[HISTORY: Adopted by the Town Board of the Town of Elmira 5-9-2005. Amendments noted where applicable.]
The purpose of this article shall be to preserve the public
peace and good order in the Town, to contribute to the public welfare,
safety and good order of its people and to contribute to the safe
conveyance of its people over the streets and sidewalks of the Town
by establishing certain regulations for the removal of snow and ice
from the streets and sidewalks of the Town that are consistent with
the rights and privileges of other residents of the Town. It is further
noted that certain snow removal practices are a vexation and annoyance
not only to the traveling public but also to the owners and occupants
of adjoining lands. Further, this article establishes a procedure
and specifications for the replacement and repair of sidewalks within
the Town. It is for these reasons and others that the Town Board of
the Town of Elmira is compelled to legislate upon the subject matter.
It shall be the duty of the owner and occupant, jointly, of
every parcel of real estate adjoining a public sidewalk, whether the
parcel of real estate is occupied by a structure or not, to keep such
sidewalks adjoining such property free from snow and ice for the full
paved width of such sidewalk.
Snow and ice shall be removed within 24 hours after the end
of a snowfall. Sidewalks in front of commercial establishment and
commercial parking lots shall be kept free of snow and ice at all
times.
In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time specified in § 193-3, be strewn and kept strewn with ashes, sand, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon as provided in this article.
A.
Whenever
the owner or occupant of every parcel of real estate adjoining a public
sidewalk fails to remove the snow and ice from such sidewalk adjoining
such property within the time specified in this article or within
12 hours after notice from the Superintendent of Highway or the Code
Enforcement Officer or a police officer of the Town of Elmira to remove
the same, it shall be the duty of the Superintendent of Highways to
remove or make arrangements for removal of said snow or ice from the
sidewalk and notify the Town Clerk of the expense incurred by the
amount of labor, equipment and materials used.
B.
The Town
Clerk shall promptly present to the owner or occupant of each parcel
a bill for the removal of snow and ice as certified by the Superintendent
of Highways. If not paid within 30 days, the cost thereof shall be
assessed against the property and become a lien thereon, collectible
in the same manner as delinquent Town taxes.
The owners or occupants of buildings adjacent to public sidewalks
shall prevent the falling of snow, ice or water from such building
upon said public sidewalks.
No person, firm or corporation shall deposit, throw, place or
strew nor shall any person, firm or corporation cause to be deposited,
thrown, placed or strewn any snow or ice upon any street, avenue or
roadway within the Town of Elmira.
A.
Prohibited
conduct.
(1)
No person, firm or corporation shall pile, gather up, plow up or
in any way force any snow or ice upon any street, avenue or roadway
within the Town of Elmira or from one street, avenue or roadway onto
any other street, avenue or roadway within the Town of Elmira.
(2)
No person, firm or corporation shall pile, gather up, plow up or
in any way force any snow or ice upon any terrace or parcel of land
within six feet of any street, avenue or roadway in such a manner
as to cause the height of the snow and ice so piled, gathered, plowed
or forced to exceed three feet six inches in height above the existing
natural grade of said terrace or parcel of land within six feet of
said street, except that it shall be unlawful to cover a fire hydrant
with snow or ice.
(3)
No person, firm, corporation, property owner or occupant shall remove
snow or ice from any parcel of real estate and place it upon another
parcel of real estate without the express permission of the owner
of the parcel of real estate upon which the snow or ice is to be placed.
B.
Any person, firm or corporation piling, gathering or plowing up snow or ice on any public street, avenue or roadway or to an excess height as indicated in Subsection A(2) shall forthwith remove the same at his or her or its expense upon the request of the Superintendent of Highways or Code Enforcement Officer or a police officer of the Town of Elmira.
C.
