[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.
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:
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.
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.
