The purpose of this article is to maintain the rural character
of the Town by prohibiting the construction of sidewalks within a
Town highway. Constructing sidewalks along Town highways can diminish
the rural landscape of the Town since constructing sidewalks tend
to result in loss of natural vegetation and disrupt the natural topography.
Furthermore, sidewalks can represent a significant capital expense
for construction plus an ongoing cost for maintenance. Lastly, the
layout of the Town highways is too dispersed and irregular for sidewalks
to be a safe or efficient means of transportation in the Town, which
is outside the Village of Penn Yan.
Sidewalks shall be prohibited to be constructed within a Town
highway.
Sidewalks shall be permitted but not required to be constructed
within a private road. The owner of a lot of record abutting said
sidewalk shall be responsible for its construction and maintenance.
Lastly, the owner shall be responsible to replace sidewalks that have
been removed because of needed repairs or maintenance to infrastructure
(e.g., electric, sanitary sewer, telephone, water, etc.) regardless
if said owner is not responsible for said infrastructure repairs or
maintenance.
The design and construction of a sidewalk shall conform to the
current edition of the New York State Department of Transportation
(NYSDOT) standard specifications for sidewalks.
Nothing in this chapter shall require the Town Highway Superintendent
to remove snow from the sidewalks not owned by the Town, and any such
act shall be entirely according to his or her judgment, which shall
be final. The removal of snow by the Town Highway Superintendent or
his or her employees or his or her failure to do so shall not impose
any liability upon the Town.
