Chapter 89: Streets and Sidewalks
§ 89-1. Purpose.
§ 89-2. Definitions.
§ 89-3. General provisions.
§ 89-4. Construction; permits.
§ 89-5. Repair of unsafe sidewalks.
§ 89-6. Use of blacktop.
§ 89-7. Trees planted in public right-of-way.
§ 89-8. Barricades in public right-of-way.
§ 89-9. Street openings.
§ 89-10. Precast brick pavers.
§ 89-11. Inspection of work.
§ 89-12. Snowplowing by private operators.

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 2-25-1991 as L.L. No. 4-1991. Amendments noted where applicable.]

GENERAL REFERENCES

Vehicle and traffic -- See Ch. 103. 

§ 89-1. Purpose.

§ 89-2. Definitions.

ALLEY - A narrow supplementary public thoroughfare for the use of vehicles or pedestrians, affording access to abutting properties.

CUL-DE-SAC - A street which is open at one (1) end only, the closed end containing a paved turning area which has a minimum radius of eighteen (18) feet. [Added 11-14-1994 by L.L. No. 7-1994]

DRIVEWAY - Any entrance or exit used by vehicular traffic to or from lands or buildings abutting a street or alley.

PRECAST BRICK PAVER - A brick with minimal water-absorbing qualities, either regularly or irregularly shaped to create a uniformly paved surface.

PUBLIC RIGHT-OF-WAY - Land dedicated for the construction or maintenance of a public street or alley. For the purpose of this chapter, the area between the curbline or outer pavement edge and the edge of the public sidewalk most distant from the center line of the street shall be the "public right-of-way," and where no curb and/or sidewalk exists, the area within eight (8) feet of the outer pavement edge shall be included within the "public right-of-way," unless a survey of abutting premises shows otherwise.

SIDEWALK - A paved pedestrian way usually located in the public right-of-way.

SNOWPLOW - Any vehicle to which is attached a device to facilitate the removal and/or displacement of snow accumulations from one location to another.

STREET - A public thoroughfare, other than a driveway, designed for vehicular use. 

§ 89-3. General provisions.

B. The owner or occupant of premises fronting on any public street or alley shall be responsible for the removal of all snow and ice which may have accumulated on the public sidewalk fronting said premises. If the accumulated snow or ice is frozen so hard that it cannot be removed without material difficulty, the owner or occupant shall cause the sidewalk to be strewn with a substance designed to facilitate safe pedestrian passage.

C. No person shall brush, sweep, shovel, plow or heap any accumulation of refuse or any other material into a public street or alley.

D. No person shall plow, sweep, shovel, heap or otherwise deposit snow onto any public street or alley from any private driveway or approach or any off-street parking area or cause accumulations of snow on one (1) property to be deposited upon the public right-of-way in front of any adjoining property without consent of the owner or occupant or, under any circumstance, cause snow to be deposited onto or against property on the opposite side of the street.

E. Plowing of snow shall be in such a manner as to protect free access to any fire hydrant and to keep the same free and clear of any snow accumulation.

F. No vault, hatchway or chute under or through a public street or sidewalk shall be constructed without having first obtained the consent of the Board of Trustees.

G. No person shall obstruct or interfere with the use of any public sidewalk, street or alley without having first obtained a permit from the Mayor, unless under the direction or supervision of a police officer or fire official.

H. No person shall conduct any exhibition, theatrical or public performance or operate a vending stand, lunch counter or stand for the sale of food or drinks or place goods, wares or merchandise for sale on a public sidewalk or street without having first obtained a permit from the Mayor.

I. No person, except for a child under twelve (12) years of age or a handicapped individual, shall operate a motorcycle, bicycle, all-terrain vehicle or any other motorized vehicle on a public sidewalk.

J. No person shall conduct a foot-race on a public sidewalk, street or alley without having first obtained a permit from the Mayor.  

§ 89-4.Construction; permits.

B. No public sidewalk shall be constructed in any public right.of-way by an abutting property owner except pursuant to specifications established by resolution of the Board of Trustees. An abutting property owner who constructs a sidewalk in the public right-of-way shall be responsible for the cost thereof, except that such sidewalk may be constructed wholly at the expense of the owner of the abutting property or partly at the expense of the village and partly at the expense of the owner of the abutting property. Allocation of costs for such sidewalk construction shall be consistent with § 6-620 of the Village Law. [Amended 8-22-1994 by L.L. No. 4-1994]

C. Upon failure of an abutting property owner to pay the charge for sidewalk construction, the Board of Trustees may direct that such unpaid charges be added to the next village tax assessed against the property.

D. Permits.

(1) No person shall construct, reconstruct, repair or grade a sidewalk, street or alley nor shall any curb be altered, built or rebuilt, constructed or reconstructed on any village street or public right-of-way without having first obtained a written permit issued by the Building Department. The permit shall specify the slope, grade, width and location of any sidewalk and the type, method of construction, location and grade of any curbing.
 
(2) No street or alley not previously dedicated and accepted for public use, designed to connect or intersect with an existing public street or alley, shall be constructed within the village limits unless the owner of the premises upon which the construction is proposed has first made application, in writing, to the Village Clerk. The permit shall require approval by the of Trustees.
 
