[HISTORY: Adopted by the Town Board of the Town of Guilderland 9-17-2002
by L.L. No. 8-2002. Amendments noted where applicable.]
Unless otherwise indicated, the provisions of this chapter of the Guilderland
Town Code are adopted pursuant to the powers granted the Town in §§ 130
and 200-a of the New York State Town Law.
A.
Sidewalks shall be required on both sides of all state
and county roads wherever properties abutting such roads have access to municipal
water lines, except such roads abutting agricultural zoned property, and shall
be required on any other Town road, or part thereof, by resolution of the
Town Board after a public hearing, or by provision of state law.
B.
On all roads other than those enumerated in § 227-2A, the Planning Board and the Zoning Board of Appeals are authorized, in their discretion, to require the installation of sidewalks, bike paths, or other pedestrian facilities as a condition of approval for property under review. The Planning Board and the Zoning Board of Appeals shall consider sidewalks, bike paths, or other pedestrian facilities as a condition of approval for property under review when said property is in proximity to schools, parks, businesses, religious institutions, existing neighborhoods, undeveloped land zoned for residential or commercial construction, existing sidewalks, or roads with the potential for high traffic volumes.
A.
Sidewalks shall be installed by the property owner of all commercial zoned property abutting roads enumerated in § 227-2A of this chapter prior to the issuance of a certificate of occupancy or within six months of the issuance of a building permit if a certificate of occupancy is not required.
B.
Sidewalks shall be installed by the developer of all commercial zoned property and the developer of all residential zoned property abutting roads enumerated in § 227-2A of this chapter within a reasonable time, as determined by the Planning Board.
C.
Sidewalks shall be installed by die developer of any commercial zoned property and the developer of any residential zoned property, if required by the Planning Board pursuant to § 227-2B of this chapter, prior to the issuance of a certificate of occupancy or prior to any new road being dedicated to the Town if a certificate of occupancy is not required.
D.
Sidewalks shall be installed by the property owner of any commercial zoned property, if required by the Zoning Board of Appeals pursuant to § 227-2B of this chapter, prior to the issuance of a certificate of occupancy or within six months of the issuance of a building permit if a certificate of occupancy is not required.
E.
If the installation of a sidewalk is deemed premature
by the State of New York, the Planning Board or the Zoning Board of Appeals
due to the lack of adjoining sidewalks, the property owner shall place such
funds as are adequate to construct the sidewalks, at the prevailing wage,
in an escrow account to be held by the Town of Guilderland until such time
that the Town can install said sidewalks.
A.
Sidewalks shall be five feet in width, constructed of
concrete, and placed within the right-of-way of the road.
B.
Sidewalks shall be separated from the curb of the road
by at least five feet, whenever practicable. The space between the curb of
the road and the sidewalk shall contain grass or other appropriate landscaping.
The space between the curb of the road and the sidewalk, if three feet or
less, may contain brick, stone, decorative stamped asphalt, or other similarly
aesthetic material as determined by the Planning Board or the Zoning Board
of Appeals.
C.
Sidewalks shall be designed to connect with existing
sidewalks.
D.
Sidewalks shall be constructed to comply with design
standards of the Americans with Disabilities Act.
E.
Sidewalks crossing a driveway or other vehicle entrance
shall remain at the same level as the sidewalk adjacent to the driveway or
vehicle entrance, whenever practicable.
A.
The Town shall be responsible for the maintenance, including
snow removal, of all sidewalks that are in the right-of-way of the road, and
any other sidewalks over which the Town has been granted a maintenance easement.
B.
The property owner shall be responsible for the maintenance,
including snow removal, of any sidewalk that is not in the right-of-way of
the road, unless the Town has been granted a maintenance easement over such
sidewalk.
C.
The space between the curb of the road and the sidewalk
shall be maintained by the property owner.
A.
The depositing of any snow, except from residue deposited
off the edge of the plow blade, on sidewalks within the right-of-way of a
state, county, or Town road or in front of fire hydrants is expressly prohibited.
Operators of municipal plows are exempt from the requirements of this subsection.
The Zoning Enforcement Officer is hereby authorized to issue tickets to the
actual violator, if known, or to the property owner where such violation occurred.
Failure to comply with any portion of this subsection shall be deemed a misdemeanor,
and the violator shall be liable for a fine of $250 for the first offense
and $500 for any subsequent offense, and each day such violation continues
shall constitute a separate offense.
B.
Any physical obstruction on a sidewalk within the right-of-way
of a state, county, or Town road, except for purposes of construction or to
protect the health and safety of the public, is expressly prohibited. The
Zoning Enforcement Officer is hereby authorized to issue tickets to the actual
violator, if known, or to the property owner where such violation occurred.
Failure to comply with any portion of this subsection shall be deemed a misdemeanor,
and the violator shall be liable for a fine of $250 for the first offense
and $500 for any subsequent offense, and each day such violation continues
shall constitute a separate offense.
The following exceptions shall apply to this chapter:
A.
Notwithstanding other provisions of § 227-4A to the contrary, sidewalks abutting a state, county, or Town road may be constructed outside the right-of-way of the road, provided that the Town has an easement over the sidewalk, which the Town in its absolute discretion deems sufficient.
B.
Agricultural zoned property shall be exempt from the
provisions of this chapter.
C.
Nothing within this chapter shall prohibit the Town from
installing sidewalks within the right-of-way of roads located within the Town,
at Town expense.
Issues regarding civil liability shall be pursuant to § 243-1 of the Guilderland Town Code.
The Zoning Enforcement Officer shall be charged with the enforcement
of the provisions of this chapter and shall report violations to the Town
Clerk for the purpose of providing legal notice to the owner of said property.
The Town Clerk shall provide notice to the Town Board of continued violations
for the purpose of considering orders of assessment.
The Town may repair or install a sidewalk of any property owner who
violates this chapter by an order of assessment of the Town Board against
the property owner, not to exceed the cost of the installation.
