No civil action shall be maintained against the Town for damages
or injuries to person or property sustained in consequence of any
street, highway, bridge, culvert, sidewalk or crosswalk being defective,
out of repair, unsafe, dangerous or obstructed or for damages or injuries
to person or property sustained solely in consequence of the existence
of snow or ice upon any sidewalk, crosswalk, street, highway, bridge
or culvert unless written notice of the defective, unsafe, dangerous
or obstructed condition or of the existence of the snow or ice, relating
to the particular place, was actually given to the Town Clerk and
there was a failure or neglect within a reasonable time after receipt
of such notice to repair or remove the defect, danger or obstruction
complained of or to cause the snow or ice to be removed or the place
to otherwise be made reasonably safe.
A. Permit required; emergencies. Unless acting under a contract with
the Town, it shall be unlawful for any person, other than a duly authorized
Town official or employee, in the course of his or her employment,
to make or cause or permit to be made any excavation or opening in
or under any sidewalk, or in or under any pavement of any street,
alley or other public place within the limits of the Town of Seneca
Falls, without first having obtained, or having in force, a permit
to do so, as herein provided. In an emergency arising outside of office
hours, at night, Sundays or holidays, when an immediate excavation
may be necessary, the same shall be immediately reported to the Town
Highway Superintendent, who shall grant permission to make the necessary
excavation upon the express condition that the application shall be
made in the manner herein provided, within the next 24 hours or by
12:00 noon the next business day, whichever is sooner.
B. Permit application requirements.
(1) Application for permit.
(a)
Any person desiring to procure a permit as herein provided shall
file with the Town Highway Superintendent or his or her designated
representative, at least 24 hours before the time proposed to begin
such work, a written application on a form provided by the Town Clerk.
(b)
All applicants shall include the following information in the
application:
[1]
Name, address and telephone number of applicant.
[2]
The name of the road or highway upon which construction/excavation
is contemplated.
[3]
The type of road material proposed to be used.
[4]
The purpose of excavation.
[5]
The location of excavation, with sketch.
[6]
The name and address of the business or residence for which
work is being performed.
[7]
The proposed start date of excavation.
[8]
Proposed completion date of excavation.
[9]
The name of applicant's/project's liability insurance company.
[10] The estimated cost of the construction for the
project requiring the excavation.
[11] The name of applicant's bond company.
[12] The amount of any performance bond obtained.
[13] Any other information requested by the Highway
Superintendent.
(c)
Whenever required by the Town Highway Superintendent or his
or her designated representative, the application shall be accompanied
by a sketch or tracing showing the location, character and dimensions
of the proposed excavation or opening.
(2) At the time the application is made, the Town Highway Superintendent
or his or her designated representative shall estimate the cost of
restoring the highway's final wearing surface and foundation and shall
require the applicant to deposit with the Town Clerk sufficient cash
or a performance bond, in a form acceptable to the Highway Superintendent,
sufficient to cover the cost of restoration, inspection, examination
and backfilling of the highway. Any such cash deposits deposited with
the Town Clerk shall be kept in a separate pavement repair fund.
(3) For the purpose of calculating the cash or bond to be deposited or
posted, the Town Highway Superintendent shall prepare, as far as possible,
a schedule of costs, covering the various kinds of acceptable pavements,
as well as standard specifications for the refilling of all trenches.
The applicant shall abide by such specifications and any additional
directions that the Town Highway Superintendent and/or his or her
designated representative shall make in refilling such trenches, preparatory
to receiving the foundation and wearing surface.
C. Indemnification of Town; liability insurance. In the permit granted,
every applicant shall agree to indemnify, hold harmless and protect
the Town against all loss or damage by reason of any such excavation
or opening. Upon request of the Highway Superintendent, the applicant
shall provide proof of liability insurance sufficient for the applicant
to so indemnify and hold harmless.
