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Town of Southport, NY
Chemung County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[HISTORY: Adopted by the Town Board of the Town of Southport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals in streets — See Ch. 192.
Public gatherings — See Ch. 200.
Bicycles on sidewalks — See Ch. 213.
Street numbers for buildings — See Ch. 227.
Fire lanes — See Ch. 291.
Notification of defects — See Ch. 369.
Vehicles and traffic — See Ch. 497
Street and sidewalk construction specifications — See Chs. A534 and A535.
[Adopted 7-8-1975 by L.L. No. 1-1975 (Ch. 43 of the 1975 Municipal Code)]
The Town Board may, from time to time, by the adoption of orders, require the construction, relaying and repairing of sidewalks, the cleaning of the same and the removal of obstructions from the same, along Town, county, state and private roads, streets, highways, and parkways in the Town of Southport, Chemung County, New York, at the expense of abutting owners or otherwise pursuant to the authority and requirements of §§ 130(4) and 200-a of the Town Law.
No sidewalk shall be built, relaid or repaired or be permitted to be built, relaid or repaired along any road, street, highway or parkway in the Town of Southport, whether or not such sidewalk is in or along a Town or a county, state or private road, street, highway or parkway unless such construction shall conform to the lines and grades furnished and the specifications established by the Town Highway Superintendent or some other qualified person designated by the Town Highway Superintendent and approved by the Town Board and in conformity with all the specifications and requirements hereinafter set forth.[1]
[1]
Editor's Note: For street and sidewalk construction specifications, see Chs. A534 and A535.
All sidewalks built, relaid or repaired on any privately owned road, street, highway or parkway shall be subject to these regulations and comply in all respects with the regulations covering streets, the title of which is vested in the Town.
A. 
Application; referral; issuance. No sidewalk shall be built, relaid or repaired or work thereon commenced until the owner of the abutting premises in front of which said sidewalk is to be built, relaid or repaired or the authorized agent of the owner shall have obtained a permit therefore. Applications for such permits shall be made in writing to the Town Clerk. The application shall thereupon be referred to the Town Highway Superintendent or some other qualified person designated by the Town Highway Superintendent and approved by the Town Board, who shall fix and locate lines and grades and endorse the application that he has so acted. The Town Clerk shall thereupon issue the permit. The permit, when issued, shall have attached to it a copy of the sidewalk specifications approved by the Town Board.
B. 
Additional permits. If the location where sidewalks are to be built, relaid or repaired shall be upon a state or county highway, a permit shall first be obtained by the owner from the State Department of Transportation or the Superintendent of Highways of Chemung County as the case may be, unless such permit shall have been first obtained by the Town.
C. 
Terms and conditions; bonds. The Town Clerk may require such bonds or deposits and issue such permit subject to such terms and conditions as he may consider necessary for the protection of the Town.
Before the permit is issued by the Town Clerk the applicant shall pay to the Town a fee established by the Town Board which shall be equal in amount to the actual disbursements made by the Town as a condition to the issuing of a permit.
Whenever the Town Board adopts an order or orders directing the owners of the abutting respective lots or parcels of land in front of which it directs that sidewalks be built, relaid or repaired in accordance with the provisions of this article, the Town Board shall specify the place and time within which such construction shall be done. The Town Clerk shall give notice of the order thereof by registered letter addressed to each such owner at his address as it appears upon the assessment roll of the Town, or, in the alternative, by publication of a notice thereof in the official paper of the Town at least twice, the first publication of which shall be at least 15 days before the time specified for the completion of the work.
If, within the time prescribed within the order and notice, the sidewalks to be built, relaid or repaired, shall not have been so built, relaid or repaired, then the Town Board may cause the same to be done and audit and pay the expense of doing the same and assess the expense thereof against the property benefited as a whole, or in five or less installments, as provided in § 200-a of the Town Law.
A. 
Assessment of expenses. If such expense be assessed in installments, there shall be assessed as part of each installment, except the first, as interest, an amount not exceeding 6% of such installment, such rate to be fixed by the Town Board in the order providing for the assessment.
