[Adopted 8-25-1981 by L.L. No. 4-1981]
[Amended 10-8-1985 by L.L. No. 6-1985; 11-27-2018 by L.L. No. 5-2018]
A. 
Unless otherwise provided in § 125-38 below, all sidewalks within the Village of Waverly hereafter constructed, repaired, replaced, improved or otherwise altered shall be constructed of cement concrete material or flagstone material of a quantity and quality approved by the Village Board of Trustees or individual appointed by the Board of Trustees. The use of any other materials for the purposes set forth above is prohibited and constitutes a violation of this article.
B. 
All such sidewalks hereafter constructed shall have a minimum width of five feet and a minimum depth of four inches for concrete and for flagstone a minimum width of five feet (or 59 inches for cut stone) and a minimum depth of 1 1/2 inches, (further specifications set forth below in § 125-38B) except sidewalks on Elizabeth Street, on Broad Street (between Loder Street and Pennsylvania Avenue), and on Fulton Street (between Elizabeth Street and the Pennsylvania State line), where such sidewalks shall be constructed under the supervision of the Village Board of Trustees or individual appointed by the Board of Trustees who shall be responsible for approval and laying of grade in accordance with specifications approved by the Board of Trustees of the Village.
[Added 10-8-1985 by L.L. No. 6-1985; amended 11-27-2018 by L.L. No. 5-2018]
A. 
Repairs made upon sidewalks by property owners may, in some situations, be made with asphalt-type material, provided that each of the following conditions is met:
(1) 
The sidewalk to be repaired consists of asphalt.
(2) 
The area of sidewalk to be repaired is smaller than the size of one section of sidewalk five feet in width and five feet in length.
(3) 
The Village Board of Trustees or individual appointed by the Board of Trustees approves the method of repair.
B. 
When using flagstone for sidewalk construction, repair, replacement, or improvements, the material will be of a quantity and quality approved by the Village Board of Trustees or an individual appointed by the Board of Trustees. The construction of stone flagging shall be as follows:
(1) 
The sidewalk shall be flagged with natural cleft stone or saw-cut thermal stone not less than 1 1/2 inches thick, nor less than two feet by two feet nominal cut. Said flagstone shall be well laid, dry set in sand, gravel or crushed stone number 1 base of at least six inches thick.
(2) 
Joints shall be no more than 1/2 inch and filled in with sand or stone dust with the total combined thickness of the stone dust, setting bed and bluestone being at least six inches in total thickness.
(3) 
Minimum sidewalk width for all new sidewalks to be five feet (or 59 inches due to nominal cut stone). Where the minimum recommended five-foot width is not possible due to site conditions (example going around a tree or tree roots), a minimum three-foot width section of sidewalk may be installed with minimum five-foot square passing areas spaced no more than 200 linear feet apart, as per ADA guidelines.
(4) 
Where the sidewalk joins the next property's sidewalk, the above stone minimum width may be smaller depending on what is needed to properly abut with the adjoining property's sidewalk. The thickness of the flagstone must remain 1 1/2 inches thick.
(5) 
Variances to the above specifications will be considered on an individual case-to-case basis, after a presentation to the village.
(6) 
Variances to existing stone sidewalks will be considered on an individual case-to-case basis, after a presentation to the Village.
(7) 
At crosswalk ramps, a concrete section of sidewalk large enough for "detectable warning" strips (detectable strips to be set by the Village) is needed as approved by the Village Board of Trustees.
[Added 10-8-1985 by L.L. No. 6-1985]
Prior to the construction, repair, replacement, improvement or other alteration of any sidewalk within the Village of Waverly, the property owner must obtain a sidewalk permit from the Village Clerk for the Village of Waverly, said permit being obtainable upon request at the Village Hall Annex, 362 Broad Street, Waverly, New York. Failure to obtain a sidewalk permit prior to any activity set forth in § 125-37 or 125-38 above is prohibited and constitutes a violation of this article.
[Added 10-8-1985 by L.L. No. 6-1985]
The Superintendent of Streets for the Village of Waverly shall have the authority to allow the construction of sidewalks with a width of less than five feet if, in the opinion of the Superintendent, after taking into consideration the widths of other sidewalks in the area of the sidewalk to be constructed, a width of five feet would be inconsistent with the other sidewalks in the area.
[1]
Editor's Note: Former § 125-41, Rebates, was repealed 5-13-1986 by L.L. No. 2-1986.
A. 
It shall be the duty of each owner and/or occupant of property in the Village of Waverly to keep sidewalks abutting such property in a safe condition and in good repair.
B. 
Replacement.
(1) 
If the Board of Trustees shall determine that a sidewalk should be replaced, it shall cause a notice in writing to be served upon the property owner and/or occupant specifying the time within which such sidewalk must be constructed or replaced, such time to be not less than 10 days from the date of service of such notice, the notice to specify the location of the sidewalk to be constructed or replaced and the manner of such proposed construction.
(2) 
If an owner or occupant shall not construct or replace the sidewalk as required by the notice, the Board of Trustees may cause the sidewalk to be constructed or replaced, whichever the case may be, and assess upon the adjoining land the entire cost chargeable to such construction or replacement in the manner provided by law. Nothing in this subsection shall prevent the Village of Waverly from paying for any portion or all of a sidewalk under a state or federal grant for sidewalk replacement.
[Amended 6-10-1997 by L.L. No. 5-1997]
C. 
Newly laid concrete sidewalks must be covered for three (3) days, and salt sealer must be applied.
[Amended 11-27-2018 by L.L. No. 5-2018]
D. 
Repair.
(1) 
If the Board of Trustees shall determine that a sidewalk is in need of repair, it shall cause a notice in writing to be served upon the adjoining property owner and/or occupant specifying the time within which such sidewalk must be repaired, such time to be not less than 24 hours from the date of service of such notice, the notice to specify the location of the sidewalk to be repaired and the manner of such repair.
(2) 
If the owner or occupant shall not make the specified repairs within the time designated, the Board of Trustees may cause the repairs to be made and assess upon the adjoining land the entire expense of such repair in the manner provided by law.
A. 
Penalties.
[Amended 6-14-1988 by L.L. No. 1-1988; 9-23-2008 by L.L. No. 1-2008]
(1) 
Any person who shall violate this article by constructing a sidewalk or replacing an existing sidewalk with materials other than cement concrete or flagstone or who shall fail to keep sidewalks abutting property owned and/or occupied by him in a safe condition and in good repair shall, upon conviction thereof, be subject to a fine.
[Amended 11-27-2018 by L.L. No. 5-2018]
(a) 
First offense: up to $250 and/or up to 15 days in jail.
(b) 
Second offense for the same violation within two-year period: minimum fine of $100 and up to $350 and/or up to 15 days in jail.
(c) 
Third offense for the same violation within two-year period: minimum fine of $200 and up to $700 and/or up to 15 days in jail.
(d) 
Fourth offense for the same violation within two-year period: minimum fine of $300 and up to $1,000 and/or up to 15 days in jail.
(2) 
Subsequent violations. If a period of two or more years has passed since the defendant's last conviction for violating provisions of this article a subsequent conviction will be subject to a first offense fine.
B. 
Any person who fails to abate any violation of this article after notice of such violation shall be subject to a penalty of $100 for each day said violation continues recoverable by suit brought by the village.
C. 
Each day such violation continues after notice of such violation shall constitute a separate offense punishable by a like fine or penalty.