[Adopted 7-15-1974 as Chapter 36 of the 1974 Code of the Town of Tonawanda]
The existing Chapter 36, Articles I and II, adopted by the Tonawanda Town Board, Article I, 3-11-1940, amended 3-9-1956, effective 3-23-1956; Article II, 10-17-1960, effective 10-30-1960; entitled "Sidewalks and Streets," of the Code of the Town of Tonawanda, County of Erie, State of New York, is hereby repealed.
Editor's Note: Reference to repealed subject matter within this section applies to the 1974 Code of the Town of Tonawanda.
The following words, when used in this article, shall have the meanings herein stated, unless a different meaning clearly appears from the context:
- The boundaries of a roadway, whether marked by curbstone or not so marked.
- All persons making use of public streets for foot passage.
- That portion of a street outside of the roadway, used or set aside for the use of pedestrians.
- The entire width between the boundary lines of every way, when any part thereof is open to the use of the public for purposes of vehicular travel.
Sidewalks in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore, shall hereafter be constructed as follows:
All sidewalks must be set to the slope, grade, width, pitch and location established by the Town Engineer.
Subbase and fill. The subbase shall be thoroughly rammed and all soft spots removed and replaced by hard materials. When a fill exceeding one foot in thickness is required, it shall be thoroughly compacted by tamping in layers not exceeding six inches. The top of all fills shall extend at least 12 inches beyond the sidewalk.
All sidewalks hereafter constructed or reconstructed shall be of one course with the following mix per cubic yard: 564 pounds of cement; 1,413 pounds of sand (damp weight); and 1,906 pounds of gravel (damp weight), coarse aggregate to be 3/4 inch to No. 4 sieve.
This mix is set up using washed lake aggregates. Should other aggregates be used, the weights shall be adjusted to their true specific gravity.
No material other than the mix above specified shall hereafter be used for the construction or reconstruction or repair of sidewalks in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore.
All excavated material shall be removed from premises where a sidewalk is constructed, reconstructed or repaired.
Protection. When completed, the sidewalk shall be kept moist and protected from traffic and the elements for at least one day. The forms shall be removed with great care, and upon their removal earth shall be banked against the edges of the walk. The walk must have a pitch of at least 1/8 inch per foot toward the curb or street.
All sidewalks shall be not less than four inches in thickness, except that portion which is across a driveway, which shall be six inches in thickness; and all sidewalks shall be four feet in width; and the grade of all sidewalks shall be consistent with abutting sidewalks; provided, however, that the Town Board shall have the power to modify the above in all cases.
No fill except dirt shall be placed between the sidewalk and the curb or roadway without first securing the permission and approval of the Town Board.
No person, firm or corporation shall construct, reconstruct or grade a sidewalk or any street, avenue or alley until he shall have obtained the slope, grade, width, pitch, location and details of construction of the walk, in writing, from the Town Engineer.
The owner or occupant of any premises adjoining any street where a sidewalk has been laid shall maintain and keep the sidewalk on such street in good repair and free and clear of snow, ice, dirt and any other material or substance. For the purpose of snow and ice removal, such sidewalk shall be cleared to a minimum width of two feet the entire length thereof.
In the event that such snow and ice is frozen so hard that it cannot be removed without material difficulty or injury to such sidewalk, such owner or occupant shall cause sufficient ashes, sand, sawdust, salt or other suitable material to be spread thereon so as to provide a safe path at least two feet in width the entire length thereof. As soon thereafter as weather permits, such owner or occupant shall thoroughly clean said sidewalk.
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.
No person, firm or corporation shall plow, shovel, sweep, heap up or in any other manner deposit or place snow, ice, slush or any other material or substance on any street or any other public place in the Town of Tonawanda, outside the Village of Kenmore.
No person, firm or corporation shall drive, ride or leave any vehicle, as defined in the Vehicle and Traffic Law, upon any portion of any sidewalk, except in crossing the same for the purpose of entering or leaving any premises.
No person, firm or corporation shall dig into or under any sidewalk or remove, displace or carry away any dirt, soil, plant, concrete or other material of which the sidewalk may be constructed, except when the Town Board shall have approved the same.
No person, firm or corporation shall cover, remove, displace or carry away any dirt, soil, plant or other materials from the area between the street line and the curb without the approval of the Superintendent of Highways. This area shall have landscaping (e.g., grass).
No person, firm or corporation, unless authorized by the Town Board, shall paint, mark, write, print or stencil any letters, figures, pictures or characters of any kind upon any street, public building or any other public property.
The Supervising Building Official may grant permission on an application by the owner or occupant of any lot or property abutting upon a public street, highway or road of the Town or to any individual, firm, partnership or corporation engaged in the business of plumbing and who retains a current plumbing license in the Town of Tonawanda, New York, to open the right-of-way or such portion as lies between the property line and the edge of the paved street, road or highway for the purpose of laying gas, sewer or water pipe from the edge of the paving in said street, highway or road to the line of said lot or property or for the purpose of repairing such pipe or sewer.
The person receiving such permit shall cause the work to be completed within such time and in such manner as the Supervising Building Official shall direct and shall cause any opening made in such portion as lies between the property line and the edge of paved street, highway or road to be restored in as good a condition as it was before such opening was made.
The Superintendent of Highways may grant permission, upon application by any individual, firm, partnership, public utility service or corporation engaged in the business of communications, electric-power transmission or service or selling water or gas and maintaining pipelines therefor, to open such street, highway or road for the purpose of laying a gas or water pipe, communications conduit, electric conduit, etc., or for the purpose of repairing or maintaining such pipe, conduit or mediums of transfer; or to an individual, firm, partnership or corporation engaged in the business of plumbing and who retains a current plumbing license in the Town of Tonawanda, New York, for the purpose of laying sewer or water pipe from the main pipe or sewer in said paved portion of the street, highway or road or for the purpose of repairing such pipe or sewer.
The person receiving such permit shall cause the work to be completed within such time and in such manner as the Superintendent of Highways shall direct and shall cause any opening made in such street, highway or road to be restored to as good a condition as it was before such opening was made.
No person, firm or corporation shall cut the curb or binder of any street pavement in the Town unless authorized by the Superintendent of Highways. One curb cut shall be allowed per residential lot. The width shall be limited to the width of the driveway plus two feet on each side, but not closer than one foot to the adjoining property line.
Every such street, highway or road opening shall be backfilled, and such backfill shall be of such materials as shall be directed by the Superintendent of Highways.
If at any time after any street, highway or road opened for any of the purposes mentioned in § 183-11 hereof shall have been replaced and it shall appear that the work of replacing or repaving the same was imperfectly performed, the Superintendent of Highways shall notify said applicant, owner or occupant to put the same in as good condition as it was before it was opened; and if said applicant, owner or occupant, after receiving such notice, shall neglect or refuse to repair said street, highway or road within 48 hours thereafter, then the Superintendent of Highways may cause the necessary repairs to be made and report the expense thereof to the Town Board.
The location of all utilities within a street, except lateral connections, shall be approved by the Town Engineer.
[Amended 5-21-1984 by L.L. No. 8-1984]
Any violation by a person, firm or corporation of any provision of this article shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
Any person who takes part in or assists in any violation of this article shall also be subject to the penalties provided herein.
Each day that a violation of this article is committed or permitted to exist shall constitute a separate offense.