[Amended 10-11-2006 by L.L. No. 3-2006]
No person occupying any private dwelling and no person owning
or exclusively controlling any other premises, either vacant or improved,
shall permit any sidewalk in front of or contiguous to such premises
to remain covered, obstructed or encumbered with ice, snow, dirt,
filth, weeds, rubbish, litter, debris or other obstructions or encumbrances
for more than two hours after a reasonable opportunity has been had
to remove same. In undertaking such action, no person or entity shall
deposit or cause to be deposited any such ice, snow, dirt, filth,
weeds, rubbish, litter, debris or other obstructions or encumbrances
upon any street, roadway and/or highway within the Incorporated Village
of Mineola.
[Amended 9-9-1992 by L.L. No. 11-1992[1]]
No person owning and/or occupying any premises shall allow any
sidewalk, path and/or public thoroughfare in front of or contiguous
to such premises to become or remain in any condition which might
reasonably endanger any person, after receiving actual or constructive
notice thereof. If such sidewalk, path and/or public thoroughfare
shall not have been repaired or put in a safe condition within a reasonable
time after receipt of such actual or constructive notice, the Board
of Trustees may serve a notice upon the owner or occupant of such
premises, specifying the place, manner and time, not less than 24
hours, within which said sidewalk, path or public thoroughfare is
required to be repaired or put in a safe condition. If the owner and/or
occupant of such premises shall not repair the sidewalk, path and/or
thoroughfare within the time required by the notice, the Board of
Trustees may cause the sidewalk, path and/or public thoroughfare to
be repaired or to be otherwise put in a safe condition and assess
the expense thereof upon the adjoining land, and such assessment shall
be made and collected in the same manner as the making and collection
of any other assessment as prescribed by the provisions of the Village
Law.
[Added 9-9-1992 by L.L. No. 10-1992]
In the event that the owner and/or occupant of any premises abutting a sidewalk, path and/or public thoroughfare shall fail to comply with the provisions of § 458-12 of this article, and personal injury or property damage shall result from such failure, said owner and/or occupant of the premises shall be liable to all persons who are injured and/or whose property is damaged as a result of such noncompliance.
A.
Written permit required. No person shall construct or cause any street,
sidewalk, curb, apron, gutter or combined curb and gutter to be constructed
upon any public place without first obtaining a written permit from
the Board of Trustees and thereafter complying with the general construction
plans on file in the Village office and the specifications hereinafter
set forth.
B.
Dedication. The Village of Mineola will not accept the dedication
of any street, road or avenue unless a permit, as herein provided,
is obtained before construction of any of the above improvements and
unless said improvements are constructed in accordance with the aforementioned
plans and specifications.
C.
Application for permit. The application for the permit shall be made
in writing to the Department of Building and Code Enforcement and
shall specify the location where the proposed street, sidewalk, curb,
apron, gutter or combined curb and gutter is to be laid and the length
of the proposed construction in linear feet. The application for the
permit shall be accompanied by a fee established by resolution of
the Board of Trustees.
D.
Curb cut. No person shall cut away, break or remove any existing
curb or part thereof without first obtaining a written permit from
the Board of Trustees.
E.
Curb cut permit. The application for such permit shall be accompanied
by a fee and a cash deposit established by the Board of Trustees to
ensure proper restoration. The deposit shall not be returned until
the restoration has been approved by the Board of Trustees.
F.
Restoration. If a restoration acceptable to the Board of Trustees
is not made within a reasonable time after notice to the depositor,
the Board of Trustees may cause a proper restoration to be made and
the deposit to be applied to the cost thereof.
A.
Sidewalks.
(1)
All sidewalks shall be constructed in accordance with the lines and
grades furnished by the Village Engineer and the specifications on
file in the office of the Superintendent of Public Works. In the absence
of such specifications, the specifications of the New York State Department
of Transportation shall be deemed sufficient.
(2)
All stakes for lines and grades set by the Village Engineer shall
be left undisturbed until after the enforcement officer has inspected
and approved the construction.
(3)
All sidewalks constructed within areas designated as residential
districts on the Official Zoning Map of the Village of Mineola shall
be four feet in width, and all sidewalks constructed within areas
designated as business or industrial districts on said Zoning Map
shall be at least 10 feet in width, except where physical conditions
prevent construction of a sidewalk of that width, and, under such
conditions, the sidewalk shall be as wide as the physical conditions
permit.
