[Adopted 11-6-1989 (Ch. 37, Art. IX, of the 1979 Code)]
The objective of this policy is to conserve
the existing sidewalk to the maximum extent possible, to provide for
a systematic rebuilding and expansion program for sidewalks in the
Village and to provide a procedure for exceptions to the general policy.
A.
The Mayor shall choose members of the community to
serve on a Sidewalk Advisory Committee, or such duties shall be referred
to an existing Village committee, to be approved by the Village Board.
The Committee shall:
[Amended 4-15-2002 by L.L. No. 4-2002]
B.
In establishing its recommendations, the Committee
shall consider the condition of the existing sidewalk, the degree
of hazard present and the density of use on that sidewalk.
[Amended 4-15-2002 by L.L. No. 4-2002]
Prior to granting a building permit for a construction
or reconstruction project, whose estimated cost is at least $25,000,
the condition of the existing sidewalk shall be assessed. If the sidewalk
is found to be in a condition not adequate, the building owner shall
be responsible for rebuilding the sidewalk to Village standards as
part of the project, and a certificate of occupancy shall not be granted
until rebuilding is completed. If the estimated cost of the sidewalk
exceeds 10% of the estimated cost of the building construction project,
the Village may pay for some portion of the additional cost, upon
recommendation of the Sidewalk Advisory Committee. Appeals for exception
of this provision may be made on application to the Village Board.
A.
Each year the Village Board shall budget an appropriate
amount for sidewalk reconstruction and/or extension.
B.
Priority for construction shall be recommended by
the Sidewalk Advisory Committee.
C.
To the maximum extent possible, whole block lengths
or significant fractions of blocks shall be replaced at one time.
D.
The new sidewalk shall be built using standards adopted
by the Village Board on recommendation of the Sidewalk Advisory Committee.
These standards shall include width, pitch for water drainage, materials,
setback from road curb, driveway aprons, regrading of adjacent lawns
and other standards as may be necessary.
E.
The Village of Delhi shall be responsible for all
costs associated with sidewalk reconstruction under this section of
the policy.
F.
If a particular property owner refuses to cooperate
with sidewalk reconstruction, the condition of the existing sidewalk
shall be documented and photographed, and the property owner shall
be notified, in writing, that the Village of Delhi will not be held
liable for injuries caused by the condition of the sidewalk.
If a property owner wishes to have his sidewalk
leveled or rebuilt before it reaches the top of the priority list,
or if he wishes it to be rebuilt of materials that are more expensive
than the established standards (e.g., slate), the Village of Delhi
may pay up to 50% of the cost of such work upon approval by the Village
Board. Such approval will be made on a case-by-case basis, without
establishing a precedent, and shall be based on the condition of the
existing walk, the degree of hazard present, the density of use, funding
available in the Village budget and any aesthetic factors that might
make alternate materials appropriate.
