Village of Phoenix, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-16-1999 by L.L. No. 1-1999]
The purpose of this article shall be to preserve the public peace and good order in the Village, to contribute to the public welfare, safety and good order of its people and to contribute to the safe conveyance of its people over the streets and sidewalks of the Village by enacting this article regulating the construction, maintenance, repair and removal of snow and ice from streets and sidewalks of the Village that is consistent with the rights and privileges of other residents of the Village. The lack of proper sidewalk maintenance and repair and snow removal practices is a vexation and annoyance not only to the traveling public but to the owners and occupants of adjoining lands.
The owner of any premises shall keep the sidewalks within the street right-of-way in good and safe repair, as defined herein, for users thereof and shall be responsible for all necessary preventive, corrective and day-to-day maintenance to accomplish such result. Any lawsuits or actions for damages due to such deficiencies in sidewalks shall be brought solely against the property owner(s).
The elimination of existing sidewalks within the Village of Phoenix is prohibited without specific authorization of the Village Board of Trustees.
A. 
A defective sidewalk shall mean any sidewalk which has any or all of the following conditions:
(1) 
Unacceptable quality of sidewalk surface, including but not limited to holes, depressions, breaks or protrusions.
(2) 
Ridges or gaps between adjoining sidewalk blocks.
(3) 
Differences in elevation of the surface or of adjoining sidewalk blocks.
(4) 
Peeling or crumbling of the surface of the sidewalk.
(5) 
Tilting of sidewalk or sidewalk blocks, except in the case of handicap ramps, driveway approaches or other similar situations.
(6) 
Missing portions of surface.
B. 
The above shall be applicable regardless of the type of sidewalk that exists, whether flagstone, brick, concrete, blacktop or any other material.
C. 
All defective sidewalks within the terms stated above are hereby declared to be a public nuisance and shall be repaired or replaced by the property owner(s).
[Amended 12-2-2008 by L.L. No. 3-2008]
A. 
Permit required.
(1) 
Before engaging upon sidewalk removal, repair, replacement or new construction, the owner or the contractor, on behalf of the owner, must first obtain a permit from the Superintendent of Public Works or his or her designated agent. Applications for said permit shall be furnished by the Superintendent at no charge.
(2) 
A copy of any permit issued in accordance with this article shall be in the possession of the persons actually doing the work and be available for inspection by the Superintendent of Public Works or his or her representatives at the project site.
B. 
Quality; inspection. The property owner shall be responsible for the quality of the finished sidewalk. The Superintendent of Public Works or his or her designee may inspect the project from time to time, and the Superintendent of Public Works may require the owner to remove and replace new construction that does not meet construction standards as set forth herein, and as may be modified from time to time. For all purposes of this Chapter 165, in the absence or vacancy of a Superintendent of Public Works, the Mayor, Village Administrator or other designee shall serve. The Superintendent of Public Works shall be notified before concrete or paving materials are installed to allow for inspection of said installation.
C. 
Construction material. All replacement or new construction of sidewalks shall be made of concrete material only.
[Amended 4-21-2009 by L.L. No. 1-2009]
D. 
Material, design and construction specifications. Specifications for all aspects of sidewalk construction, reconstruction, repairs and maintenance shall be subject to and in accordance with standards established from time to time by the Village Superintendent of Public Works.
The owners of utilities, such as water, sewer, electric, gas, phone, cable television, etc., shall be responsible for any manholes, vaults, pits, valve boxes, etc., that are located within a sidewalk. Said utility owners shall be responsible for sidewalk deficiencies created by the location of their facilities within said sidewalk.
It shall be the duty of the owner of every parcel of real estate adjoining a public sidewalk, whether the parcel of real estate is occupied by a structure or not, to keep such sidewalks adjoining such property free from debris, snow and ice.
A. 
Time limit for removal. Snow and ice shall be removed from all sidewalks within 24 hours after the end of a snowfall.
B. 
Icing. In case snow and ice on any sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, the owner shall, within 24 hours, cause said sidewalk to be strewn and kept strewn with ashes, sand, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in this article.
C. 
