Town of Amherst, NY PART IX SIDEWALKS

§ 83-9-1 Requirements.

[Amended 12-7-2009 by L.L. No. 21-2009; 12-7-2009 by L.L. No. 14-2010; 8-19-2019 by L.L. No. 17-2019]

1-1. Locations.

1-1.1. Sidewalks shall be required along the entire street frontage of a lot or parcel that abuts an arterial or collector street when the lot or parcel is developed and along the entire frontage of such other lots or parcels as the Planning or Town Boards shall direct. Walks along Town streets shall be located in accord with Chapter 204, Subdivision of Land, § 3-2-4. If the highway is a state or county highway, the walks shall be located in accord with the work permit issued therefor. The Planning Board, as a part of the site plan or subdivision approval, or the Town Board may waive the requirement for a sidewalk on a given parcel or development.

1-1.2. Sidewalks are not required on the following segments of rural-character arterials or collector streets:

Name of Street	Location
Campbell Boulevard	West side from Burgundy Terrace to Tonawanda Creek; and east side from North Rockingham Way to Tonawanda Creek
Hopkins Road	Millersport Highway to Tonawanda Creek Road
Millersport Highway	New Road to Transit Road
New Road	Millersport Highway to Tonawanda Creek
North Ellicott Creek Road
Schoelles Road
South Ellicott Creek Road	North side and south side from Denrose Drive to Kaymar Drive
Sweet Home Road	Christine Drive/Sweethaven Court to Tonawanda Creek Road
Tonawanda Creek Road	Sweet Home Road to Transit Road
Youngs Road	West side from Turnberry Court to Maple Road; and east side from The Common to Maple Road

1-1.3. Sidewalks shall be installed on new local collector and local streets as required by the Planning Board, as a part of an approved site plan or subdivision, or by the Town Board, in which event they shall be located in accord with Chapter 204, Subdivision of Land, § 3-2-4.

1-1.3A. Sidewalks shall be installed at the time of development along the entire street frontage of any lot or parcel abutting a local collector or local street existing on the effective date of this section, unless waived by resolution of the Planning Board as a part of the approved site plan, subdivision, or by the Town Board.

1-1.3B. The determination of whether a particular street is a local street, local collector, collector, or arterial shall be made by the Planning Board either as a part of the site plan or subdivision review, or as a separate determination.

1-2. Installation of sidewalks more than 25 feet in length.

1-2.1. The owner or occupant of a residential lot or parcel that has been ordered by the Town Board to install sidewalks which are 25 or more contiguous feet in total length shall:

A. Privately cause the sidewalk to be installed, according to the specifications set forth in this part and within the time stated in the Town Board order; or

B. Advise in writing the Commissioner of Building of the desire to have the Town of Amherst install the sidewalk and have the expense thereof assessed against the property benefited pursuant to New York State Town Law § 200-a.

1-2.2. The failure of the owner or occupant to take action as set forth in Subsection 1-2.1A or B will result in the Town enforcing New York State Town Law § 200-a.

1-2.3. The option to have the expense of sidewalk installation assessed against the benefited property in multiple annual installments shall not be available to the owner or occupant of a premises where a certificate of occupancy has not yet been issued or, if issued, a sidewalk installation waiver had previously been granted.

1-2.4. This subsection is adopted pursuant to the authority granted to towns by § 10 of the Municipal Home Rule Law to adopt local laws relating to their property, affairs or government. To the extent this subsection is inconsistent, New York State Town Law § 200-a is hereby superseded.

1-3. "Site plan," as used in this section, shall mean the document and/or procedure as defined in Chapter 203, Zoning. "Subdivision," as used in this section, shall mean the document and/or procedure as defined in Chapter 204, Subdivision of Land.

§ 83-9-2 Construction.

2-1. Sidewalks shall be five feet wide on streets designated arterials and shall be four feet wide on all other streets.

2-2. The elevation of the sidewalk shall be the curb elevation plus 1/4 inch to one foot for the distance measured from the curbline to the outer line of the sidewalk.

2-2.1. Where no curb exists, the elevation of the crown of the roadway shall be used in place of the curb elevation. Drives shall be so graded that the portion occupying the space reserved for sidewalks shall meet the requirements for sidewalks.

2-2.2. Where no grades have been established, or where local conditions warrant a deviation from the foregoing, the Commissioner of Building shall establish lines and elevations.

2-3. Within the street right-of-way where any sidewalk and/or drives exist in the same block, additional sidewalks and/or drives shall conform to those existing in such blocks or to the ruling of the Commissioner of Building.

2-4. If one or more NYSDOT specifications contained in this chapter become obsolete, renumbered or are found to be unacceptable by the Commissioner of Building, the Commissioner of Building shall designate one or more acceptable replacements for the material specifications.

2-5. Sidewalks shall be constructed of concrete, asphalt (bituminous concrete), concrete pavers, or flexible material. The color of the concrete pavers or flexible material shall be substantially similar to the color of the public sidewalks within the same street block or to the ruling of the Commissioner of Building. In all cases, the sidewalk shall be installed in accordance with the more restrictive requirements of the manufacturer's installation instructions or to the ruling of the Commissioner of Building.

§ 83-9-3 Concrete sidewalk specifications.

