The Town of Glenville recognizes the need to encourage and facilitate
the development of a system of sidewalks for the health, safety, and general
welfare of Town residents, business owners, and visitors, alike. Consequently,
it is the Town's desire to pursue the construction of sidewalks along arterial
and collector streets, and also along residential streets, where cost-effective.
Sidewalks may be constructed in the following instances:
A. As part of the review of subdivision and site plan review
applications, the Town of Glenville Planning and Zoning Commission is authorized
to condition approval of the application on the construction of sidewalks
along and up to the entire street frontage(s) of the project site. Additional
connections to building entry points or other focal points may also be required.
The cost of sidewalk construction is to be borne by the project developer
or landowner.
B. As part of the review of conditional use permit, use
variance, and area variance applications, the Town of Glenville Zoning Board
of Appeals is authorized to condition approval of the application on the construction
of sidewalks along and up to the entire street frontage(s) of the project
site. Additional connections to building entry points or other focal points
may also be required. The cost of sidewalk construction is to be borne by
the project developer or landowner.
C. Upon its own initiative, the Glenville Town Board may
authorize construction of sidewalks along any public street within the Town
of Glenville, with the cost of construction to be borne by the Town.
D. Upon their own initiative, the Schenectady County Department
of Engineering and Public Works and the New York State Department of Transportation
may construct sidewalks along Schenectady County highways and New York State
highways, respectively.
E. At the request of individual or multiple landowners,
residents, business owners, neighborhood associations, etc., the Town may
construct sidewalks along any public street within the Town of Glenville,
with the cost of construction to be borne by the adjoining landowners. The
cost of construction in this case is to be spread among adjoining property
owners through the establishment of a sidewalk district. The Town Board will
determine the construction cost per property via the establishment of a formula
that may consider property characteristics such as street frontage, assessed
value, land use, and other factors.
F. Upon their own initiative, individual or multiple landowners,
residents, business owners, neighborhood associations, etc., may construct
sidewalks along public streets, provided the Glenville Town Board approves
the proposal before construction commences; provided all specifications of
this chapter have been met; and provided the construction has been inspected
and approved by the Commissioner of Public Works. The cost of sidewalk construction
in this instance is to be borne by the landowner, resident, business owner,
neighborhood association, etc. The cost per property in this case need not
be determined by a sidewalk district formula. Rather, the landowners, residents,
business owners, and neighborhood associations shall determine the methodology
for assigning costs. Further, prior to the commencement of construction, the
landowner, resident, etc. shall submit construction plans to the Commissioner
of Public Works to verify proper location, dimensions, construction materials,
etc.
The owner or the agents of owners with property adjoining a public sidewalk outside of a sidewalk district shall be liable for any injury or any damage caused to any person or property caused wholly or in part by the failure of said owner or agent to maintain and repair any sidewalks, adjoining landscaped areas (as described in §
221-2) or curb abutting their property. Each such owner shall be liable to the Town for all losses to the Town for damages to person or property of others caused by his/her failure or that of his/her agents to repair and keep in good order and reasonably safe condition all such sidewalks, adjoining landscaped areas and curbs adjoining his/her property.
No civil action shall be maintained against the Town of Glenville or any Town officer or employee for damages or injuries to person or property sustained in consequence of any sidewalk or sidewalk district being out of repair, defective, unsafe, dangerous, obstructed or encumbered by snow or ice, except as provided in Chapter
190, Notice of Defects, of the Code of the Town of Glenville.