Seneca Falls Town City Zoning Code
ARTICLE VIII
Streets and Sidewalks
§ 300-83 Prior notification of defects.
No civil action shall be maintained against the Town for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructed or for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk, street, highway, bridge or culvert unless written notice of the defective, unsafe, dangerous or obstructed condition or of the existence of the snow or ice, relating to the particular place, was actually given to the Town Clerk and there was a failure or neglect within a reasonable time after receipt of such notice to repair or remove the defect, danger or obstruction complained of or to cause the snow or ice to be removed or the place to otherwise be made reasonably safe.
§ 300-84 Excavations.
A.
Permit required; emergencies. Unless acting under a contract with the Town, it shall be unlawful for any person, other than a duly authorized Town official or employee, in the course of his or her employment, to make or cause or permit to be made any excavation or opening in or under any sidewalk, or in or under any pavement of any street, alley or other public place within the limits of the Town of Seneca Falls, without first having obtained, or having in force, a permit to do so, as herein provided. In an emergency arising outside of office hours, at night, Sundays or holidays, when an immediate excavation may be necessary, the same shall be immediately reported to the Town Highway Superintendent, who shall grant permission to make the necessary excavation upon the express condition that the application shall be made in the manner herein provided, within the next 24 hours or by 12:00 noon the next business day, whichever is sooner.
B.
Permit application requirements.
(1)
Application for permit.
(a)
Any person desiring to procure a permit as herein provided shall file with the Town Highway Superintendent or his or her designated representative, at least 24 hours before the time proposed to begin such work, a written application on a form provided by the Town Clerk.
(b)
All applicants shall include the following information in the application:
[1]
Name, address and telephone number of applicant.
[2]
The name of the road or highway upon which construction/excavation is contemplated.
[3]
The type of road material proposed to be used.
[4]
The purpose of excavation.
[5]
The location of excavation, with sketch.
[6]
The name and address of the business or residence for which work is being performed.
[7]
The proposed start date of excavation.
[8]
Proposed completion date of excavation.
[9]
The name of applicant's/project's liability insurance company.
[10]
The estimated cost of the construction for the project requiring the excavation.
[11]
The name of applicant's bond company.
[12]
The amount of any performance bond obtained.
[13]
Any other information requested by the Highway Superintendent.
(c)
Whenever required by the Town Highway Superintendent or his or her designated representative, the application shall be accompanied by a sketch or tracing showing the location, character and dimensions of the proposed excavation or opening.
(2)
At the time the application is made, the Town Highway Superintendent or his or her designated representative shall estimate the cost of restoring the highway's final wearing surface and foundation and shall require the applicant to deposit with the Town Clerk sufficient cash or a performance bond, in a form acceptable to the Highway Superintendent, sufficient to cover the cost of restoration, inspection, examination and backfilling of the highway. Any such cash deposits deposited with the Town Clerk shall be kept in a separate pavement repair fund.
(3)
For the purpose of calculating the cash or bond to be deposited or posted, the Town Highway Superintendent shall prepare, as far as possible, a schedule of costs, covering the various kinds of acceptable pavements, as well as standard specifications for the refilling of all trenches. The applicant shall abide by such specifications and any additional directions that the Town Highway Superintendent and/or his or her designated representative shall make in refilling such trenches, preparatory to receiving the foundation and wearing surface.
C.
Indemnification of Town; liability insurance. In the permit granted, every applicant shall agree to indemnify, hold harmless and protect the Town against all loss or damage by reason of any such excavation or opening. Upon request of the Highway Superintendent, the applicant shall provide proof of liability insurance sufficient for the applicant to so indemnify and hold harmless.
D.
Alterations in grade and line. No persons shall lay, pave or re-lay any sidewalk, curb or gutter in any street without first having obtained the grade and line thereof from the Town Highway Superintendent or his or her designated representative, and the same shall be laid or relaid upon such grade and line. No person shall, in repairing, altering or improving any street, curb or gutter, change the grade therefor given by the Town Highway Superintendent or his or her designated representative. In case of any such alteration in street, curb or gutter, all the directions of the Town Highway Superintendent or his or her designated representative in regard to the grade, line, width and material shall be followed. In case of any dispute or complaint as to any unreasonable decision on the part of the Town Highway Superintendent or his or her designated representative, final determination shall be made by the Town Board.