B. 
Lien. The provisions of law applicable to the sale of tax liens shall apply to any unpaid assessed installment with the interest thereon in the same manner as though such installment and interest had been assessed as an assessment payable as a whole.
C. 
Prepayment. Unassessed installments shall be prepayable at any time with interest computed thereon at the aforesaid rate from the date of assessment of the first installment to the date of payment of the particular installment.
D. 
Assessment resolution. If such expense be assessed as a whole, the Town Board resolution assessing such expense against a particular piece of property shall provide that the assessment against such property may be paid in five or less annual installments on the dates fixed by such resolution with interest, not exceeding 6% of each such installment.
Sidewalks shall be constructed in accordance with the following specifications:
A. 
Sidewalk dimensions. Sidewalks shall be four feet wide, unless otherwise approved. Sidewalks four feet or less in width shall have a total thickness of five inches. Sidewalks over four feet in width shall have a total thickness of five inches. A four-inch thickness of concrete may be used at the option of the builder, but the Town Board recommends that a five-inch thickness of concrete be used on all sidewalks.
B. 
Line and grade. Sidewalks shall be constructed to the line and grade established by the Town Highway Superintendent or some other qualified person designated by the Town Highway Superintendent and approved by the Town Board.
C. 
Porous fill. Any unsuitable subgrade material shall be replaced or where necessary, the level of the subgrade shall be raised. Run of bank gravel shall be used for such purpose. Proper erosion and sediment control measures as defined in Chapter 452, Stormwater Management; Erosion and Sediment Control, of the Code of the Town of Southport shall be installed.
[Amended 4-12-2005 by ordinance (Res. No. 105-2005)]
D. 
Expansion joints. Nonextruding premoulded expansion joints, extending completely through the joint, shall be placed at intervals not greater than 60 feet in sidewalks, along both street lines in sidewalks at street corners, and in joints where private walks or driveways join sidewalks.
E. 
Dimensions. Each flag shall be, except as directed four feet in width, five feet in length and five inches in thickness and shall be finished to an even upper surface.
F. 
Joints. Each joint shall extend the full depth of the flag and shall be formed by metal separating strips not less than 1/4 inch thick.
G. 
Concrete for sidewalks. Sidewalks shall be constructed of concrete one part Portland Cement, two parts sand, and three parts crushed stone or gravel, 5 1/2 gallons of water per ninety-four-pound sack of cement.
(1) 
Materials. Gravel and sand shall be screened, graded and washed free from injurious amounts of clay, loam and dirt and shall be No. 1 size. Sand shall be coarse natural sand and not more than 10% by weight of loam will be allowed. Cement shall be portland cement. Mixing water shall be suitable to drink. Mixing all materials shall be accurately measured by volume and shall be mixed for at least 1 1/2 minutes in a clean approved mechanical mixer until the color is uniform and there is a uniform distribution of materials.
(2) 
Placing, finishing, and curing. Concrete shall be handled in such a manner as to prevent the segregation of materials and intrusion of foreign matter.
(a) 
Concrete shall only be placed in clean, oiled forms set true to line, grade and dimensions, and only on well compacted, damp subgrades free from loose or objectionable materials and frost. Walks shall be given a "broom" finish.
(b) 
The base shall be thoroughly tamped with a heavy hand tamper to form a dense homogeneous mass.
(c) 
Immediately after finishing, the work shall be covered with canvas, burlap, or other approved material, which shall be kept moistened until properly cured.
(3) 
Protection. Concrete shall only be placed between April 15 and October 15, unless specifically approved by the Town Highway Superintendent or some other qualified person designated by the Town Highway Superintendent and approved by the Town Board. Precautions shall be taken to prevent freezing and to prevent the placing of concrete on frozen ground.
(4) 
Location. All sidewalks shall be located one foot inside the highway limits. In the case of where it would not be feasible to so locate such sidewalks, a sidewalk may be located at a different distance upon approval by the Town Board.
H. 
