[Amended 4-27-1976; 3-22-1977; 1-29-1980; 4-8-1986; 1-13-1987; 8-9-1988; 3-12-1991 by L.L. No.
1-1991; 6-20-1995; 11-25-2008 by L.L. No. 12-2008; 7-12-2016 by L.L. No. 3-2016; 3-15-2022 by L.L. No. 2-2022]
A. Each owner and occupant of any house or other building, and any owner
or person entitled to possession of any vacant lot, and any person
having charge of any church or any public building in the Town shall
keep the sidewalk in front of the lot or house or building free from
obstruction by snow or ice and icy conditions, and shall at all times
keep the sidewalk in good and safe repair and maintain it in a clean
condition and free from filth, dirt, weeds or other obstructions or
encumbrances. Snow and ice shall be removed within six hours after
snow has ceased to fall. The period between 9:00 p.m. and 7:00 a.m.
shall not be included in the time requirements.
B. Such owner or occupant and each of them shall be liable for any injury
or damage by reason of omission, failure or negligence to make, maintain
or repair such sidewalk or for a violation or nonobservance of the
ordinances relating to making, maintaining and repairing sidewalks,
curbstones and gutters.
A. No person or entity who is the owner, occupant or lessee of any premises
abutting on any street, road, highway or parkway in the unincorporated
area of the Town shall place, keep, permit or suffer to be placed
or kept on any sidewalk in front of, adjoining or adjacent to his/her/its
premises any goods, wares, merchandise, boxes, barrels, display signs
or material things of any kind or description, nor shall be/she/it
in any manner obstruct any sidewalk or in any manner obstruct or interfere
with the use of any sidewalk, but nothing contained in this section
shall prevent persons or entities from placing goods, wares, merchandise
or household furniture on a sidewalk temporarily while loading or
unloading it, if it is done without unnecessary delay and if such
goods, wares or merchandise are not allowed or permitted to remain
on the sidewalk for a period longer than one hour.
B. No person or entity who is the owner, occupant or lessee of any premises
abutting on any street, road, highway or parkway in the unincorporated
area of the Town shall place, keep, permit or suffer to be placed
or kept in the curb, gutter or street in front of, adjoining or adjacent
to his/her/its premises any item, including but not limited to basketball
hoops, or traffic cones or barricades of any kind or description,
nor shall be/she/it in any manner obstruct any curb, gutter or street
or in any manner obstruct or interfere with the use of any curb, gutter
or street, but nothing contained in this section shall prevent persons
or entities from placing a traffic cone or marker in the street temporarily
to note the existence of a defect in said street.
Any planting on a public right-of-way between curb and sidewalk
by the adjacent owner or lawful occupant of the premises thereof shall
require a permit and approval of such plantings, and said owner or
occupant shall be responsible for the maintenance of such plantings.
The Town Board may from time to time, by resolution, require
the construction or repair of sidewalks or curbs along streets, roads,
highways and parkways in the Town, as well as the construction of
sidewalks along state highways within the Town, and the repair of
sidewalks constructed by the state along state highways in the Town,
at the expense of the abutting owners, upon such notice and pursuant
to the authority of the requirements of § 130, Subdivision
4, and § 200-a of the New York State Town Law.
A. Whenever the Town Board adopts an order or orders directing the abutting
owners of the respective lots or parcels of land in front of which
it is desired that sidewalks or curbs be built, relaid, or repaired,
or to construct them in accordance with this chapter, the Commissioner
of Public Works or his/her designee shall specify the place, manner
and time within which the construction or repair shall be done.
B. The Town Clerk shall publish a notice of the Town Board's orders, pursuant to Subsection
A of this section, in a newspaper to be designated by the Town Board, at least twice, the first publication of which shall be at least 15 days before the time specified for the completion of the work, and he/she shall serve, within two business days from the issuance of the order, a copy of the notice upon the owner or owners, occupant or occupants of the land in front of which it is desired that such construction or repair shall be done.
All sidewalks, curbs, gutters or driveways constructed on any
privately owned street, highway or parkway of a new development shall
be subject to these regulations and comply in all respects with the
regulations covering streets, the title to which is vested in the
Town. Failure to comply with these regulations shall constitute sufficient
cause for the Town to reject any preferred dedication of such a street.
A. Anyone who has requested a waiver of sidewalk installation and has
received such authorization from the Commissioner of Public Works
shall pay or be billed on the basis of four-by-four-foot flags, identical
to the rate used to calculate the cost of sidewalk construction.
B. Failure to pay the billing within 90 days shall result in an assessment
resolution by the Town Board against the subject property.
A. Whenever a notice to construct or repair a sidewalk or curb, pursuant
to an order of the Town Board, has been served upon an owner or occupant
of a lot or parcel of land in front of which it is desired that sidewalks
or curbs be built, relaid or repaired, and the owner or occupant shall
not cause the construction or repair to be made to the sidewalk or
curb as required by the notice, the Commissioner of Public Works is
hereby authorized and directed to cause the construction and repair
to be made as required by notice.
B. The Commissioner of Public Works is hereby authorized to perform
such work or repair with his/her own forces or cause a contract to
be let therefor, and to pay for the work out of the funds to be appropriated
by the Town Board for such purposes.
C. If work is performed by the Town of Oyster Bay under this section, the Town shall be reimbursed for the actual and complete cost of such work within 60 days of the completion of said work. In the event that the property owner does not fully satisfy said costs, the Town shall be reimbursed therefor by an assessment resolution by the Town Board as provided for and in the manner prescribed in §
205-9 of this article.
A. Whenever the owner or occupant of property in front of which the
Town Board, pursuant to this chapter, has ordered a sidewalk or curb
constructed or repaired, shall build, relay or repair the sidewalk
or curb called for by the notice, he/she/it shall obtain a permit
therefor as required by this chapter.
