[Adopted 6-20-2017 by L.L. No. 2-2017]
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 Village Board may adopt orders from time to time, directing the
owners of the respective lots and parcels of land abutting on any
street or villages 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
Village 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 Village 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 Village of Elmira Heights, whether or not such sidewalk is
in or along a Village, 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 Village Superintendent of Highways and in conformity
with the specifications for sidewalk construction adopted by the Village
Board of the Village of Elmira Heights 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 Village 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 Village.
A.
No sidewalk shall be built, re-laid or repaired or work thereon commenced
until the owner of the abutting premises in front of which such sidewalk
is to be built, re-laid 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 Superintendent
of the Village Street Department. 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, re-laid
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 §§ 194-35 through 194-42, 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 Village of Elmira
Heights.
A.
Whenever the Village Board adopts an order or orders directing the
owners of the respective lots and parcels of land abutting on any
street, or, in villages 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
Village, along which it is desired that sidewalks be built, re-laid
or repaired, in accordance with the provisions of this article, the
Village Board shall specify the time within which the same shall be
done. The Village 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 Village 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, re-laid or
repaired shall not have been so built, re-laid 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
Village 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 Village 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 Village of Elmira Heights 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 Village of Elmira Heights. 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 Village of Elmira Heights 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 Village of Elmira
Heights. 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
Village of Elmira Heights. 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 Village of Elmira Heights. No
concrete shall be laid until the form installation and subbase preparation
is inspected and approved by the Village of Elmira Heights. 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 Village of Elmira Heights 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 Village of Elmira Heights, 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
Village of Elmira Heights, it may be necessary for personnel from
the Village of Elmira Heights 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 Village of Elmira
Heights enter an excavation that does not meet OSHA standards. This
may affect proper inspection.
The Village of Elmira Heights requires the following insurance
amounts and types for all permittees completing work in the Village:
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 Village 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 Village of Elmira Heights, shall be endorsed, naming
the Village of Elmira Heights 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 Village
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 two days' prior written notice sent by the insurance company via
registered mail to the Village. Such notices shall be addressed to
the Village of Elmira Heights, 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
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American Society for Testing and Materials
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DEG
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Degree
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DIA
|
Diameter
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F.
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Fahrenheit
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Ft.
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Feet
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H.
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Height of fill over top of pipe
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H.D.
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Hub diameter, outside diameter of pipe at bell/band
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I.D.
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Nominal inside diameter
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In.
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Inches
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Max.
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Maximum
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Min.
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Minimum
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MUTCD
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Manual on Uniform Traffic Control Devices
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N.T.S.
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Not to scale
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NYSDOT
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New York State Department of Transportation
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O.D.
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Outside diameter
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OSHA
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Occupational Safety and Health Administration
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R.O.W.
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Right-of-way
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UFPO
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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.
2.5 feet+ H.D. for pipes greater than 48 inches I.D.
1.0 feet Min. + O.D. for 18-inch and 24-inch polyethylene pipe
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>
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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 D61-1961, 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.
A.
No sidewalk or curb within a public street or other public space
shall be altered without a permit issued by the Village of Elmira
Heights Code Enforcement Office.
