to construct sidewalk, curb or gutter, the owner or his agent shall pay to the Village a fee as provided in Chapter A350, Fees.
C.
Availability of permit. The permit shall be kept at
the site of the work and shall be made visible to any officer or agent
of the Village.
D.
Issuance and duration of permit. The permit shall
be issued by the Village only upon the representation of the owner
or his agent of his or their immediate intention to construct a sidewalk
and/or curb. Said permit shall be considered to have expired on the
11th day succeeding the date thereon or the eighth day succeeding
the date of the Engineer's certification thereon.
E.
Separate permits. Separate permits shall be secured
for each parcel or plot of land unless the several plots in front
of which sidewalks and/or curbs are to be constructed are contiguous.
F.
Corner lots. Where it is desired to construct a sidewalk
or curb on corner plots on both streets, the engineering fee shall
be calculated on the sum of the two frontages.
G.
Repairs. Notwithstanding any of the provisions of
this section, a permit shall be issued without charge and no inspection
shall be required when the work to be done is the repair or replacement
of an existing sidewalk and/or curb of not more than 25 linear feet.
H.
Certificates required. No permit shall be issued until
the contractor shall file with the Village Clerk certificates showing
that:
(1)
Said contractor carries workmen's compensation insurance
to adequately cover all of said contractor's employees; and
(2)
Said contractor carries public liability insurance
to protect said contractor and any subcontractors doing work and to
protect the Village of Massapequa Park from any claims for personal
injuries, including accidental death, which may arise out of the work
to be performed pursuant to said permit, said public liability insurance
to be in an amount of not less than $1,000,000 per person and not
less than $2,000,000 per occurrence. The Village of Massapequa Park
shall be named as an additional insured on said policy or policies
and a copy of a certificate of insurance must be provided to the Village
of Massapequa Park at least five days prior to the commencement of
any work or labor to be performed by any contractor or subcontractor.
[Amended 12-9-1996 by L.L. No. 21-1996; 3-10-1997 by L.L. No. 6-1997]
During the construction of the sidewalk or curb,
the Village may inspect the work and materials being used for which
the permit was issued. Such inspection may include checking for compliance
with line or grade, workmanship, safety measures and protection of
the public and adjoining properties. If the work is not being done
in accordance with the requirements of this article, the Village may
stop the work and order the owner to have the improper work corrected.
[Amended 6-12-2000 by L.L. No. 11-2000]
A.
Planting trees, shrubs or hedges. No trees, shrubs or hedges shall be planted within the sidewalk area in front of or adjacent to any private premises, including all areas in any development, a map for which has been filed or may hereafter be filed with the Village of Massapequa Park, without first obtaining a permit for an approved tree from the Superintendent of Public Works. In case of existing trees, shrubs or hedges located within the sidewalk areas, the owners or occupants of the premises in front of or adjacent to which such trees, shrubs or hedges are located shall be responsible for their maintenance, as provided in Subsection B.
B.
Removing shrubs and hedges and repairing damage to
sidewalks caused by roots.
(1)
It shall be the duty of every owner, tenant or other
occupant of any house or structure, and every owner or person entitled
to possession of any vacant lot, to remove trees, shrubs or hedges
when required by the Village authorities and to keep trees, shrubs
and hedges in front of or adjacent to their premises and within the
sidewalk area trimmed so that overhanging limbs will not interfere
with passersby on the sidewalk, such limbs to be kept trimmed at all
times to allow a passage space of not less than eight feet above the
center of the sidewalk.
(2)
It shall also be the duty of every owner, tenant or
other occupant of any house or structure, and every owner or person
entitled to possession of any vacant lot, to repair any sidewalk or
curb in front of or adjacent to such premises damaged by tree, shrub
or hedge roots located in front of or adjacent to said premises, whether
or not within the property line or sidewalk area.
(3)
The Village authorities may from time to time by resolution require the removal or trimming of any trees, shrubs or hedges within the sidewalk area or overhanging the same and the repair of sidewalks or curbs damaged or encumbered by such roots in the same manner and upon notice as provided for the repair or construction of sidewalks and curbs in § 298-29 hereof.
C.
Injuring, destroying or removing trees. No person
shall in anyway injure, destroy or remove any shade tree of over 10
feet in height without first securing the written approval of the
Superintendent of Public Works of the Village of Massapequa Park.