E.
Re-laying of final wearing surface and refilling of trenches. In all excavations, the final wearing surface shall be relaid by the contractor under the charge and direction of the Town Highway Superintendent or his or her designated representative. Such re-laying shall consist of the foundation and wearing surface in hard-surface pavement, such as concrete, asphalt, bitulithic or brick, and the foundation and wearing surface in macadam pavements. The Town Highway Superintendent shall also prepare standard specifications for the refilling of all trenches, and the applicant shall abide by such specifications, and any additional directions that the Town Highway Superintendent or his or her designated representative may make in refilling such trenches, preparatory to receiving the foundation and wearing surface.
F.
Authority of Highway Superintendent; completion of project.
(1)
Authority of Town Highway Superintendent to cancel or alter permit.
(a)
The Town Highway Superintendent or his or her designated representative shall have full authority and power at any time to cancel, rescind or alter any such permit, or any of the terms thereof, and to direct the manner in which the work shall be conducted, including, but not limited to, whether said work shall be performed through a punch or open trench method.
(b)
For the purposes of this section, the term "punch" shall mean the use of a mechanical drill and/or pneumatic torpedo to tunnel under the roadway without disturbing the top wearing surface or subbase; while the term "open trench" shall mean to cut and dig through the top wearing surface and subbase.
(2)
All excavation and related work shall be expeditiously conducted from the time the permit is granted until the desired repairs are completed.
(3)
Upon completion of the project, any unexpended balance to the account of any applicant shall be returned to the applicant by the Town, or any bond discharged, only upon the certification of the Town Highway Superintendent, to be filed with the Town Clerk, that the work was completed in a satisfactory manner.
§ 300-85 Vehicles and animals on sidewalks.
It shall be unlawful to operate, drive, place or leave any motor vehicle or any other vehicle upon or along any public sidewalk or footpath in the Town of Seneca Falls so as to interfere with or obstruct travel thereon. This section, however, does not apply to any person who necessarily drives such vehicle across such public sidewalk or footpath to or from any adjoining premises or to any person drawing, pushing or operating a vehicle commonly used to carry children or infirm persons.
§ 300-86 Signs and advertisements.
No person shall place upon, fasten or affix to any utility pole, lamppost, tree or fence any political sign, advertisement, placard, poster, letter or device stating, referring to, advertising or intending to state, refer to or advertise any meeting, sales, employment, business exhibition, dance or amusement of any kind, or the sale or manufacture of any article or thing whatsoever.
§ 300-87 Deposit of waste matter and lawn clippings.
A.
No person shall deposit, place or throw or permit the same to be done, any ashes, leaves, papers, glass, nails or other matter into or upon any street, sidewalk, highway, traveled road or lane; or place in such street any boxes, barrels or other receptacles containing such things.
B.
No person shall mow his or her lawn so that the clippings from the lawn mower shall fall upon any street, sidewalk, highway, gutter, traveled road or lane.
§ 300-88 Obstructions.
A.
No person shall place, hang out or suspend or suffer to be placed, hung out or suspended any goods, wares or merchandise of any sort in any street in front of his or her building or place of business.
B.
No person shall suspend, hang, adjust, fix or place over or above any street in front of his or her building any shed, board, roof, sign or cross sign or other fixtures which shall extend or project from the wall or front of such building into the street.
C.
No person shall deposit, place or put, or suffer to be deposited, placed or put, any goods, wares or merchandise or any chattel on any sidewalk in front of his or her building or lot, except while actually removing the same into or out of such building.
D.
Hedges, trees, fences, etc. shall be placed and trimmed to maintain pedestrian clearance of seven feet above the walk the full width of the walk. All ornamental and shade trees standing within, or whose branches or any part thereof extend over, any public street, or sidewalk, in the Town of Seneca Falls shall be so trimmed that the lowest branches shall be not less than seven feet from the ground; and it shall be the duty of the owner or occupant of the premises upon which such trees shall stand to so trim the same.