Whenever any person, firm or corporation neglects or refuses to remove
any snow or ice piled, gathered or plowed up by him or her or it in
violation of this section 12 hours after a request to do by the Superintendent
of Highways or Code Enforcement Officer or a police officer of the
Town of Elmira, it shall be the duty of the Superintendent of Highways
to remove said snow or ice from such street or terrace and notify
the Town Clerk of the expense incurred by the amount of labor, equipment
and materials used.
D.
The Town Clerk shall promptly present to the violator of this section a bill for the removal of snow and ice as provided for in Subsection C as certified by the Superintendent of Highways; if not paid within 30 days, in the case of a property owner, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent Town taxes.
Any person, firm or corporation who or which shall violate any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine in the amount of $50.
[Amended 5-19-2014 by Res. No. 93-14]
A.
It shall
be the duty of the owner and occupant, jointly, of every parcel of
real estate adjoining a public sidewalk, whether the parcel of real
estate is occupied by a structure or not, to keep such sidewalks adjoining
such property free from obstructions, keep them in good and safe repair
and maintain them clean, free from filth, dirt and weeds.
B.
The Town
Board may adopt orders from time to time, directing the owners of
the respective lots and parcels of land abutting on any street or
towns of first class, with the consent of the County Superintendent
of Highways or the State Commissioner of Transportation, as the case
may be, abutting on a county or state highway within the Town along
which it is desired that sidewalks be built, re-laid or repaired,
to construct the same to conform with such ordinance, rule or regulation
as shall have been adopted by the Town Board, and specify the time
within which the same shall be done.
C.
No sidewalk
shall be built, re-laid or repaired or be permitted to be built, re-laid
or repaired along any road, street, highway or parkway in the Town
of Elmira, whether or not such sidewalk is in or along a Town, county,
state or private road, street, highway or parkway unless such construction
shall conform to the lines and grades submitted by the owner of the
lots or parcels involved and approved by the Town Superintendent of
Highways and in conformity with the specifications for sidewalk construction
adopted by the Town Board of the Town of Elmira as set forth in this
section, as the same may be amended from time to time and a copy of
which is available in the Town Hall.
D.
All sidewalks
built, re-laid or repaired on any privately owned road, street, highway
or parkway shall be subject to these regulations and comply in all
respects with the regulations covering streets, the title of which
is vested in the Town.
A.
No sidewalk shall be built, relayed or repaired or work thereon commenced
until the owner of the abutting premises in front of which such sidewalk
is to be built, relayed or the authorized agent of the owner shall
have obtained a permit therefor. Applications for such permits shall
be in writing, shall show the proposed lines and grades and shall
contain such other information as may be required by the Town Superintendent
of Highways. The Code Enforcement Officer shall issue the permit and
attach a copy of the current sidewalk specifications to the permit.
If the location where sidewalks are to be built, relayed or repaired
shall be upon a state or county highway, a permit shall first be obtained
by the owner from the State Commissioner of Transportation or the
County Superintendent of Highways.
B.
Procedures for obtaining a sidewalk permit shall be as indicated
below:
(1)
A property owner may obtain the permit for the sidewalk. This is only recommended when the property owners intend to complete the sidewalk repair/construction himself or herself. The property owner must comply with the specifications, procedures, and provisions of §§ 193-13 through 193-28, inclusive.
C.
Permittee responsibilities.
(1)
The permittee and/or the property owner is liable for any and all
injuries and damages to person or property arising in any way as a
result of work performed to install or replace the sidewalk.
(2)
The permittee is also responsible for contacting "Dig Safely New
York" at 1-800-962-7962 or www.digsafelynewyork.com.
(3)
It will be the responsibility of the permittee to replace any survey
markers disturbed during construction. This work shall be performed
by a licensed land surveyor.
(4)
It is recommended that property owners should not pay for work completed
until it has been inspected and approved by the Town of Elmira.
A.
