No person, persons, firm or corporation, association
or property owner shall construct or cause to be constructed any sidewalk
in the Village of Port Chester, New York, upon any public highway
or public street without first obtaining from the Village Engineer
the proper grade line and sidewalk line.
No person, persons, firm or corporation, association
or owner of real property abutting upon any street in the Village
of Port Chester, New York, shall construct or cause or permit the
construction of a sidewalk in front of his said property of any material
other than blue stone or cement.
[Amended 4-5-1982 by L.L. No. 19-1982]
A.
Before any person, persons, firm or corporation, association
or owner of real property shall construct or lay a sidewalk in front
of property abutting upon any public highway, or a curb cut connection
between the sidewalk or highway, in the Village of Port Chester, New
York, he shall make application for a permit therefor from the Village
Engineer. Said application for such permit shall require the following
information:
[Amended 8-7-2017 by L.L.
No. 7-2017]
(1)
The name and residence of the applicant.
(2)
The location by lot and block number of the premises
in front of which the sidewalk is to be constructed and/or the curb
is to be cut.
(3)
The name and address of the owner of said premises.
(4)
The name and address of the contractor or other person
who is to construct the sidewalk and for cut the curb.
B.
Upon the approval of said application by the Village Engineer, the Engineer shall issue a permit for the construction of said sidewalk and a permit for said curb cut. There shall be paid to the Village, for each sidewalk and curb cut permit so issued, the fee as set forth in Chapter 175, Fees.
[Amended 11-3-1997 by L.L. No. 17-1997; 8-7-2017 by L.L. No. 7-2017]
C.
Excavations.
[Added 3-29-1989 by L.L. No. 7-1989]
(1)
Before any person shall dig into any sidewalk to
lay or relay any material, cable or anything through, on, over or
under any sidewalk or place any object, obstruction, box, call box,
pole, sign or other property on any sidewalk or street in the Village,
an application, including a drawing showing the proposal or object,
including the name of the applicant and the location of the proposal
shall be made to the Engineer, who shall refer the same to the Police
Department and Department of Public Works for report.
[Amended 8-7-2017 by L.L.
No. 7-2017]
(3)
If the application is complete, all reports will be
due 30 days after filing. If the Engineer, Police Chief or highway
foreman shall request additional information from the applicant, then
the 30 days will run from receipt of the same.
(4)
In the event that the approval is granted, the installation,
removal or placement shall be on notice to the Village Engineer, whose
approval must be obtained before any work can be done.
After the grade is obtained, no concrete sidewalk
shall be constructed except in accordance with the following specifications:
A.
After the sub grade has been brought to the required
line and grade, it shall be thoroughly compacted by puddling and tamping
to the satisfaction of the Village Engineer. Depressions from this
compacting process shall be brought to grade and again compacted until
the subgrade is of the required contour. Upon this subgrade cinders
free from unburnt coal and ashes shall be placed so that after thoroughly
compacting the thickness of the same shall be at least four inches.
B.
Forms for sidewalks shall be steel or of planed matched
lumber and shall be set true to line and grade and held rigidly in
position by pins driven in the subgrade. Forms shall be left in place
until the concrete is set sufficiently so that they can be removed
without injury to the sidewalk.
C.
Concrete in the proportion of one part cement, two
parts sand and four parts broken stone of No. 2 size shall be mixed
in an approved mechanical batch mixer, the mixing to continue for
at least 1 1/2 minutes after all the materials are in the mixer
drum, at a speed of not less than 12 nor more than 18 revolutions
per minute. All batches of concrete shall be proportioned to the size
of the mixer to produce the best results. No hand mixing will be allowed.
Concrete which has become partially set before placing in its required
position shall be discarded. No retamping will be permitted and all
materials must be approved by the Village Engineer before using.
D.
The concrete must be handled rapidly, deposited in
the forms, and each slab, which shall be five feet by five feet shall
be finished in one continuous operation, the wearing surface being
finished by the wood-float method and left moderately rough. The depth
of the concrete slab must be at least five inches. All edges of the
slab must be finished to a radius of about 3/8 inch. All forms to
be removed and the resulting spaces filled with sand after the concrete
is sufficiently set. Expansion joints of asphaltic matrix strip filler
1/2 inch in thickness shall be provided every 25 feet and at all joints
where the curb and sidewalk meet.
E.
The applicant will also be required to build such
connections between the sidewalk and the curb as may be directed by
the Village Engineer, for existing or proposed driveway construction
which shall conform in all respects to the above described. All driveways
shall be constructed in the manner directed by the Village Engineer
so as to afford full protection to pedestrians.
F.
The Village Engineer shall have the authority to reject
any material and workmanship which in his opinion is not in accordance
with these specifications. This he may do at any time prior to the
final completion of the work, even if the material and workmanship
had not been condemned at the time it was furnished. All rejected
material shall be removed from the site of the work and replaced by
material of approved quality.
