[HISTORY: Adopted by the Town Board of the Town of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-7-1952 (Ch. 18, Art. I, of the 1966 Codification)]
[1]
Editor's Note: Adopted pursuant to authority
conferred by Article 9 of the Town Law.
No excavation in a public street shall be commenced
in the Town of Lancaster, New York, except in conformity with the
provisions of this article.
No person, firm or corporation shall make any
excavation or do other operational work in the public streets unless
such person, firm or corporation shall be duly licensed to do plumbing
work by at least one municipality of the County of Erie.
No person, firm or corporation shall make any
excavation in or under any public street without first procuring a
written permit from the Town Superintendent of Highways or from such
other official of said Town as shall be authorized by the Town Board,
to issue such permit.
Before said permit shall be issued, the applicant
shall file with the Town Clerk, a bond in the sum of $5,000 by an
indemnity company or individuals with no less than two sureties satisfactory
to the Town of Lancaster conditioned to indemnify and save harmless
the Town of Lancaster of and from all damages and losses which may
result from the work of said applicant or officers, agents or employees
being done carelessly or imperfectly or in such a way that injury
or loss results to persons or property thereby, or by reason of the
applicant failing to comply with all and singular, the rules and regulations
as now or may hereafter be established by the Town Board, or with
any ordinances of the Town of Lancaster, in relation to making excavations
in the public streets, or with any provision of the ordinances of
the Town of Lancaster, and the laws of the State of New York, applicable.
An application for a permit must be filed with
the Town Superintendent of Highways containing a statement as to the
location and site of the proposed excavation, the extent of the proposed
excavation and the name and address of the person who will be in charge
of the work.
At least 12 hours' notice of the actual commencement
of operations shall be given to the Town Superintendent of Highways.
Travel on sidewalks or streets shall be interfered
with as little as possible and such streets shall not be closed without
permission of the Town Superintendent of Highways, and when necessary
to do so, the person in charge of the work shall provide and set up
notifying signs at the nearest cross street upon each side of such
part of the street obstructed. The person in charge of the work will
be required to place proper guards and barricades upon and around
the work for prevention of accidents and at night to provide a sufficient
number of red lights and maintain same adequately lighted, and also
provide watchmen if necessary.
The excavation shall be backfilled and the pipes,
conduits or other installations covered with not more than six inches
of clay or earth, and the remainder backfilled with a foundation course
of bank-run gravel in proportions of coarse and fine particles satisfactory
to the Town Superintendent. The backfilling with bank-run gravel shall
be effected not only in the roadbed, but also shall extend four feet
on each side of the roadbed. All surplus materials from the excavation
shall be removed from the site upon completion of the work. The street
or highway shall be restored as nearly as possible to the condition
in which it was prior to the commencement of said work and satisfactory
to the Town Superintendent of Highways.
The applicant shall be responsible for the maintenance
and supervision of the site for a period of 60 days following the
completion of the work, and shall perform any additional backfilling
or remedial work that may he necessary.
Every violation of the provisions of this article
shall be punishable by a fine not to exceed $50 or by imprisonment
for not more than 30 days, or by both such fine or imprisonment.
This article shall take effect 10 days after
publication hereof in the official newspaper of the Town of Lancaster
and the posting conspicuously on the signboard maintained by the Town
Clerk and in at least three other public places in the Town, of a
copy thereof.
[Adopted 10-4-1971 (Ch. 12 of the 1966 Codification)]
[Amended 2-24-1986]
A.
CURB
PEDESTRIAN
SIDEWALK
STREET
Definitions.
The following words, when used in this article, shall have the meanings
herein stated, unless a different meaning clearly appears from the
context:
The boundaries of a roadway, whether marked by curbstone
or not so marked.
All persons making use of public streets for foot passage.
That portion of a street outside of the roadway used or set
aside for the use of pedestrians.
The entire width between the boundary lines of every way
when any part thereof is open to the use of the public for purposes
of vehicular travel.
B.
Requirements.
(1)
Sidewalks
will be required along the entire street frontage of a lot or parcel
that abuts an arterial or collector street on any and all Town streets
or county or state highways when the lot or parcel is developed, unless
expressly waived by the Town Board.
[Amended 5-5-1986]
(2)
Walks along
Town streets shall be constructed and located under Town specifications
as defined in this article.
(3)
If the highway
is a state or county highway, the walk shall be located in accord
with the work permit issued the therefor.