Whenever the Town Board adopts an order or orders directing the owners
of the respective lots and parcels of land abutting on any street,
or, in towns of the first class, with the consent of the County Superintendent
of Highways or the State Commissioner of Transportation, as the case
may be, abutting on a county or state highway within the Town, along
which it is desired that sidewalks be built, relayed or repaired,
in accordance with the provisions of this article, the Town Board
shall specify the time within which the same shall be done. The Town
Clerk shall give notice thereof by registered mail addressed to each
such owner at his address as it appears upon the assessment roll of
such Town or, in the alternative, by publication of a notice thereof
in the official paper at least twice, the first publication of which
shall be at least 15 days before the time specified for the completion
of the work. If, within the time prescribed in the order and notice,
the sidewalk required to be built, relayed or repaired shall not have
been so built, relayed or repaired, then the Board may cause the same
to be done and audit and pay the expense of doing the same and assess
the expense thereof against the property benefited as a whole, or
any five or less annual installments, in the same manner as street
improvements constructed pursuant to Section 200 of this chapter.
B.
If such expense is assessed in installments, there shall be assessed
as part of each installment, except the first, as interest, an amount
not exceeding 6% of such installment, such rate to be fixed by the
Town Board in the order providing for the assessment. The provisions
of law applicable to the sale of tax liens shall apply to any unpaid
assessed installment with interest thereon in the same manner as though
such installment and interest had been assessed as an assessment payable
as a whole. Unassessed installments shall be prepayable at any time,
with interest computed thereon at the aforesaid rate from the date
of assessment of the first installment to the date of payment of the
particular installment.
C.
If such expense is assessed as a whole and the Town Board resolution
assessing such expense against a particular piece of property shall
so provide, the assessment against such property may be paid in five
or fewer annual installments on the dates fixed by such resolution
with interest, not exceeding 6% of each such installment, as fixed
by such resolution.
A.
The Town of Elmira requires that the permittee will build either
a portland cement sidewalk or an asphalt cement sidewalk. It will
conform to the New York State Department of Transportation (NYSDOT)
Standard Specifications for sidewalks and also conform to the line
and grade designated by the Town of Elmira. Removal of the existing
sidewalk shall not begin until the line and grade have been given.
(1)
Asphalt cement concrete may be used for the replacement of the sidewalk
in the driveway section; otherwise, no patching or individual block
replacement with asphalt concrete in a portland cement sidewalk will
be allowed.
(2)
No overlay of asphalt cement concrete on an existing portland cement
sidewalk will be allowed.
(3)
In the event that a citation is issued for a tripping hazard, patching
to repair the hazard will be allowed after obtaining written permission
from the Town of Elmira Code Enforcement Officer or Highway Superintendent.
The patch material shall be portland cement concrete. To allow for
better bonding, three-fourths-inch diameter holes must be drilled
four inches into the existing surface. A permit shall be required
for patching of this type.
(4)
If a governmental agency shall replace a sidewalk for a property
owner, the replacement material shall be of the same type as existed
prior to the replacement.
B.
Vandalism. Any vandalism (excluding that done to the curing compound)
shall be the sole responsibility of the permittee and/or landowner.
C.
Completion date. No sidewalk work will be done after November 15
of the current year or before April 15 of the following year.
D.
Subbase course. Sidewalks shall be constructed on a well-compacted
and graded granular base of at least four inches. The granular base
shall meet NYSDOT Standard Specifications for subbase courses. This
applies for both portland cement and asphalt cement concrete sidewalks.
E.
The permittee is responsible for the quality of the sidewalk and
any related work therein and shall guarantee this work against failure
for a period of three years. This guarantee does not cover damage
resulting from accident, disaster, misuse, abuse, or modification
of the sidewalk.
F.
Specifications and standards not addressed in this document must
meet the current NYSDOT Standard Specifications for construction and
materials.
The following standards and specifications apply to portland
cement sidewalks:
A.
Material. The requirements and composition shall comply with the
specifications for Class A concrete in the NYSDOT Standard Specifications
section on portland cement concrete, general. Concrete shall be proportioned
in accordance with the aggregate weights specified for Class A concrete.