G.
The applicant shall conduct his work in such manner
as to interfere as little as possible with the free flow of traffic
throughout the area in which the work is being done. A safe means
of ingress and egress shall be maintained at all times to residents
on the street. For this purpose the applicant shall employ such watchmen,
flagmen, barricades or other means which might be necessary to properly
control and direct said traffic. Barricades shall be erected in such
places as the Engineer may direct and shall be of sufficient strength
and permanence to serve the purpose for which they are intended. All
such barricades shall be protected at night with red lanterns or beacon
lights.
[Added 8-7-1972; amended 11-3-1997 by L.L. No. 17-1997; 12-20-2004 by L.L. No. 16-2004]
A.
It shall be the duty of the owner to keep the public
sidewalk in front of or adjoining the premises, which shall be deemed
to include that area between the established curbline and the private
property line, at all times in good repair and in a safe condition
and free from all obstructions and encumbrances.
[Amended 7-20-2015 by L.L. No. 7-2015]
B.
Whenever the General Foreman shall find any sidewalk
which has become in disrepair, dangerous or unsafe or has become a
nuisance through heaving, settling or breaking, he/she shall report
the same to the Village Manager of the Village of Port Chester, New
York, who shall cause to be served a notice upon the owner thereof
to immediately repair or replace the said sidewalk as directed or
that the village will undertake to do the work at the owner’s
expense. The notice shall be personally served upon the owner, or
upon a person of suitable age or discretion at the owner’s place
of residence, or conspicuously upon the subject property. In the event
that the owner of such sidewalk shall fail, refuse or neglect within
30 days of the service of such notice to comply therewith, the General
Foreman shall repair or replace the same, and the costs of such repair
or replacement shall be certified by the Village Manager to the Board
of Trustees at its next meeting for hearing, and thereafter said amount
shall thereupon become and shall constitute a lien upon the property
abutting said sidewalk. Nothing herein shall prevent the General Foreman
in his/her discretion to grant an extension of the thirty-day period
upon good cause shown.
[Amended 8-7-2017 by L.L.
No. 7-2017]
Any person owning, leasing or in possession
of lands in the Village shall maintain them at a level or grade not
lower than the level established for the adjoining sidewalk or sidewalk
line, as fixed by the Village Engineer, to a distance of not less
than six feet from the sidewalk or sidewalk line, unless he shall
have protected or walled off said land from the sidewalk or street
by a fence of such height and construction as shall have been approved
by the Engineer.
[Amended 7-7-1986 by L.L. No. 7-1986]
A.
The owner, lessee or occupant of any premises shall
keep the contiguous public sidewalks free from dirt, filth, weeds
and other obstructions or encumbrances, maintain and cut grass in
the area between the established curbline and the private property
line to a height of no more than 10 inches and shall cause such sidewalks
to be cleared of snow and ice within 24 hours after such snowfall
has ceased or ice has formed. If the owner, lessee or occupant shall
so fail to clear the said sidewalks after due notice is given, the
Village Manager or his/her designee may direct Village forces or an
independent contractor to do so, and the cost and the expense of same,
if not paid within 30 days of receipt of the bill therefor, shall
become a lien upon the property.
[Amended 1-31-2001 by L.L. No. 4-2001; 7-20-2015 by L.L. No. 7-2015]
B.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the village the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the village shall keep
the sidewalk and walkways, driveways, parking areas and other areas
adjacent to or in front of their business premises free of litter.
Said areas shall be swept clean within 1/2 hour after opening and
within 1/2 hour before closing the place of business.
C.
It shall
be unlawful for any person to throw, blow, plow or place any snow
or ice into the traffic lane of any street.
[Added 2-22-2011 by L.L. No. 3-2011]
[Amended 6-21-1999 by L.L. No. 7-1999]
No person who is the owner, lessee or occupant
of any premises adjoining any street, avenue or highway shall place
or keep, or permit to be placed or kept, on any sidewalk in front
of, adjoining or adjacent to such premises, any goods, wares or merchandise.
Nothing contained herein shall prohibit said persons from placing
or permitting goods, wares or merchandise on such sidewalk for the
purpose of loading and unloading for a duration not to exceed 30 minutes
and so long as said goods, wares and merchandise do not obstruct or
otherwise impede free pedestrian travel by leaving a minimum clear
distance of five feet in width as measured from the building line
to the curbline.
[Amended 11-3-1997 by L.L. No. 17-1997]
No merchant or purveyor of foods or other goods shall permit wheeled carts or conveyors provided by him for the convenience of patrons to remain on the sidewalks or street while not in use. Every such vehicle left on a sidewalk or street shall be considered an obstacle to traffic and a hazard to pedestrians and may, without notice, be seized by the police and taken to police headquarters; subject thereafter to restitution to its owner upon payment of a fee as set forth in Chapter 175, Fees.
