[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entitled "Sidewalks and Streets," of the Code of the Town of Tonawanda, County of Erie, State of New York, is hereby repealed.
[1]
Editor's Note: Reference to repealed subject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:
A.
All sidewalks must be set to the slope, grade, width,
pitch and location established by the Town Engineer.
B.
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.
C.
Sidewalk mix.
(1)
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.
(2)
This mix is set up using washed lake aggregates. Should
other aggregates be used, the weights shall be adjusted to their true
specific gravity.
(3)
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.
D.
All excavated material shall be removed from premises
where a sidewalk is constructed, reconstructed or repaired.
E.
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.
F.
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.
[Amended 3-15-1993]
G.
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.
[Amended 6-17-2002]
A.
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.
B.
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.
C.
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.
[Amended 3-15-1993]
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
[Amended 3-15-1993]
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]
A.
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.
B.
Any person who takes part in or assists in any violation
of this article shall also be subject to the penalties provided herein.
C.
Each day that a violation of this article is committed
or permitted to exist shall constitute a separate offense.