B.
Curbs.
(1)
All curbs shall be constructed in accordance with the lines and grades
furnished by the Village Engineer.
(2)
All stakes for lines and grades set by the Village Engineer shall
be left undisturbed until after the enforcement officer has inspected
and approved the construction.
(3)
All curbs shall be at an elevation of two inches below the inside
edge of sidewalks, unless otherwise specified by the Village Engineer.
(4)
The foundation shall be an eight-inch bed of gravel or cinders.
(5)
The curb shall be 18 inches in depth, six inches wide at the top,
and nine inches wide at the bottom.
(6)
The specifications governing sidewalk construction shall also apply
to the curbs. Corners are to be neatly rounded and trimmed. A three-quarter-inch
expansion joint shall be cut through the entire curb at least every
50 feet.
(7)
The inside face of the curb shall be vertical.
C.
Combined curb and gutter.
(1)
All curb and gutter shall have a width of three feet from the outer
edge of the gutter to the back of the curb.
(2)
The specifications governing sidewalk construction shall also apply
to the curb and gutter. A three-quarter-inch expansion joint shall
be cut through the entire combined curb and gutter at least every
50 feet. All corners and edges are to be neatly rounded and trimmed.
E.
Aprons, ramps or driveway approaches. All aprons, ramps or driveway
approaches shall conform to the aforementioned plans, and the specifications
governing the construction of sidewalks shall apply to the ramp, apron
or driveway approach.
F.
Bituminous penetration pavement.
(1)
Trench. A trench shall be prepared, and a foundation course of trap
rock or dolomite, of which the largest stone shall not be more than
2 1/2 inches nor the smallest less than two inches, shall be
spread to a uniform depth of five inches, loose measure. This stone
shall be placed with forks and in no case combed down and spread outward
from the pile as originally dumped from the truck. The utmost care
shall be exercised to place this stone in position free and clean.
(2)
Rolling. When the above course is placed, true to form and grade,
it shall be lightly rolled until the stone has been settled and keyed
into place, care being exercised to secure a condition wherein the
surface is still open and porous to allow the penetration of the binder.
The rolling shall begin at the side of the pavement and continue toward
the crown. If any unevenness or depressions appear during the rolling,
extra stone shall be added to remedy the same. The above course shall
not be rolled unless the stone is perfectly dry.
(3)
Application of bituminous penetration. An application of Texaco No.
96 paving cement, or equivalent, at a temperature of not more than
325° F. or less than 250° F. shall be spread upon the surface
of the stone. This bituminous penetration shall be spread from a mechanical
pressure distributor, with a spreader nozzle, in the proportions of
1 3/4 gallons to a square yard. It shall be spread in such a
way as to secure uniformity of distribution and to coat the surface
of the stone adjacent to the voids. Additional quantities shall be
used if necessary to properly cover the stone. The unit of measure
for the bituminous road binder shall be the United States gallon at
a temperature of 60° F.
(4)
Second application of stone. Immediately after the application of
the binder to the top course, clean, dry three-fourths-inch trap rock
stone or dolomite of the character specified above and free of dust
shall be spread thereon in such quantities as will completely fill
the voids, take up the excess binder and prevent any binder sticking
to the wheels of the roller. This course shall then be rolled until
the same is thoroughly bonded and yielding to a firm, smooth surface.
If any unevenness or depressions appear during rolling, suitable material
shall be added to remedy same.
(5)
Second application of binder. The surface shall be broomed free of
all loose stone and a coating of hot bituminous material uniformly
applied in the proportion of 3/4 of a gallon to the square yard, or
sufficient to completely coat the surface. Clean, dry three-eighths-inch
trap rock, dolomite, stone or screenings, free of dust, shall then
be spread over the hot binder in sufficient quantities to fill all
voids, take up the excess binder and protect the pavement while setting
up. The surface shall then be thoroughly rolled to embed the stone
coating and form a compact, smooth pavement. All stones shall be subject
to inspection by the Engineer.
(6)
Seal coats. When the surface is ready to be finished, it shall be
broomed clean and free of impervious dust or any foreign matter or
refuse that might obstruct or retard the penetration of the seal coat
and rolled. The seal coat shall be applied and spread with squeegees
or brooms in a quantity averaging 1/3 of a gallon liquid asphalt to
the square yard or sufficient to completely coat the surface. Clean,
dry, hard, screened sand shall then be evenly spread over the surface
in sufficient quantity to absorb any excess binder, and the pavement
shall then be rolled until smooth and thoroughly bonded. Public traffic
shall be suspended during the application of the seal coat.