Sidewalks in the Town of Lancaster outside the
corporate limits of the Villages of Lancaster and Depew shall hereafter
be constructed as follows:
A.
All sidewalks
must be set to the slope, grade, width, pitch and location established
by the Town Engineer.
B.
Subbase. The
subbase shall be thoroughly rammed and all soft spots removed and
replaced by hard materials.
C.
Sidewalk.
(1)
All
sidewalks hereafter constructed or reconstructed to be of one course
with the following mix per cubic yard:
(a)
Five hundred
sixty-four pounds cement; 1,413 pounds of sand (damp weight).
(b)
One thousand nine hundred
six pounds of gravel (damp weight).
(c)
Course
aggregate to be 3/4 inch to No. 4 sieve.
(d)
This mix
is set up using washed lake aggregates. Should other aggregates be
used, the weights will be adjusted to their true specific gravity.
(2)
No
material other than the mix above specified shall hereafter be used
for the construction or reconstruction or repair of sidewalks. All
excavated material shall be removed from premises where sidewalk is
constructed, reconstructed or repaired.
D.
Protection. When
completed, the sidewalk shall be kept moist and protected from traffic
and the elements for at least one day. The forms shall be removed
with great care, and, upon their removal, earth shall be banked against
the edges of the walk. The walk must have a pitch of at least 1/8
inch per foot toward the curb or street.
E.
All sidewalks
shall be no less than four inches in thickness, except that portion
which is across a driveway, which shall be six inches in thickness;
all sidewalks shall be five feet in width; provided, however, that
the Town Board shall have the power to modify the above in all cases.
[Amended 5-3-2004]
F.
No fill excepting
dirt shall be placed between the sidewalk and the curb or roadway
without first securing the permission and approval of the Town Board.
No person, firm or corporation shall construct,
reconstruct or grade a sidewalk or any street, avenue or alley until
he shall have obtained the slope, grade, width, pitch, location and
details of construction of the walk in writing from the Town Engineer.
A.
The owner or
occupant of any premises adjoining any street where a sidewalk has
been laid shall keep the sidewalk on such street in good repair and
free and clear of snow, ice, dirt and any other material or substance.
For the purpose of snow and ice removal, such sidewalk shall be cleared
to a minimum width of two feet the entire length thereof. In the event
that such snow and ice is frozen so hard that it cannot be removed
without material difficulty or injury to such sidewalk, such owner
or occupant shall cause sufficient ashes, sand, sawdust, salt or other
suitable material to be spread thereon so as to provide a safe path
at least two feet in width the entire length thereof. As soon thereafter
as weather permits, such owner or occupant shall thoroughly clean
said sidewalk.
B.
Liability of real property owner
for failure to maintain sidewalk in a reasonably safe condition.
[Added 6-7-2010 by L.L. No. 1-2010]
(1)
It shall be the duty of the
owner of real property abutting any sidewalk, including, but not limited
to, the intersection quadrant for corner property, to maintain such
sidewalk in a reasonably safe condition.
(2)
Notwithstanding any other
provision of law, the owner of real property abutting any sidewalk,
including, but not limited to, the intersection quadrant for corner
property, shall be liable for any injury to property or personal injury,
including death, proximately caused by the failure of such owner to
maintain such sidewalk in a reasonably safe condition. Failure to
maintain such sidewalk in a reasonably safe condition shall include,
but not be limited to, the negligent failure to install, construct,
reconstruct, repave, repair, or replace defective sidewalk flags and
the negligent failure to remove snow, ice, dirt, or other material
from the sidewalk.
(3)
Notwithstanding any other provision of law, the Town shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks in a reasonably safe condition. This subsection shall not be construed to apply to the liability of the Town as a property owner pursuant to Subsection B of this section.
(4)
Nothing in this section shall
in any way affect the provisions of this article or of any other law
or rule governing the manner in which an action or proceeding against
the Town is commenced, including any provisions requiring prior notice
to the Town of defective conditions.
C.
Personal injury and property damage liability insurance. An owner of real property, other than a public corporation as defined in § 66 of the General Construction Law or a state or federal agency or instrumentality, to which Subsection A of this section of this code applies, shall be required to have a policy of personal injury and property damage liability insurance for such property for liability for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain the sidewalk abutting such property in a reasonably safe condition. The Town shall not be liable for any injury to property or personal injury, including death, as a result of the failure of an owner to comply with this section.
