Town of Amherst
Erie County, New York

Resolution
RES-2009-1065

Set Public Hearing for Local Law with Respect to Sidewalk Installations

Information

Department:CouncilmembersSponsors:
Category:Resolution

Financial Impact

to be determined

Body

Please schedule a public hearing on December 21, 2009 at 7:00 p.m. on the proposed Local Law as follows:             

 

 

LOCAL LAW NO. _______-2009

 

TOWN OF AMHERST

COUNTY OF ERIE, STATE OF NEW YORK

 

A Local Law With Respect To Sidewalk Installations

 

Be it enacted by the Town Board of the Town of Amherst as follows:

 

Section 1. Title

 

              This Local Law shall be referred to as, “A Local Law With Respect To Sidewalk Installations.”

 

Section 2.

 

              Chapter 83, Part IX of the Code of the Town of Amherst is hereby amended by adding thereto a new Section 1-3 to read as follows:

 

 

 

 

                            Section 1-3

The owner or occupant of a residential lot or parcel that has been ordered by the Town Board to install sidewalks which are twenty-five (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 Buildings 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.

 

 

                            Section 1-3.1

The failure of the owner or occupant to take action as set fourth in subsection A or B of Section 1-3, will result in the Town enforcing New York State Town Law §200-a.

 

                            Section 1-3.2

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 premise where a certificate of occupancy has not yet been issued or if issued a sidewalk installation waiver had previously been granted.

 

                            Section 1-3.3

This Local Law 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  To the extent this Local Law is inconsistent, New York State Town Law §200-a is hereby superseded.

 

Section 3. Effective Date

 

              This Local Law shall take effect immediately and shall be filed in the Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law and published pursuant to Section 130 of the Town Law and Chapter 28 of the Code of the Town of Amherst.

 

Deborah Bruch Bucki

Town Clerk

Town of Amherst

Erie County, New York

 

 

Councilmember Marlette requested that the Public Hearing be held on December 7th.  The motion was seconded by Deputy Supervisor Manna and unanimously approved.

 

 

                                         

 

Meeting History

Nov 16, 2009 7:00 PM  Town Board Regular Meeting of the Town Board
RESULT:ADOPTED [UNANIMOUS]
MOVER:Guy R. Marlette, Councilmember
SECONDER:Mark A. Manna, Deputy Supervisor
AYES:Satish B. Mohan, Mark A. Manna, Daniel J. Ward, Shelly Schratz, Guy R. Marlette, Barry A. Weinstein

Discussion