[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Editor's Note: Section 161 of the old Village Law referred to here was repealed by P.L. 1972, c. 892.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 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.
(2) 
The sizes shall be well graded approximately as follows:
(a) 
Maximum size shall be one inch.
(b) 
Not more than 5% shall pass a four-mesh screen.
(c) 
Intermediate sizes shall not have been removed and shall be well proportioned between maximum and minimum size limitations.
(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.