[Adopted 3-12-1937; amended in its entirety 10-8-2025 by L.L. No. 7-2025]
A. 
A permit to construct new or replace existing sidewalks shall be issued by the Town of Rotterdam Code Enforcement Officer/Building Inspector. No individual, company, organization and/or its agents shall be permitted to construct or replace sidewalks on the Town's right-of-way without first securing a permit and complying with the current conditions and specifications. For sidewalks on county and state right-of-way, a permit may be needed from them and comply with their conditions and specifications.
B. 
A permit, when issued by the Town, shall be valid for up to 180 calendar days. The permitted time period can be extended only if approved by the Code Enforcement Officer/Building Inspector. The permit may be revoked for cause and/or failure to comply with current design and specifications. Revocation of the permit shall be issued in writing. If the permit is revoked, it shall be unlawful for the person holding said permit, the owner of premises and/or his agents and employees to continue with the construction of the sidewalks.
C. 
The Code Enforcement Officer/Building Inspector shall be notified by the owner or contractor prior to commencement and provide a schedule for the work. The Code Enforcement Officer/Building Inspector or a Town representative shall inspect the work as necessary during construction. Disputes such as grades, thickness of concrete, workmanship and proper construction of sidewalks shall be decided by the Code Enforcement Officer/Building Inspector or other authorized Town representatives. The decision as to the quality of work and meeting the requirements of approved plans and specifications shall be final unless the party aggrieved shall, within 10 calendar days after the decision, apply to the Town Board to review the same. No new construction or replacement of sidewalks shall be carried out after revocation of permit or pending the decision of the Town Board. The decision of the Town Board shall be final. Violations of this article shall be prosecuted by the Code Enforcement Officer/Building Inspector.
A. 
Consistent with the Town's Complete Streets Policy and the Americans with Disabilities Act (ADA) Evaluation and Transition Plan, the Town recognizes the need to encourage and facilitate the development of a safe system of sidewalks for pedestrian travel and recreational use, which will enhance the health and safety of residents, business owners, and visitors. It is the Town's desire to encourage new construction or replacement of sidewalks along major and minor arterials, collector streets, and residential neighborhoods as part of the development or redevelopment of new projects.
B. 
During the project initial development phase, the Town's Complete Streets Policy that includes the checklist shall be referenced and adhered to the possible extent by the developer, engineer, Town Planning Commission and Town Board as part of the development or redevelopment of new projects.
C. 
As part of the review of subdivision and site plan application projects, the Planning Commission is authorized to consider the need to construct new sidewalks or replace deteriorated sidewalks and other pedestrian accommodations on the site as well as along the street frontage(s). Connections to building entry points or other focal points of the project should be included to provide accessible and connecting pedestrian routes. The cost of sidewalk construction shall be at the project developer's expense. In addition, the developer may be required by the Planning Commission to fund the services of a Town Designated Engineer (TDE) to oversee the construction of the project for compliance with the approved plans and specifications. The TDE will have the same authority as a Town representative to approve the work or disapprove if not in compliance with the approved plans and specifications.
D. 
The Town Board may authorize the construction or replacement of sidewalks along any public street as part of a Town sponsored project, with the cost of design and construction to be funded by the Town, unless other funding sources are obtained for the project. The Town may submit project applications for funding a portion or all the cost prior to committing Town resources.
E. 
The Schenectady County Department of Engineering and Public Works and the New York State Department of Transportation may construct or replace sidewalks along county and state highways, respectively in the Town, and are exempt from the permitting requirements stated in § 247-5.
F. 
Individuals, multiple landowners, and business owners may propose constructing or replacing sidewalks along public streets, provided the Town Board or Planning Commission approves the plans and specifications. The cost of sidewalk construction and any inspection services in this instance is to be funded by individuals, landowners, or business owners. Consideration may also be given by the Planning Commission as part of the review and approval process of a project to the establishment of a sidewalk district that would fund for future maintenance and replacement of the sidewalks.
A. 