Inconsistent state or county specifications. Where a sidewalk is to be constructed upon a lot or parcel of land abutting a state or county highway, permission shall be obtained from the County Superintendent of Highways or the State Superintendent of Public Works, as the case may be, and any inconsistent or additional specifications of such Departments shall be deemed to apply and shall be followed for the construction of such sidewalks.
[1]
Editor's Note: See also Ch. A535, Supplemental Specifications for Installing Portland Cement or Asphaltic Concrete Sidewalks.
Any owner of real property abutting upon a street or highway situate within a certain designated area in which the Town Board has ordered sidewalks to be constructed, pursuant to the provisions of this article, and upon whose property there is situate at the time of making such order an existing cement sidewalk or hard surfaced walkway which is then being used for pedestrian travel, which has not been constructed pursuant to any approved specifications as provided by the Town of Southport, may apply to the Town Board for permission granting to such owner an additional period of time in which to construct the sidewalk as provided in such order and if the Town Board shall find that such existing cement sidewalk or hard surfaced walkway is then suitable for pedestrian travel, the Town Board may, in its discretion, extend to such owner an additional period of time to expire when the Town Board shall find that such existing cement sidewalk or hard surfaced walkway is no longer suitable for pedestrian travel. The granting of any additional period of time shall in no manner affect the other provisions of such order.
A. 
Cleaning and maintenance. Every owner, occupant and lessee of lands in the Town of Southport shall keep the sidewalks abutting such lands free from obstructions, snow, ice or icy conditions and shall at all times keep such sidewalk in good and safe repair and maintain the same, clean, free from filth, dirt and weeds.
B. 
Storage of materials. No person, owner, occupant or lessee shall place or keep or suffer to be placed or kept on such sidewalks any merchandise, display signs or other material things or in any manner obstruct or interfere with the use of any such sidewalk. Nothing herein contained shall prevent the temporary placing of merchandise or household furniture on the sidewalk while loading or unloading the same providing it be done without unnecessary delay.
A. 
Service of notice. Written notice of violations of the provisions of § 459-11 of this article shall be served by the Town Superintendent of Highways or the Code Enforcement Officer of the Town of Southport or the Special Town Policeman appointed pursuant to § 158 of the Town Law of the State of New York, as amended, or any other duly appointed designee or enforcement agency on the occupant, tenant or other adult person on the premises abutting the sidewalk on which the violation exists, describing the violation requiring the forthwith removal of the conditions constituting the violation.
[Amended 3-9-1993 by ordinance (Res. No. 82-93)]
B. 
Town to perform if occupant does not. In event such premises are untenanted or vacant, or if tenanted or occupied, the tenant, occupant or other adult person cannot with due diligence be found on the premises, or in event notice of violation is not forthwith remedied, the Town Superintendent of Highways is hereby authorized and directed to cause the same to be done at the expense of the Town, and any and all such expenses to be audited and paid by the Town.
The Town shall be reimbursed for the complete cost for the removal of conditions constituting violations of the provisions of this article pursuant to and in accordance with the manner hereinbefore provided in § 459-8.
The inspection of all sidewalks and the construction of the same shall be the duty of and done by the Town Highway Superintendent or some other qualified person designated by the Town Highway Superintendent and approved by the Town Board. The Town Superintendent of Highways is authorized and empowered and it shall be his duty to order the discontinuance of the building, relaying or repairing of any sidewalk in the Town of Southport, in violation of any of the provisions of this article including specifications approved by the Town Board for the building, relaying or repairing of sidewalks.
[Amended 3-9-1993 by ordinance (Res. No. 82-93); 5-11-1993 by ordinance (Res. No. 124-93)]
Any violation of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Town of Southport.
[Adopted 7-8-1975 by L.L. No. 1-1975 (Ch. 44 of the 1975 Municipal Code)]
A. 
Highway Superintendent to issue consent. No person shall open or cause to be opened by cutting or digging the surface, pavement or soil in any highway or public place under the jurisdiction of the Town without first obtaining the written consent of the Highway Superintendent and paying the prescribed fees therefor, or without complying with the provisions and conditions relating thereto as hereinafter provided.
