[Amended 8-10-1987 by L.L. No. 4-1987; 10-21-2013 by L.L. No. 13-2013]
The Board of Trustees may from time to time
by resolution require the construction and repair of sidewalks, curbs
and gutters along the streets and highways in the Village of East
Rockaway, and the removal of snow, ice, dirt, filth, rubbish, hedges
or weeds or obstructions or encumbrances of every kind from such sidewalks,
curbs and gutters, at the expense of the abutting owner or otherwise
upon such notice as set forth in this chapter.
No sidewalk or curb shall be constructed or
permitted to be constructed along any street or highway in the Village
unless the construction shall be of concrete or other suitable material
approved by the Board and shall conform to lines and grades established
by the Village Engineer with the authority and approval of the Board
and in conformity with all of the specifications and requirements
hereinafter set forth.
No sidewalk or curb or driveway shall be constructed
or work thereon commenced unless and until the owner of premises abutting
upon such sidewalk shall receive a permit therefor.
B.
No permits shall be issued until the Village Engineer shall first certify his approval of the lines and grades thereof, and such permit shall specify the lines and grades of such construction and may make such additional requirements and restrictions in respect to the construction thereof in addition to the specifications provided in §§ 250-7 through 250-14 hereof as circumstances may require.
C.
A permit fee shall be charged to the abutting property
owner for each application to repair, reconstruct or install a sidewalk,
curb, curb cut or driveway apron; said fee shall also be charged to
the abutting property owner when such repair, reconstruction or installation
has been so ordered by the Village of East Rockaway.
[Amended 5-14-1956; 6-23-1969; 1-14-1974; 11-29-1978 by L.L. No. 3-1978; 10-15-1980 by L.L. No. 3-1980; 7-8-1985 by L.L. No. 2-1985; 6-13-1988 by L.L. No. 12-1988; 9-12-1994 by L.L. No. 3-1994; 12-10-2018 by L.L. No. 2-2018]
D.
In addition to the permit fee herein required, if
new lines and grades are necessary, the property owner or contractor
shall pay the cost of establishing lines and grades.
[Added 6-13-1988 by L.L. No. 12-1988; amended 12-10-2018 by L.L. No. 2-2018]
E.
The fees
to be charged under the provisions of this chapter shall he determined
from time to time by resolution of the Board of Trustees.
[Added 12-10-2018 by L.L. No. 2-2018; amended 4-8-2019 by L.L. No. 3-2019]
The work of constructing, repairing or relaying
sidewalks, curbs, driveways or gutters shall be performed under the
supervision of the Village Engineer, and all materials used and workmanship
shall be subject to his inspection and approval.
A.
All sidewalks, curbs, gutters, driveways or pavements
laid upon any private street or on the streets of any new development
shall be subject to the same regulations and must comply in all respects
with the regulations governing streets, the title to which is vested
in the Village.
B.
All repair or replacement of existing sidewalks, curbs,
gutters or driveways shall conform to the regulations applying to
new construction.
A.
The grade of the gutters shall be maintained at the
grade established by the Village Engineer. No ashes, cinders or other
material shall be placed in the roadway in such a manner as to interfere
with proper drainage. The grade of the ground adjoining all sidewalks
shall be sufficiently low on one side thereof to prevent the collection
of water on the sidewalk.
B.
All repair or replacement of existing sidewalks, curbs,
gutters or driveways shall conform to the existing established lines
and grades.
[Added 8-10-1987 by L.L. No. 4-1987]
As used in this article, the following terms
shall have the meanings indicated:
The party or parties contracting for or doing any work described
herein or the authorized representatives of such party or parties.
Every entrance or exit used by vehicular traffic to or from
lands or buildings abutting a highway or street.
[Added 11-13-1989 by L.L. No. 6-1989]
The Village Engineer or his authorized representative.
Before delivery on the job, and at such other
times as the Engineer deems necessary, the contractor shall furnish
any required samples of the materials hereafter mentioned. The materials
used shall pass the following requirements.
The cement shall meet the requirements of the
current Standard Specifications for Portland Cement of the American
Society for Testing Materials. A sack containing 94 pounds of cement
will be considered one cubic foot.
A.
The fine aggregate shall consist of clean, hard, durable,
uncoated particles of sand, free from organic materials. One hundred
percent shall pass a one-fourth-inch screen, and 95% shall be retained
on a 100 mesh screen. Not more than 25% shall pass a 50 mesh screen,
It shall be well graded from coarse to fine and shall not contain
more than 5% by weight of clay or loam, none of which shall be in
lumps.