(3) The permit for such construction may be granted by the Board of Trustees only after a public hearing. Necessary surveys, plans and specifications detailing in full the proposed intersection of connection shall be filed with the Village Clerk at least thirty (30) days prior to the date scheduled for the public hearing. The Planning/Architectural Review Board and Safety Committee shall review the proposal and make written recommendations to the Board of Trustees prior to the public hearing.

(4) No driveway or private street designed to connect to a public street from property for commercial (C) or multiple-family (R-3M) use or from property subdivided to provide for more than three (3) single-family or family dwellings shall be constructed within the village unless the owner has first made application, in writing, to the Village Clerk for a permit. The permit shall require approval by the Beard of Trustees. Before such permit may be granted, all procedures required under Subsection D(3) of this section shall also be complied with.

§ 89-5. Repair of unsafe sided

B. The Superintendent of Public Works shall be charged with the duty of regular inspection of all public sidewalks in the village. A sidewalk shall be deemed unsafe when the same is broken, cracked, lifted, spalled or scaled to such an extent as to pose a hazard to pedestrian traffic.

C. The village shall undertake, at its own expense, the repair or reconstruction of any sidewalk declared to be defective or unsafe as a result of a tree planted or growing within the public right-of-way.

D. The village will assume any cost exceeding that of the first one hundred (100) linear feet of public sidewalk replaced. This provision shall be effective only when the owner of a comercial lot is directed to repair or reconstruct both the side and front walks at the same time.

E. A person constructing, reconstructing or repairing any public sidewalk shall be obliged to provide barricades and, during the hours of darkness, appropriate lighting around any excavation or other area of potential resulting from such word

F. In the case of neglect or refusal of any owner to comply with the provisions of this section, it shall be the duty of the Superintendent of Public Works to see that the provisions of this section are enforced and to employ men to do the work and report the cost of the same to the Village Clerk. The owner shall be notified of the charges by mail, and upon failure to pay, the charges shall be placed on the following year's tax roll.

§ 89-6. Use of blacktop.

§ 89-7. Trees planted in public right-of-way.

B. No shrub, fence, sign or other obstruction to visibility more than three (3) feet in height above finished grade level shall be permitted within fifteen (15) feet of any street or alley.

C. No wire, guy wire, insulator or other device for the holding of wires or any sign, placard or other matter shall be attached to a living tree in the public right-of-way without prior written permission from the Board of Trustees.

§ 89-8. Barricades in public right-of-way.

§ 89-9. Street openings.

B. Any street opening shall thereafter be carefully backfilled with bank-run gravel or crushed stone and well compacted. The surface of the street shall be restored by the village after the opening has been filled in and thereafter, if necessary, after any settlement, following the succeeding winter, but not longer than one (1) year after the first surfacing has been completed.

C. A utility shall file a notice of intent with the Village Clerk prior to opening the surface of any street. In case of emergency, such notice need not be filed before opening the street surface but shall be filed thereafter, as soon as practicable. In no case shall the filing of notice be made more than forty-eight (48) hours from the time of making the street opening. The actual restoring of the street surface shall be borne by the utility making the opening. 

§ 89-10. Precast brick pavers.

B. No precast brick paver shall be installed without first securing a permit to be issued by the Building Department. The installation shall be in accordance with specifications and regulations as established by resolution of the Board of Trustees.

C. Permit applications shall be made to the Building Department and shall be accompanied by the following:

(1) A scaled drawing of the affected area, indicating the proposed location of the pavers and any water and utility valves, manholes or any other surface fixture.

(2) Written proof that all utilities located in the public right-of-way have been notified.

(3) The manufacturer's brochure, including the color, sin and shape of the pavers.

(4) The manufacturer's recommended procedures for the installation of the pavers.

(5) A drawing indicating the finished laid pattern of the pavers.

(6) The payment of a required fee, as established by resolution of the Board of Trustees.

§ 89-11. Inspection of work.

§ 89-12. Snowplowing by private operators.

A. A permit for a private snowplow shall be issued upon application, in writing, to the Village Clerk. A completed application shall include the name and address of the snowplow owner, the identification number and current registration number of the snowplowing vehicle and a current certificate of insurance for the vehicle.

B. A fee, as established by resolution of the Board of shall be charged and collected for each vehicle for which permit is issued.

C. A permit issued hereunder shall be valid for a period of one year from June 1 to May 31 and shall be valid for one vehicle only and shall not be transferred to another vehicle.

D. Any permit issued hereunder shall be revoked if the Superintendent of Public Works determines, upon inspection, that a private snowplow operator is in violation of § 89-3D or E herein. 

A picture of 5583 Main St Village Hall pictured in 1949 was originally built with limestone mined from the Young's limestone quarry which occupied what is now The Country Club of Buffalo. click here to see a bigger picture.

A picture of Main St looking West taken in 1950. The Ronecker building on the right is now home to Marty's formal wear. Picture courtesy of Dan Crapsi. click here to see a bigger picture.