Removal by Village. Whenever the owner or occupant of every parcel of real estate adjoining a public sidewalk fails to remove the snow and ice from such sidewalk adjoining such property within the time specified in this article or within 24 hours after being notified, in writing, by the Code Enforcement Officer of the Village of Phoenix to remove the same, a summons may be issued to the property owner, and the Superintendent of Public Works may remove said snow or ice from such sidewalk to preserve public health, welfare and safety and notify the Village Clerk of the expense incurred by the amount of labor, equipment and materials used.
D. 
Cost of removal. The Village Clerk shall promptly present to the owner or occupant of each parcel a bill for the removal of snow and ice as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent Village taxes.
E. 
Snow, ice or water falling from buildings. The owner(s) of buildings adjacent to public sidewalks shall prevent the falling of snow, ice or water from such buildings upon said public sidewalks.
F. 
Deposit or accumulation on sidewalks, streets or private property.
(1) 
No person, firm or corporation shall pile, gather up, plow up or in any way force any snow or ice upon any sidewalk, street, avenue or roadway within the Village of Phoenix or from one sidewalk, street, avenue or roadway onto any other sidewalk, street, avenue or roadway within the Village of Phoenix. It shall be unlawful to cover a fire hydrant with snow or ice.
(2) 
No person, firm, corporation, property owner or occupant shall remove snow or ice from any parcel of real estate and place it upon another parcel of real estate without the express permission of the owner of the parcel of real estate upon which the snow or ice is to be placed.
(3) 
Any person, firm or corporation piling, gathering or plowing up snow or ice on any public street, avenue or roadway shall forthwith remove the same at his, her or its expense upon the direction of the Superintendent of Public Works of the Village of Phoenix.
(4) 
Whenever any person, firm or corporation neglects or refuses to remove any snow or ice piled, gathered or plowed up by him, her or it in violation of this article within 24 hours after being notified, in writing, to do so by the Code Enforcement Officer of the Village of Phoenix, a summons may be issued to the property owner, and the Superintendent of Public Works may remove said snow or ice from such street, avenue or roadway to preserve public health, welfare and safety and notify the Village Clerk of the expense incurred by the amount of labor, equipment and materials used.
(5) 
The Village Clerk shall promptly present to the violator of this Subsection F a bill for the removal of snow and ice, as provided for in Subsection F(4), as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent Village taxes.
G. 
In the event of unusually high snowfall or blizzard conditions, the time limit for removal cited in Subsection A may be extended Village-wide by the Code Enforcement Officer or by declaration of an emergency by the Mayor or the County Executive.
No person shall obstruct or cause or permit to be obstructed any sidewalk, crosswalk or traffic sign in the Village by placing thereon any boxes, barrels, goods, wares, merchandise, animals, vehicles, equipment or other obstruction of any kind or nature or by suspending or placing any sign, goods, wares or merchandise across or over any walk, except temporarily when loading or unloading a vehicle or by special permit as issued by the Village Code Enforcement Officer.
In the case of underground sidewalk vaults, the user shall protect and hold harmless the Village of Phoenix from any damage and liability which may result from use of said vaults. Further, when such vaults are in use, they shall be protected by appropriate signage and barricades.
No person shall, in the Village, drive any vehicle on or over a sidewalk of any street or permit a vehicle to stand on any sidewalk or crosswalk in any manner likely to break or damage said sidewalk or crosswalk or to interfere with the use of the same for travel.
No person or corporation shall be permitted to take up or remove any portion of any sidewalk or gutter or dig in any street in front of the person's or corporation's own or adjoining premises for any purpose without first having obtained permission from the Superintendent of Public Works and if permission is given for any such purpose. Immediately after completing any work, the person or corporation obtaining such permission shall replace such sidewalk, gutter or street in as good condition as before, and such work shall be completed without unnecessary delay.
No person shall change the grade of any street, lane or gutter or sidewalk or cut the curb of any street within the Village without obtaining written permission for making such change or cut from the Superintendent of Public Works.
No person shall deposit any ashes, dirt, refuse or other substances in the streets or gutters or on any pavement or sidewalk of the Village without obtaining permission from the Superintendent of Public Works, except as permitted in § 165-7B.
[Added 12-7-1999 by L.L. No. 7-1999; amended 6-25-2003 by L.L. No. 2-2003; 12-2-2008 by L.L. No. 3-2008]
A. 