B.
When the fine aggregate is mixed with portland cement
in the proportion of one part cement to three parts fine aggregate
by weight, according to the standard method of making briquets, the
resulting mortar at the age of seven and 28 days shall have a tensile
strength of at least equal to that developed in the same time by mortar
of the same proportions and consistency made of the same cement and
standard Ottawa sand.
Coarse aggregate may be broken stone or gravel.
A.
The broken stone or gravel shall be clean, hard, durable
uncoated rock. It shall contain no vegetable or other deleterious
matter and shall be free from soft, thin, elongated or laminated pieces.
B.
One hundred percent of the coarse aggregate shall
pass a one-inch screen, and at least 95% shall be retained on a one-fourth-inch
screen, with all intermediate sizes retained.
C.
The use of pit-run gravel will be permitted at the
discretion of the Engineer in the base of two-course sidewalks, curbs,
gutters and driveways, where the ratio of fine material to coarse
is approximately that required for the specified mix.
Forms shall be of lumber two inches thick or
of steel of equal strength, except on curves, where flexible strips
may be used. They shall be held rigidly in place by stakes or braces
with top edges at true line and grade given by the Engineer. Ends
of the adjoining forms shall be flush. The forms shall be set to give
the walk a slope toward the curb of one-fourth-inch per foot of width.
A.
Division plates. Where division plates are used, they
shall be of one-eighth-inch steel, as wide as the depth of the slab
and as long as the width of the walk. Forms and division plates shall
be thoroughly cleaned and oiled each time before they are used.
B.
Subgrade.
(1)
That portion of the ground surface directly beneath
the slabs shall be called the "subgrade."
(2)
All soft and spongy material in the subgrade shall
be removed and replaced with suitable material. Fills shall be compacted
in layers not exceeding six inches in thickness. Areas previously
compacted by traffic shall be loosened to a depth of six inches. The
whole subgrade shall be thoroughly and uniformly compacted to a firm
surface having as nearly as possible a uniform bearing power.
(3)
A template, resting upon the side forms and having
its lower edge at the exact elevation of the subgrade, shall be drawn
along the forms before any concrete is laid. Any high places in the
subgrade shall be removed so that the template shall pass over without
being raised off the side forms or being tipped at an angle to the
sidewalk surface.
(4)
The subgrade shall be damp, but not muddy, when concrete
is placed upon it.
C.
Drains. Where, in the opinion of the Engineer, it
is considered necessary to save the walk from damage by frost action,
drains of four-inch tile shall be laid to the lines and grades given
by the Engineer.
D.
Thickness and proportions.
(1)
The sidewalk in residential areas shall consist of
one four-inch course of concrete in the proportion of one part portland
cement, 2 1/2 parts of fine aggregate and four parts of coarse
aggregate. All materials shall be accurately measured in a manner
approved by the Engineer.
(2)
All sidewalks shall be at least four feet wide.
(3)
Sidewalks in areas designated or zoned as business
property shall be at least five inches thick, of the above-mentioned
proportions.
E.
Mixing.
(1)
The ingredients of the concrete shall be thoroughly
mixed until each particle of fine aggregate is coated with cement
and each particle of coarse aggregate is coated with mortar.
(2)
Where a mechanical mixer is used, it shall be of an
approved batch-type. Each batch shall be mixed at least one minute
from the time all the materials, including water, are in the drum
until the beginning of the discharge.
(3)
Consistency of the mixed concrete shall be such that
no separation of the ingredients takes place and some tamping is necessary
to bring the mortar to the surface.
F.
Placing and finishing.
(1)
The freshly mixed concrete shall be placed immediately
on the prepared subgrade. It shall then be struck off and tamped with
a straightedge template, resting upon the side forms and advanced
with a crosswise sawing motion.
(2)
It shall then be rolled with a light sheet iron roller,
weighing approximately one pound per linear inch of surface contact
and floated with a wooden float until the surface has a true contour
and the concrete is thoroughly compacted.
(3)
The placing of concrete shall not be suspended for
45 minutes or longer except at the end of a slab.
(4)
No concrete shall be placed on a frozen subgrade or
when the temperature is, or is liable to be, within 24 hours, below
35° F. except with the written permission of the Engineer.
G.
Jointing.
(1)
The walk shall be cut into separate rectangular slabs.
No plain concrete slab shall be longer than six feet on any one side.