[Added 6-12-2000 by L.L. No. 11-2000]
No person shall plant any species of trees except
those designated on the approved tree list to be maintained by the
Department of Public Works.
[Added 6-12-2000 by L.L. No. 11-2000]
No person shall mutilate, injure, destroy or
cause to be destroyed any shade or ornamental tree or shrub or disturb
any guard protecting such tree or shrub planted upon any street, park
or other public place of said Village.
[Added 6-12-2000 by L.L. No. 11-2000]
A.
No firm or corporation, public service, water, light
or power company, telephone company or television company, utility
or any other municipality other than the homeowner of record or his
authorized agent shall cut or trim any shade or ornamental tree in
any street, park or other public place within the Village of Massapequa
Park without first obtaining a permit from the Superintendent of Public
Works.
B.
Such permit shall be issued only if the applicant:
(1)
Identifies the particular trees to be cut or
trimmed in a specified area within the Village shown with reasonable
particularity on the application.
(2)
Substantiates that the proposed work is necessary
to maintain safe, reliable and efficient utility service, to protect
public safety or to protect property.
(3)
Provides the identity and address of the contractor
performing the proposed work and the name of the individual who will
be supervising the proposed work and the date or dates when the proposed
work is to be performed, together with a verified copy of the contractor's
license to perform work in Nassau County and a certificate of insurance
signed by the insurance company issuing same in the name of the contractor.
(4)
Pays the required fee set by resolution of the
Board of Trustees.
C.
In reviewing an application, the Superintendent of
Public Works shall ensure that only such amount of the trees is cut
or trimmed as necessary to protect property, preserve public safety
and to ensure that such cutting or trimming is necessary to maintain
utility service provided to Village residents.
D.
The permit fee shall be applied for annually in January
of each year regardless of the number of trees that are affected by
such permit. Such permit shall be effective until December 31 of each
year.
E.
In the case of an emergency or other exigent circumstances
where it is necessary to immediately restore or maintain service to
Village residents, a utility company will not be required to obtain
a permit under this section, but must obtain oral approval from the
Superintendent of Public Works. If such oral approval cannot be obtained
after good faith efforts, the utility company may proceed with the
tree trimming work but must then obtain oral approval from the Superintendent
of Public Works as soon as practicable.
[Added 6-12-2000 by L.L. No. 11-2000]
A.
Removal required. It shall be the duty of the Superintendent
of Public Works of the Village of Massapequa Park to cause any poplar
trees, willow trees, swamp maple trees or any other trees not growing
in any street in the Village of Massapequa Park which are causing
any damage to any water conduit, sewage main or storm drain belonging
to the Village of Massapequa Park or the Town of Oyster Bay or the
County of Nassau or the State of New York to be forthwith removed,
and it shall be further the duty of the Superintendent of Public Works
of the Village of Massapequa Park to cause to be removed any poplar
trees, willow trees, swamp maple trees or any other trees growing
on any property within 25 feet of a water conduit, sewage main or
storm drain belonging to either the Village of Massapequa Park, the
Town of Oyster Bay, the County of Nassau or the State of New York
and which are causing any damage to such water conduit, sewage main
or storm drain, after giving to the owner of the property on which
such tree is or trees are located five days' written notice by mail
of his intention.
B.
Duty of owner or occupant. It shall be the duty of
each owner or occupant of real property within the Village of Massapequa
Park to afford access to such property to the Superintendent of Public
Works of the Village of Massapequa Park or his employees or appointees
for the purpose of inspecting any tree or removing the same in accordance
with the provision of this article.
[Added 6-12-2000 by L.L. No. 11-2000]
A.
No tree shall be planted along any street in the Village
of Massapequa Park nearer than 25 feet to the point of intersection
of the curb of such street with the curb of any other street.
B.
No tree shall be planted nearer than one foot to the
established curbline or outside line of the sidewalk.
C.
No trees shall be planted less than 20 feet apart
or within 20 feet of any existing tree.
D.
No tree shall be planted unless the trunk is at least
two inches in diameter when measured one foot above the ground.
E.
No bush, plant, shrub or any kind of planting shall
be placed or maintained in front of any premises between the sidewalk
and curbing on any street or public place.
F.
