[Adopted 8-10-2015 by L.L. No. 6-2015[1]]
[1]
Editor’s Note: This local law supersedes former Article VII, Sidewalk Improvement Program, adopted 2-15-2000 by L.L. No. 1-2000, as amended.
The Board of Trustees has made a determination that many sidewalks located within the Village are in significant need of repair due to certain Village trees planted in the Village right-of-way. The Board of Trustees also recognizes that the repair of sidewalks can be costly and that it imposes a difficult economic hardship on the homeowner to keep the sidewalks in good repair. The Board of Trustees has determined that it is in the best interests of the Village to have properly maintained sidewalks and, therefore, has decided to assist residents in maintaining the sidewalks to the extent outlined within this article.
[Amended 3-4-2019 by L.L. No. 4-2019]
Any owner of real property within the Village whose real property abuts on any public street may be eligible for the following sidewalk replacement program hereby established:
A. 
If the sidewalk is in need of repair or replacement, the owner of said property may make application to the Village requesting that the sidewalk be repaired or replaced. A fee for the filing of said application may be established by resolution of the Village Board of Trustees and placed in the fee schedule. Applications will be processed and acted upon at the sole discretion of the Village.
B. 
The Superintendent of Public Works, or his designee, will visit the site to determine if a Village street tree has contributed to the cause of the damaged sidewalk. Upon his determination, the Village will authorize and pay for the removal of the street tree.
C. 
The Village will pay 50% of the actual contract cost for the removal and replacement of sidewalks to property owners who apply during the period of October 1, 2015, to May 31, 2019, of the sidewalk replacement program, including materials and labor for the repairs and reconstruction. Beginning on June 1, 2019, the Village will pay 40% of the actual cost for the removal and replacement of sidewalks to property owners who apply during the period of June 1, 2019, to May 31, 2020. The prevailing rate established by the Village will be used in determining the total cost of the improvements.
D. 
The Village Engineer or the Superintendent of Public Works shall determine the nature and extent of sidewalk repairs qualifying for reimbursement under this program. After review of the application by the Village Engineer and the determination of repairs qualifying for reimbursement, the Village Engineer will notify the applicant, in writing, of the contribution to be made by the property owner. After receipt of the property owner's share of the cost of the work, all repairs and reconstruction will be scheduled and performed by the Department of Public Works or its designated agent. All work shall be subject to inspection by the Village Engineer or his designee during construction, and must be approved by the Village Engineer.
E. 
The Village encourages pooling of neighborhoods interested in repairing or replacing their sidewalks. The deadline date for pooling is March 31 of each year.
F. 
The Village will provide funding only to the extent that Village funds for the sidewalk improvement program are available, and such availability will be at the sole discretion of the Board of Trustees. Failure of the Board of Trustees to budget funds for repair of sidewalks shall in no way excuse any property owner from properly maintaining, repairing, constructing or replacing sidewalks in accordance with Article IV of Chapter 197 of the Croton-on-Hudson Village Code.
G. 
After the period of the sidewalk improvement program set forth above has elapsed, all property owners who have not applied for participation in the program whose real property abuts on any public street shall be responsible for undertaking all repairs or improvements at their own expense without any Village subsidy in accordance with the provisions of § 197-24 of the Village Code and further the Village will carry out its responsibilities in accordance with §§ 197-25, 197-26 and 197-27 of the Village Code.
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 § 197-15 and § 197-24 of the Village Code requiring maintenance, repair, and snow and ice removal, the owner and the occupant shall be liable to all persons injured, or whose property is damaged directly, or indirectly, and shall be liable to the Village to the extent that said Village is required by law or by any court to respond in damages to any injured party.