The sidewalk surface must be firm, stable and slip resistant. The preferred sidewalk material is Portland Cement and meet the requirements of Section 608 in the Construction and Materials, New York State Department of Transportation, latest edition, and as amended by the Town specifications. Where sidewalks are located adjacent to a street, the overall width shall be a minimum of five feet, measured from edge to edge. The Planning Commission may require a minimum of six feet or more overall width in commercial areas. If sidewalks are placed adjacent to curbing or asphalt wing gutter, the width of the curb and wing gutter is not included as part of the sidewalk width. If due to physical constraints, five feet wide sidewalks in residential areas or six feet wide in commercial areas cannot be provided, a minimum of four feet is allowed, except that five feet wide by five feet long passage area is provided at a maximum distance of every 200 feet. The Town will only approve the reduced width in unusual circumstances such as due to physical or right-of-way constraints, where there is no other option to provide adequate pedestrian access and mobility.
B. 
The concrete sidewalks' thickness shall be a minimum of four inches, except at driveways where the thickness shall be a minimum of six inches. The minimum compressive strength of concrete shall be 3,500 psi at the end of 28 calendar days. All concrete exposed to freeze-thaw cycles shall contain air entrainment between the range of 5% to 7% in accordance with applicable sections of ACI and ASTM specifications. The contractor is to perform field and laboratory testing of the concrete as required by the code enforcement officer and provide the results to the Town prior to acceptance. Welded wire mesh shall be installed at the mid-point of the sidewalk thickness for additional strength. The mesh shall be six inches by six inches - W2.9 x W2.9 unless otherwise approved by the Town. The sidewalks shall include expansion joints and tooled edges, and the surface shall have a broom finish at right angles to the run of sidewalks. Gravel subbase shall be provided under the sidewalks at a minimum thickness of six inches.
C. 
Sidewalks shall not have vertical discontinuities. Where new sidewalks are constructed adjacent to an existing sidewalk and vertical discontinuities is present of up to 1/2 inches, the existing sidewalk to be beveled with a maximum grade of 50%. Anything larger than 1/2 inch, the existing adjacent sidewalk must be removed and replaced such that there are no vertical discontinuities.
D. 
Sidewalks located along the streets are preferred to be offset from the curb, wing gutter or pavement edge (where curb and wing gutter is not provided) five feet, measured from the back side of curbing, wing gutter or pavement to the front edge of sidewalk. If five feet is not available due to physical and right of way constraints, a minimum of three feet offset shall be provided. A landscaped treatment shall be provided between the curb, wing gutter or pavement and the front edge of sidewalk. Hard surface and other impervious materials between the curb, wing gutter or pavement and the front edge of sidewalk shall only be allowed in commercial areas and if approved by the Planning Commission. The hard surface may include brick, stone, decorative stamped concrete, asphalt, or other similar aesthetic materials as approved by the Planning Commission. For unusual circumstances where an offset cannot be provided, the Planning Commission may wave this requirement.
E. 
Asphalt surface will only be allowed on a very limited basis such as constructing a multi-use path to accommodate both pedestrians and bicyclists and approved by the Planning Commission. The design and cross section of multi-use paths shall meet the applicable design criteria and standards that include compliance with ADA design guidelines. The asphalt thickness shall be a minimum of four inches along with eight inches of subbase material.
F. 
Design and construction of sidewalks shall be consistent with the Town's latest American with Disabilities Act (ADA) Evaluation and Transition Plan dated February 2025, and latest Complete Streets Policy, along with any future revisions to those documents. All requirements shall be followed unless otherwise approved by the Town Planning Commission or Town Board.
G. 
At all pedestrian crossings, ADA accessible ramps shall be provided along with cast iron detectable warning units. Appropriate traffic control signs and high visibility crossing surfaces must be provided as per the latest version of the Manual of Uniform Traffic Control Devices and New York State Supplemental requirements.
H. 
Sidewalks must be accessible to all and located within the right-of-way when placed along a public street. If adequate right-of-way is not available, then land must be dedicated to the Town so that the sidewalk can be accessed by the public. The land will need to be dedicated to the Town in the form of transfer of landownership or via a permanent easement as determined by the Planning Commission.
