[HISTORY: Adopted by the Town Board of the Town of Glenville 4-2-2003
(Ch. 36 of the 1966 Code). Amendments noted where applicable.]
The Town of Glenville recognizes the need to encourage and facilitate
the development of a system of sidewalks for the health, safety, and general
welfare of Town residents, business owners, and visitors, alike. Consequently,
it is the Town's desire to pursue the construction of sidewalks along arterial
and collector streets, and also along residential streets, where cost-effective.
A.
Sidewalks to be provided for public access shall preferably
be contained within the street right-of-way. If it is not possible for the
sidewalk to be contained within the right-of-way, the Town shall secure easements
from the relevant property owners for public access. Easement width shall
be based on site conditions and will be determined by the Town of Glenville.
B.
At a minimum, sidewalks shall connect focal points of
pedestrian activity such as, but not limited to, transit stops, street crossings,
building and store entry points, parks, playgrounds, schools, etc., and shall
feature adjoining landscaped areas between the street and the sidewalk no
less than three feet in width and shall consist of trees and grass. Trees
shall be planted 30 to 40 feet apart, depending on site conditions. Tree species
shall be chosen from a list on file in the Town of Glenville Planning Department.
The Planning and Zoning Commission or Zoning Board of Appeals, at their discretion,
may require additional landscaping and amenities, such as shrubs, benches,
flower beds, ground covers, or other such materials.
C.
Sidewalks shall extend through driveways at the established
grade of the adjoining sidewalk, or as near as is practical as determined
by the Commissioner of Public Works.
Sidewalks may be constructed in the following instances:
A.
As part of the review of subdivision and site plan review
applications, the Town of Glenville Planning and Zoning Commission is authorized
to condition approval of the application on the construction of sidewalks
along and up to the entire street frontage(s) of the project site. Additional
connections to building entry points or other focal points may also be required.
The cost of sidewalk construction is to be borne by the project developer
or landowner.
B.
As part of the review of conditional use permit, use
variance, and area variance applications, the Town of Glenville Zoning Board
of Appeals is authorized to condition approval of the application on the construction
of sidewalks along and up to the entire street frontage(s) of the project
site. Additional connections to building entry points or other focal points
may also be required. The cost of sidewalk construction is to be borne by
the project developer or landowner.
C.
Upon its own initiative, the Glenville Town Board may
authorize construction of sidewalks along any public street within the Town
of Glenville, with the cost of construction to be borne by the Town.
D.
Upon their own initiative, the Schenectady County Department
of Engineering and Public Works and the New York State Department of Transportation
may construct sidewalks along Schenectady County highways and New York State
highways, respectively.
E.
At the request of individual or multiple landowners,
residents, business owners, neighborhood associations, etc., the Town may
construct sidewalks along any public street within the Town of Glenville,
with the cost of construction to be borne by the adjoining landowners. The
cost of construction in this case is to be spread among adjoining property
owners through the establishment of a sidewalk district. The Town Board will
determine the construction cost per property via the establishment of a formula
that may consider property characteristics such as street frontage, assessed
value, land use, and other factors.
F.
Upon their own initiative, individual or multiple landowners,
residents, business owners, neighborhood associations, etc., may construct
sidewalks along public streets, provided the Glenville Town Board approves
the proposal before construction commences; provided all specifications of
this chapter have been met; and provided the construction has been inspected
and approved by the Commissioner of Public Works. The cost of sidewalk construction
in this instance is to be borne by the landowner, resident, business owner,
neighborhood association, etc. The cost per property in this case need not
be determined by a sidewalk district formula. Rather, the landowners, residents,
business owners, and neighborhood associations shall determine the methodology
for assigning costs. Further, prior to the commencement of construction, the
landowner, resident, etc. shall submit construction plans to the Commissioner
of Public Works to verify proper location, dimensions, construction materials,
etc.
A.
Size. Sidewalks shall be at least five feet wide by five
feet long, four-inch minimum thickness, with a one-quarter-inch-per-foot slope
toward the road between the adjoining property and the curb (or pavement edge
if no curb exists). Where sidewalks traverse driveways, service roads, etc.,
the minimum thickness shall be six inches. Where site conditions warrant,
the Planning and Zoning Commission or Zoning Board of Appeals shall have the
authority to require wider sidewalks.
B.
Materials. Concrete: 3,500 pounds per square inch (PSI)
minimum, reinforced with six-inch-by-six-inch, ten-gage wire mesh with tooled
expansion joints and edges, with broom-finish texture at right angles to the
run of the sidewalk. A six-inch to eight-inch gravel subbase is required.
Curbing, when required, shall be composed of granite or concrete.
C.
Fire hydrants. Where a sidewalk is to be constructed
and a fire hydrant would be within the forms, the forms shall curve around
the fire hydrant such that the walk misses the fire hydrant by a minimum distance
of one foot. A transition of 10 feet is required in and out of curved areas.
D.
Service and meter boxes. Where a sidewalk is to be built
and a water meter box would be within the forms, a precast, concrete box shall
replace the plastic box. This box shall have a hinged metal lid and be set
at an elevation that will equal the finished grade of the sidewalk. If the
builder so chooses, the builder may move the water meter box outside the forms
at the builder's expense and with the approval of the Commissioner of Public
Works.
E.
Drainage. All sidewalks shall be built at an elevation
that will not impede or be otherwise detrimental to proper lot drainage, with
natural grade preferred.
F.
All sidewalk replacements at intersections in the Town
of Glenville must include handicapped access ramps to conform to the Americans
with Disabilities Act (ADA) regulations.
G.
Sidewalks located along state or county roads shall be
required to meet state or county construction standards and regulations.