B. 
Fees established by Town Board. The Town Board shall by resolution establish a uniform set of fees, for the written consent, which shall be based upon the estimated actual costs and expenses to be borne by the Town in restoring the highway or other public property to its former usefulness. The Town Board may, from time to time, change said fees to reflect changes in costs and expenses.
Any person making or causing to be made any such excavation in the highways or public places of the Town shall properly guard or barricade such excavation at all times, and install and maintain adequate and sufficient warning devices to warn the public, and shall restore the highway or public property to its former usefulness according to the next section of this article.
[Amended 4-12-2005 by ordinance (Res. No. 105-2005)]
All excavated materials shall be removed, following which all openings shall be carefully backfilled for their entire length, width and depth in the highway area, including the area between the curb and the property line, with bank-run gravel or crushed stone, well tamped. Additional bank-run gravel or crushed stone shall be added by the permittee as long as any settlement occurs, following which the pavement, curbing or other improvements shall be restored by the Town, as required. Proper erosion and sediment control measure as defined in Chapter 452, Stormwater Management; Erosion and Sediment Control, of the Code of the Town of Southport shall be installed.
A. 
Bond in lieu of paying fees. Public service corporations may, in lieu of paying the fees established pursuant to § 459-16 of this article, file with the Town Clerk a bond to be approved as to form, amount and sufficiency of sureties by the Town Attorney, conditioned upon the proper restoration of highways and public places, in accordance with the directions of the Highway Superintendent and to his satisfaction; the payment to the Town; upon demand, of any costs and expenses incurred by said Town; and the saving of the Town of Southport, its officers and employees, harmless from any loss, injury or damage due to opening highways or public places, or to any negligence or fault of such corporations, their employees, or agents, in connection therewith.
B. 
Separate permits not required; amount of bond. All persons engaged within the Town of Southport in the telephone, gas or electric business, or any other business, the nature of which would require or result in frequent applications for permits to make obstructions or excavations in the highways or public places of the Town, shall not, however, be required to obtain separate permits but in all such cases, a general bond shall be given in lieu of any permit indemnifying the Town of Southport from any and all loss, cost or damage as aforesaid resulting or arising directly or indirectly at any time from any act done by said public service corporation. Said bond shall be in the amount as determined by the Town Board and shall be renewed annually, or as long as such person continues to do business within the Town of Southport.
C. 
Notification required.
(1) 
Notwithstanding the foregoing, public service corporations shall advise the Highway Superintendent in writing as soon as feasible but no later than 30 days prior to making any obstructions or excavations of its intention to do so, except in case of emergency in which event notification shall be made as soon as possible prior to or after the emergency and need not be in writing.
(2) 
The Highway Superintendent shall have the power and authority to direct any public service corporation to coordinate its work with the Town, its independent contractors, or other persons authorized to make excavations or work in highways or public places.
D. 
Backfilling requirements. Excavations made by a public service corporation must be backfilled by it with bank-run gravel or crushed stone, in accordance with the provisions of § 459-18 of this article, except that the pavement, curbing, and other improvements must be restored by and at the expense of said corporation.
A. 
Applications. Applications for making an excavation in or upon any public highway or other public place within the Town of Southport will be accepted only if they are made by:
(1) 
A public service corporation, having on file with the Town Clerk a bond as required in § 459-19 of this article.
(2) 
Any other person whose application shall be accompanied by a bond in the amount as determined by the Town Board approved as to form and sufficiency of sureties by the Town Attorney, to be given by the person by or in whose behalf such consent or permission is requested, indemnifying the Town of Southport against all loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant.
B. 
The Town Board may in its discretion accept a certificate of insurance in an amount determined by it revocable only on 30 days' notice in lieu of the aforesaid bonds.
All work done pursuant to this article shall be done and performed subject to the supervision and approval of the Highway Superintendent.
[Amended 5-11-1993 by ordinance (Res. No. 124-93)]
Any violation of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Town of Southport.