Village of Fonda, NY
Montgomery County
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[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The maintenance of existing sidewalks and any newly constructed sidewalks within the Village of Fonda in a state of good repair is deemed necessary for the safe passage of pedestrians of the Village of Fonda.
For the purpose of this article, the following terms shall have the meanings indicated:
IMPROVED STREET MARGIN
The edge of the traveled street, whether such street is improved by pavement, gravel or some other form of all-weather material.
A. 
It shall be the duty of every owner of a parcel of land within the Village of Fonda that has an existing sidewalk between that parcel and the improved street margin, or of any parcel on which a sidewalk may be constructed at any time in the future between the parcel and the improved street margin, to maintain that sidewalk in a good, level condition and to repair any broken sections or any unevenness and to maintain that sidewalk to afford safe passage under normal use and weather conditions. This duty shall apply to the parcel owner irrespective of whether the sidewalk is located on the parcel boundary line or inside the street right-of-way.
B. 
It shall be the duty of every owner of a parcel of land within the Village of Fonda to maintain that portion of the area located between the parcel boundary and the improved street margin that is not improved by a sidewalk with planted grass kept mowed at a height not greater than four inches.
C. 
Construction standards; permits; inspection; repairs performed promptly. Sidewalks shall be constructed or replaced in either of the two following methods.
(1) 
Poured or stamped concrete at least four inches deep and reinforced with at least ten-gauge six-inch steel mesh. Poured or stamped concrete sidewalks crossing a driveway must be at least five inches deep.
(2) 
Precast concrete pavers in pedestrian areas, driveways and areas subject to limited vehicular use. Pavers must meet or exceed the requirements established in the American Society for Testing and Materials (ASTM) C 936, Standard Specifications for Solid Interlocking Concrete Paving Units.
D. 
Any holes or other hazards that may exist in existing sidewalks or future sidewalks shall be filled, and any necessary repairs or replacement shall be performed promptly, weather conditions permitting.
A. 
Any sidewalk constructed or replaced shall require a permit to be issued by the Village Code Enforcement. Installation shall be in accordance with Interlocking Concrete Pavement Institute (ICPI) specifications attached to the permit application and in accordance with regulations set forth herein.
B. 
All new or replacement sidewalks in the Business District shall be a minimum of four feet in width or match current existing abutment. All new or replacement sidewalks in all other zoning districts shall be a minimum of four feet in width.
C. 
Construction and construction materials must meet ADA and ASTM standards.
D. 
Permit applications shall be made to the Village Code Enforcement Officer and shall be accompanied by the following for review by the Street and Water Commissioner:
(1) 
A scaled drawing of the affected area, indicating the proposed location of the concrete, any water and utility valves, or any other surface fixture.
(2) 
Written statements that all utilities located in the public right-of-way have been notified.
(3) 
The manufacturer's brochure, including the color, size and shape of the pavers that may be used shall be approved by said jurisdiction. The sidewalks shall be consistent in materials, color and within NYS DOT and Village of Fonda specifications.
(4) 
A complete copy of the manufacturer's recommended procedures for the installation of the pavers.
(5) 
A drawing indicating the finished laid pattern of the pavers. This shall be reviewed for conformity to the overall appearance set forth by the Architectural Review Board appointed by the Village.
(6) 
The payment of a required fee, as established by resolution of the Board of Trustees.
A. 
Poured or stamped concrete sidewalks must be ADA compliant. Concrete pavers shall meet or exceed the ASTM's specifications and must be ADA compliant. All sidewalks that are within predesignated crosswalks shall be sloped no more than one on 12 and shall meet ADA guidelines.
B. 
All work done pursuant to this section shall be subject to inspection and approval by the Village Street and Water Commissioner.
Any driveway area crossing an existing or future sidewalk shall be constructed of only poured or stamped concrete or concrete pavers, and shall blend smoothly with the sidewalk of the abutting or adjacent parcel.
A. 
Any violation of this article shall be punishable by a fine not to exceed the sum of $500 or by imprisonment for not more the 15 days, or both.
B. 
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of this article, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly or indirectly thereby, and shall be liable to the Village of Fonda to the extent that said Village of Fonda is required by law or by any court to respond in damages to any injured party.
A. 
In the event that the owner of a property shall fail to repair the sidewalk located between the property and the paved street within 30 days after written notice thereof, provided that weather conditions permit, the Village of Fonda may forthwith proceed to repair the sidewalk, and the cost or expense thereof shall be ascertained and report thereof shall be filed in the office of the Village Clerk.
B. 
The cost of the work, as the same shall appear from the report on file in the office of the Village Clerk, shall be recovered by the Village from the owner of the property of which the sidewalk is located between and the paved street. If the cost is not paid on or before the first day of March next following, the Board of Trustees shall levy the amount thereof as part of the tax to be collected upon the premises against which the cost shall be a lien. The same shall be included within the completed tax roll and collected as part of the taxes against the subject premises.
C. 
In the event that the owner of a property shall fail to maintain that portion of the area located between the property boundary and the improved street margin not improved by a sidewalk with planted grass kept mowed at a height of not greater than four inches, within seven days after written notice thereof, the Village of Fonda may forthwith proceed to maintain said area and mow said grass. The cost or expense of such maintenance and mowing shall be ascertained and a report thereof shall be filed in the office of the Village Clerk, and the cost will be recovered in accordance with the provisions of Subsection B of this article.