A.
In instances where sidewalks along public streets front
or traverse multiple properties, the Town's preference is that a sidewalk
district be formed, with the cost of construction and/or maintenance to be
equitably assigned to benefiting properties.
B.
When sidewalk districts are formed for construction purposes,
funds for construction are to be levied via a special district tax, which
in turn is to be based on a formula that equitably assigns cost while taking
into consideration property characteristics such as street frontage, assessed
value, land use, and other factors.
C.
When sidewalk districts are formed for maintenance and
snow removal purposes, the Town of Glenville is responsible for all maintenance
and snow removal, whether the Town does the work itself, or contracts out
the work. Funds for maintenance and snow removal are to be levied via a special
district tax, which in turn is to be based on a formula that equitably assigns
cost while taking into consideration property characteristics such as street
frontage, assessed value, land use, and other factors.
A.
Sidewalks shall be left unobstructed at all times, with
their surface in a safe and passable condition.
B.
Sidewalks located within a sidewalk district. Sidewalks
and the area between the sidewalk and the street shall be kept free of debris
and litter and shall be maintained by the Town of Glenville. In winter, sidewalks
shall be regularly cleared of snow and ice.
C.
Sidewalks located outside of a sidewalk district. Sidewalks
and the area between the sidewalk and the street shall be kept free of debris
and litter and shall be maintained by the adjoining property owner. It shall
be the property owners' responsibility to repair, maintain and keep free any
sidewalks adjoining their property of all ice, snow or other nuisances and/or
obstructions. Sidewalks must be cleared of ice and snow within 24 hours after
the snow ceases to fall.
D.
Sidewalks located outside of a sidewalk district and
outside of the street right-of-way or easement area. Sidewalks such as these
are typically located within the interior of properties, usually along buildings,
or connecting buildings with each other or with other site features. These
sidewalks are to be privately owned, and maintained in such a way as to not
pose a safety hazard.
A.
Inspection and notification. When the Town determines
that any section of sidewalk requires repairs or maintenance, a letter describing
the necessary repairs will be sent to the adjoining property owner. The letter
shall be given:
B.
Time of response. The property owner shall have 30 days from receipt of the letter described in Subsection A above to make the necessary repairs. If weather conditions or other extenuating circumstances dictate, this thirty-day period may be extended by the Commissioner of Public Works, provided that the property owner has contacted the Department of Public Works with a plan for repairs prior to the expiration of the 30 days.
C.
Hearing on appeals. In the event that the owner, occupant
or person having charge of the property in question desires a hearing before
the Zoning Board of Appeals to determine the applicability of this chapter
to such owner, occupant or person, a written demand for such hearing must
be served upon the enforcement officer within 15 days of the notice of violation.
If such owner, occupant or person requests a hearing as provided for above,
the Zoning Board of Appeals shall hold a public hearing within 62 days from
the receipt of the demand therefor and shall hear such person and all other
interested persons concerning the alleged violation of this chapter. If the
Zoning Board of Appeals determines that the owner, occupant or person is in
violation of this chapter, the person served notice shall have 15 days to
comply with the provisions of this chapter.
D.
Noncompliance measures. If the person upon whom the notice
is served fails, neglects or refuses to comply with the provisions of said
notice or fails to comply with the decision of the Zoning Board of Appeals
within the designated time period, the enforcement officer shall so report
to the Town Board, which by resolution may authorize that work be done and
pay the cost thereof out of the general Town funds to remedy the violation.
Furthermore, the Town shall be reimbursed for the cost of the work performed
or services rendered by assessment and levy upon the lots or parcels of land
wherein such work was performed or such services rendered. The expenses so
assessed shall constitute a lien and charge on the real property on which
it is levied until paid or otherwise satisfied or discharged and shall be
collected in the same manner and at the same time as other Town charges.
A.
Any owner and occupant who fails to comply with the provisions
of this chapter shall, upon conviction, be subject to a fine not to exceed
$250 or be imprisoned for a term not to exceed 15 days, or both. Each day
that the snow, ice, nuisance and/or obstruction remains on the sidewalk shall
be a separate offense.
B.
C.
Violations of this chapter shall be considered violations
and/or offenses, and not misdemeanors.
A.
Any alterations of a sidewalk that may be viewed as "negative"
(i.e., paving over the sidewalk, reducing the sidewalk width, dismantling
the sidewalk, increasing the grade, etc.) is not permitted, unless
undertaken by the Town of Glenville, Schenectady County Department of Engineering
and Public Works, or the New York State Department of Transportation.
B.
Any alterations of the sidewalk which may be viewed as
"neutral," or even "positive” (i.e., widening the sidewalk or changing
the course of the sidewalk) is permitted, provided said improvement is approved
by the Commissioner of Public Works prior to the alteration.
The owner or the agents of owners with property adjoining a public sidewalk outside of a sidewalk district shall be liable for any injury or any damage caused to any person or property caused wholly or in part by the failure of said owner or agent to maintain and repair any sidewalks, adjoining landscaped areas (as described in § 221-2) or curb abutting their property. Each such owner shall be liable to the Town for all losses to the Town for damages to person or property of others caused by his/her failure or that of his/her agents to repair and keep in good order and reasonably safe condition all such sidewalks, adjoining landscaped areas and curbs adjoining his/her property.
No civil action shall be maintained against the Town of Glenville or any Town officer or employee for damages or injuries to person or property sustained in consequence of any sidewalk or sidewalk district being out of repair, defective, unsafe, dangerous, obstructed or encumbered by snow or ice, except as provided in Chapter 190, Notice of Defects, of the Code of the Town of Glenville.
