[HISTORY: Adopted by the Town Board of the
Town of Wilton 1-5-2006. Amendments noted where applicable.]
This chapter shall be known and cited as the
"Wilton Sidewalk, Pathways and Street Lighting Ordinance."
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
A walkway along the margin of a street designated and prepared
for the use of pedestrians to the exclusion of motorized vehicles.
An outdoor artificial illuminating device along public sidewalks.
B.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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.
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.
