This article shall be known and may be cited
as the "Sidewalk Installation, Maintenance and Repair Law" of the
Town of Niskayuna.
The purpose of this article is to:
A. Promote the maintenance of safe and adequate sidewalks
for pedestrian use by regulating the manner of construction, reconstruction,
repair and maintenance of sidewalks that are on the Town right-of-way;
B. Provide construction standards and specifications
for the reconstruction, repair and maintenance of sidewalks on the
Town right-of-way;
C. Prohibit any construction, reconstruction or repair
which does not comply with such regulations; and
D. Provide guidelines for assuring the safety of such
sidewalks and for delineating responsibilities of the Town of Niskayuna
and of the property owner.
As used in this article, the following terms
shall have the meanings indicated:
PROPERTY OWNER(S)
That person(s) shown in the records of the County Clerk as
the holder of title to said real property, and also any beneficial
owner of the premises, such as a contract vendee in possession, who
has the duty to pay the taxes on the premises.
SIDEWALK(S)
Existing sidewalks, those presently under construction, if
any, and any future sidewalks constructed after the date of the adoption
of this article which abut Town roadways.
TOWN
The Town of Niskayuna, New York.
Sidewalks shall be considered to be unsafe if,
by determination of the Superintendent of Highways, they are broken,
cracked, lifted, spalled or scaled, or otherwise deficient so as to
cause a clear and present danger to pedestrians. Upon such determination,
the owner of the property where the sidewalk is located will be notified
of the need to repair or replace the sidewalk in question. The cost
of the repair or replacement shall be borne by the property owner.
No sidewalk shall be constructed, repaired,
or any work commenced until the owner of the premises in front of
which the sidewalk is to be constructed or repaired, or the authorized
agent of the owner, shall have obtained a permit. Applications for
the permit shall be made in writing to the Superintendent of Highways.
Accompanying each permit shall be a diagram specifying the lines of
grades and width of the sidewalk to be constructed or repaired and
such other information as may be required by the Superintendent of
Highways. No permit required by this section shall be issued without
the approval of the Superintendent of Highways.
The inspection and construction of all sidewalks
shall be the responsibility of the Superintendent of Highways or his
designee. The Superintendent of Highways is authorized and empowered,
and it shall be his duty, to order the discontinuance of the building,
re-laying or repairing of any sidewalk in the Town of Niskayuna in
violation of any of the provisions of this article.
The Town will not be responsible for damage
to sidewalks in the form of cracked or lifted blocks caused by tree
roots or for any root damage.
No blacktop or blacktop sealer of any kind shall
be permitted along the path of a sidewalk when it crosses a driveway
or parking area. Exceptions to this provision will be allowed only
if such conditions preexisted this article, unless deemed hazardous.
When such preexisting blacktop deteriorates or is to be replaced or,
when the blacktop driveway abutting such a blacktop area is to be
replaced, the blacktopped sidewalk area must be replaced with concrete.
The Town shall be reimbursed for the cost of
re-laying or repairing any sidewalk when made by the Superintendent
of Highways pursuant to this article by the owner of the respective
lot or parcel of land in front of which the repair was made, by assessment
upon and collection from the lot or parcel of land termed benefited
by the repair and collected in the same manner and at the same time
as other special assessment and ad valorem Town charges.
If any clause, sentence, paragraph section or
part of this article shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.