Town of Wilton, NY Sidewalks, Pathways and Streetlighting

The purpose of this chapter is to regulate the repair, construction and maintenance of public sidewalks and pathways on/or along a public road to keep them in proper and safe condition for public use; to regulate outdoor night lighting fixtures to promote safety in the pedestrian environment while preserving the privacy and integrity of residential neighborhoods.

§ 107-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PATHWAY

An off-road facility shared use path separate from the public road (though sometimes in the public road right-of-way) that has been constructed by the Town of Wilton.

SIDEWALK

A walkway along the margin of a street designated and prepared for the use of pedestrians to the exclusion of motorized vehicles.

STREETLIGHTS

An outdoor artificial illuminating device along public sidewalks.

§ 107-4 Construction and maintenance of sidewalks.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection A, regarding Town Board reservation of the right to construct sidewalks in the H-1 and CR-2 Districts, as amended, was repealed 2-7-2013.

The Town Board may construct, repair or maintain, or may order the construction, repair and maintenance of sidewalks for the health, safety and general welfare of the residents of the Town after notifying the involved property owners of the time and place of a hearing of such order before the Town Board. No work shall be commenced until approved by either the Town Highway Superintendent or State Department of Transportation or Saratoga County having jurisdiction over the right-of-way/easement within which the sidewalk is located, if necessary.

(Reserved)[2]

[2]

Editor’s Note: Former Subsection C, concerning sidewalk area being considered part of the green space requirement, was repealed 2-7-2013.

The owner or owners of all lots, parcels and premises within the Town are required to maintain, repair and keep safe sidewalks adjacent to or upon their property and premises in or along the public street in the Town.

It shall be the duty of all owners of premises within the limits of the Town to keep all sidewalks which have been heretofore or hereafter laid in front of, upon, or adjacent to such premises, in or along any of the street right-of-way, in good repair and free from dangerous ice, snow, or other dangerous obstructions and conditions. Any owner of any such premises who shall allow any such sidewalk to remain in disrepair or in a dangerous condition shall be responsible and liable for injuries and damages arising out of the disrepair or unsafe condition of said sidewalks. Such owner shall further indemnify and reimburse the Town for any and all liability, costs and expenses, which the Town might incur as a result of any such defective or dangerous sidewalks.

Whenever any snow or ice shall fall or drift on or across any sidewalk, the owner or occupant of the lot, building or other premises adjacent to or abutting the sidewalk shall remove such snow and ice or cause the same to be removed within a reasonable of time, as determined by the Town.

No person shall permit or cause any building material, dirt, sand, excavated material, wood, rubbish, any article or other substance or merchandise to be dropped, delivered, piled or placed in any way above or upon any sidewalk or pathway so as to obstruct the sidewalk or pathway except by special permission of the Town. Merchandise necessarily delivered on the sidewalks or pathways shall be immediately removed to the interior of the address to which it was destined.

§ 107-5 Standards for sidewalks and streetlighting.

Sidewalks.

(1)

All sidewalks shall be constructed to grade established by existing adjoining walks or, in the absence of the foregoing, by the Town Engineer, and shall be paved with a single course of concrete using limestone aggregate, which shall have a compressive strength of not less than 3,500 pounds per square inch within 28 days of paving. Paving bricks may be substituted for concrete when authorized by the Town.

(2)

All sidewalks shall be at least five feet in width.

(3)

Paving shall be constructed on at least a two-inch-thick sand cushion and shall be at least four inches in depth except where across driveways, where it shall be at least six inches in depth. Paving joints shall be perpendicular to sidelines at intervals consistent with adjoining or abutting sidewalks and not greater than the sidewalk width. One-inch expansion joints shall be placed through the walk at least every 50 feet, and between walks and other rigid structures.

(4)

The surface shall be roughened with a brush or other equipment to prevent smooth and slippery surfaces.

Streetlighting.

