[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]
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.
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.
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.
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.
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 Highways or his/her designee shall specify the place, manner and time within which the construction or repair shall be done.
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.
Anyone who has requested a waiver of sidewalk installation and has received such authorization from the Commissioner of Highways 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.
Failure to pay the billing within 90 days shall result in an assessment resolution by the Town Board against the subject property.
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 Highways is hereby authorized and directed to cause the construction and repair to be made as required by notice.
The Commissioner of Highways 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.
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.
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.
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.
The Commissioner of Highways 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.
The Town shall be reimbursed for the cost of building, relaying or repairing any sidewalk or curb, when made by the Commissioner of Highways 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.
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 Highway Department 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 Highway Department. 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 Highway Department 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 Highway Department, 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 Highways 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 in front of which 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 Highways in such form as may be required by the Highway Department. No permit required by this section shall be issued without the approval of the Commissioner of Highways endorsed on the application therefor, unless so directed by resolution of the Town Board.
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 Highways 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 Highways higher limits are necessary.
The applicant for a permit required by this chapter must file a performance bond with the Commissioner of Highways 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.
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 Highways or his or her designee, each application for a permit which is granted by the Commissioner of Highways 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 Highways.
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 Highways or his or her designee extends such permit.
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.
Water districts shall be exempt from the above permit fees.
The Commissioner of Highways 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 Highways, 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.