Village of Liverpool, NY Article V Construction and Repair of Sidewalks

[Adopted 5-8-1950 (Ch. 116, Art. V, of the 1987 Code)]

§ 327-13 Power of Board of Trustees.

[Added 5-27-1968; amended 5-18-1998 by L.L. No. 3-1998]

The Board of Trustees of the Village of Liverpool may construct and repair sidewalks along a street within the Village of Liverpool, in accordance with the provisions of the Village Law, and may prescribe the manner of doing such work and the kind of materials to be used therein.

§ 327-14 Notice to repair; assessment of costs.

[Added 5-27-1968; amended 5-26-1987 by L.L. No. 2-1987; 12-12-1988 by L.L. No. 7-1988; 5-18-1998 by L.L. No. 3-1998]

When the Village Board of Trustees shall determine by resolution that a sidewalk has been damaged by the neglect or carelessness of the owner or occupant of land adjoining such sidewalk, and such sidewalk shall be required to be repaired, the Board of Trustees shall cause to be served, either personally or by certified mail, return receipt requested, upon the adjoining landowner, a notice specifying the place and manner and the time, which shall not be less than 30 days, within which the sidewalk is required to be repaired. If such adjoining owner so notified shall not repair the sidewalks as required by the notice, the Village Board of Trustees may cause the same to be so repaired and assess the expense thereof upon the adjoining land. Before repairing such sidewalk, the adjoining owner shall obtain the grade thereof and the specifications therefor from the Superintendent of the Department of Public Works and shall comply therewith. Where the work is done by the Village, the assessment shall be made and collected and taxes levied as provided in Article 5 of the Village Law.

§ 327-15 Sidewalk specifications.

[Amended 2-28-1994 by L.L. No. 2-1994; 9-23-1996 by L.L. No. 3-1996]

A. Sidewalks constructed within the Village of Liverpool shall be of portland cement concrete, except within the width of approved driveways.

B. Sidewalks constructed within the width of approved driveways shall be of portland cement concrete or asphalt concrete.

C. Sidewalk construction shall not occur when the ambient air or base surface temperature is less than 40° C. or the surface is wet or frozen.

D. Specifications:

(1) Portland cement concrete sidewalk material requirements and composition shall comply with the specifications for Class A concrete in accordance with NYSDOT specification.

(a) Portland cement concrete sidewalks shall have a minimum compressive strength at 28 days of 3000 psi.

(b) Portland cement concrete sidewalks shall be placed in accordance with the requirements of NYSDOT specifications "Sidewalks, Driveways, Bicycle Paths, Brick Paving, Grouted Stove Paving and Precast Concrete Paving."

(c) The portland cement concrete sidewalks shall be placed to the minimum requirements:

[1] The minimum concrete thickness shall be four inches except at driveway crossings where the sidewalk shall have a minimum thickness of six inches.

[2] Sidewalk width shall be four feet wide.

(2) Asphalt concrete sidewalk material requirements and composition shall comply with the specifications for a Type 3 binder course and a Type 7 top course in accordance with NYSDOT specification, Material "Plant Mix Pavements — General." Mix composition shall be as given in NYSDOT specification "Composition of Bituminous Plant Mixtures."

(a) Asphalt concrete sidewalks shall be placed in accordance with the requirements of NYSDOT specifications, constructed to the depths and dimensions as follows:

[1] Minimum asphalt thickness shall be 2 1/2 inches consisting of 1 1/2 inches of Type 3 binder course and one inch of Type 7 top course unless otherwise approved by the DPW Superintendent.

[2] Sidewalk width shall be four feet wide.

(3) Sidewalk subbase course materials shall consist of a single layer of granular material of either a Type 1 or Type 2 subbase course and shall be placed in accordance with NYSDOT specification "Subbase Course."

(a) Granular subbase course material shall have a minimum thickness of six inches.

(4) Sidewalk line and grade tolerances shall be in accordance with the CABO-ANSI A117.1.

(a) Unless otherwise stated in the above standard and approved by the DPW Superintendent, changes in elevation shall be as follows:

[1] Changes in elevation of one-fourth-inch or less are allowed without any edge treatment.

[2] Changes in elevation between one-fourth-inch and one-half-inch shall be beveled with a slope no greater than one-inch on two-inch.

[3] Changes in elevation greater than one-half-inch shall require a ramp in accordance with CABOANSI A117.1, with a maximum slope of a ramp for new construction of one-inch on 12 inches.

§ 327-16 Administration.

[Added 9-23-1996 by L.L. No. 3-1996]

This article shall be administered by the DPW Superintendent, who shall have the following duties under this article:

A. Offer information and advise to property owners, contractors and others on the application of this article.

B. Receive and investigate complaints relative to sidewalks, and issue an annual report to the Board of Trustees relative to the condition of the Village sidewalks, including such information as the Board shall request.