(1)

Lighting standard shall be Sternberg twelve-foot ornamental model No. 2512-TFP5, A 453 Globe, black finish, with 120-volt mogul base. One-hundred-fifty-watt high-pressure sodium lamp, and a Type III refractor, House Side Shield Attachment, or Sternberg of Hanover 291-12 with 33500 BP Head or approved equal. Other exterior site/building lighting should be of similar style. Lighting power supply and maintenance shall be provided by the property owner.[1]

[Amended 2-7-2013]

[1]

Editor's Note: Sternberg Palmetto Luminaire diagram included at the end of this chapter.

(2)

All streetlights shall be equipped with a photometric eye feature.

(3)

Streetlights shall be located according to the following guidelines:

(a)

At least one pedestrian scaled ornamental light per intersection or access drive.

(b)

Between intersections, lights shall be installed approximately every 75 feet, along the sidewalk and within the property owner’s lot starting approximately 35 feet from adjoining property lines.

[Amended 10-5-2006; 2-7-2013]

(c)

Light standards shall be located at least 25 feet from tree plantings.

Sidewalk landscaping. Sidewalk landscaping design requires approval by the Planning Board and shall be on a site-specific basis with guidance from the following:

[Amended 10-5-2006; 2-7-2013]

(1)

The introduction of street trees within the Hamlet districts will provide a sense of arrival for the motorist entering the area, calm vehicular traffic, define the corridor, provide shade and visual interest, and separate vehicular and pedestrian spaces. A hierarchy of street tree planting is envisioned, utilizing a variety of species based upon size, visual interest, and site constraints. Individual species selection shall be influenced by utilities, building facades, driveway and intersection locations, and land use.

(2)

Suggested tree species:

	Large Trees (2 1/2-inch to 3-inch Caliper)
		Acer platanoides	Norway Maple
		Fraxinus pennsylvanica	Green Ash
		Quercus rubra	Red Oak
		Ulmus Americana 'Princeton'	Princeton Elm

	Medium Trees (2-inch to 2 1/2-inch Caliper)
		Acer rubrum	Red Maple
		Celtis occidentalis	Common Hackberry
		Gleditsia triacanthos var. inermis	Thornless Honeylocust
		Tilia cordata	Littleleaf Linden

	Small Trees (1 1/2-inch to 2-inch Caliper)
		Crataegus phaenopyrum var. inermis	Thornless Washington Hawthorn
		Malus var. 'Centurion,' 'Liset,' 'Sentinel'	Flowering Crabapple
		Pyrus calleryana	Callery Pear

(3)

Trees shall not be planted within 30 feet of an intersection or 15 feet of driveways and alleys.

(4)

Trees shall not be planted within 10 feet of utility poles or fire hydrants.

(5)

Trees shall be spaced at the following distances:

(a)

Large trees: minimum 50 feet apart, starting approximately 25 feet from adjoining or corner property lines.

(b)

Medium trees: minimum 35 feet apart, starting approximately 18 feet from adjoining or corner property lines.

(c)

Small trees: minimum 25 feet apart, starting approximately 12 feet from adjoining or corner property lines.

(6)

Only small trees with a mature height less than 30 feet shall be planted under utility lines. Trees over 30 feet in mature height shall be planted a minimum of 25 feet from overhead utility lines.

(7)

The placement of sidewalk trees may be clustered and do not have to be evenly spaced.

§ 107-6 Owner-caused defects.

Where sidewalk or pathway defects creating pedestrian hazards are caused by conditions existing upon an abutting property, such as, but not limited to trees or other growth, surface drainage, on-site construction or vehicular traffic or other on-site activities, the abutting property owner shall be responsible for its repair, maintenance and safe condition, and liable for all consequential injuries, damages, expenses or costs resulting from the condition and lack of repair or maintenance and unsafe condition. Such liability shall include full indemnification of the Town for any damages, costs or expenses resulting from such owner defaults as well as liability to others. The foregoing liability and responsibility shall apply without notice or hearing on the same.[1]

[1]

Editor’s Note: Former § 107-7, Partial exemption from chapter, which immediately followed this section, was repealed 2-7-2013.