Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Malverne, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 5-4-1927 (Ch. 38, Arts. I, II and III, of the 1972 Code)]
This article shall constitute and be known as the "Sidewalk Code," and may be cited as such. It presumptively provides for all matters concerning, affecting or relating to the construction, repair or maintenance of all curbs, sidewalks and driveways or any other construction in any street, between the property lines of such street.
As used in this article, the following terms shall have the meanings indicated:
CONTRACTOR
The party or parties contracting for or doing any work described herein, or authorized representatives of such party or parties.
ENGINEER
The Village Engineer or his authorized representative.
A. 
No curb, gutter, sidewalk or driveway shall be laid in any street in the Village of Malverne unless application to lay the same shall have been made in writing to the Village Superintendent of Buildings on blank forms provided by the Village. The application shall specify the location and character of the proposed improvements, and no work shall be done until a written permit, signed by the Village Superintendent of Buildings, shall be issued on said application.
[Amended 2-14-1968[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All work is to be done in conformity with the specifications prepared by the Village Engineer and approved by the Board of Trustees, which specifications are hereby declared to be a part of this article.
All curbs, gutters, sidewalks or driveways shall be laid in accordance with the lines and grades furnished by the Village Engineer and not otherwise. The cost of establishing the lines and grades is to be paid for by the property owner or the contractor.
[Amended 2-14-1968[1]]
The work of constructing, repairing or re-laying of sidewalks, curbs, driveways or gutters shall be done under the supervision of the Village Superintendent of Buildings, and all materials used and workmanship shall be subject to his inspection and approval.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All sidewalks, curbs, gutters, driveways or pavements laid on any private street or on the streets of any new development shall be subject to the same regulations and must comply in all respects with the regulations governing streets the title of which is vested in the Village. Failure to comply with the above will be sufficient cause for the Village to reject any proffered dedication of such streets.[1]
[1]
Editor's Note: The original section, "Repair and replacement," as amended, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The grade of the gutters shall be maintained at the grade established by the Village Engineer. No ashes, cinders or other material shall be placed in the roadway in such a manner as to interfere with the proper drainage.
B. 
The grade of the ground adjoining all sidewalks shall on one side be maintained sufficiently low to prevent the collection of water on the sidewalk.
[Amended 2-14-1968[1]]
Contractors shall perform their work according to the following specifications:
A. 
Cement shall be of American manufacture and shall meet the requirements of the current Standard Specifications for Air-Entraining Portland Cement of ASTM: 1) N-Tair; 2) Airalon; 3) Darex AEA. Water shall be clean and free from alkali, oils, acids, and vegetable matter.
B. 
Fine aggregate. Fine aggregate shall consist of sand, stone, screenings (except limestone screening), or a mixture of these. The aggregate shall consist of grains or particles of hard, durable rocks, the surfaces of which are not coated with any injurious materials.
C. 
Coarse aggregate. Coarse aggregate shall be broken stone. Screened or bank-run gravel will not be permitted. The broken stone shall be clean, hard, durable, uncoated rock. It shall contain no vegetable or other deleterious matter and shall be free from soft, thin, elongated or laminated pieces.
D. 
Composition requirements.
(1) 
Average twenty-eight-day compressive strength: 3500 psi.
(2) 
Air content: 4% to 7%.
(3) 
A three-inch to four-inch slump shall be permitted.
E. 
Mixing. The ingredients of the concrete shall be thoroughly mixed until each particle of fine aggregate is coated with cement and each particle of coarse aggregate is coated with mortar. The consistency of the mixed concrete shall be such that no separation of the ingredients takes place and that some tamping is necessary to bring the water to the surface. A slump of one inch is recommended; a maximum slump of three inches will be permitted, determined in accordance with ASTM.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
One-course sidewalks shall be constructed as follows:
A. 
Forms.
(1) 
Forms shall be of lumber two inches thick, or of steel of equal strength, except on curves, where flexible strips may be used.
(2) 
They shall be held rigidly in place by stakes or braces with top edges at true line and grade given by the Engineer. Ends of the adjoining forms shall be flush.
(3) 
The forms shall be set to give the walk a slope toward the curb of 1/4 inch per foot of width.
B. 
Division plates.
(1) 
Where division plates are used they shall be of one-eighth-inch steel, as wide as the depth of the slab and as long as the width of the walk.
(2) 
Forms and division plates shall be thoroughly cleaned and oiled each time before they are used.
C. 
Subgrade.
(1) 
That portion of the ground surface directly beneath the slabs shall be called the "subgrade."
(2) 
All soft and spongy material in the subgrade shall be removed and replaced with suitable material. Fills shall be compacted in layers not exceeding six inches in thickness. Areas previously compacted by traffic shall be loosened to a depth of six inches. The whole subgrade shall be thoroughly and uniformly compacted to a firm surface having as nearly as possible a uniform bearing power.
(3) 
A template, resting upon the side forms and having its lower edge at the exact elevation of the subgrade, shall be drawn along the forms before any concrete is laid. Any high places in the subgrade shall be removed so that the template will pass over without being raised off the side forms or being tipped at an angle to the sidewalk surface.
(4) 
The subgrade shall be damp but not muddy when concrete is placed upon it.
D. 
Drains. Where, in the opinion of the Superintendent of Buildings, it is considered necessary to save the walk from damage by frost action, drains of four-inch tile shall be laid to the lines and grades given by the Superintendent of Buildings.
