[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 2-25-1991 by L.L. No. 4-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 103.
The purpose of this chapter is to establish a local law regulating the use of public streets and sidewalks of the village and the construction, maintenance, repair and replacement thereof and to establish orderly procedures regulating the laying out, construction, reconstruction and alteration of village streets, sidewalks and alleys and for the periodic inspection of such streets and sidewalks to the end that the public streets and sidewalks may provide secure transit for all persons and vehicles lawfully using them.
As used in this chapter, the following terms shall have the meanings indicated:
ALLEY
A narrow supplementary public thoroughfare for the use of vehicles or pedestrians, affording access to abutting properties.
CUL-DE-SAC
A street which is open at one end only, the closed end containing a paved turning area which has a minimum radius of 18 feet.
[Added 11-14-1994 by L.L. No. 7-1994]
DRIVEWAY
Any entrance or exit used by vehicular traffic to or from lands or buildings abutting a street or alley.
PRECAST BRICK PAVER
A brick with minimal water-absorbing qualities, either regularly or irregularly shaped to create a uniformly paved surface.
PUBLIC RIGHT-OF-WAY
Land dedicated for the construction or maintenance of a public street or alley. For the purpose of this chapter, the area between the curbline or outer pavement edge and the edge of the public sidewalk most distant from the center line of the street shall be the "public right-of-way," and where no curb and/or sidewalk exists, the area within eight feet of the outer pavement edge shall be included within the "public right-of-way," unless a survey of abutting premises shows otherwise.
SIDEWALK
A paved pedestrian way usually located in the public right-of-way.
SNOWPLOW
Any vehicle to which is attached a device to facilitate the removal and/or displacement of snow accumulations from one location to another.
STREET
A public thoroughfare, other than a driveway, designed for vehicular use.
A. 
Every owner or occupant of premises fronting on any public street, alley or grounds shall keep the public sidewalk fronting thereon in good order and repair and free and clear of snow, ice, dirt and any other obstruction.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding removal of snow and ice, was repealed 11-9-2015 by L.L. No. 15-2015. See now § 89-13, Snow and ice removal.
C. 
No person shall brush, sweep, shovel, plow or heap any accumulation of refuse or any other material into a public street or alley.
D. 
No person shall plow, sweep, shovel, heap or otherwise deposit snow onto any public street or alley from any private driveway or approach or any off-street parking area or cause accumulations of snow on one (1) property to be deposited upon the public right-of-way in front of any adjoining property without consent of the owner or occupant or, under any circumstance, cause snow to be deposited onto or against property on the opposite side of the street.
E. 
Plowing of snow shall be in such a manner as to protect free access to any fire hydrant and to keep the same free and clear of any snow accumulation.
F. 
No vault, hatchway or chute under or through a public street or sidewalk shall be constructed without having first obtained the consent of the Board of Trustees.
G. 
No person shall obstruct or interfere with the use of any public sidewalk, street or alley without having first obtained a permit from the Mayor, unless under the direction or supervision of a police officer or fire official.
H. 
No person shall conduct any exhibition, theatrical or public performance or operate a vending stand, lunch counter or stand for the sale of food or drinks or place goods, wares or merchandise for sale on a public sidewalk or street without having first obtained a permit from the Mayor.
I. 
No person, except for a handicapped individual or Village employee or other public official carrying out his or her official duties, shall operate a motorcycle, all-terrain vehicle or any other motorized vehicle (including an electric bicycle) on a public sidewalk. Any person operating a nonelectric or nonmotorized bicycle on a public sidewalk shall do so in a safe manner and at a prudent speed, not to exceed 10 miles per hour.
[Amended 10-26-2020 by L.L. No. 12-2020]
J. 
No person shall conduct a footrace on a public sidewalk, street or alley without having first obtained a permit from the Mayor.
A. 
The owner of real property fronting or abutting on any public street, other than a cul-de-sac, shall install, at the owner's expense and pursuant to specification as established by resolution of the Board of Trustees, concrete public sidewalks adjacent to the property owned. Owners of real property fronting on a cul-de-sac shall not be required to install concrete public sidewalks unless a petition, in favor of installation of sidewalks on said cul-de-sac, is presented to the Village Board. Said petition shall be signed by a minimum of 50% of the owners of real property fronting or abutting said cul-de-sac.
[Amended 11-14-1994 by L.L. No. 7-1994]
B. 
No public sidewalk shall be constructed in any public right-of-way by an abutting property owner except pursuant to specifications established by resolution of the Board of Trustees. An abutting property owner who constructs a sidewalk in the public right-of-way shall be responsible for the cost thereof, except that such sidewalk may be constructed wholly at the expense of the owner of the abutting property or partly at the expense of the village and partly at the expense of the owner of the abutting property. Allocation of costs for such sidewalk construction shall be consistent with § 6-620 of the Village Law.