The Village Board of Trustees hereby finds and determines the following: (i) Pursuant to § 6-620 of the New York State Village Law, the Village desires to and hereby implements a shared expense joint sidewalk improvement program. This program shall only be available to property owners replacing or repairing a sidewalk with concrete (and not pavement) materials; (ii) the Village Board of Trustees specifically finds that with respect to replacement or repair of a concrete sidewalk, or part thereof, the value of Village Department of Public Works man-hours is substantially equal to the cost of materials incidental to any such repair or replacement; (iii) the Village Board of Trustees, by resolution duly adopted from time to time, may establish annual capped allocations of funding and/or man-hours of Village Department of Public Works labor representing the Village's donation to this shared expense joint program for sidewalk improvements; (iv) the Village's adoption of this program, however, shall not relieve or otherwise change the obligations or duties of an owner of a parcel of real estate adjacent to a public sidewalk as set forth in this chapter; and (v) in order to effect the foregoing, the Village Board of Trustees shall establish a committee of two members of the Board of Trustees to make recommendations to the Board of Trustees relative to establishment of a priority list of sidewalks in need of repair or replacement.
(1) 
The priority list established under § 165-13.1A shall be based upon evaluation of:
(a) 
The location of the sidewalk and its relative importance to the Village's pedestrian sidewalk network;
(b) 
The relative condition of the sidewalk, the necessity and urgency for its repair or replacement;
(c) 
The ability of the adjoining property owner to pay its proportionate or greater share of the cost, which proportionate share shall in any event not be less than 50% of the total value of the replacement or repair work to be undertaken;
(d) 
Economies of scale and convenience based upon the ability to perform contiguous or nearby sidewalk repairs or reconstruction simultaneously.
(2) 
The Village Board of Trustees may allocate on an annual basis a set dollar and/or number of DPW man-hours to be allocated to the shared expense joint sidewalk program, and shall budget accordingly. The foregoing notwithstanding, the Village Board may determine to deviate from any such allocations previously made, as part of the budget approval process or otherwise, in order to address any budgetary or DPW workload concerns.
(3) 
The Village Board of Trustees shall likewise establish the specific sidewalk to be repaired or replaced based upon consideration of the priority list established under § 165-13.1A and the budget criteria and man-hours as provided for at § 165-13.1A(2).
B. 
It is in the best interest of the health, safety and welfare of the residents of the Village to regulate the use of in-line skates, rollerblades, skateboards, roller skates, two-wheel bicycles and the like on certain public sidewalks and walkways in the Village. Accordingly, no person shall ride or use in-line skates, rollerblades, skateboards, roller skates, two-wheel bicycles or the like on the following public sidewalks in the Village:
(1) 
The west side of Main Street from Culvert Street to Lock Street, inclusive.
(2) 
Both sides of State Street and the pedestrian walkway adjacent to the New York state Barge Canal behind the commercial buildings on the westerly side of State Street from Culvert Street to Lock Street, inclusive.
(3) 
The north side of Lock Street from Main Street to State Street, inclusive.
(4) 
Both sides of Bridge Street from Main Street to State Street, inclusive.
(5) 
Both sides of Culvert Street from Main Street to State Street, inclusive.
A. 
Any person, firm or corporation who or which shall violate any of the provisions of this article, except § 165-7, shall be guilty of a violation thereof and be subject to a fine not exceeding $50 for each day a violation exists. Such penalties may be in addition to any other remedies or actions that may be taken by the Village.
B. 
Any person, firm or corporation who or which shall violate any of the provisions of § 165-7 shall be guilty of a violation thereof and be subject to a fine not exceeding $10 for the first offense, $25 for the second offense and $50 for each offense thereafter. Each day a violation exists shall be deemed a separate offense. Such penalties may be in addition to any other remedies or actions that may be taken by the Village.
[Adopted 7-19-1994 (Ch. 44 of the 1993 Code)]
Prior to the start of street construction, the following documents shall have been approved by the Village of Phoenix Planning Board and the Village Engineer:
A. 
Preliminary subdivision plat.
B. 
Street profiles.
C. 
Grading plan for subdivision.
D. 
Construction drawings for streets.
E. 
Erosion controls as required.
All work and materials shall conform to the latest revision of the New York State Department of Transportation's Standard Specifications for Construction and Materials, including addenda.