G.
Reinforced concrete pavement.
(1)
Subgrade. The roadway to be improved shall be brought to subgrade.
The cross section shall conform in every respect to the desired cross
section of the pavement when completed and shall be thoroughly rolled
with a roller weighing not less than 10 tons; all places that cannot
be rolled shall be rammed.
(2)
Spongy ground. Whenever soft clay or spongy ground that will not
compact under the roller is encountered, it shall be removed and the
excavation filled with suitable materials and then thoroughly rolled
or rammed before the concrete foundation is laid.
(3)
Fill. Fill shall be spread in layers not more than 12 inches thick
across the entire width of embankment, and each layer shall be thoroughly
compacted and rolled with a ten-ton roller. Fill shall be brought
several inches above subgrade and allowed to settle as long as possible
before placing permanent pavement thereon.
(4)
Subdrainage.
(a)
When soil is of such character that it retains an excessive
amount of moisture (such as clay), is subject to swelling and heaving
under the action of frost, or consists of sands that do not afford
a ready natural drainage, subdrains and side drains shall be provided.
(b)
Soils that do not readily drain shall be covered with a layer
of cinders or gravel at least six inches in depth. This layer shall
be thoroughly compacted by rolling.
(c)
Cost and extent of subdrainage will be determined upon agreement
between the contractor and the Village, as conditions arise.
(5)
Pavement section. The pavement shall be not less than six inches
in thickness and of width and crown as shown on the general construction
plans on file in the Village office. The pavement shall be constructed
in longitudinal lanes of a width of not less than 10 feet and not
more than 1/2 the width of the entire pavement. Longitudinal construction
joints must be sealed with a suitable bituminous material before pavement
is opened to traffic.
(6)
Reinforcement.
(a)
The pavement shall be reinforced throughout with steel wire
mesh reinforcing, 51 pounds per 100 square feet, spaced six inches
by 12 inches, No. 3 gauge. Reinforcement mats shall extend to within
three inches of the edges of the slab and shall be accurately placed
three inches below the finished surface.
(b)
The concrete shall consist of a mixture of one part portland
cement, two parts of fine aggregate and four parts of coarse aggregate.
The cement shall be American portland cement of a recognized brand
and shall meet the requirements of the "Standard Specifications and
Tests for Portland Cement" of the American Society for Testing Materials,
as set forth in the ASTM Standards. Sand used in concrete shall be
screened. It shall be clean and coarse, or a mixture of fine and coarse
grains, with the coarse grains predominating. It shall be silicious
sand, free from clay, mica, loam, organic matter and other impurities.
Gravel used in concrete shall consist of pieces of hard, tough and
durable rock or pebbles which have been washed and screened by the
use of a screen having a one-fourth-inch mesh. Unless otherwise specified,
the stone shall be of such size that every piece will pass through
a one-and-one-fourths-inch ring for every position of the piece. There
shall be a proper grading of sizes ranging between these limits, and
not less than 50% shall be retained on a screen of one-half-inch mesh.
Gravel which contains pieces of shale, disintegrated rock, lime, clay
or organic matter will not be accepted.
(7)
Mixing, placing and finishing. The concrete shall be machine-mixed,
placed and finished in a workmanlike manner.
(8)
Expansion joints. Expansion joints shall be constructed at intervals
of approximately 50 feet, in the manner specified for premolded expansion
joints in Standard Specifications of the County of Nassau, of premolded
joint material and shall be 1/2 inch thick and of a width equal to
depth of pavement. Expansion joints shall extend through the integral
curb so as to completely separate the sections adjacent to the joint.
(9)
Protection and curing.
(a)
Immediately after the concrete has received its final finish,
it shall be covered with wet burlap left on and kept wet until such
time as the concrete is sufficiently set to covering with hay, without
marring. At such time, the burlap shall be removed and a covering
of hay, or other suitable material, placed upon the concrete. This
cover shall be kept on the concrete continuously for 10 days.
(b)
There may be substituted for the above method of curing the
method of covering with asphalt emulsion, or asphalt cutback, as required
by Standard Specifications of the County of Nassau.