C. Conduct inspections and schedule required maintenance of sidewalks under the responsibility of the Village.

D. Issue orders for the repair, rebuilding or installation of new sidewalks, as the case may be, to those responsible.

E. Issue permits for the installation of new sidewalks or the repair or replacement of existing sidewalks within the Village street right-of-way.

§ 327-17 Definitions.

[Added 9-23-1996 by L.L. No. 3-1996]

As used in this article, the following terms shall have the meaning given:

CABO-ANSI A117.1

The standard for accessibility for persons with disabilities, as referenced in the New York State Uniform Fire Prevention and Building Code.

DPW SUPERINTENDENT

The Superintendent of the Department of Public Works of the Village of Liverpool.

NYSDOT

The New York State Department of Transportation.

RAMP

A sloping surface joining different levels.

REPAIR

Activity required to correct a single flag defect such as, but not limited to, chips, cracks, corner breaks, surface scaling, spalling, etc.

REPLACEMENT

Removing and replacement of one or more single flags of sidewalk.

SINGLE FLAG

A section of sidewalk.

§ 327-18 Unsafe sidewalks.

[Added 9-23-1996 by L.L. No. 3-1996]

The following conditions are deemed to create an unsafe sidewalk condition:

A. Broken, deteriorated or missing sidewalk flags.

B. Inadequate patch or repair of sidewalk surface.

C. Abrupt change of elevation or pitch of sidewalk flags.

D. Holes or depressions in the sidewalk plane or driveway surface.

E. Sloping or tilting Tarvia driveway surface in relation to the adjacent sidewalk or street surface.

F. Sloping or tilting of sidewalk flags, except where a ramp is otherwise required.

§ 327-19 Driveway-sidewalk interface.

[Added 9-23-1996 by L.L. No. 3-1996]

A. New driveways may be of continuous Tarvia or may have concrete sidewalk through the driveway, subject to the following:

(1) Where a continuous Tarvia driveway is selected, the existing concrete sidewalk, if any, shall be removed and replaced with asphalt concrete subbase and top coat as specified in § 327-15, and installed to be flat to the existing sidewalk surface within one-fourth-inch. Removal and disposal of the concrete sidewalk material shall be at the property owner's expense.

(2) Where the existing concrete sidewalk through a driveway is to remain, the new Tarvia subbase and/or top coat must be installed to be flat to the existing sidewalk surface within one-fourth-inch in any direction. Removal of any materials within the approved driveway area to achieve these specifications shall be at the property owner's expense.

B. Existing sidewalks and driveways. Existing sidewalks and driveways not constructed to the standards established by this article shall be allowed to continue subject to the following safety requirements:

(1) Abrupt grade change between sidewalk flags or sidewalk-driveway intersections shall not exceed three-fourth-inch in height.

(2) Gradual or tapered grade changes shall be required for heights between 3/4 inch and 1 1/2 inches, and shall not exceed a 15° slope (3/4 inch vertical drop spread evenly over six inches horizontal distance).

(3) Existing driveway surfaces shall not be more than 1 1/2 inches higher than the adjacent sidewalk surface.

C. Nonconforming driveways. Existing driveways with Tarvia material over a concrete sidewalk will be allowed to continue, subject to the following:

(1) The existing driveway was constructed on or before April 1, 1996.

(2) The Tarvia surface, regardless of taper, is not more than 1 1/2 inches higher than the adjacent sidewalk grade.

(3) Existing Tarvia grade transitions to the adjacent sidewalk grade do not exceed a 15° slope and do not encroach more than 12 inches into the adjacent sidewalk plane.

(4) Existing driveway surfaces between 3/4 inch and 1 1/2 inches above the adjacent sidewalk surface, without an existing ramp to the adjacent sidewalk surface, shall have a ramp installed which does not exceed 15° in slope, which shall not encroach onto the adjacent sidewalk surface and shall be contained within the Tarvia area of the approved driveway width.

D. The property owner has sole responsibility, at their expense, for maintaining the Tarvia or concrete sidewalk surface area, in the sidewalk plane, within the width of the driveway, in a safe and hazard-free condition.

E. No firm, corporation, partnership or individual shall commence the construction, alteration or repair of any driveway within the Village street right-of-way without first obtaining a permit from the DPW Superintendent, except for the installation of surface sealers over existing driveway surfaces. The DPW Superintendent shall not issue a permit for a driveway which fails to comply with the Zoning Local Law,[1] as to width and location, as certified by the Code Enforcement Officer.

[1] Editor's Note: See Ch. 380, Zoning.

F. The DPW Superintendent is authorized to inspect and determine deficiency with the requirements of this article and require repairs to be made, where appropriate, to provide for pedestrian safety.