Prior to the commencement of excavation or filling, the entire area, gutter to gutter, shall be stripped to remove all topsoil, roots, organic matter, rubbish or other deleterious material.
A. 
The street subgrade shall be brought to the line, grade and cross section shown on the approved plans using suitable material. The width of the subgrade shall be boxed out to include the width of the concrete valley gutters.
B. 
Embankment materials shall be placed in horizontal layers not exceeding eight inches in thickness after compaction. Stones over six inches in greatest dimension shall be removed from the street subgrade.
C. 
Embankment shall have a minimum dry density of 95% of the maximum dry weight density in pounds per cubic foot as determined by the AASHO Standard Density Test or the Proctor Compaction Test.
D. 
All soft spots shall be boxed out, Mirafi 500X fabric or Village Engineer approved equal installed as directed, backfilled with suitable material and recompacted.
E. 
At least 24 hours prior to placement of the subbase course, the Village Engineer shall be notified, at which time the subgrade shall be tested by proof rolling. The method of proof rolling shall be determined by the Village Engineer.
F. 
If it is determined by the Village Engineer that additional testing is necessary, a Village Engineer approved testing laboratory shall conduct compaction tests at a maximum interval of 250 feet within the street. The results of the test shall be submitted directly to the Village Engineer by the testing laboratory. The costs of the tests shall be borne by the developer.
Upon the determination of the Village Engineer, a six-inch underdrain shall be constructed on each side of the street as shown on the Typical Street Underdrain Detail in Drawing No. 5.[1]
[1]
Editor's Note: Drawing No. 5 is included at the end of this chapter.
If required by the Village Engineer, a layer of Mirafi 500X fabric or Village Engineer approved equal shall be placed on the subgrade for the full width of the street, including gutters. Fabric shall be placed in accordance with the manufacturer's specifications.
A. 
The subbase course shall be placed in layers as shown on the Typical Residential Street Cross Section in Drawing No. 1, the Typical Industrial Street Cross Section with Concrete Valley Gutter in Drawing No. 2 or the Typical Industrial Street Cross Section with Granite Curbing in Drawing No. 3.[1] The subbase course shall be placed in layers with a maximum thickness of six inches for a residential street or nine inches for an industrial street after compaction.
[1]
Editor's Note: Drawing Nos. 1, 2 and 3 are included at the end of this chapter.
B. 
The subbase course shall have a minimum dry density of 95% of the maximum dry weight density in pounds per cubic foot as determined by the AASHO Standard Density Test or the Proctor Compaction Test.
C. 
At least 24 hours prior to the installation of gutters, the Village Engineer shall be notified to witness the proof rolling of the subbase. The method of proof rolling shall be determined by the Village Engineer.
D. 
If it is determined by the Village Engineer that additional testing is necessary, a Village Engineer approved testing laboratory shall conduct compaction tests at a maximum interval of 250 feet within the street. The results of the test shall be submitted directly to the Village Engineer by the testing laboratory. The costs of the tests shall be borne by the developer.
A. 
Concrete gutters and catch basin aprons shall be constructed in accordance with the Typical Concrete Valley Gutter Detail in Drawing No. 4 and Reinforced Concrete Catch Basin Apron in Drawing No. 7.[1]
[1]
Editor's Note: Drawing Nos. 4 and 7 are included at the end of this chapter.
B. 
The concrete supplier shall submit certification that the concrete mix is in compliance with the specified concrete. A white-pigmented membrane curing compound shall be applied and the gutter covered with cloth and kept moist. An insulated blanket shall be provided if freezing temperatures are expected. Four test cylinders shall be taken each day by a Village Engineer approved certified testing laboratory for every 250 linear feet of concrete poured. The results of the test shall be submitted directly to the Village Engineer from the testing laboratory. The cost of the tests shall be borne by the developer. Prior to placement of the surface course, gutters shall be inspected by the Village Engineer and repaired as determined to be necessary by the Village Engineer.
C. 
Where construction equipment is to cross gutters, temporary bridging shall be used to protect the gutter. Temporary bridging shall be removed immediately upon completion of work so as not to interfere with drainage along the gutter.