(2)
Where division plates have been used, they shall be
removed after the concrete has hardened sufficiently to avoid breaking
the edges or corners of the slabs.
(3)
Where the division plates have not been used, the
partially set concrete shall be cut through to the subgrade. Care
shall be taken to make the cut at right angles to the surface of the
sidewalk.
(4)
The surface edges of each slab shall be rounded to
a radius of about one-fourth-inch. Markings shall be exactly at cuts
between slabs.
H.
Expansion joints. Expansion joints shall extend from
the surface to the subgrade and be truly at right angles to the sidewalk
surface. They shall be placed as follows:
(1)
At or near all places where the sidewalk line intersects
a curbline or other sidewalk, a one-inch expansion joint shall be
made at right angles to the center line of the walk.
(2)
Where the sidewalk fills the space between the curb
and the building line, a one-half-inch expansion joint shall be placed
between the curb and the sidewalk and between the sidewalk and the
building.
(3)
A one-half-inch expansion joint shall be made across
the walk at approximately fifty-foot intervals.
The foregoing specifications concerning terms,
materials, forms, subgrade, drainage, subbase, mixing, placing, finishing,
jointing and curbing shall govern the construction of two-course sidewalks
except as noted below:
A.
Thickness proportions.
(1)
Two-course sidewalks, in residential areas, shall
consist of a base 3 1/4 inches thick, composed of concrete in
the proportions one part portland cement, three parts of fine aggregate
and five parts coarse aggregate and a top coat 3/4 of an inch thick,
composed of mortar in the proportions one part portland cement and
two parts fine aggregate. All sidewalks shall be at least four feet
wide.
(2)
Sidewalks in area designated or zoned as business
property shall be at least five inches thick and shall consist of
a four-inch base with a one-inch top as mentioned above.
B.
Laying base.
(1)
The base shall be deposited on the subgrade and thoroughly
compacted by tamping. it shall then be struck off by a template which
shall leave it nowhere less than 3/4 of an inch below the finished
surface.
(2)
Before the initial set of the bottom course has taken
place, it shall be covered by the mortar for the top coat.
The foregoing specifications concerning terms,
materials, forms, subgrades, drainage, subbase, mixing, placing, jointing
and curing shall govern the construction of curbs and gutters and
combined curbs and gutters except as noted below:
A.
Thickness.
(1)
Curbs shall be at least six inches thick and at least
18 inches deep. The gutters shall have aprons at 18 inches wide and
shall be at least six inches thick.
(2)
The combined curb and gutter shall be at least six
inches thick, the curb 12 inches high and the apron at least 18 inches
wide and six inches thick.
(3)
The section of the curb. gutter or combined curb and
gutter shall be of a design approved by the Engineer.
B.
Proportions. The proportions shall be one part portland
cement to three parts sand and five parts coarse aggregate base with
one part portland cement and two parts sand top or one part portland
cement, 2 1/2 parts sand and four parts coarse aggregate for
one-course construction.
C.
Expansion joints. The curbs, gutters and combined
curbs and gutters shall be cut into sections not longer than 20 feet
and shall be provided with a one-half-inch expansion joint every 50
feet at the ends of all curves.
[Amended 8-10-1987 by L.L. No. 4-1987]
Any person committing an offense against any
provision of this article shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
A.
No driveway shall be constructed in the Village connecting
the abutting property to a Village street without a permit therefor
as hereinafter provided and only in conformity with the provisions
of this section, except that a permit issued for the construction
of a sidewalk may include a permit for the construction of a driveway.
B.
No permit for the construction of a driveway shall
be granted which shall be less than eight or more than 20 feet in
width except by resolution of the Board.
[Amended 11-13-1989 by L.L. No. 6-1989]
C.
Permits shall be issued for the construction of driveways
in the same manner and subject to the same regulations as the construction
of sidewalks.
[Amended 8-10-1987 by L.L. No. 4-1987]
Whenever a sidewalk has been constructed without a permit therefor or is constructed in violation of such permit, or without conforming to lines and grades or where such sidewalk shall not conform to specifications herein provided, on the direction of the Village Engineer, notice may be given to the abutting owner to remove, repair and replace the same pursuant to Article III hereof, and upon the failure of such abutting owner to remove, replace and repair the same, such removal, repair and replacement may be performed by the Village and assessed upon such property as provided in Article III hereof, and the removal, repair and replacement of such sidewalk at the expense of the abutting owner shall be in addition to any other fine or penalty prescribed or imposed for the violation of this article.