I. 
The construction of sidewalks shall be performed in good and workmanlike manner, and no deviation from the plans and specifications will be permitted without prior approval from the Town. At the completion of the work, the Town will perform a final inspection, and if any corrections are identified, they will need to be made prior to acceptance.
J. 
Sidewalks typically follow the grades of the street. However, the sidewalk longitudinal grade should not exceed 5%. In addition, the vertical changes between sidewalk panels shall not be more than what is allowable for compliance with ADA requirements. The cross slope shall typically be 1.5% and not exceed 2%, except at roadway crossings, where the cross slope shall typically follow the street cross section.
K. 
Where sidewalks cross driveways, the recommended design is for the driveway profile to be modified to match with the sidewalk location and elevation. If due to unusual circumstances where that is not possible, the sidewalk can be sloped to accommodate the driveway profile but shall not exceed 5% running slope. The sidewalk material shall continue running across all driveways.
A. 
The minimum width for sidewalk curb ramps is five feet. The running slope shall be no greater than 5% and the maximum traversable slope in the direction of pedestrian travel shall not exceed 8.33%. A level landing pad at street intersections shall be provided.
B. 
Grates, access covers, and similar surfaces should not be located within the pedestrian access route, curb ramps and landing pads. Where this cannot be avoided, the long dimensions of the grates must be oriented perpendicular to the most frequent direction of travel.
C. 
Single diagonal curb ramps serving two street crossing directions should be avoided and only considered where there are no other practical alternatives. Each crossing should typically include two separate curb ramps.
The detectable warning units shall be provided at all crossings and comply with NYSDOT Standard Specifications. The material shall be made of cast iron and colored surface shall be red - federal standard number 31350, unless otherwise approved by the Town. The warnings shall be installed on a concrete surface.
Sidewalks shall be accessible to all users and meet or exceed the minimum requirements for design and construction as stated in other sections and as per ADA requirements. If full compliance is not possible due to physical and right-of-way constraints, accessibility must be provided to the maximum possible extent, and any noncompliance must be approved by the Town. The following shall be considered for all projects where pedestrian traffic is anticipated or expected:
A. 
Minimize where practicable pedestrian crossing distances at street intersections.
B. 
Provide pedestrian refuge islands where practicable at mid-block street crossings.
C. 
Provide pedestrian scale lighting to improve night-time visibility and overall safety.
D. 
At signalized intersections, provide accessible and safe pedestrian crossing features as per NYSDOT design standards and guidelines.
E. 
As part of a development project, any nearby deteriorated or nonaccessible sidewalks exist, they should be replaced at a minimum on the developed side, and preferably both sides of the street.
F. 
For residential development projects, new sidewalks should be provided along both sides of the street unless otherwise approved by the Planning Commission. For commercial development, the Town may require new sidewalks on one or both sides of the street to accommodate pedestrian travel.
G. 
Where trees, buildings and other objects overhang the sidewalk, a minimum vertical clearance of six feet six inches shall be provided. Any obstructions below the minimum vertical clearance shall be removed.
H. 
Adequate sight distance is to be provided at all locations, including pedestrian crossings. If that is not possible due to physical constraints, advisory signs, traffic calming measures or other devices may be required by the Planning Commission.
I. 
No concrete shall be mixed or prepared on the street surface or curbing and such mixing or preparing concrete on the street surface or curbing is hereby declared a violation of this article.
Enhancing the streetscape should be considered for all projects. This includes adding street trees, bushes, plantings, porous pavement, vegetated retention areas to treat stormwater, benches, and other amenities such as pedestrian scale lighting. However, landscaping, textured pavement, gateway treatments, lighting and other amenities are not to impede walkways, ADA access and sight lines.
All sidewalk projects shall be approved by the Planning Commission or Town Board during site plan or subdivision review and prior to the start of construction. If there are any sidewalks that do not comply with Town standards, the design engineer shall provide written justification for review and approval.