B. If the location where the construction or repair is to be made shall
be upon a state highway where the sidewalks or curbs have been constructed
by the state, the permit shall be obtained from the appropriate office
of the New York State Department of Transportation in accordance with
the rules and regulations of that Department.
C. The Commissioner of Public Works may require such bonds or deposits
and issue the permit subject to such terms and conditions as he/she
may consider necessary for the protection of the Town property.
A. The Town shall be reimbursed for the cost of building, relaying or
repairing any sidewalk or curb, when made by the Commissioner of Public
Works pursuant to this article, by the owner or occupant of the respective
lot or parcel of land in front of which the construction or repair
was made, by assessment upon and collection from the lot or parcel
of land termed benefited by the construction or repair; so much of
the actual and complete cost upon and from each lot as shall be in
just proportion to the amount of the benefit which the improvement
shall confer upon the property, and collected in the same manner and
at the time as other ad valorem Town charges.
B. In the event that a property owner fails to fully satisfy any bill
or invoice for work performed by the Town under this chapter within
60 days of billing or invoicing, the Town shall be reimbursed for
the full cost of the work performed or the services rendered, as hereinabove
provided, by assessment against the collection from the lots or parcels
of land where such work was performed or services rendered for so
much of the actual and complete cost as incurred upon and from each
lot or lots, in the manner provided for the assessment of the cost
of public improvements by Article 4, § 64, of the New York
State Town Law, as amended.
In the event that the Department of Public Works informs the
owner or occupant of a property that the Town has determined that
a sidewalk hazard exists at the property, the owner or occupant shall
replace the sidewalk through use of a private contractor, in which
event the owner or occupant must complete said replacement no later
than 90 days from the date of the notice of defect from the Department
of Public Works. In the event that the owner or occupant has failed
to correct the defect within 90 days from the date of the notice of
defect, the Department of Public Works may elect to remedy the defect
upon written notice to the owner or occupant, and shall bill the owner
or occupant for the cost of said work. Until such time as the sidewalk
replacement is complete, the owner and/or occupant shall remain liable
for the sidewalk condition. If additional time is required to replace
the defective sidewalk due to weather restrictions during the winter
months, the owner or occupant shall submit to the Department of Public
Works, in writing, a request for such additional time. In the event
the owner or occupant chooses to use a private contractor to replace
the defective sidewalk, a permit will be required for work on the
Town right-of-way.
No sidewalk, curb or gutter shall be constructed or permitted
to be constructed or repaired along any street, road or highway or
parkway in the Town unless such construction shall conform to the
lines, grades and specifications furnished by the Commissioner of
Public Works and in conformity with all of the specifications and
requirements established by rules and regulations of the Town Board.
No sidewalk, curb or gutter shall be constructed or repaired,
or work thereon commenced, until the owner of the premises responsible
for the sidewalk, curb or gutter is to be constructed or repaired,
or the authorized agent of the owner, shall have obtained a permit
therefor. Applications for the permit required by this section shall
be made, in writing, to the Commissioner of Public Works, or his/her
designee in such form as may be required by the Department of Public
Works. No permit required by this section shall be issued without
the approval of the Commissioner of Public Works endorsed on the application
therefor, unless so directed by resolution of the Town Board. The
fee for any such permit shall be waived if the applicant is an individual
who owns or resides at the residential premises for which a permit
for the construction or repair of sidewalks, curbs or gutters is being
sought.
The permit required by this chapter shall be in addition to
the permit required for street openings and obstructions, and shall
be in addition to any permit required for any excavation or curb cut
permit, if any is required.
A permit issued pursuant to this chapter shall specify the lines
or grades of the sidewalk, curb or gutter to be constructed or repaired,
and such other directions as the circumstances may require.
Each applicant for a permit required by this chapter must file
an insurance policy or certificate with the Commissioner of Public
Works insuring the Town in the sum $1,000,000/$1,000,000 for personal
injury liability and $500,000 for property damages, unless in the
opinion of the Commissioner of Public Works higher limits are necessary.
The applicant for a permit required by this chapter must file
a performance bond with the Commissioner of Public Works in at least
the amount of the cost of the work to be performed under the permit,
except that no performance bond need be filed by any water district
for a job to be performed under a permit obtained by the water district.
A. Fees established.
(1) By order of the Town Board, except where otherwise provided by law
or where permits required by this chapter are granted for work done
at the direction of the Commissioner of Public Works or his or her
designee, each application for a permit which is granted by the Commissioner
of Public Works or his or her designee for a street opening or excavation
in any street, highway or sidewalk in the Town for any purpose shall
be accompanied by a fee in an amount as shall be established by the
Commissioner of Public Works.
(2) Any permit shall expire 60 days from the date such permit is issued
unless work is in progress at the end of such period and the Commissioner
of Public Works or his or her designee extends such permit.
B. Public utility companies servicing the Town will pay fees in the
same amounts as listed above. However, such companies need not submit
payment with each application. Each public utility will be billed
monthly by the Town for each permit issued to it during the previous
month.
C. Water districts shall be exempt from the above permit fees.
The Commissioner of Public Works may waive the requirements of §§
205-14 and
205-15 when such construction or repair work is being performed in conjunction with the tree removal service provided for or by the Town of Oyster Bay and when the permit applicant can produce a homeowners' liability insurance policy which, by its terms, provides at least 10 days' notice to the Town of Oyster Bay of any cancellation and which, in the opinion of the Commissioner of Public Works, adequately protects the applicant and the Town during the period of the construction, and has a limit of liability of not less than $50,000 for each occurrence.