This article may be known and referred to as
the “Sidewalk Law of the Village of New Paltz.”
Certain words or terms, when used in this article,
shall have the following meanings:
The Board of Trustees of the Village of New Paltz.
The Building Inspector of the Village of New Paltz.
Any person who has lawfully entered upon and is in the possession
of a parcel of real property and who has an interest in the land which
he possesses.
Any person having a legal interest in real property.
Any person making use of a sidewalk for foot passage.
An individual, partnership, association, corporation, executor,
administrator, trustee, guardian, receiver, or other person having
a legal interest in real property.
A walkway along the margin of a street or highway designed
and prepared for the use of pedestrians, to the exclusion of motor
vehicles.
The Village of New Paltz.
The purpose of this article is to regulate the
construction, repair and maintenance of sidewalks in the Village of
New Paltz, the expense of construction thereof and the removal of
debris, rubbish and other obstructions therefrom.
All sidewalks in the Village, whether existing
or under construction on the effective date of this article, or hereafter
constructed, shall be subject to the provisions of this article unless
otherwise noted.
A.
Whenever the Board shall determine upon its own initiative
to construct a new sidewalk or repair an existing sidewalk in the
Village, the cost of the construction of the sidewalk shall be borne
by the Village.
B.
Whenever an owner or occupant of lands shall determine
upon his own initiative to construct or repair a sidewalk adjoining
a street in the Village, such owner or occupant shall construct or
repair the sidewalk at his own expense after the plans for the construction
thereof have been approved by the Building Inspector.
C.
Notwithstanding, an owner or occupant may apply to the Board for
the Village to pay a portion of the expense of the construction or
repair of a sidewalk. In order to obtain the consent of the Board
of Trustees, the owner or occupant shall submit all plans for construction
or repair of the sidewalk to the Building Inspector for his approval.
If the Building Inspector determines that the plans conform with the
construction standards of sidewalks of the Village, the owner or occupant
may then apply to the Board for consent of the Village to pay a portion
of the expense of construction or repair thereof. The application
shall be presented to the Village Clerk and shall include the final
plans and specifications as approved by the Building Inspector and
a copy of the contract, if any, or itemized estimate of the cost of
construction or repair. If the Board of Trustees is satisfied that
the construction or repair of the sidewalk is in the interest of the
general public, the Board shall approve the project and shall reimburse
such owner or occupant 1/2 of the actual and necessary expense of
construction or repairing the sidewalk. This apportionment of the
expense shall be applicable in every situation where the Board agrees
that the Village will pay a proportionate amount of the expense. In
the event it appears likely that the proportionate share of the Village
shall exceed the sum set annually by resolution of the Board of Trustees
(or such other minimum amount which shall at the time be determined
by § 103 of the General Municipal Law as requiring the advertising
for bids for a public work), the contract for the construction of
the sidewalk shall be awarded to the lowest responsible bidder furnishing
the required security after advertisement by the Village for sealed
bids, in the manner provided by § 103 of the General Municipal
Law. In lieu of paying the owner or occupant the proportionate share
as herein determined, the Board may determine that the Village will
pay the entire cost of construction or repair and assess the proportionate
share of the owner or occupant to the real property abutting the improvement,
as provided in Article 22 of the Village Law.
[Amended 10-22-2014 by L.L. No. 13-2014]
The Board shall adopt rules and regulations
governing the standards for construction of sidewalks within the Village,
including base and subbase materials, grade, width and curbs.
A.
No person shall place or cause to be placed or permit
to remain upon any sidewalk any debris, rubbish or other obstruction
to the free use of such sidewalk except as expressly authorized or
permitted by the Building Inspector of the Village.
B.
No person shall obstruct or otherwise encumber any
sidewalk within the Village for the purpose of parking, repairing,
overhauling or otherwise altering any motor vehicle.
C.
Where a sidewalk has not been set aside along the
margin of a street or highway adjoining that portion of business or
commercial premises used for access and parking, including, but not
limited to individual stores, shopping centers and gasoline service
stations, the owner or occupant shall provide a path at least four
feet in width throughout the length of the premises free and clear
of any debris, rubbish or other obstruction for use by pedestrians
as a walkway.
No person shall operate any motor vehicle or
bicycle upon any portion of any sidewalk within the Village, except
for the purpose of crossing such sidewalk to enter or leave the adjoining
premises.
No person shall paint, mark, write, print or
stencil any letters, fixtures, pictures, characters or marks of any
kind upon any of the sidewalks within the Village, whether for advertising
purposes or otherwise, without the prior approval of the Building
Inspector of the Village.
[Amended 8-27-2008 by L.L. No. 7-2008]
A.
The owner or occupant of any real property, whether
vacant or improved by any buildings, abutting any sidewalk in the
Village shall keep such abutting sidewalk and/or fire hydrants free
and clear of debris, rubbish or any other obstruction at all times.
B.
Within 12 hours after the accumulation of any debris,
rubbish, or other obstruction on the sidewalk and/or fire hydrants,
the owner or occupant shall remove or cause the same to be removed
or cleared entirely from the said sidewalk and/or fire hydrant.
C.
If debris, rubbish or other obstruction shall remain on a sidewalk
for more than 12 hours, the Village may provide for the removal thereof
at the expense of the owner or occupant of the abutting premises.
The charge to be collected for the removal of debris, rubbish or other
obstructions shall be at the rate as set annually by resolution of
the Board of Trustees (administrative fee) on each such occasion plus
the reasonable costs associated with the removal and disposal of said
debris, rubbish or obstruction. The charge to be collected for the
removal of debris, rubbish or other obstruction from around a fire
hydrant and between the hydrant and the street shall be at the rate
as set annually by resolution of the Board of Trustees (administrative
fee) plus the reasonable costs associated with the removal and disposal
of said debris, rubbish or obstruction. The Village Building Inspector
shall send a statement to the owner or occupant of the premises abutting
the sidewalk from which the debris, rubbish, or other obstruction
shall have been removed for all appropriate fees, costs and charges.
If the charges, as invoiced by the Building Inspector, are not paid
within 45 days from the date of the invoice, said charges shall become
a lien upon the premises abutting the sidewalk and shall be collected
by the Village Treasurer as an assessment upon said premises on the
real property tax statements issued by him on the tax collection date
next following as provided by law. The collection of this charge shall
not preclude the Village from pursuing any other civil or criminal
remedies which may be available to enforce the violation of this section.
[Amended 10-22-2014 by L.L. No. 13-2014]
This article shall not be deemed to impose or
limit the liability of the Village or of the owner or occupant of
the abutting premises for damages or injuries to person or property
sustained by reason of a sidewalk being defective, out of repair,
unsafe, dangerous or obstructed or in consequence of the existence
of debris, rubbish, or other obstructions thereon. The filing of an
application by an owner or occupant for the Village to pay a proportionate
share of the expense of the construction or repair of a sidewalk shall
not be deemed to constitute written notice of a defective, unsafe,
dangerous or obstructed condition, as required by § 6-628
of the Village Law or § 9804 of the Civil Practice Law and
Rules, or any laws, statutes, or regulations supplementary thereto
or amendatory thereof.
The invalidity of any clause, sentence, paragraph,
or provision of this article shall not invalidate any other clause,
sentence, paragraph, or provision thereof and the same shall continue
in full force and effect.
