[Adopted 8-27-1979 by resolution (Ch. 133, Art. IV, of the 1976 Code)]
Upon the adoption of this statement, it shall be the policy
of the Village of Lancaster to assure and see to the maintenance of
safe and adequate sidewalks for pedestrian use along all curbed streets
in the Village or along such uncurbed streets where such sidewalks
may already exist. Guidelines for assuring the safety of such walks
and for delineating responsibilities of the Village and of the property
owner follow.
Sidewalks shall be considered to be unsafe if, by determination
of the Superintendent of Public Works and the Village Board, they
are broken, cracked, lifted, spalled or scaled or otherwise deficient
so as to cause a clear and present danger to pedestrians. Upon such
determination, the owner of the property where such sidewalk is located
will be notified by standard form of the need to repair or replace
the sidewalk in question. The cost of such repair or replacement will
be borne by the property owner except where otherwise noted.
The Village of Lancaster will not be responsible for damage
to sidewalks in the form of cracked or lifted blocks caused by tree
roots or for any root damage to property inside the sidewalk. The
Department of Public Works will cut out roots of trees under the sidewalk
or the right-of-way in conjunction with a sidewalk contractor and/or
at the request of the property owner, but will not be responsible
for blocks cracked in the process of such work. It is suggested that
the owner/contractor remove any blocks involved beforehand. In the
case of such root removal by the Village, a one-year guaranty will
be accorded the property owner by the Village against the cost of
further repairs caused by such roots damaging sidewalks.
No blacktop or blacktop sealer of any kind shall be permitted along the path of a sidewalk where it crosses a driveway or parking area. Exceptions to this provision will be allowed only in the case of such conditions preexisting this statement, unless deemed hazardous according to § 297-24. Whenever such preexisting blacktop should deteriorate or be replaced or when the blacktop driveway abutting such a blacktop area shall be replaced, the blacktopped sidewalk area must be replaced with concrete.
In the case of blacktop driveway approaches only, the Village
will, upon request, patch (but not roll) a driveway approach to a
point a maximum of four feet in from the curb or from the edge of
the pavement if no curb exists. If in the course of street repairs,
sewer work, etc., the Village or its contracted agent damages or removes
a driveway approach, it will be replaced with the same material as
existed prior to such work at Village expense.
In the case of a corner lot where an owner is given notice of
deficient sidewalk along both the front and the side of the property,
the Village will assume any cost exceeding that of the first 100 lineal
feet replaced. This provision will be effective only when the owner
is put on notice for side and front walks at the same time.
In the case where an occupied lot is situated at the end of
a dead-end street, sidewalk otherwise required along the frontage
of the property shall be permitted to terminate at the driveway on
such property rather than be installed to the end of the right-of-way.
[Amended 8-12-2019 by L.L. No. 10-2019]
Subject to Subsection B of this section, the installation of
sidewalks and driveway approaches shall be compliant with specifications
compiled by and available from the Department of Public Works as to
the quality of concrete, grade, thickness, width, and manner of installation.
A.
The specifications compiled by the Department of Public Works shall
include the following requirements:
(1)
The Department of Public Works must be notified prior to installation
of new concrete to allow necessary inspections.
(2)
Concrete with air entrainment shall be used.
(3)
Broom or swirl finish must be used on sidewalks.
(4)
Landscape must be replaced if disturbed during installation.
(5)
Curing compound must be applied the same day the concrete is placed.
(6)
Expansion joints must be placed every 40 feet of newly placed, continuous
concrete sidewalk.
(7)
That sidewalks other than sidewalks sharing an edge with a driveway
approach or with a driveway shall be constructed of not less than
four-inch-thick concrete.
(8)
That, where the requirements of Americans with Disabilities Act of
1990 are applicable, sidewalk ramps shall be placed and constructed
in a manner compliant therewith.
(9)
That driveway approaches and sidewalks sharing an edge with driveway
approaches or with driveways shall be constructed of not less than
six-inch thickness and steel mesh reinforced.
(10)
That expansion joints shall be placed between a sidewalk and
a driveway approach and/or driveway with which the sidewalk shares
an edge.
B.
Circumstances which may warrant deviation from the specifications
compiled by the Department of Public Works shall be referred to, investigated
and addressed by the Superintendent of Public Works. If the Superintendent
concludes that circumstances do not warrant deviation from the specifications
compiled by the Department of Public Works no deviation shall be permitted.
If the Superintendent concludes that circumstances warrant deviation
from the specifications compiled by the Department of Public Works,
the Superintendent shall so report to the Village Board of Trustees.
Final determination as to whether a deviation shall be granted shall
be made by the Village Board of Trustees.
The Village of Lancaster assumes no responsibility for sidewalk
installations done by other than Village contractors. Debris removal,
topsoiling and driveway patches along the sidewalk crossing driveways
and/or any other damage shall be the responsibility of the owner.
