[HISTORY: Adopted by the Town Board of the Town of Grand Island as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1954 (Ch. 39 of the 1963 Code)]
No person shall make any cut, hole, tunnel or similar excavation in, or under the streets, highways, sidewalks or public places of the Town of Grand Island, unless such person shall first obtain from the Town Highway Superintendent permit therefor. No such permit shall be issued unless proper application shall have been made in the manner and upon the form provided therefor by the Town.
The Town may require an indemnity bond as a condition precedent to the issuance of such permit, or may require as a condition precedent thereto the deposit in cash of such amount as the Board may determine necessary to cover the probable expense to the Town of the replacement by the Town, of the street, highway, sidewalk or public place.
Violation of this article shall be an offense. Any violation of this article shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both fine and imprisonment.
[Adopted 7-6-1999 by L.L. No. 3-1999 (Ch. 35 of the 1963 Code)]
Pursuant to the Municipal Home Rule Law, the Town Board of the Town of Grand Island does hereby enact the following article respecting sidewalks in the Town of Grand Island.
Sidewalks will be required along the entire street frontage of all major subdivision lots or parcels located in a sanitary sewer district. Such sidewalk shall be installed when the parcel is developed or at such time that the Board shall direct such sidewalk to be installed to accommodate pedestrian movement and public safety. Sidewalks along Town highways shall be located in conformance to the standard details established by the Town Engineer. Sidewalks along a state or county highway shall be located in accord with a work permit issued by that agency.
Sidewalks in nonsewered residential areas will not be required unless the Board shall determine that pedestrian movement in such area is sufficient to warrant the installation of sidewalks for public safety. If such a determination is made, the Board shall direct the installation of sidewalks in conformance to these regulations.
Sidewalks will be required along the entire frontage of commercially zoned lots or parcels where deemed necessary for pedestrian movement and public safety as the Board shall direct. Where required, sidewalks shall be installed at the time of development along the entire street frontage of any lot or parcel as part of an approved site plan, or where deemed necessary for continuity and public safety, across the full frontage of vacant parcels in compliance with a plan approved by the Board under § 200-a of the Town Law.
Sidewalks shall be a minimum of six feet wide on streets located in commercial areas and shall be four feet on all streets located in residential areas unless otherwise required by applicable law or regulation.
The elevation of the sidewalk shall be the curb elevation plus 1/2 inch per one foot for the distance measured from the curbline to the inner line of the sidewalk. Where no curb exists, the elevation of the crown of the roadway shall be used in place of the curb elevation. Drives shall be so graded that the portion occupying the space reserved for sidewalks shall meet the requirements for sidewalks. Where no grades have been established, or where local conditions warrant a deviation from the foregoing, the Town Engineer shall establish lines and elevations.
Within the street right-of-way where any sidewalk and/or drives exist in the same block, additional sidewalks and/or drives shall conform to those existing in such blocks or to the ruling of the Town Engineer.
No person shall construct or grade a sidewalk on any street, avenue or alley until he shall have obtained a written permit to do so from the Code Enforcement Officer, which permit shall determine and specify the slope, grade, width and location of the sidewalk.
Sidewalks shall be of concrete and constructed to the following specifications:
Materials and mix.
Fine aggregate shall meet the requirements of ASTM C 33.
Proportions of mix. It is the intent of this specification to produce a sidewalk mix that will achieve maximum durability and the greatest possible resistance to freezing and thawing. The concrete mix used must be air entrained concrete and must comply with the following requirements:
Water shall be clear and free of injurious amounts of oil, acids, alkali, organic matter or other deleterious substances.
Excavation shall be made to the required depth and to a width that will permit the installation and bracing of the forms.
Subbase shall be thoroughly compacted and all soft spots removed and replaced by run of crusher stone.
When a fill exceeding one foot in thickness is required, it shall be thoroughly compacted by tamping in layers not exceeding six inches. All fill shall be compacted by a minimum one-half-ton roller before application of concrete.
Forms. Forms shall be metal or wood, straight, free from warp and of such construction that no displacement from alignment will occur during placement of concrete. All forms shall extend for the full depth of the concrete and shall be rigidly held to line and grade by stakes or braces.
A four-inch bed of compacted No. 1 or No. 2 crushed stone shall form the foundation course. The foundation course shall be thoroughly moistened immediately prior to the placing of the concrete. Concrete shall be placed in forms in accordance with the requirements of the New York State Department of Transportation specifications and shall be compacted in an approved immersion-type mechanical vibrator. Forms shall be left in place for 24 hours or until the concrete has set sufficiently so that they can be removed without injury to the sidewalk.
Concrete shall be placed in one course to a minimum thickness of six inches across driveways and a minimum thickness of four inches in all other locations, in such a manner as to prevent segregation.
The concrete shall be finished to produce a brushed finish.
No concrete is to be laid when the temperature is lower than 45° F.
Transverse contraction or control joints shall extend to the full depth of the slab filled with a one-half-inch premolded resilient joint filler and spaced not to exceed 40 feet apart. The edges of such joints shall be finished with an edging tool having a one-fourth-inch radius.
Full depth isolation joints shall be formed around all appurtenances such as manholes, water valves, etc., and at all joints between sidewalks, curbs, buildings, etc. Premolded resilient joint filler, one-half-inch thick, shall be installed in those joints.
Backfilling. After the concrete has set, any excavated areas or voids created by the forms shall be backfilled with good quality topsoil or other material approved by the Town Engineer.
Reinforcement. If the location of the sidewalk is such that upheaval is likely or is subject to vehicular traffic as in a parking lot, steel reinforcement in the form of wire mesh may be required by the Town Engineer.
The owner or occupant of any premises fronting or abutting on any street or highway shall repair, keep and maintain the sidewalk of such premises, whether located in the highway right-of-way or on private property, free and clear from snow, ice, dirt or other obstructions. Any such owner or occupant shall be liable for any injury or damage by reason of omission, failure or negligence to repair, keep and maintain such sidewalk or to remove snow, ice or other obstructions therefrom.
In the event that such snow and ice is frozen so hard that it cannot be removed without material difficulty or injury to such sidewalk, such owner or occupant shall cause sufficient sand, salt or other suitable material to be spread thereon so as to provide a safe path at least two feet in width the entire length thereof. As soon thereafter as weather permits, such owner or occupant shall thoroughly clean said sidewalk.
The owner and the occupant shall be jointly and severally responsible for compliance with the provisions hereof.
Use of vehicles on sidewalks. No person, firm or corporation shall drive, ride or leave any vehicle, as defined in the Vehicle and Traffic Law, upon any portion of any sidewalk except in crossing the same for the purpose of entering or leaving any premises.
A violation of this article is hereby declared to be a violation punishable in accordance with the fee schedule.
A violation of this article is hereby declared to be a violation punishable by a fine not exceeding $1,000 or imprisonment of not more than one year, or both.
Enforcement. This article shall be enforced by the Code Enforcement Officer. No building permit shall be issued by the Code Enforcement Officer except in compliance with the provisions of this article.