Sidewalks shall be of concrete and constructed to the following specifications:

3-1. Materials. The materials used shall meet the following requirements:

Material	Specifications
Type 1A portland cement	NYSDOT Material Spec. Section 701-01
Curing compound	NYSDOT Material Spec. Section 711-05
Premolded bituminous joint filler	NYSDOT Material Spec. Section 705-07
Base course material No. 1 stone	NYSDOT Material Spec. Section 703-01
Water	Shall be clean enough to drink
Proportions of mix	Proportions are to consist of 1:2:3 mix and 6 1/2 gallons of water per sack of cement maximum

3-2. Excavation.

3-2.1. Excavation shall be made to the required depth and to a width that will permit the installation and bracing of the forms.

3-2.2. Subbase shall be thoroughly compacted and all soft spots removed and replaced by run of crusher stone.

3-2.3. When a fill exceeding one foot in thickness is required, it shall be thoroughly compacted by tamping in layers not exceeding six inches. All fill shall be compacted by a minimum one-half-ton roller before application of concrete.

3-3. Forms. Forms shall be metal or wood, straight, free from warp and of such construction that no displacement from alignment will occur during placement of concrete. All forms shall extend for the full depth of the concrete and shall be rigidly held to line and grade by stakes or braces.

3-4. Installation.

3-4.1. A four-inch bed of compacted No. 1 stone shall form the foundation course. The foundation course shall be thoroughly moistened immediately prior to the placing of the concrete. Concrete shall be placed in forms in accordance with the requirements of the New York State Department of Transportation specification Section 601-3-04, Handling and Placing Concrete, and shall be compacted in an approved immersion-type mechanical vibrator. Forms shall be left in place for 24 hours or until the concrete has set sufficiently so that they can be removed without injury to the sidewalk.

3-4.2. Concrete shall be placed in one course to a minimum thickness of five inches across driveways and a minimum of four inches in all other locations, in such a manner as to prevent segregation.

3-4.3. The concrete shall be finished to produce a brushed finish.

3-4.4. No concrete is to be laid when the temperature is lower than 45° F. unless the concrete is protected in accordance with acceptable standards for the cold-weather placement of concrete.

3-5. Joints.

3-5.1. Transverse contraction or control joints shall extend to the full depth of the slab, filled with a one-half-inch premolded bituminous joint filler and spaced not to exceed 25 feet apart. The edges of such joints shall be finished with an edging tool having a one-fourth-inch radius.

3-5.2. The concrete surface shall be scored at intervals of five feet so that the finished walk will be marked in squares.

3-5.3. Full-depth isolation joints shall be formed around all appurtenances such as manholes, water valves, etc., and at all joints between sidewalks, curbs, buildings, etc. Premolded bituminous joint filler, one-half-inch thick, shall be installed in those joints.

3-6. Protection.

3-6.1. When completed, the sidewalk shall be kept moist and protected from traffic and the elements for at least three days.

3-6.2. The forms shall be removed with great care and, upon their removal, the voids created shall be backfilled.

3-7. Backfilling. After the concrete has set, any remaining excavated areas or voids created by the forms shall be backfilled with good quality topsoil or other material approved by the Commissioner of Building.

3-8. Reinforcement. If the location of the sidewalk is such that upheaval is likely or is subject to vehicular traffic as in a parking lot, steel reinforcement in the form of wire mesh may be required by the Commissioner of Building.

§ 83-9-4 Bituminous sidewalk specifications.

Where specifically authorized by resolution of the Town Board, bituminous sidewalks conforming to the following specifications may be installed:

4-1. Materials.

Material	Specification
Base course material No. 1 stone	NYSDOT Material Spec. Section 703-01
Bituminous material binder Type 2A	NYSDOT Material Spec. Section 401

4-2. Construction requirements.

4-2.1. Excavation shall be made to the required depth and width.

4-2.2. An eight-inch-deep foundation course shall be formed of two four-inch layers of compacted No. 1 stone.

4-2.3. Bituminous sidewalk material shall be placed on the compacted foundation course in one course so as to give the required depth of two inches after rolling. The requirements of the New York State Department of Transportation Specification Section 401-3, Construction Requirements for Plant Mix Pavements-General, shall apply.

§ 83-9-5 Owner responsibility.

5-1. Owner to maintain sidewalk; exceptions.

5-1.1. The owner or occupant of any premises fronting or abutting on any street or highway shall repair, keep safe and maintain any sidewalk abutting the premises and keep it free and clear from snow, ice, dirt or other obstruction. All trees, shrubs, plants and other vegetation must be cut back to a height of eight feet directly above the surface of any sidewalk. Any such owner or occupant shall be liable for any injury or damage by reason of omission or failure to repair, keep safe and maintain such sidewalk or to remove snow, ice or other obstructions therefrom or negligence in performing those functions.[1]

[1] Editor's Note: Former Subsections 5-1.2, 5-1.3, 5-1.4, 5-1.5, added 4-11-2011 by L.L. No. 7-2011, and 5-1.6, added 4-11-2011 by L.L. No. 6-2011, amended 6-6-2011 by L.L. No. 16-2011, which provided exemptions to certain property owners from the requirement to keep sidewalks that are located along rear property lines adjacent to certain major highways free from snow and ice, were repealed 5-21-2012 by L.L. No. 10-2012.

5-2. No person shall plow, shovel, sweep or pile snow, ice or other materials in or beyond the right-of-way of any street or public highway or cause such to be done so as to interfere with the safety and convenience of public travel.