No tree, bush, plant or shrub shall be planted, placed
or maintained on any private premises, nor shall any tree be planted,
placed or maintained between the sidewalk and the curbline in or on
any street or public place, that obstructs or in any way interferes
with a clear view of the public highways for both pedestrians and
operators of any vehicles, nor shall any tree be maintained not having
a proper clearance of at least eight feet above the sidewalk.
[Added 6-12-2000 by L.L. No. 11-2000]
A.
Any person committing an offense against this chapter
or any section or provision hereof shall be guilty of a violation
punishable by a fine not exceeding $250 or imprisonment for a period
not exceeding 15 days, or by both such fine and imprisonment, for
each tree illegally removed or substantially altered. Each such violation
shall constitute a separate offense and shall be punishable as such
hereunder.
B.
In addition, this chapter may be enforced by civil
action for monetary damages and/or for an injunction, and any person
who has violated or permitted a violation of this chapter may be directed
by the Village to replace any trees removed, destroyed or substantially
altered in violation of this chapter with new trees having a diameter
not less than two inches when measured six inches above the ground
level; and, where such direction has been made, no building permit
or certificate of occupancy shall be issued for structures on said
real property until such replacement has been completed or a guaranteed
replacement bond has been posted.
All sidewalks, curbs and gutters shall be maintained
at the grade established by the Village Engineer. No ashes, cinders
or other material shall be placed in the roadway in such a manner
as to interfere with the proper drainage. The grade of the ground
between the sidewalk and curb shall be maintained sufficiently low
to allow the free passage of stormwater from the sidewalk into the
street.
[Amended 5-12-1997 by L.L. No. 8-1997]
A.
Each owner and occupant of any house or other building,
and any owner or person entitled to possession of any vacant lot,
and any person having charge of any church or any public building
in the Village shall keep the sidewalk in front of the lot or house
free from obstruction by snow or ice and icy conditions, and shall
at all times keep the sidewalk in good and safe repair and maintain
it in a clean condition and free from filth, dirt, weeds or other
obstructions or encumbrances, and such owner or occupant and each
of them shall be liable for any injury or damage by reason of omission,
failure or negligence to make, maintain or repair such sidewalk or
for a violation or nonobservance of the ordinances relating to making,
maintaining and repairing sidewalks, curbstones and gutters.
[Amended 6-29-2004 by L.L. No. 9-2004]
B.
In case of failure to comply with the above, such
owner and/or occupant shall be subject to the penalties or offenses
against this article as hereinafter provided. In addition to said
penalties, in case of a failure to remove such accumulations within
24 hours, the Superintendent of Public Works or the Board of Trustees
may cause the same to be removed at the expense of such owner and/or
occupant and assess the expense upon such adjoining property.
C.
The adjoining owner and/or occupant of the house adjoining
any sidewalk or curb shall have the sole and exclusive duty to keep
said sidewalks and curbs in good repair.
D.
Whenever the Superintendent of Public Works of the
Incorporated Village of Massapequa Park or any other authorized employee
of the Incorporated Village of Massapequa Park shall determine that
an unsafe or dangerous condition exists or that repairs to a sidewalk
or curb on a street, highway or road in the Incorporated Village of
Massapequa Park are necessary, the Superintendent of Public Works
or other authorized employee of the Incorporated Village of Massapequa
Park is hereby authorized and directed to cause notice to be served
upon the owner or owners and/or occupant or occupants of the lands
adjoining such street, highway or road where such sidewalk or curb
is located. Such notice shall direct that repairs to said sidewalk
or curb be made within 21 days of the date of such notice.
E.
Whenever notice or notices is referred to in Subsection D above, were or have been served upon the owner or owners and/or occupant or occupants of the lands and such owner or owners, occupant or occupants shall not cause the repairs to be made at the sidewalk or curb as required by notice, the Superintendent of Public Works or other authorized Village employee is hereby authorized and directed to cause the repairs to be made as required by the notice. The Superintendent of Public Works or other authorized Village employee is hereby authorized to perform such work or repairs or cause a contract or contracts to be let therefor and to pay therefor from the funds of the Village of Massapequa Park.
F.
Whenever the owner or owners and/or occupant or occupants
shall make the repairs called for said notice, he/she shall submit
drawings and obtain a permit as required. The Village Superintendent
of Public Works may require such bonds or deposits and issue such
permit subject to such terms and conditions as he/she may consider
for the necessary protection of the Village and Village property by
not in excess of requirements for the issuance of a permit for work
required under the ordinance regulating such work.