[Amended 8-22-1994 by L.L. No. 4-1994]
C. 
Upon failure of an abutting property owner to pay the charge for sidewalk construction, the Board of Trustees may direct that such unpaid charges be added to the next village tax assessed against the property.
D. 
Permits.
(1) 
No person shall construct, reconstruct, repair or grade a sidewalk, street or alley nor shall any curb be altered, built or rebuilt, constructed or reconstructed on any village street or public right-of-way without having first obtained a written permit issued by the Building Department. The permit shall specify the slope, grade, width and location of any sidewalk and the type, method of construction, location and grade of any curbing.
(2) 
No street or alley not previously dedicated and accepted for public use, designed to connect or intersect with an existing public street or alley, shall be constructed within the village limits unless the owner of the premises upon which the construction is proposed has first made application, in writing, to the Village Clerk. The permit shall require approval by the Board of Trustees.
(3) 
The permit for such construction may be granted by the Board of Trustees only after a public hearing. Necessary surveys, plans and specifications detailing in full the proposed intersection of connection shall be filed with the Village Clerk at least thirty (30) days prior to the date scheduled for the public hearing. The Planning/Architectural Review Board and Traffic and Safety Committee shall review the proposal and make written recommendations to the Board of Trustees prior to the public hearing.
(4) 
No driveway or private street designed to connect to a public street from property zoned for mixed use or multiple-family (R-3M) use or from property subdivided to provide for more than three single-family or two-family dwellings shall be constructed within the Village unless the owner has first made application, in writing, to the Village Clerk for a permit. The permit shall require approval by the Board of Trustees. Before such permit may be granted, all procedures required under Subsection D(3) of this section shall also be complied with.
[Amended 5-26-2015 by L.L. No. 7-2015]
A. 
The Code Enforcement Officer or General Crew Chief of the Department of Public Works shall be charged with the duty of regular inspection of all public sidewalks in the Village. A sidewalk shall be deemed unsafe when the same is broken, cracked, lifted, spalled or scaled to such an extent as to pose a hazard to pedestrian traffic.
[Amended 1-23-2017 by L.L. No. 1-2017]
B. 
Upon finding that any public sidewalk is unsafe and/or a hazard to the safe passage of pedestrian traffic, the Code Enforcement Officer or General Crew Chief of the Department of Public Works shall notify the owner of the adjoining premises in writing, to undertake a reconstruction or repair of the sidewalk at the owner's expense, except where the Village undertakes to bear part of the entire expense thereof.
[Amended 1-23-2017 by L.L. No. 1-2017][1]
[1]
This local law also redesignated former Subsection A as Subsection B and Subsection B as Subsection A.
C. 
The Village shall undertake, at its own expense, the repair or reconstruction of any sidewalk declared to be defective or unsafe as a result of a tree planted or growing within the public right-of-way.
D. 
The Village will assume any cost exceeding that of the first 100 linear feet of public sidewalk replaced. This provision shall be effective only when the owner of a corner lot is directed to repair or reconstruct both the side and front walks at the same time.
E. 
A person constructing, reconstructing or repairing any public sidewalk shall be obliged to provide barricades and, during the hours of darkness, appropriate lighting around any excavation or other area of potential hazard resulting from such work.
F. 
The owner and the occupant shall be jointly and severally responsible for compliance with the provisions hereof. Said responsibility shall include liability for injuries that result from failure to maintain, repair and keep said walkway in a safe condition for usage or to remove snow, ice or other obstructions therefrom.
[Amended 1-23-2017 by L.L. No. 1-2017[2]]
[2]
This local law also redesignated former Subsection F as Subsection G.
G. 
In the case of neglect or refusal of any owner to comply with the provisions of this section, it shall be the duty of the Code Enforcement Officer or General Crew Chief of the Department of Public Works to see that the provisions of this section are enforced and to employ men to do the work and report the cost of the same to the Village Clerk. The owner shall be notified of the charges by mail, and upon failure to pay, the charges shall be placed on the following year's tax roll.
[Amended 1-23-2017 by L.L. No. 1-2017]
[Amended 1-23-2017 by L.L. No. 1-2017]
No public sidewalk shall be paved over with blacktop or blacktop sealer. Any blacktop or blacktop sealer extending from a driveway or parking area across a public sidewalk at the time this chapter takes effect shall be permitted to remain intact unless declared unsafe or hazardous by applying standards established in § 89-5 of this chapter. Whenever such existing blacktop or blacktop sealer deteriorates or requires replacement or when a blacktop drive or parking area abutting the public sidewalk is replaced, the blacktop or blacktop-sealed public sidewalk area shall be replaced with concrete.
A. 
The planting of a tree in the public right-of-way along any street or alley or in any public easement or public place shall be prohibited unless written permission therefor has been granted from the Board of Trustees.