Granite curbs shall be constructed in accordance with the Typical Granite Curb Detail in Drawing No. 6.[1] Catch basin frames and grates for streets with granite curbing shall be Syracuse Castings Pattern No. 2633 or Village Engineer approved equal.
[1]
Editor's Note: Drawing No. 6 is included at the end of this chapter.
A. 
At least 24 hours prior to placement of the surface course, the Village Engineer shall be notified for final inspection of the subbase and concrete gutters. Any deficiencies shall be corrected prior to placement of the surface course.
B. 
The surface course shall be constructed in accordance with the Typical Residential Street Cross Section in Drawing No. 1, the Typical Industrial Street Cross Section with Concrete Valley Gutter in Drawing No. 2 or the Typical Industrial Street Cross Section with Granite Curbing in Drawing No. 3.[1] The surface course shall be four inches for a residential street and five inches for an industrial street of bituminous asphalt concrete applied in two layers, binder and top.
[1]
Editor's Note: Drawing Nos. 1, 2 and 3 are included at the end of this chapter.
C. 
Prior to placement of the top course, the binder shall be cleaned as specified in § 165-25F and G. If the Village Engineer deems an asphalt emulsion tack coat is necessary it shall be placed as specified in § 165-25H and I. The tack coat must be applied if the top course is placed more than 48 hours after the subbase course.
A. 
All utilities, conduits and sleeves shall be installed prior to the installation of gutters, curbs or pavement.
B. 
All first floor elevations of residential structures shall be at least 21/2 feet and all garages one foot above the center line of the street unless an alternative detailed drainage plan has been approved by the Village of Phoenix Planning Board.
C. 
The area between the edge of the street and the street line shall not be more than +15% slope nor less than a +2% slope unless an alternative detailed drainage plan has been approved by the Village of Phoenix Planning Board.
D. 
The final grade shall be 0.75% minimum on all streets. A maximum grade of 6% on arterial and collector streets and 10% on local streets will be allowed for a distance not to exceed 1,500 feet.
E. 
The minimum lane width of divided entrances shall be 18 feet. All divided entrances shall be approved by the Village of Phoenix Planning Board prior to construction.
F. 
Existing pavement surfaces to be overlaid, including ruts and depressions, shall be cleaned by the use of mechanical sweepers, hand brooms or other effective means until the surfaces are free of all material which might interfere with the bond between the overlay material and the existing surfaces. All cleaning equipment shall be approved by the Village Engineer prior to use. Cleaning shall continue until adequate cleaning results, as determined by the Village Engineer.
G. 
All debris shall be removed from the pavement and disposed of in a manner directed by the Village Engineer. The pavement shall be kept clean until the overlay operations are completed.
H. 
The asphalt emulsion tack coat shall be homogeneous at the time of application. Homogeneity of the tack coat may be maintained by agitation, provided that separation is not caused by freezing. The consistency of the tack coat shall be appropriate for pumping and uniform spraying.
I. 
The asphalt emulsion tack coat shall meet the requirements of Section 702 of the New York State Department of Transportation's Standard Specifications for Construction and Materials.
J. 
The final street surface shall be of good quality, free of ruts, depressions, ridges, etc.
A. 
Street construction shall be inspected by the Village of Phoenix. The developer shall be responsible for all costs associated with this inspection.
B. 
Upon satisfactory completion of the work, a recommendation for acceptance will be made by the Superintendent of Public Works of the Village of Phoenix and the Village Engineer to the Board of Trustees of the Village of Phoenix.
C. 
The Village of Phoenix reserves the right to core streets prior to acceptance. The cost of this work will be borne by the developer.
D. 
Upon acceptance of the street by the Board of Trustees of the Village of Phoenix, the developer shall post security in an amount and form acceptable to the Board of Trustees of the Village of Phoenix. The security shall be returned to the developer after a one-year inspection has been conducted by the Village Engineer and any deficiencies corrected to the satisfaction of the Village Engineer.
E. 
If the developer wishes to obtain final subdivision approval prior to the completion of the street, security in an amount and form acceptable to the Board of Trustees of the Village of Phoenix shall be posted by the developer to cover the cost of the unfinished work.
F. 
The developer shall be required to guarantee the street for a period of one year upon the completion of all work and the acceptance of the street by the Board of Trustees of the Village of Phoenix.