[Amended 2-14-1968[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
One-course sidewalks to a minimum 3000 psi shall be cast between forms and constructed to a minimum thickness of four inches, except at commercial area sidewalks, in which case the sidewalk shall be five inches thick. Any sidewalks under traffic-bearing areas, such as a drop curb, apron and a driveway or parking lot, shall be 4000 psi, six inches thick, and reinforced with galvanized 6x6-W1.4 W1.4 WWM. Concrete aprons at drop curbs shall be 4000 psi, six inches thick, and reinforced with galvanized 6x6-W1.4 W1.4 WWM. All sidewalks shall be a minimum of four feet wide. All or as approved by the Superintendent of Buildings. All handicap drop curb ramps shall be installed as per ANSI 117.1 standards.
[Amended 2-14-1968[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Mixing.
(1) 
The ingredients of the concrete shall be thoroughly mixed until each particle of fine aggregate is coated with cement and each particle of coarse aggregate is coated with mortar.
(2) 
Where a mechanical mix is used it shall be of an approved batch type. Each batch shall be mixed at least one minute from the time all the materials, including water, are in the drum, until the beginning of the discharge.
(3) 
The consistency of the mixed concrete shall be such that no separation of the ingredients takes place and some tamping is necessary to bring the mortar to the surface.
G. 
Placing and finishing.[3]
(1) 
The concrete shall be compacted by hand, spading sufficiently to avoid honeycombing along the forms and to eliminate voids. All compacting shall be performed while the concrete is in a plastic state and to such extent as will ensure a dense mass with even and uniform surfaces and free from segregation, aggregate pockets or honeycomb.
(2) 
Driveway aprons and sidewalks shall be given a wood float or broom finish and edges and joints tooled. Curbs shall be rubbed to a hard, smooth surface on top, and the face to at least seven inches below the top. The placing of concrete shall not be suspended for 45 minutes or longer except at the end of a slab.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Jointing.[4]
(1) 
The sidewalk shall be scored into separate rectangular slabs. The depth of the scoring shall be a minimum of 3/8 inch. The distance between scorings shall not be greater than four feet on any one side.
(2) 
Care shall be taken to make the scorings at right angles to the alignment of the sidewalk. The surface edges of each sidewalk slab and the inside edge of curbs shall be rounded to a radius of about 1/4 inch. The outside edge of all curbs shall be rounded to a radius of 1 1/2 inches.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Expansion joints.[5]
(1) 
Expansion joints for sidewalks, curbs and driveway aprons shall be 1/2 inch in thickness extended from the surface to the subgrade, and truly at right angles to the surface. They shall be placed at or near all places where the sidewalk, driveway apron, or curb meets another curb, driveway, or sidewalk or other structure and at regular intervals not exceeding 20 feet.
(2) 
The expansion joint in the curb shall be on the same line as the transverse expansion joints in the adjoining sidewalks. Expansion joints for curbs shall be 1/2 inch in width and shall be placed at regular intervals not exceeding 20 feet.
(3) 
All existing utility structures such as poles, hydrants, etc., which occur in the sidewalk area shall be wrapped with at least one layer of felt and expansion joint material for protection. Whenever roots are encountered which interfere with the proper construction of a sidewalk, curb or apron, the contractor shall cut away roots so as to be clear of such obstruction, unless such roots are heavy enough so that if cut, the safety of the tree may be impaired.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Curing.
(1) 
As soon as the concrete has set sufficiently, it shall be sprinkled and kept moist for 48 hours.
(2) 
The contractor shall protect the concrete from damage by rain, pedestrians and animals, with suitable covers and barricades and by red lights at night.
[Amended 2-14-1968[1]]
The foregoing specifications concerning terms, materials, forms, subgrades, drainage, subbase, mixing, placing, jointing and curbing shall govern the construction of curbs and gutters and combined curbs and gutters, except as noted below.
A. 
One-course curbs shall be cast between forms at 3000 psi strength and shall have the following dimensions: six inches across the top, eight inches across the bottom, and not less than 18 inches in depth. The top of the curb shall be pitched toward the street and six inches above the gutter/street grade or water line grade. The back of curb shall be vertical and the face of curb shall have a batter of two inches in 18 inches toward the street. At driveways, the top of curb shall be dropped to within 3/4 inch to 1 1/4 inches of the gutter/street grade or water line grade. New drop curbs/curb cuts shall be a minimum of two feet away from property lines and a maximum of 20 feet wide. All or as approved by the Superintendent of Buildings.
B. 
Expansion joints. The curbs, gutters and combined curbs and gutters shall be cut into sections not longer than 20 feet and shall be provided with one-half-inch expansion joints every 50 feet at the ends of all curves.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The foregoing provisions under §§ 512-1 through 512-7, as well as the subsections concerning forms, subgrade, drainage, subbase, mixing, placing, finishing, jointing and curing under § 512-9, shall govern the construction of driveways, except as noted below:
A. 
Thickness and proportions. All driveways within the street line shall be at least six inches thick and shall be of a design approved by the Superintendent of Buildings.
[Amended 2-14-1968[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Proportions. The proportion shall be one part portland cement to two parts of fine aggregate and three parts coarse aggregate.
[Amended 2-14-1968[1]]
This article shall be enforced by the Board of Trustees of the Village of Malverne under the rules and regulations adopted by it. For every violation of the provisions of this article, the owner of property adjacent to which such violation has been committed or shall exist, and the owner, general agent or contractor, lessee or tenant of any part of a building or premises adjacent to which such violation has been committed or shall exist, and the general agent, builder, contractor or any person who commits, takes part or assists in such violation, or who maintains any property adjacent to any such violation, shall, for each and every violation and for each and every day that such violation continues, be subject to the provisions of Chapter 1, Article II, General Penalty, of the Village Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).