[Adopted 5-7-2002 by L.L. No. 3-2002]
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:
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.
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.
The Town of Niskayuna, New York.
A.
Where a sidewalk abuts a Town roadway, it shall, in
all cases, be the duty of the owner of every lot or piece of land
in the Town to keep sidewalks adjoining his/her lot or piece of land
in good repair, and to remove and clean away all snow and ice and
other obstruction from such sidewalks.
B.
Failure to do so will result in the costs of any repair
done by the Town to be assessed against the property owner and, further,
said property owner shall be liable in tort for any injuries to any
person or property as a result of his/her failure to comply with this
article.
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.
A.
No sidewalk shall be constructed or permitted to be
constructed or repaired along any street, road, highway or parkway
in the Town of Niskayuna unless such construction shall conform to
the following specifications:
(1)
All sidewalks shall be constructed with a minimum
of four inches of Portland Cement concrete sidewalk in accordance
with New York State Department of Transportation Standard Specifications,
Item 608 (latest edition).
(2)
The subgrade shall be at least six inches thick and
conform to the Town of Niskayuna Street Specifications for Subgrade.
(3)
For the replacement or repair of existing sidewalks,
the width shall be the same as existing or as ordered by the Superintendent
of Highways.
(4)
For the construction of a new sidewalk where no sidewalk
previously existed, the sidewalk shall be constructed in accordance
with all applicable standards and guidelines.
B.
Unusual circumstances which may affect installation
or cause a deviation from these specifications shall be handled on
a case-by-case basis after investigation by the Superintendent of
Highways or his designee. In such cases, the Superintendent of Highway's
or his designee will provide the homeowner with written notification
of the Superintendent of Highway's or his designee's decision.
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.
A.
Whenever the Town Board adopts an order pursuant to
§ 200-a of the Town Law directing the abutting owners of
the respective lots or parcels of land in front of which it is desired
that sidewalks be re-laid or repaired in accordance with this article,
the Town Board shall specify the place, manner and time within which
the repair shall be completed, which time shall not be less than 60
days from the issuance of the order.
B.
The Town Clerk shall serve a copy of the notice by
certified mail within five days of adoption of the order of the Town
Board upon the owner or owners, and by first class mail upon the occupant
or occupants of the land in front of which it is desired that such
repair shall be done.
C.
Upon receipt of the written notice, the property owner
shall make every attempt to correct the deficiency noted within a
reasonable time after receipt of the notice. In no event shall more
than 60 calendar days elapse between receipt of the written notice
and correction of the deficient or unsafe sidewalk.
A.
Whenever a notice to re-lay or repair a sidewalk pursuant
to an order of the Town Board has been served upon an owner of a lot
or parcel of land in front of which it is desired that sidewalks be
re-laid or repaired and the owner shall not cause the repair to be
made to the sidewalk as required by the notice, the Superintendent
of Highways is authorized and directed to cause the repair to be made
as required by notice.
B.
The Superintendent of Highways is hereby authorized
to perform such work or repair with Town employees, or cause a contract
to be let therefor, and to audit and pay for the work out of the funds
to be appropriated by the Town Board for such purposes.
C.
If said expense, as determined by the Town Board,
is not paid within 30 days after billing to the property owner, such
a charge shall be a lien upon the property benefited, and shall be
added to the property owner's tax bill as an assessment.
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.
