[Amended 10-3-2023 by L.L. No. 7-2023]
A pedestrian-friendly environment benefits all residents throughout the Village. The maintenance of existing sidewalks and any newly constructed sidewalks within the Village of Briarcliff Manor in a state of good repair is deemed necessary for the safe passage of pedestrians of the Village of Briarcliff Manor. To further enhance pedestrian accessibility and mobility on existing thoroughfares, local streets, collector streets and other traveled ways, the Village seeks continuity of sidewalks along designated pedestrian routes and replacement and upkeep of any existing inferior sidewalk infrastructure.
For the purpose of this article, the following terms shall have the meanings indicated:
APPROVAL AUTHORITY
The approval authority shall be the Planning Board, in the instance of any subdivision or site development plan, and the Village Engineer or Superintendent of Highways in all other instances.
CURBLINE
An area marked by the point at which the curbstone of a roadway meets or is adjacent to the sidewalk.
IMPROVED STREET MARGIN
The edge of the traveled street, whether such street is improved by pavement, gravel or some other form of all-weather material.
RIGHT-OF-WAY (ROW)
Generally, the space owned by the Village lying between the improved street margin and the front property line. In the case of a building lot on a local residential road with a twenty-four-foot-wide travel way, this space would typically include a distance of 13 feet from each curbline into the lot, but may include specific lands under an agreement or definition of law.
SIDEWALK
Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.
STREET
A thoroughfare which has been placed and designated on the Official Map as a street, and which provides the principal means of access to the abutting property.
A. 
It shall be the duty of every owner of a parcel of land within the Village of Briarcliff Manor that has an existing sidewalk between that parcel and the improved street margin, or of any parcel on which a sidewalk may be constructed at any time in the future between the parcel and the improved street margin, to maintain that sidewalk in a good, level condition and to repair any broken sections or any unevenness and to maintain that sidewalk to afford safe passage under normal use and weather conditions. This duty shall apply to the parcel owner irrespective of whether the sidewalk is located on the parcel boundary line or inside the street right-of-way.
B. 
It shall be the duty of every owner of a parcel of land within the Village of Briarcliff Manor to maintain that portion of the area located between the parcel boundary and the improved street margin that is not improved by a sidewalk with planted grass kept mowed at a height not greater than four inches.
C. 
Any holes or other hazards that may exist in existing sidewalks or future sidewalks shall be filled, and any necessary repairs or replacement shall be performed promptly, weather conditions permitting.
D. 
All sidewalks are to be kept free of vehicles, trash, recycling, waste, toys, personal property, signs, obstructions, and any other item that may interfere with, or impede, the safe passage of pedestrians.
Property owners, as applicable below, may be required to install new sidewalks and curbing, or to replace existing sidewalks and curbing, according to Village specifications, at the property owner's sole cost and expense, and at the sole discretion of the approval authority. The determination of the approval authority shall consider the location, use, design, and other attributes of the proposed project, the proximity to bus stops or routes of transportation, the health, safety and welfare of Village residents and passersby, and any other relevant factors. The approval authority's determination hereunder shall include:
A. 
Any development subject to § 220-14, Approval of site development plans, Chapter 190, Subdivision of Land, or any other Village approval other than single-family dwellings;
B. 
The construction of a new single-family dwelling where there is an existing sidewalk in the street fronting, adjacent to, or opposite the frontage of the lot of the proposed single-family dwelling;
C. 
The alteration of, or addition to, an existing single-family dwelling that affects or increases 50% of the gross floor area of the existing building, as defined in Chapter 220, Zoning, where there is an existing sidewalk in the street fronting, adjacent to, or opposite the frontage of the lot of the proposed single-family dwelling.
A. 
All new sidewalks and curbing shall meet the design and material standards and requirements of the Village of Briarcliff Manor, as may be amended from time to time, and the Americans with Disabilities Act Accessibility Guidelines and any other relevant state and federal requirements.
B. 
