[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.
[Amended 12-7-1964][1]
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.
A.
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.
B.
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.
C.
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.
A.
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.[1]
B.
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.
C.
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.
D.
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:
A.
Materials and mix.
(2)
Fine aggregate shall meet the requirements of ASTM
C 33.
(4)
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:
(5)
Water shall be clear and free of injurious amounts
of oil, acids, alkali, organic matter or other deleterious substances.
B.
Excavation.
(1)
Excavation shall be made to the required depth and
to a width that will permit the installation and bracing of the forms.
(2)
Subbase shall be thoroughly compacted and all soft
spots removed and replaced by run of crusher stone.
(3)
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.
C.
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.
D.
Installation.
(1)
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.
(2)
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.
(3)
The concrete shall be finished to produce a brushed
finish.
(4)
No concrete is to be laid when the temperature is
lower than 45° F.
E.
Joints.
(1)
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.
(3)
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.
G.
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.
H.
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.
A.
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.
B.
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.[1]
C.
The owner and the occupant shall be jointly and severally
responsible for compliance with the provisions hereof.
D.
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.
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.
B.
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.