G.
Whenever such repairs are to be made under the provisions of Subsection E above, this article and by contract, the provisions of Subsection F above of this article and in respect to obtaining permits and powers of the Superintendent of Public Works of the issuance of a permit shall apply to the contractor for such work.
H.
In the event that the charges therefor for said repairs
are not paid to the Superintendent of Public Works or the Board of
Trustees, then the Village is hereby granted the right to assess such
expense against the adjoining property with the same force, effect
and legal status as an assessment for benefit. The same shall constitute
as a lien against the owner and/or occupant of the said real property.
I.
The validity of any word, section, clause, paragraph,
sentence, part, or provision of this section shall not affect the
validity of any part of this section which can be given after without
such invalid part or parts.
J.
This section shall take effect immediately upon the
filing according to law.
No person, firm, association or corporation
who is the owner, occupant or lessee of any premises abutting on any
street, avenue or highway in the Village of Massapequa Park, Nassau
County, New York, shall place, keep, permit or suffer to be placed
or kept on any sidewalk in front of, adjoining or adjacent to such
premises any goods, wares or merchandise of any description, but nothing
contained in this Article shall prohibit persons from placing goods,
wares or merchandise or household furniture on the sidewalk temporarily
while loading or unloading the same, provided that it shall be done
without unreasonable delay, and provided that such goods, wares and
merchandise are not allowed or permitted to remain on said sidewalk
within the prohibited area for a longer period than one hour.
A.
General.
(1)
All sidewalks shall be four feet in width in residential
areas; and in business areas, including nonconforming business use
areas, such sidewalks shall be constructed so as to cover the full
area between the curb and the property line, unless otherwise directed
by the Superintendent of Public Works, and shall not be less than
four inches thick in areas zoned for residential use and not less
than five inches thick in areas zoned for business use. All sidewalks
shall be constructed in one course. Where crossed by driveways, all
sidewalks shall not be less than six inches thick through the width
of the driveway.
(2)
All curbs shall be 18 inches in depth and not less
than six inches thick.
(3)
Concrete gutters shall not be less than 18 inches
wide and six inches thick and shall be built in one course.
B.
Excavation. All topsoil and loam or impervious material
and all tree roots, stumps, rock, sod, broken concrete and like matters
encountered in a subgrade must be removed for a depth of not less
than four inches below the bottom grade of the proposed construction
and the excavation refilled with sand, gravel or cinders well tamped
into place. No concrete shall be placed on a frozen subgrade or one
which is soft or springy.
C.
Composition. The mixture for concrete in construction
of sidewalks, curbs or gutters shall conform to the following specifications:
Concrete for curbs, sidewalks and gutters shall consist of one part
portland cement, two parts fine aggregate and four parts coarse aggregate.
D.
Cement. All cement shall conform to the standard specifications
of the American Society for Testing Materials, Serial Designation
C-9-30 or subsequent amendments thereto.
E.
Fine aggregate. Sand shall be clean, free of gravel,
uncoated and shall not contain more than 3% by weight of clay or loam
nor any vegetable matter, silt or other deleterious matters. No more
than 5% shall pass a one-hundred-mesh screen. Not more than 25% shall
pass a fifty-mesh screen. One hundred percent shall pass a four-mesh
screen.
F.
Coarse aggregate.
(1)
Gravel or broken stone shall be clean, hard, durable
and free of elongated, thin or laminated particles. It shall contain
no vegetable or other deleterious substances.
(3)
The use of pit- or bank-run gravel will be permitted
at the discretion of the Village where the ratio of fine materials
to coarse is approximately that required for the specified mix.
G.
Water. Water used shall be free of oil, alkali, acid
or vegetable matter.
H.
Mixing and placing.
(1)
Ingredients of the concrete shall be measured separately
in approved receptacles. All materials shall be thoroughly mixed for
not less than one minute in an approved mechanical mixer. Mixing by
hand will not be accepted except in an emergency and in the repair
or replacement of an existing sidewalk or curb of not more than 25
linear feet and in the case of other minor repairs. The maximum water
content, including moisture contained in the aggregate, will be 5
1/2 gallons of water per cubic foot of cement. The concrete when in
place shall be thoroughly worked to expel the air, fill voids and
secure continuous contact with the forms. All voids of honeycomb appearing
after forms are removed shall be plastered with mortar.