D. Alterations in grade and line. No persons shall lay, pave or re-lay
any sidewalk, curb or gutter in any street without first having obtained
the grade and line thereof from the Town Highway Superintendent or
his or her designated representative, and the same shall be laid or
relaid upon such grade and line. No person shall, in repairing, altering
or improving any street, curb or gutter, change the grade therefor
given by the Town Highway Superintendent or his or her designated
representative. In case of any such alteration in street, curb or
gutter, all the directions of the Town Highway Superintendent or his
or her designated representative in regard to the grade, line, width
and material shall be followed. In case of any dispute or complaint
as to any unreasonable decision on the part of the Town Highway Superintendent
or his or her designated representative, final determination shall
be made by the Town Board.
E. Re-laying of final wearing surface and refilling of trenches. In
all excavations, the final wearing surface shall be relaid by the
contractor under the charge and direction of the Town Highway Superintendent
or his or her designated representative. Such re-laying shall consist
of the foundation and wearing surface in hard-surface pavement, such
as concrete, asphalt, bitulithic or brick, and the foundation and
wearing surface in macadam pavements. The Town Highway Superintendent
shall also prepare standard specifications for the refilling of all
trenches, and the applicant shall abide by such specifications, and
any additional directions that the Town Highway Superintendent or
his or her designated representative may make in refilling such trenches,
preparatory to receiving the foundation and wearing surface.
F. Authority of Highway Superintendent; completion of project.
(1) Authority of Town Highway Superintendent to cancel or alter permit.
(a)
The Town Highway Superintendent or his or her designated representative
shall have full authority and power at any time to cancel, rescind
or alter any such permit, or any of the terms thereof, and to direct
the manner in which the work shall be conducted, including, but not
limited to, whether said work shall be performed through a punch or
open trench method.
(b)
For the purposes of this section, the term "punch" shall mean
the use of a mechanical drill and/or pneumatic torpedo to tunnel under
the roadway without disturbing the top wearing surface or subbase;
while the term "open trench" shall mean to cut and dig through the
top wearing surface and subbase.
(2) All excavation and related work shall be expeditiously conducted
from the time the permit is granted until the desired repairs are
completed.
(3) Upon completion of the project, any unexpended balance to the account
of any applicant shall be returned to the applicant by the Town, or
any bond discharged, only upon the certification of the Town Highway
Superintendent, to be filed with the Town Clerk, that the work was
completed in a satisfactory manner.
It shall be unlawful to operate, drive, place or leave any motor
vehicle or any other vehicle upon or along any public sidewalk or
footpath in the Town of Seneca Falls so as to interfere with or obstruct
travel thereon. This section, however, does not apply to any person
who necessarily drives such vehicle across such public sidewalk or
footpath to or from any adjoining premises or to any person drawing,
pushing or operating a vehicle commonly used to carry children or
infirm persons.
No person shall place upon, fasten or affix to any utility pole,
lamppost, tree or fence any political sign, advertisement, placard,
poster, letter or device stating, referring to, advertising or intending
to state, refer to or advertise any meeting, sales, employment, business
exhibition, dance or amusement of any kind, or the sale or manufacture
of any article or thing whatsoever.
A. No person shall deposit, place or throw or permit the same to be
done, any ashes, leaves, papers, glass, nails or other matter into
or upon any street, sidewalk, highway, traveled road or lane; or place
in such street any boxes, barrels or other receptacles containing
such things.
B. No person shall mow his or her lawn so that the clippings from the
lawn mower shall fall upon any street, sidewalk, highway, gutter,
traveled road or lane.
A. No person shall place, hang out or suspend or suffer to be placed,
hung out or suspended any goods, wares or merchandise of any sort
in any street in front of his or her building or place of business.
B. No person shall suspend, hang, adjust, fix or place over or above
any street in front of his or her building any shed, board, roof,
sign or cross sign or other fixtures which shall extend or project
from the wall or front of such building into the street.
C. No person shall deposit, place or put, or suffer to be deposited,
placed or put, any goods, wares or merchandise or any chattel on any
sidewalk in front of his or her building or lot, except while actually
removing the same into or out of such building.