B.
Method of construction.
(1)
Sidewalks shall be four inches in depth except in driveways, where
the sidewalk shall be six inches in depth. Sidewalks shall have a
normal cross-slope of 1/4 inch per foot drop towards the street, except
where permission to alter the slope is given by the Town of Elmira.
The street edge of the sidewalk shall be at least one inch higher
than the top of the curb. Dummy transverse joints shall be placed
at five-foot intervals and the joints shall be finished with a scoring
tool. At intervals of 20 feet, the transverse joint shall extend full
depth and shall half-inch-thick premolded bituminous joint material.
Joint material is also required where walks abut curbs, pavements,
buildings, adjoining walks or other rigid structures. This shall be
an acceptable flexible expansion material approved by the Town of
Elmira. The top surface should be scored at intervals of five feet
so that the finished walk will be marked in squares both longitudinally
and transversely. Where adjacent walks are four feet wide, a four-foot-wide
walk can also be built.
(2)
The concrete shall be laid in one course in acceptable forms and
shall be worked and floated so as to give a smooth, uniform surface
free of holes and satisfactory to the Town of Elmira. No concrete
shall be laid until the form installation and subbase preparation
is inspected and approved by the Town of Elmira. The concrete shall
be finished to produce a smooth surface and then lightly broomed to
a uniform texture. This broom finish shall be perpendicular to the
walking flow in a straight line. Any other finish is not acceptable.
Each flag will be edged, giving a "window pane" effect, one inch to
three inches in width.
C.
Curing. At the permittee's option, quilted covers, waterproof
blankets or an approved sprayed or painted curing compound may be
used. Except when a curing compound approved by the Town of Elmira
is used, sidewalks shall be cured for a minimum of three days. In
any case, traffic will be prohibited for at least 24 hours. All of
the above curing methods shall meet the NYSDOT Standards Specifications
section on portland cement concrete curing.
The following standards and specifications apply to asphalt
cement sidewalks:
A.
Material. The material shall conform to the NYSDOT Standard Specifications
section on hot mix asphalt concrete.
B.
Methods of construction.
(1)
The asphalt concrete shall be laid in two courses: one binder course
of two-inch thickness (compacted) and a top course of one-inch thickness
(compacted). Both courses shall be laid hot and compacted with a mechanical
roller or vibratory tamp.
(2)
The sidewalk shall be five feet wide and laid true to line and grade
as given by the Town of Elmira, with a normal cross-slope of 1/4 inch
per foot drop toward the street.
(3)
The street edge of the sidewalk shall be at least one inch higher
than the curb.
(4)
Metal edging is available for sidewalk work, but is not a requirement.
If not used, all outside edges must be tapered downward to a forty-five-degree
angle.
C.
Transitions to abutting walks. For both portland and asphalt cement
walks, if the sidewalk on the abutting property is not at the same
grade as the new walk, a five-foot-long transition slab shall be installed
on the abutting property at the end of the new walk. The cost of this
transition slab shall be at the expense of the property owner who
is installing the new walk.
A.
Safety is the sole responsibility of the permittee. All safety costs
will be borne by the permittee.
(1)
On any construction that requires the street to be closed, it is
the responsibility of the permittee to notify the Chemung County 911
Communications Center at (607) 735-8600 (nonemergency number). The
police departments having jurisdiction may require sketches showing
how traffic is to be rerouted. Police agencies must be notified 48
hours prior to construction. The police agency may reject the plan,
in which case construction cannot commence.
(2)
The safety and security of the area around the excavation will be
the sole responsibility of the permittee. Every attempt shall be made
to protect the public from hazardous conditions. Flashing lights,
wood barricades, steel plates, etc. are examples of such protection.
In those cases where unsafe conditions occur, as determined by the
Town of Elmira, it may be necessary for personnel from the Town of
Elmira Highway Department to correct the unsafe conditions, such as
by adding additional barricades. In these cases, the cost shall be
at the permittee's expense.