E.
No awning shall be placed or constructed over any sidewalk unless every part of such awning and the supports thereof shall be at least seven feet above the sidewalk.
§ 300-89 Removal of snow from streets.
No person shall remove snow from any street without removing it wholly from such street or spreading it over and upon the traveled portion thereof in such a manner as to leave a uniform and level surface. Under no circumstances shall snow removed from such street be deposited in ridges in such street, and suffered to remain, for a longer period of time than shall be necessary to remove it wholly from such street and spread it uniformly.
§ 300-90 Restricted activities.
A.
No person shall ride or use a bicycle, roller skates or a skateboard on the following business district sidewalks: on both sides of Fall Street between Clinton Street and Cayuga Street.
B.
No person shall pitch a tent or camp on any Town property or road right-of-way within the Town without prior permission of the Town Board.
C.
Any violation of Subsection B shall be punishable as follows:
(1)
Upon the first offense, the person riding or using a bicycle, rollerskates or skateboard in the restricted areas shall have the above item(s) held by the Seneca Falls Police Department for 60 days.
(2)
In the event of a second violation by the same individual, the restricted item(s) will be held and not returned to the individual.
(3)
In the event of a third violation by the same individual, the restricted item(s) will be held and not returned to the individual.
(4)
For the first and second violation, if no other violations of this section have occurred, at the end of the time limit stated above, the restricted item will be returned to its rightful owner.
(5)
If a violator of this section has no violations for a period of two years from the date of the violation, all records of the violation shall be removed, and the violator shall have a clean record.
§ 300-91 Articles on windowsills.
No person shall place any box, flower pot or other article upon any windowsill or projection of any building directly fronting on any public street or sidewalk or any part thereof in the Town of Seneca Falls, unless such article is suitably secured as not to fall.
§ 300-92 Alterations to streets and sidewalks.
No person shall lay, pave or re-lay any sidewalk, curb or gutter in any street without first having obtained the grade and line thereof from the Town Highway Superintendent or his or her designated representative, and the same shall be laid or relaid upon such grade and line. No person shall, in repairing, altering or improving any street, curb or gutter, change the grade therefor given by the Town Highway Superintendent or his or her designated representative. In case of any such alteration in the street, curb or gutter, all the directions of the Town Highway Superintendent or his or her designated representative in regard to the grade, line, width and material shall be followed. Concrete or slate shall be used for all sidewalk installations in the former Village of Seneca Falls. When paving any driveway where sidewalks exist, pavement shall be allowed up to the sidewalk on either side. Concrete sidewalks are not to be replaced with blacktop or any other material. In case of any dispute or complaint as to any unreasonable decision on the part of the Highway Superintendent or his or her designated representative, final determination shall be made by the Town Board.
§ 300-93 Duty of abutting landowners.
A.
The owner or occupant of any lot or parcel of land, fronting or abutting on any street, public highway, lane or alley shall keep the sidewalk and the gutter along the same in front of such lot or parcel of land free from ice, dirt, filth, weeds, papers, leaves, obstructions or encumbrances of every kind, and so as to permit easy, safe and commodious use of such sidewalk and to allow the free passage of water in the gutter. Every such owner or occupant shall, after every fall of snow, cause the same to be removed from such sidewalk so as to provide for a reasonably safe and convenient passage of pedestrians.
B.
Repair and/or replacement.