(2)
Concrete shall not be allowed to stand more than 20
minutes before being placed between the forms. Retempering and remixing
are expressly forbidden. Care shall be exercised in placing concrete
to prevent any segregation of materials.
(3)
All forms shall be of lumber at least two inches thick
or of steel and of sufficient strength to resist the pressure of the
wet concrete and any external pressure applied while placing and finishing
the concrete. All forms shall be held rigidly in place by stakes or
braces, with top edges set true to line and grade and held with suitable
clamps or pins to prevent displacement.
I.
Joints.
(1)
Sidewalks shall be cut into rectangular sections.
No plain concrete section shall be longer than six feet on any one
side. Where division plates have been used, they shall be removed
after the concrete has hardened sufficiently to avoid breaking the
edges or corners of the slabs. Where division plates have not been
used, the partially set concrete shall be cut through to the subgrade.
(2)
All surface edges of concrete slabs shall be tooled
so as to be rounded to a radius of approximately 1/4 inch.
(3)
Expansion joints shall be constructed for the full
depth of the concrete. They shall not be less than 1/2 inch wide and
spaced not more than 20 feet apart. Expansion joints shall also be
provided at intersecting sidewalks or curbs and along the curb in
business areas where the sidewalk extends from the building line to
the curb.
(4)
Curbs shall have dummy joints at intervals not exceeding
10 feet and expansion joints at intervals not exceeding 20 feet. Expansion
joints shall not be less than 1/2 inch wide and shall extend clear
through the concrete so as to completely separate adjoining sections.
(5)
Gutters shall have dummy and/or expansion joints as
directed by the Engineer, rules for which are not set forth herein.
Persons desiring to construct gutters will be required to abide by
specifications which will be prepared by the Village Engineer to fit
the conditions. All requirements set forth herein are minimum.
J.
Finishing.
(1)
A curb shall be struck off true to the cross section
required, after which it shall be finished smooth by means of a wooden
float. Face forms shall be left in place until the concrete has set
sufficiently so that they can be removed without injury to the curb.
The exposed face of the curb will be finished smooth by means of a
moist wooden float or a moist wet brick. The edges shall be rounded
with an edging tool.
(2)
All sidewalks shall be finished by screeding with
a light weight-type hand screed which will push the surplus concrete
ahead of it. Any depressions or voids created will be immediately
filled in and such surfaces will be rescreeded. The surface shall
then be completed by floating the concrete with hand floats, taking
care to leave a minimum of float marks. All edges shall be rounded
with a steel edging tool to a minimum radius of 1/4 inch.
(3)
Curing. All cement work exposed to a hot summer sun
as soon as finished must be covered from the sun for two days and
kept moist by sprinkling morning and afternoon until thoroughly set.
K.
Protection. The contractor shall protect the concrete
from damage by all elements, including rain, freezing, pedestrians,
animals, falling leaves, etc. Suitable methods shall be employed to
cover the work and to erect barricades and red lights at night.
L.
Cleaning up. Upon completion the contractor or owner
must remove all forms, neatly fill the space occupied by the forms
and remove all excess dirt. Where the ground adjoining the sidewalk
is high or low, the contractor shall leave an earth or other ramp
to provide safe access to and from the walk. The entire site shall
be left in a clean, orderly manner, all obstructions removed and the
work be made otherwise safe for pedestrian movement.
[Amended 6-13-1994 by L.L. No. 16-1994]
This article shall be enforced by the Board
of Trustees of the Village of Massapequa Park under the rules and
regulations adopted by it. For every violation of the provisions of
this article, the owner of the property adjacent to which such violation
has been committed or shall exist and the owner, general agent or
contractor, lessee or tenant of any part of a building or premises
to which such violation has been committed or shall exist and the
general agent, builder, contractor or any person who commits, takes
part or assists in such violation or who maintains any property adjacent
to any such violation shall, for each and every violation and for
each and every day that such violation continues, be subject to a
fine of up to the maximum fine allowed by law, and in addition thereto,
any person violating the provisions of this article or any part thereof
shall be and is hereby declared to be disorderly person.
