[Amended 12-7-2009 by L.L. No. 21-2009; 12-7-2009 by L.L. No.
14-2010; 8-19-2019 by L.L. No. 17-2019]
1-1.
Locations.
1-1.1.
Sidewalks shall be required along the entire street frontage of a lot or parcel that abuts an arterial or collector street when the lot or parcel is developed and along the entire frontage of such other lots or parcels as the Planning or Town Boards shall direct. Walks along Town streets shall be located in accord with Chapter 204, Subdivision of Land, § 3-2-4. If the highway is a state or county highway, the walks shall be located in accord with the work permit issued therefor. The Planning Board, as a part of the site plan or subdivision approval, or the Town Board may waive the requirement for a sidewalk on a given parcel or development.
1-1.2.
Sidewalks are not required on the following segments of rural-character
arterials or collector streets:
|
Name of Street
|
Location
|
|---|---|
|
Campbell Boulevard
|
West side from Burgundy Terrace to Tonawanda Creek; and east
side from North Rockingham Way to Tonawanda Creek
|
|
Hopkins Road
|
Millersport Highway to Tonawanda Creek Road
|
|
Millersport Highway
|
New Road to Transit Road
|
|
New Road
|
Millersport Highway to Tonawanda Creek
|
|
North Ellicott Creek Road
| |
|
Schoelles Road
| |
|
South Ellicott Creek Road
|
North side and south side from Denrose Drive to Kaymar Drive
|
|
Sweet Home Road
|
Christine Drive/Sweethaven Court to Tonawanda Creek Road
|
|
Tonawanda Creek Road
|
Sweet Home Road to Transit Road
|
|
Youngs Road
|
West side from Turnberry Court to Maple Road; and east side
from The Common to Maple Road
|
1-1.3.
Sidewalks shall be installed on new local collector and local streets as required by the Planning Board, as a part of an approved site plan or subdivision, or by the Town Board, in which event they shall be located in accord with Chapter 204, Subdivision of Land, § 3-2-4.
1-1.3A.
Sidewalks shall be installed at the time of development
along the entire street frontage of any lot or parcel abutting a local
collector or local street existing on the effective date of this section,
unless waived by resolution of the Planning Board as a part of the
approved site plan, subdivision, or by the Town Board.
1-1.3B.
The determination of whether a particular street
is a local street, local collector, collector, or arterial shall be
made by the Planning Board either as a part of the site plan or subdivision
review, or as a separate determination.
1-2.
Installation of sidewalks more than 25 feet in length.
1-2.1.
The owner or occupant of a residential lot or parcel that has
been ordered by the Town Board to install sidewalks which are 25 or
more contiguous feet in total length shall:
A.
Privately cause the sidewalk to be installed, according to the specifications
set forth in this part and within the time stated in the Town Board
order; or
B.
Advise in writing the Commissioner of Building of the desire to have
the Town of Amherst install the sidewalk and have the expense thereof
assessed against the property benefited pursuant to New York State
Town Law § 200-a.
1-2.2.
The failure of the owner or occupant to take action as set forth
in Subsection 1-2.1A or B will result in the Town enforcing New York
State Town Law § 200-a.
1-2.3.
The option to have the expense of sidewalk installation assessed
against the benefited property in multiple annual installments shall
not be available to the owner or occupant of a premises where a certificate
of occupancy has not yet been issued or, if issued, a sidewalk installation
waiver had previously been granted.
1-2.4.
This subsection is adopted pursuant to the authority granted
to towns by § 10 of the Municipal Home Rule Law to adopt
local laws relating to their property, affairs or government. To the
extent this subsection is inconsistent, New York State Town Law § 200-a
is hereby superseded.
2-1.
Sidewalks shall be five feet wide on streets designated arterials
and shall be four feet wide on all other streets.
2-2.
The elevation of the sidewalk shall be the curb elevation plus 1/4
inch to one foot for the distance measured from the curbline to the
outer line of the sidewalk.
2-2.1.
Where no curb exists, the elevation of the crown of the roadway
shall be used in place of the curb elevation. Drives shall be so graded
that the portion occupying the space reserved for sidewalks shall
meet the requirements for sidewalks.
2-2.2.
Where no grades have been established, or where local conditions
warrant a deviation from the foregoing, the Commissioner of Building
shall establish lines and elevations.
2-3.
Within the street right-of-way where any sidewalk and/or drives exist
in the same block, additional sidewalks and/or drives shall conform
to those existing in such blocks or to the ruling of the Commissioner
of Building.
2-4.
If one or more NYSDOT specifications contained in this chapter become
obsolete, renumbered or are found to be unacceptable by the Commissioner
of Building, the Commissioner of Building shall designate one or more
acceptable replacements for the material specifications.
2-5.
Sidewalks shall be constructed of concrete, asphalt (bituminous concrete),
concrete pavers, or flexible material. The color of the concrete pavers
or flexible material shall be substantially similar to the color of
the public sidewalks within the same street block or to the ruling
of the Commissioner of Building. In all cases, the sidewalk shall
be installed in accordance with the more restrictive requirements
of the manufacturer's installation instructions or to the ruling of
the Commissioner of Building.
Sidewalks shall be of concrete and constructed to the following
specifications:
3-1.