(1)
The owner or occupant of every lot or parcel, fronting upon any public street or traveled highway, in front of which parcel a sidewalk, curbstone or gutter has been or shall be laid, shall, at all times, maintain or keep such sidewalk, curb or gutter in good repair and so as to be safe, easy and commodious for persons using the highway. Any landowner who desires to replace or repair his or her sidewalk and desires financial assistance from the Town must file an application with the Town Clerk with an estimate of the cost prior to beginning of any work. The Town will fund the project on a first-come, first-served basis, and the Town shall reimburse a portion of the project cost as determined from time to time by the Town Board. Project costs for the concrete material cost only or cost of the replacement slate are subject to this program unless otherwise authorized by the Town Board. The Town reserves the right to accept or reject any applications. Prior to construction, the Highway Superintendent shall inspect the applicant's sidewalk and determine if it is a public sidewalk and if the improvement conforms with the general intention of the sidewalk program. For work performed by a general contractor, an estimate for the total cost, including length of sidewalk in feet, must accompany the application. If the work is performed by a property owner, as estimate for the total cost of materials, including length of sidewalk in feet, must accompany the application. When the work is completed, the property owner must contact the Town Clerk to arrange for the Highway Superintendent to inspect the work.
(2)
All sidewalk repairs or replacement must be at least four feet in width, or conform to the preestablished width for the street, and must conform to the specifications detailed in the Town's Development Regulations, which must be obtained from the Town Clerk.
(3)
If the property owner has slate sidewalks which he or she desires to replace, specifications must be submitted to the Highway Superintendent for his or her approval. If the Highway Superintendent approves the replacement, the property owner may place slate sidewalks in accordance with the Highway Superintendent's specifications.
(4)
If the property is located in the Historic District, then approval must be obtained from the Heritage Preservation Commission when the application is submitted to the Town Clerk.
(5)
This program is subject to funds being available in the budget.
C.
Any filling or regrading of any Town lot which results in an alteration to existing neighborhood drainage patterns to the harm of adjacent landowners, further resulting in the casting of appreciable amounts of stormwater to said adjacent landowner, will be deemed an offense against the provisions of this chapter.
§ 300-94 Prevention of accumulation of snow, ice and water.
The owners of buildings adjacent to public streets and sidewalks shall prevent the accumulation of snow, ice or water thereon, and shall prevent the falling of snow, ice or water from such buildings upon such streets and sidewalks.
§ 300-95 Removal of snow, ice and dirt from sidewalks.
A.
All snow, ice, dirt or other obstruction upon any public sidewalk in the Town of Seneca Falls shall be removed by the owner or occupant of the adjoining land immediately after the same is deposited thereon, except as otherwise provided herein. Upon the failure of the owner or occupant to remove the same, it shall be the duty of the Highway Superintendent to remove the same, and the expense thereof shall be a lien upon the adjoining premises and charged and assessed against the same; and if the same is not paid within 30 days after it shall be due and payable, it shall be certified to the Treasurer of the Town, who shall place the same on the real property tax bill for that year with interest and penalties allowed by law and be collected as other Town taxes are collected.
B.
It shall be the duty of every owner, tenant, occupant, or other person in charge of any premises fronting on any public street or alley to remove all snow and ice from sidewalks before 9:00 a.m. following the time of the deposit.
C.
Immediate removal impractical. When weather conditions make it impractical to remove such snow and ice, the owner, tenant, occupant, or other person having charge of any premises as aforesaid shall, within the aforesaid specified time, cause the sidewalk abutting on such premises to be covered with salt, sand, or some suitable material and shall, as soon thereafter as the weather permits, thoroughly clean the sidewalks.
§ 300-96 Cellarways and trapdoors.
No person, firm or corporation shall construct or use or permit to be constructed or used any cellarway leading from any public street or sidewalk in the Town of Seneca Falls, unless the same shall have trapdoors so constructed as to be on a level with the sidewalk, or with the platform in front of the building where such cellarway is located, so that it will be entirely safe for persons to pass over the same; nor shall such trapdoor or gate in any sidewalk in the Town be kept open, except while being in actual use and then it must be properly guarded to prevent persons from walking or falling into the same.
§ 300-97 Encroachments.
No person, firm or corporation shall erect or cause to be erected any building, steps, fence or other structure or part thereof so as to encroach upon any public street or sidewalk in the Town of Seneca Falls.
§ 300-98 Certain vehicles prohibited.
No person shall drive, draw or in any manner propel by power or otherwise any traction engine, motor or other similar engine having wheels with projecting spikes, crossbars, lugs, bolts or plate, in any manner whatever upon or over any paved street in the Town of Seneca Falls.