D. Hedges, trees, fences, etc. shall be placed and trimmed to maintain
pedestrian clearance of seven feet above the walk the full width of
the walk. All ornamental and shade trees standing within, or whose
branches or any part thereof extend over, any public street, or sidewalk,
in the Town of Seneca Falls shall be so trimmed that the lowest branches
shall be not less than seven feet from the ground; and it shall be
the duty of the owner or occupant of the premises upon which such
trees shall stand to so trim the same.
E. No awning
shall be placed or constructed over any sidewalk unless every part
of such awning and the supports thereof shall be at least seven feet
above the sidewalk.
No person shall remove snow from any street without removing
it wholly from such street or spreading it over and upon the traveled
portion thereof in such a manner as to leave a uniform and level surface.
Under no circumstances shall snow removed from such street be deposited
in ridges in such street, and suffered to remain, for a longer period
of time than shall be necessary to remove it wholly from such street
and spread it uniformly.
A. No person shall ride or use a bicycle, roller skates or a skateboard
on the following business district sidewalks: on both sides of Fall
Street between Clinton Street and Cayuga Street.
B. No person shall pitch a tent or camp on any Town property or road
right-of-way within the Town without prior permission of the Town
Board.
C. Any violation of Subsection
B shall be punishable as follows:
(1) Upon the first offense, the person riding or using a bicycle, rollerskates
or skateboard in the restricted areas shall have the above item(s)
held by the Seneca Falls Police Department for 60 days.
(2) In the event of a second violation by the same individual, the restricted
item(s) will be held and not returned to the individual.
(3) In the event of a third violation by the same individual, the restricted
item(s) will be held and not returned to the individual.
(4) For the first and second violation, if no other violations of this
section have occurred, at the end of the time limit stated above,
the restricted item will be returned to its rightful owner.
(5) If a violator of this section has no violations for a period of two
years from the date of the violation, all records of the violation
shall be removed, and the violator shall have a clean record.
No person shall place any box, flower pot or other article upon
any windowsill or projection of any building directly fronting on
any public street or sidewalk or any part thereof in the Town of Seneca
Falls, unless such article is suitably secured as not to fall.
No person shall lay, pave or re-lay any sidewalk, curb or gutter
in any street without first having obtained the grade and line thereof
from the Town Highway Superintendent or his or her designated representative,
and the same shall be laid or relaid upon such grade and line. No
person shall, in repairing, altering or improving any street, curb
or gutter, change the grade therefor given by the Town Highway Superintendent
or his or her designated representative. In case of any such alteration
in the street, curb or gutter, all the directions of the Town Highway
Superintendent or his or her designated representative in regard to
the grade, line, width and material shall be followed. Concrete or
slate shall be used for all sidewalk installations in the former Village
of Seneca Falls. When paving any driveway where sidewalks exist, pavement
shall be allowed up to the sidewalk on either side. Concrete sidewalks
are not to be replaced with blacktop or any other material. In case
of any dispute or complaint as to any unreasonable decision on the
part of the Highway Superintendent or his or her designated representative,
final determination shall be made by the Town Board.
A. The owner or occupant of any lot or parcel of land, fronting or abutting
on any street, public highway, lane or alley shall keep the sidewalk
and the gutter along the same in front of such lot or parcel of land
free from ice, dirt, filth, weeds, papers, leaves, obstructions or
encumbrances of every kind, and so as to permit easy, safe and commodious
use of such sidewalk and to allow the free passage of water in the
gutter. Every such owner or occupant shall, after every fall of snow,
cause the same to be removed from such sidewalk so as to provide for
a reasonably safe and convenient passage of pedestrians.