Materials. The materials used shall meet the following requirements:
|
Material
|
Specifications
|
|---|---|
|
Type 1A portland cement
|
NYSDOT Material Spec. Section 701-01
|
|
Curing compound
|
NYSDOT Material Spec. Section 711-05
|
|
Premolded bituminous joint filler
|
NYSDOT Material Spec. Section 705-07
|
|
Base course material No. 1 stone
|
NYSDOT Material Spec. Section 703-01
|
|
Water
|
Shall be clean enough to drink
|
|
Proportions of mix
|
Proportions are to consist of 1:2:3 mix and 6 1/2 gallons
of water per sack of cement maximum
|
3-2.
Excavation.
3-2.1.
Excavation shall be made to the required depth and to a width
that will permit the installation and bracing of the forms.
3-2.2.
Subbase shall be thoroughly compacted and all soft spots removed
and replaced by run of crusher stone.
3-2.3.
When a fill exceeding one foot in thickness is required, it
shall be thoroughly compacted by tamping in layers not exceeding six
inches. All fill shall be compacted by a minimum one-half-ton roller
before application of concrete.
3-3.
Forms. Forms shall be metal or wood, straight, free from warp and
of such construction that no displacement from alignment will occur
during placement of concrete. All forms shall extend for the full
depth of the concrete and shall be rigidly held to line and grade
by stakes or braces.
3-4.
Installation.
3-4.1.
A four-inch bed of compacted No. 1 stone shall form the foundation
course. The foundation course shall be thoroughly moistened immediately
prior to the placing of the concrete. Concrete shall be placed in
forms in accordance with the requirements of the New York State Department
of Transportation specification Section 601-3-04, Handling and Placing
Concrete, and shall be compacted in an approved immersion-type mechanical
vibrator. Forms shall be left in place for 24 hours or until the concrete
has set sufficiently so that they can be removed without injury to
the sidewalk.
3-4.2.
Concrete shall be placed in one course to a minimum thickness
of five inches across driveways and a minimum of four inches in all
other locations, in such a manner as to prevent segregation.
3-4.3.
The concrete shall be finished to produce a brushed finish.
3-4.4.
No concrete is to be laid when the temperature is lower than
45° F. unless the concrete is protected in accordance with acceptable
standards for the cold-weather placement of concrete.
3-5.
Joints.
3-5.1.
Transverse contraction or control joints shall extend to the
full depth of the slab, filled with a one-half-inch premolded bituminous
joint filler and spaced not to exceed 25 feet apart. The edges of
such joints shall be finished with an edging tool having a one-fourth-inch
radius.
3-5.2.
The concrete surface shall be scored at intervals of five feet
so that the finished walk will be marked in squares.
3-5.3.
Full-depth isolation joints shall be formed around all appurtenances
such as manholes, water valves, etc., and at all joints between sidewalks,
curbs, buildings, etc. Premolded bituminous joint filler, one-half-inch
thick, shall be installed in those joints.
3-7.
Backfilling. After the concrete has set, any remaining excavated
areas or voids created by the forms shall be backfilled with good
quality topsoil or other material approved by the Commissioner of
Building.
3-8.
Reinforcement. If the location of the sidewalk is such that upheaval
is likely or is subject to vehicular traffic as in a parking lot,
steel reinforcement in the form of wire mesh may be required by the
Commissioner of Building.
Where specifically authorized by resolution of the Town Board,
bituminous sidewalks conforming to the following specifications may
be installed:
4-1.
Materials.
|
Material
|
Specification
|
|---|---|
|
Base course material No. 1 stone
|
NYSDOT Material Spec. Section 703-01
|
|
Bituminous material binder Type 2A
|
NYSDOT Material Spec. Section 401
|
4-2.
Construction requirements.
4-2.1.
Excavation shall be made to the required depth and width.
4-2.2.
An eight-inch-deep foundation course shall be formed of two
four-inch layers of compacted No. 1 stone.
4-2.3.
Bituminous sidewalk material shall be placed on the compacted
foundation course in one course so as to give the required depth of
two inches after rolling. The requirements of the New York State Department
of Transportation Specification Section 401-3, Construction Requirements
for Plant Mix Pavements-General, shall apply.
5-1.
Owner to maintain sidewalk; exceptions.
5-1.1.
The owner or occupant of any premises fronting or abutting on
any street or highway shall repair, keep safe and maintain any sidewalk
abutting the premises and keep it free and clear from snow, ice, dirt
or other obstruction. All trees, shrubs, plants and other vegetation
must be cut back to a height of eight feet directly above the surface
of any sidewalk. Any such owner or occupant shall be liable for any
injury or damage by reason of omission or failure to repair, keep
safe and maintain such sidewalk or to remove snow, ice or other obstructions
therefrom or negligence in performing those functions.[1]
[1]
Editor's Note: Former Subsections 5-1.2, 5-1.3, 5-1.4, 5-1.5,
added 4-11-2011 by L.L. No. 7-2011, and 5-1.6, added 4-11-2011 by
L.L. No. 6-2011, amended 6-6-2011 by L.L. No. 16-2011, which provided
exemptions to certain property owners from the requirement to keep
sidewalks that are located along rear property lines adjacent to certain
major highways free from snow and ice, were repealed 5-21-2012 by
L.L. No. 10-2012.
5-2.
No person shall plow, shovel, sweep or pile snow, ice or other materials
in or beyond the right-of-way of any street or public highway or cause
such to be done so as to interfere with the safety and convenience
of public travel.
