[Adopted 8-2-2022 by L.L. No. 6-2022]
It is the legislative intent of the Town Board of the Town of
Blooming Grove to establish a local law that would properly govern
the construction of all new sidewalks within the Town. The Town Board
finds and declares it to be in the public's interest to regulate
the proper construction of all new sidewalks for the protection of
health, safety and welfare of the public. The Town Board further finds
and declares that all sidewalks that are in and/or to be built in
the unincorporated areas of the Town are to be owned by the property
owners in which the sidewalks exist and will not be the property of
the Town unless the property in which it is located is owned by the
Town.
All new sidewalks constructed within the Town of Blooming Grove
shall be constructed by the owner of the adjoining property at the
expense of said owner. Any replacement of an existing sidewalk shall
be considered new sidewalk construction to which the terms of this
article shall apply. This article shall not apply to walkways or pass-through
walks which do not run along highways but which lead from one highway
to another.
No such sidewalk shall be constructed or work commenced thereon
until the owner of said premises shall have obtained a permit for
such sidewalk and has paid all related fees and escrow amounts. Applications
for such permit shall be in writing to the Town Clerk in such form
as may be required by the Board. The Town Clerk shall issue such permit
over his/her signature when the Town Engineer and/or Building Inspector
serving the Town approves thereof and endorses the permit. Said permit
shall be valid for 90 days from the date of final approval.
Sidewalks shall be constructed in accordance with street and
highway construction regulations of the State of New York and design
will be approved by the Town Engineer and by the Town Board.
Notice of the work to be done 24 hours in advance thereof and
upon the completion of the new sidewalks must be submitted to the
Town Engineer and/or Building Inspector serving the Town, who may
then inspect the completed work, which shall comply with all the specifications
contained or referred to herein. The Town Engineer and/or Building
Inspector serving the Town must be given an opportunity to inspect
during the different phases of the work. All costs related to said
inspections shall become a charge against the owner and/or developer
at a rate set from time to time by the Town Board and published in
the Town's schedule of fees.
The Board may, by resolution, require the construction of sidewalks
by owners of property adjoining property along which sidewalks are
already constructed. If such owner shall not construct such sidewalk
as required by the notice, the Board may cause the same to be constructed
and assess the cost thereof on such adjoining land. All work done
by the owners shall be done in accordance with the specifications
made for sidewalk construction. All assessments shall be made and
collected and taxes levied as provided by law.
A.
Any person who shall refuse or neglect to comply with any provision
of this article shall be guilty of a violation. Each and every violation
of this article shall be punishable by a fine not to exceed $475.
Each day's continued violation shall constitute a separate violation.
B.
In addition to all other remedies provided for herein, the Board
may also enforce obedience to this article by injunction or by any
other remedy available to it by virtue of the judicial process.
The Building Inspector and/or Code Enforcement Officer serving
the Town of Blooming Grove shall have the authority to issue appearance
tickets for violations of this article.
This article supersedes and is in derogation of § 204-8 of the Code of the Town of Blooming Grove, County of Orange, State of New York.
This article shall take effect immediately when it is filed
in the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
No statement in this article shall be construed to interfere
with any additional requirements that may be imposed by any federal,
state or local authority having jurisdiction.
This article is enacted by authority of § 20, Subdivision
5, of the Municipal Home Rule Law and any other law referenced herein
as authority herefor.
