Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
[Adopted 11-6-1989 (Ch. 37, Art. IX, of the 1979 Code)]
The objective of this policy is to conserve the existing sidewalk to the maximum extent possible, to provide for a systematic rebuilding and expansion program for sidewalks in the Village and to provide a procedure for exceptions to the general policy.
The Mayor shall choose members of the community to serve on a Sidewalk Advisory Committee, or such duties shall be referred to an existing Village committee, to be approved by the Village Board. The Committee shall:
[Amended 4-15-2002 by L.L. No. 4-2002]
Recommend priority for the replacement or extension of sidewalks.
Recommend standards for sidewalk maintenance and construction.
Provide advice on related topics as requested by the Mayor.
In establishing its recommendations, the Committee shall consider the condition of the existing sidewalk, the degree of hazard present and the density of use on that sidewalk.
[Amended 4-15-2002 by L.L. No. 4-2002]
Prior to granting a building permit for a construction or reconstruction project, whose estimated cost is at least $25,000, the condition of the existing sidewalk shall be assessed. If the sidewalk is found to be in a condition not adequate, the building owner shall be responsible for rebuilding the sidewalk to Village standards as part of the project, and a certificate of occupancy shall not be granted until rebuilding is completed. If the estimated cost of the sidewalk exceeds 10% of the estimated cost of the building construction project, the Village may pay for some portion of the additional cost, upon recommendation of the Sidewalk Advisory Committee. Appeals for exception of this provision may be made on application to the Village Board.
Each year the Village Board shall budget an appropriate amount for sidewalk reconstruction and/or extension.
Priority for construction shall be recommended by the Sidewalk Advisory Committee.
To the maximum extent possible, whole block lengths or significant fractions of blocks shall be replaced at one time.
The new sidewalk shall be built using standards adopted by the Village Board on recommendation of the Sidewalk Advisory Committee. These standards shall include width, pitch for water drainage, materials, setback from road curb, driveway aprons, regrading of adjacent lawns and other standards as may be necessary.
The Village of Delhi shall be responsible for all costs associated with sidewalk reconstruction under this section of the policy.
If a particular property owner refuses to cooperate with sidewalk reconstruction, the condition of the existing sidewalk shall be documented and photographed, and the property owner shall be notified, in writing, that the Village of Delhi will not be held liable for injuries caused by the condition of the sidewalk.
If a property owner wishes to have his sidewalk leveled or rebuilt before it reaches the top of the priority list, or if he wishes it to be rebuilt of materials that are more expensive than the established standards (e.g., slate), the Village of Delhi may pay up to 50% of the cost of such work upon approval by the Village Board. Such approval will be made on a case-by-case basis, without establishing a precedent, and shall be based on the condition of the existing walk, the degree of hazard present, the density of use, funding available in the Village budget and any aesthetic factors that might make alternate materials appropriate.