B. 
No shrub, fence, sign or other obstruction to visibility more than three (3) feet in height above finished grade level shall be permitted within fifteen (15) feet of any street or alley.
C. 
No wire, guy wire, insulator or other device for the holding of wires or any sign, placard or other matter shall be attached to a living tree in the public right-of-way without prior written permission from the Board of Trustees.
Where no curb exists, no rock, boulder, rod, pipe, landscape timber, railroad tie, bumper, safeguard or any other barricade shall be placed in the public right-of-way between the pavement edge and the public sidewalk without prior written permission of the Board of Trustees. Where no sidewalk and/or curb exists, any such obstruction is prohibited within eight (8) feet of the pavement edge.
A. 
It shall be unlawful to open or cause to be opened by cutting or digging the surface, pavement or soil in any street, alley or public ground for any purpose without first securing a permit from the Building Department and paying a fee as established by resolution of the Board of Trustees.
B. 
Any street opening shall thereafter be carefully backfilled with bank-run gravel or crushed stone and well compacted. The surface of the street shall be restored by the village after the opening has been filled in and thereafter, if necessary, after any settlement, following the succeeding winter, but not longer than one year after the first surfacing has been completed.
C. 
A utility shall file a notice of intent with the Village Clerk prior to opening the surface of any street. In case of emergency, such notice need not be filed before opening the street surface but shall be filed thereafter, as soon as practicable. In no case shall the filing of notice be made more than 48 hours from the time of making the street opening. The actual restoring of the street surface shall be borne by the utility making the opening.
A. 
In a Mixed Use or Manufacturing District, precast brick pavers may be installed in lieu of a concrete public sidewalk, in the public right-of-way and/or between a building front and the inner edge of the sidewalk or in lieu of a concrete public sidewalk after securing a permit.
[Amended 5-26-2015 by L.L. No. 7-2015]
B. 
No precast brick paver shall be installed without first securing a permit to be issued by the Building Department. The installation shall be in accordance with specifications and regulations as established by resolution of the Board of Trustees.
C. 
Permit applications shall be made to the Building Department and shall be accompanied by the following:
(1) 
A scaled drawing of the affected area, indicating the proposed location of the pavers and any water and utility valves, manholes or any other surface fixture.
(2) 
Written proof that all utilities located in the public right-of-way have been notified.
(3) 
The manufacturer's brochure, including the color, size and shape of the pavers.
(4) 
The manufacturer's recommended procedures for the
(5) 
A drawing indicating the finished laid pattern of
(6) 
The payment of a required fee, as established by resolution of the Board of Trustees.
All work done pursuant to this chapter shall be subject to inspection and approval by the Superintendent of Public Works.
Permit regulations and fee shall be as follows:
A. 
A permit for a private snowplow shall be issued upon application, in writing, to the Village Clerk. A completed application shall include the name and address of the snowplow owner, the identification number and current registration number of the snowplowing vehicle and a current certificate of insurance for the vehicle.
B. 
A fee, as established by resolution of the Board of Trustees, shall be charged and collected for each vehicle for which a permit is issued.
C. 
A permit issued hereunder shall be valid for a period of one year from June 1 to May 31 and shall be valid for one vehicle only and shall not be transferred to another vehicle.
D. 
Any permit issued hereunder shall be revoked if the Superintendent of Public Works determines, upon inspection, that a private snowplow operator is in violation of § 89-3D or E herein.
[Added 11-9-2015 by L.L. No. 15-2015]
A. 
Accumulation on sidewalks. It shall be unlawful for any owner or occupant of land or premises adjoining a sidewalk in the Village to permit any snow, ice, dirt or debris to remain upon such sidewalk.
B. 
Accumulation on buildings adjacent to sidewalks or streets. It shall be unlawful for any person to permit snow or ice to accumulate upon any building where it may pose a safety hazard to persons on any street, sidewalk, or public space in the Village, and it shall also be unlawful for any person to permit snow, ice or water to fall from such building upon any street or sidewalk.
C. 
Performance of work by Village; assessment of costs. Upon due notice, should the owner or occupant of any building fail to remove any hazardous snow or ice from the building within 24 hours, the Village may remedy the abatement of such condition, and the total cost thereof shall be assessed upon the real property on which the hazardous condition is found. Such cost 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 manner provided by law for the collection of delinquent taxes.
D. 
Imminent hazards to life and safety. Hazardous snow or ice conditions which pose an imminent threat to life or safety may be removed immediately, and the cost thereof shall be assessed and collected as provided in § 89-13C.
E. 
Penalties for offenses. Any person who violates any provision of this section shall, upon conviction thereof, be subject to a fine not to exceed $250 per day of violation, or to imprisonment for a term not to exceed 15 days, or both. The imposition of a penalty for a violation of this section shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.