All work done pursuant to this section shall be subject to inspection and approval by the Building Department.
Any driveway area crossing an existing or future sidewalk shall meet the design and material standards of the Village of Briarcliff Manor, and shall blend smoothly with the sidewalk of the abutting or adjacent parcel.
A. 
No permit shall be required under this article for any minor maintenance or repair that can be completed without diverting pedestrian traffic or otherwise creating unsafe or hazardous passage within the public right-of-way.
B. 
Application for a permit under this article shall be made to the Superintendent of Public Works in writing, on a form acceptable to the Village, and shall contain the following information:
(1) 
The full name, address, phone number, and email address of the applicant.
(2) 
The tax lot of the property, and the full name, address, phone number, and email address of the owner or owners of the property on which the operation is to be performed.
(3) 
A description of the proposed scope of operation, including the location and duration of any sidewalk closures or anticipated disruptions to pedestrian traffic.
(4) 
The anticipated start date and completion date of the proposed operation.
(5) 
If requested by the Superintendent of Public Works, a sketch of the proposed operation with dimensions.
(6) 
Any additional information which may be reasonably required by the Superintendent of Public Works.
(7) 
A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted, in full and strict compliance and in accordance with the conditions of the permit, if issued, and any and all applicable laws, provisions, statutes, and regulations of the Village of Briarcliff Manor, the Department of Public Works, and all relevant state and federal agencies.
C. 
Issuance; term.
(1) 
Any permit hereunder shall be issued at the discretion of the Superintendent of Public Works. The granting of such permit shall not be unreasonably withheld.
(2) 
Such permit, when issued, shall be effective for a period of time not to exceed 90 consecutive calendar days, or, if issued with a building permit for a single-family residential home, for a period not to exceed one year. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Superintendent of Public Works, or by a resolution of the Village Board of Trustees. Any extension to the expiration date of a permit shall require payment of an additional permit fee.
No permit under this article shall be issued by the Superintendent of Public Works until the applicant has first paid all required fees due hereunder, as determined by a resolution of the Village Board of Trustees and as published in the Master Fee Schedule, as may be updated from time to time.
A. 
Any violation of this article shall be punishable by a fine not to exceed the sum of $500 or by imprisonment for not more the 15 days, or both.
B. 
In the event that personal injury or property damage shall result from the failure of any owner or occupant to comply with the provisions of this article, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly or indirectly thereby, and shall be liable to the Village of Briarcliff Manor to the extent that the Village of Briarcliff Manor is required by law or by any court to respond in damages to any injured party.
A. 
If an owner or occupant of such property fails to maintain sidewalks in accordance with the provisions herein, a Code Enforcement Officer shall serve a written notice of violation upon such owner or occupant by personal delivery, or by posting the violation notice in a conspicuous place upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the property owner's last known address.
B. 
If an owner or occupant fails, neglects, or refuses to comply with the notice of violation within 30 days of service of the notice of violation as set forth in Subsection A above, the Village is hereby authorized and empowered to perform, or have performed, the maintenance so required and pay the cost and expenses of such remediation on behalf of such owner or occupant.
C. 
The costs and expenses of any such remediation advanced by the Village under this article, including all penalties, shall be charged against the owner of the property. An itemized memorandum of the costs and expenses incurred by the Village shall be mailed to the persons charged with the violation by certified mail, return receipt requested. The owner or occupant shall pay to the Village all costs and expenses incurred by the Village in curing such violation and all penalties associated with the violation within 30 days of the receipt of the itemized memorandum of costs.
D. 
In the event that the amount due to the Village by the owner or occupant is not paid within 30 days following the mailing of the costs and expenses, such costs and expenses shall become and remain a lien upon the property that was the subject of the violation and shall be added to and become part of the property taxes to be assessed and levied upon such property by the Village and shall bear interest at the same rate as and be collected and enforced in the same manner as unpaid taxes, until such time as such costs and expenses and interest are fully paid.