B. Repair and/or replacement.
(1) The owner or occupant of every lot or parcel, fronting upon any public
street or traveled highway, in front of which parcel a sidewalk, curbstone
or gutter has been or shall be laid, shall, at all times, maintain
or keep such sidewalk, curb or gutter in good repair and so as to
be safe, easy and commodious for persons using the highway. Any landowner
who desires to replace or repair his or her sidewalk and desires financial
assistance from the Town must file an application with the Town Clerk
with an estimate of the cost prior to beginning of any work. The Town
will fund the project on a first-come, first-served basis, and the
Town shall reimburse a portion of the project cost as determined from
time to time by the Town Board. Project costs for the concrete material
cost only or cost of the replacement slate are subject to this program
unless otherwise authorized by the Town Board. The Town reserves the
right to accept or reject any applications. Prior to construction,
the Highway Superintendent shall inspect the applicant's sidewalk
and determine if it is a public sidewalk and if the improvement conforms
with the general intention of the sidewalk program. For work performed
by a general contractor, an estimate for the total cost, including
length of sidewalk in feet, must accompany the application. If the
work is performed by a property owner, as estimate for the total cost
of materials, including length of sidewalk in feet, must accompany
the application. When the work is completed, the property owner must
contact the Town Clerk to arrange for the Highway Superintendent to
inspect the work.
(2) All sidewalk repairs or replacement must be at least four feet in
width, or conform to the preestablished width for the street, and
must conform to the specifications detailed in the Town's Development
Regulations, which must be obtained from the Town Clerk.
(3) If the property owner has slate sidewalks which he or she desires
to replace, specifications must be submitted to the Highway Superintendent
for his or her approval. If the Highway Superintendent approves the
replacement, the property owner may place slate sidewalks in accordance
with the Highway Superintendent's specifications.
(4) If the property is located in the Historic District, then approval
must be obtained from the Heritage Preservation Commission when the
application is submitted to the Town Clerk.
(5) This program is subject to funds being available in the budget.
C. Any filling or regrading of any Town lot which results in an alteration
to existing neighborhood drainage patterns to the harm of adjacent
landowners, further resulting in the casting of appreciable amounts
of stormwater to said adjacent landowner, will be deemed an offense
against the provisions of this chapter.
The owners of buildings adjacent to public streets and sidewalks
shall prevent the accumulation of snow, ice or water thereon, and
shall prevent the falling of snow, ice or water from such buildings
upon such streets and sidewalks.
A. All snow, ice, dirt or other obstruction upon any public sidewalk
in the Town of Seneca Falls shall be removed by the owner or occupant
of the adjoining land immediately after the same is deposited thereon,
except as otherwise provided herein. Upon the failure of the owner
or occupant to remove the same, it shall be the duty of the Highway
Superintendent to remove the same, and the expense thereof shall be
a lien upon the adjoining premises and charged and assessed against
the same; and if the same is not paid within 30 days after it shall
be due and payable, it shall be certified to the Treasurer of the
Town, who shall place the same on the real property tax bill for that
year with interest and penalties allowed by law and be collected as
other Town taxes are collected.
B. It shall be the duty of every owner, tenant, occupant, or other person
in charge of any premises fronting on any public street or alley to
remove all snow and ice from sidewalks before 9:00 a.m. following
the time of the deposit.
C. Immediate removal impractical. When weather conditions make it impractical
to remove such snow and ice, the owner, tenant, occupant, or other
person having charge of any premises as aforesaid shall, within the
aforesaid specified time, cause the sidewalk abutting on such premises
to be covered with salt, sand, or some suitable material and shall,
as soon thereafter as the weather permits, thoroughly clean the sidewalks.
No person, firm or corporation shall construct or use or permit
to be constructed or used any cellarway leading from any public street
or sidewalk in the Town of Seneca Falls, unless the same shall have
trapdoors so constructed as to be on a level with the sidewalk, or
with the platform in front of the building where such cellarway is
located, so that it will be entirely safe for persons to pass over
the same; nor shall such trapdoor or gate in any sidewalk in the Town
be kept open, except while being in actual use and then it must be
properly guarded to prevent persons from walking or falling into the
same.
No person, firm or corporation shall erect or cause to be erected
any building, steps, fence or other structure or part thereof so as
to encroach upon any public street or sidewalk in the Town of Seneca
Falls.
No person shall drive, draw or in any manner propel by power
or otherwise any traction engine, motor or other similar engine having
wheels with projecting spikes, crossbars, lugs, bolts or plate, in
any manner whatever upon or over any paved street in the Town of Seneca
Falls.