[Added 6-7-2010 by L.L. No. 1-2010]
D.
The owner and the occupant shall
be jointly and severally responsible for compliance with the provisions
hereof.
No person, firm or corporation shall plow, shovel,
sweep, heap up or in any other manner deposit or place snow, ice,
slush or any other material or substance in any street or any other
public place in the Town of Lancaster outside of the Villages of Lancaster
and Depew.
No person, firm or corporation shall drive,
ride or leave any vehicle, as defined in the Vehicle and Traffic Law,
upon any portion of any sidewalk, except crossing the same for the
purpose of entering or leaving any premises.
No person, firm or corporation shall dig into
or under any sidewalk, or remove, displace or carry away any dirt,
soil, plant, concrete or other material of which the sidewalk may
be constructed, except when the Town Board shall have approved the
same.
No person, firm or corporation, unless authorized
by the Town Board, shall paint, mark, write, print or stencil any
letters, figures, pictures or characters of any kind upon any street,
public building or any other public property.
The Supervising Building Official may grant
permission on an application by the owner or occupant of any lot or
property abutting upon a public street, highway or road of the Town,
or any individual firm, partnership or corporation engaged in the
business of plumbing in the Town of Lancaster, New York, to open the
right-of-way or such portion as lies between the property line and
the edge of paved street, road or highway for the purpose of laying
gas, sewer or water pipe from the edge of paving in said street, highway
or road, to the line of said lot or property, or for the purpose of
repairing such pipe or sewer. The person receiving such permit shall
cause the work to be completed within such time and in such manner
as the Supervising Building Official shall direct and shall cause
any opening made in such portion as lies between the property line
and the edge of paved street, highway or road to be restored in as
good a condition as it was before such opening was made.
The Superintendent of Highways may grant permission
upon application by any individual, firm, partnership, public utility
service or corporation engaged in the business of communications,
electric power transmission or service or selling water or gas and
maintaining pipe lines therefor, to open such street, highway or road
for the purpose of laying gas or water pipe, communications conduit,
electric conduit, etc., or for the purpose of repairing or maintaining
such pipe, conduit or mediums of transfer, or to individual, firm,
partnership or corporation engaged in the business of plumbing in
the Town of Lancaster, New York, for the purpose of laying sewer or
water pipe from the main pipe or sewer in said paved portion of street,
highway or road, or for the purpose of repairing such pipe or sewer.
The person receiving such permit shall cause the work to be completed
within such time and in such manner as the Superintendent of Highways
shall direct and shall cause any opening made in such street, highway
or road to be restored to as good a condition as it was before such
opening was made.
No person, firm or corporation shall cut the
curb or binder of any street pavement in the Town unless authorized
by the Superintendent of Highways.
Every such street, highway or road opening shall
be backfilled, and such backfill shall be of such materials as shall
be directed by the Superintendent of Highways.
If at any time after any street, highway or road opened for any of the purposes mentioned in § 310-23 hereof shall have been replaced and it shall appear that the work of replacing or repaving the same was imperfectly performed, the Superintendent of Highways shall notify the said applicant, owner or occupant to put the same in as good condition as it was before opened; and if the said applicant, owner or occupant, after receiving such notice, shall neglect or refuse to repair said street, highway or road within 48 hours hereafter, then the Superintendent of Highways may cause the necessary repairs to be made and report the expense thereof to the Town Board.
The location of all utilities within a street,
except lateral connections, shall be approved by the Town Engineer.
A.
Any violation by a person, firm or corporation of any provision of Chapter 310, Streets and Sidewalks, Article II, Construction and Maintenance, of the Code of the Town of Lancaster, New York, shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days or both; provided, however, that for the purpose of conferring jurisdiction upon the courts and judicial officers generally, such violation shall be deemed a misdemeanor and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.
D.
If an article, section, subdivision, paragraph or provision of Chapter 310, Streets and Sidewalks, Article II, Construction and Maintenance, of the Code of the Town of Lancaster, New York, be adjudged to be invalid, such adjudication shall apply only to such portion thereof so expressly adjudged invalid, and the remainder of Chapter 310, Streets and Sidewalks, Article II, Construction and Maintenance, of the Code of the Town of Lancaster, New York, shall be deemed to be in all respects valid and effective,
This article shall become effective 10 days
after publication and posting, or upon personal service of a copy
thereof, as provided by law.