B.
Traffic protection. All requirements will meet OSHA guidelines as
well as MUTCD guidelines. (See OSHA and MUTCD manuals.)
C.
Excavation safety. All requirements will meet OSHA guidelines and
MUTCD guidelines, as well as the current NYSDOT Standards and Specifications
for construction and materials. (See OSHA, MUTCD, and NYSDOT manuals.)
D.
Personal safety. All requirements will meet OSHA guidelines. (See
OSHA manual.) At no time will any employee of the Town of Elmira enter
an excavation that does not meet OSHA standards. This may affect proper
inspection.
The Town of Elmira requires the following insurance amounts
and types for all permittees completing work in the Town:
A.
Workers' compensation insurance and disability benefits insurance
shall be obtained in accordance with the law of the State of New York.
B.
Public liability and property damage insurance.
(1)
Public liability insurance: not less than $1,000,000 for injuries,
including accidental death, to any one person, and subject to the
same limit for each person, and in an amount not less than $2,000,000
on account of one occurrence.
(2)
Property damage insurance: not less than $250,000 for damages on
account of any one accident and in an amount not less than $250,000
for damages on account of all accidents.
C.
Owner's protective liability and property damage insurance in
amounts equal to that specified for public liability and property
damage insurance to protect the Town against any and all claims arising
from the operations of the permittee. Owner's protective liability
insurance policies should contain the following provisions:
D.
All policies of insurance required of the permittee, except workers'
compensation and disability benefits, insuring, indemnifying and saving
harmless the Town of Elmira, shall be endorsed, naming the Town of
Elmira and its officers and employees and agents as an additional
insured on a primary basis.
E.
Proof of coverage of insurance. The permittee shall furnish the Town
certificates of all insurance, each of which shall contain the following
provision: Such insurance shall not be cancelled, terminated, modified,
or changed by either the permittee or the insurance company, except
on 10 days' prior written notice sent by the insurance company via
registered mail to the Town. Such notices shall be addressed to the
Town of Elmira, New York.
As used in this article, the following abbreviations shall have
the meanings indicated:
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A.D.B.E.
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As determined by engineer
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ASTM
|
American Society for Testing and Materials
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DEG.
|
Degree
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DIA.
|
Diameter
|
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F.
|
Fahrenheit
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Ft.
|
Feet
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H.
|
Height of fill over top of pipe
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H.D.
|
Hub diameter, outside diameter of pipe at bell/band
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I.D.
|
Nominal inside diameter
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In.
|
Inches
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Max.
|
Maximum
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Min.
|
Minimum
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MUTCD
|
Manual on Uniform Traffic Control Devices
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N.T.S.
|
Not to scale
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NYSDOT
|
New York State Department of Transportation
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O.D.
|
Outside diameter
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OSHA
|
Occupational Safety and Health Administration
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R.O.W.
|
Right-of-way
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UFPO
|
Underground Facilities Protective Organization
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W = Trench Width
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2.0 feet + H.D. for pipes 48 inches and less I.D.
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2.5 feet + H.D. for pipes greater than 48 inches I.D.
| |
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1.0 feet Min. + O.D. for 18-inch and 24-inch polyethylene pipe
| |
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>
|
Greater than
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<
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Less than
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A.
Manual of Uniform Traffic Control Devices as adopted by NYSDOT from
Codes, Rules and Regulations of the State of New York; Manual No.
3309.
B.
Manual on Uniform Traffic Control Devices for Streets and Highways,
Washington, D.C., Technical Data Center, Document ASA D6.1-1961, Part
V, 1961.
C.
Occupational Safety and Health Administration, Code of Federal Regulations,
Labor 29, Part 1926, revised as of July 1, 1990, Subpart P, Excavation
1926.650: U.S. Government Printing Office, Washington, D.C., 1990.
D.
Standard Specifications Construction and Materials, Office of Engineering,
NYSDOT, January 2, 1990.
