[Adopted 3-21-2001 by L.L. No. 1-2001]
The following terms shall have the meaning provided
in this section, unless their content requires otherwise:
AAN
American Association of Nurserymen.
AAN STANDARDS
Any tree under four inches in caliper is measured six inches
from the ground. Any tree four inches and over in caliper is measured
12 inches from the ground.
CALIPER
The diameter of a tree trunk in inches.
DBH
The diameter of a tree trunk at breast height, which is a
height of five feet, six inches from the finished grade at the base
of the tree.
TREES, SHRUBS
Any plants which have self-supporting, aboveground parts
which are visible year round.
[Added 4-27-2011 by L.L. No. 1-2011; amended 2-6-2013 by L.L. No.
1-2013; 3-4-2015 by L.L. No. 2-2015; 2-16-2022 by L.L. No. 1-2022]
A. Accumulation of snow and ice on sidewalks. It shall be unlawful for
any owner of property adjoining a sidewalk in the Town to permit three
inches of snow or ice to remain upon such sidewalk. Snow or ice must
be removed from the entire width of the sidewalk to accommodate pedestrians,
wheelchairs and strollers.
B. Accumulation of snow or ice on buildings adjacent to sidewalks or
streets. It shall be unlawful for any owner of a building adjacent
to a sidewalk or street to permit snow or ice to accumulate upon any
building where it may pose a safety hazard to persons on any sidewalk,
street or public space in the Town, and it shall also be unlawful
for any person to permit snow, ice or water to fall from such building
upon any street or sidewalk creating a hazardous condition.
C. Depositing snow and ice on streets or sidewalks. It shall be unlawful
for any employee, contractor or owner of property adjoining a sidewalk,
street or public space in the Town to deposit snow or ice from private
property onto public property, including sidewalks streets or other
public space in the Town.
D. Performance of work by the Town; assessment of costs. Upon due notice,
should the owner of any building fail to remove any hazardous snow
or ice from the sidewalk or from the building within 24 hours of the
end of a snow event, the Town may remedy the abatement of such condition,
and the total cost thereof shall be assessed upon the real property
on which the hazardous condition is found. Such cost shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the manner provided by law for the collection of delinquent taxes.
E. Imminent hazards to life and safety. Hazardous snow or ice conditions which pose an imminent threat to life or safety may be removed immediately, and the cost thereof shall be assessed and collected as provided in §
71-5.
F. Penalties for offenses. Any person who violates any provision of
this section shall, upon conviction thereof, be subject to a fine
not to exceed $250 per day of violation, or to imprisonment for a
term not to exceed 15 days, or both. The imposition of a penalty for
a violation of this section shall not excuse the violation or permit
it to continue, and the remedies herein provided for penalties and
civil action to enjoin or abate a violation shall be cumulative.
[Amended 5-15-2013 by L.L. No. 2-2013]
A. This article shall not govern any emergency activity
immediately necessary to protect life, safety or property, or to maintain
access to any property. Any such activity shall incorporate reasonable
efforts to protect trees and shrubs on Town property from unnecessary
damage.
B. Any person or agency engaged in any action covered by Subsection
A shall make a reasonable effort to notify the Town Arborist prior to commencing that action and shall, in any event, provide written notice to the Town Arborist of the emergency and the work to be done within three calendar days of commencing that work.
C. Should a dispute arise in the administering of this
article, an appeal can be requested by petitioning, in writing, the
Town Arborist. The Town Arborist will have 10 working days to reply
in writing. Should this provide an unsatisfactory resolution, a second
appeal can be requested by petitioning the Superintendent of Highways.
In such event, the Superintendent of Highways shall consult with the
Town Arborist. The Superintendent will have 10 working days from the
filing of the second appeal to reply in writing. Should this also
provide an unsatisfactory resolution, a third appeal can be requested
by petitioning Town Board. The Town Board will act upon the petition
within 60 days from the date of receiving the petition.
Designated historic trees in the ROW, identified
by the Town Arborist, will be given the highest degree of protection
possible to preserve them for future generations.
If necessary, as determined by the Arborist,
the Town shall have the right to cause the removal of any dead or
diseased trees on private property within the Town when such trees
constitute a hazard to public life and property, or harbor insects
or disease which constitute a potential threat to other trees within
the Town on private property. The Town will notify in writing the
owners of such trees. Removal or pruning shall be done by the owners
at their expense within 60 days after the date of service of notice.
In the event of failure to comply with the required removal, the Town
is authorized to remove or have such trees removed and charge the
cost of removal to the property tax notice of the owner.
[Adopted 9-3-2008 by L.L. No. 6-2008]
The purpose of this article is to promote the
maintenance of safe and adequate sidewalks for pedestrian use by regulating
the manner of construction, reconstruction, repair and maintenance
of sidewalks and the materials to be used in the grades and widths
thereof in the Town of Orchard Park; and to prohibit any construction,
reconstruction or repair which does not comply with such regulations;
and to provide guidelines for assuring the safety of such sidewalks;
and to delineate the responsibility of the Town of Orchard Park and
the property owner.
As used in this article, the following terms
shall have the meanings indicated:
PROPERTY OWNER OR OWNERS
Anyone who holds title to the premises in fee simple or by
life estate or remainder, and also any beneficial owner of the premises
such as a contract vendee in possession, who has the duty to pay the
taxes on the premises.
SIDEWALK or SIDEWALKS
Existing sidewalks, those presently under construction, if
any, and any future sidewalks constructed after the date of the adoption
of this article which abut public highways in fact used by the public.
TOWN
The Town of Orchard Park, New York 14127.
Quality of concrete, grade, thickness and width
of sidewalks and other standards of construction and installation
shall be determined by specifications adopted by the Town and available
at the Office of the Town Engineer upon request. Unusual circumstances
which may affect installation or cause a deviation from these specifications
may be approved on a case-by-case basis after investigation by the
Town Engineer.
The Town of Orchard Park shall dispose of the
rubble from the replacement of sidewalks within the right-of-way,
provided that the said rubble is placed at the curb or road edge.