Town of Amherst
Erie County, New York

Resolution
RES-2010-890

Public Hearing- Sidewalk Waivers

Information

Department:Town ClerkSponsors:
Category:Miscellaneous

Body

LOCAL LAW NO. ___-2010

 

TOWN OF AMHERST

COUNTY OF ERIE, STATE OF NEW YORK

 

 

 

A Local Law Amending Chapter 83, Part IX Of The Code Of The Town Of Amherst regarding sidewalk waiver requests.

 

 

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, “Sidewalk Wavier Requests”.

 

 

Section 2.

 

Section 1-1 of Part IX of Chapter 83 of the Code of the Town of Amherst is amended by making changes thereto as follows:

 

 

Sidewalks shall be required along the entire street frontage of a lot or parcel that abuts an arterial or collector street when the lot or parcel is developed and along the entire frontage of such other lots or parcels as the Planning or Town Boards shall direct.  Walks along town streets shall be located in accord with §3-2-4 of the Town Subdivision Regulations .If the highway is a state or county highway, the walks shall be located in accord with the work permit issued therefore. The Planning Board, as a part of the site plan or subdivision approval, or the Town Board may waive the requirement for a street walk sidewalk on a given parcel or development.

 

Sidewalks are not required on the following segments of rural character arterials or collector streets: Campbell Boulevard (west side from Burgundy Terrace to Tonawanda Creek  and on the east side from North Rockingham Way to Tonawanda Creek); Hopkins Road (Millersport Highway to Tonawanda Creek Road); Millersport Highway (New Road to Transit Road); New Road (Millersport Highway to Tonawanda Creek); North Ellicott Creek Road, Schoelles Road; South Ellicott Creek Road (north side and  the south side from Denrose Drive to Kaymar Drive); Sweet Home Rd (Christine Drive/Sweethaven Court to Tonawanda Creek Road); Tonawanda Creek Road (Sweet Home Road to Transit Road); Youngs Road (west side from Turnberry Court to Maple Road and east side from The Common to Maple Road).

 

The Planning Board, as part of site plan or subdivision approval, or the Town Board may require the installation of sidewalks on a given parcel or development.

 

 

Section 3.

 

Section 1-2 of Part IX of Chapter 83 of the Code of the Town of Amherst is amended by making changes thereto as follows:

 

1-2

Sidewalks need not be installed on new sub local collector and local streets unless required by the Planning Board, as a part of an approved site plan or subdivision, or by the Town Board, in which event they shall be located in accord with §3-2-4 of the Town Subdivision Regulations.

 

1-2.1

Sidewalks shall be installed at the time of development along the entire street frontage of any lot or parcel abutting a sub- local collector or local street existing on the effective date of this local law, unless waived by resolution of the Planning Board as a part of the approved site plan, subdivision, or by the Town Board.

 

1-2.2

The determination of whether a particular street is a local street, sub local collector, collector, or    arterial, subcollector or local street shall be made by the Planning Board either as a part of the site plan or subdivision review, or as a separate determination.

 

 

Section 4.

 

A new Section 1-4 of Part IX of Chapter 83 of the Code of the Town of Amherst is hereby added as follows:

 

1-4

"Site plan," as used in this local law, shall mean the document and/or procedure as defined in the Zoning Ordinance. “Subdivision” as used in this local law shall mean the document and/or procedure as defined in the Town Subdivision Regulations.

 

 

 

Section 5. Effective Date

 

              This Local Law shall take effect immediately and 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.

 

 

Strikeout shall mean words deleted.

Underline shall mean words added.

 

September 7, 2010

 

Supervisor Weinstein made a motion to open the public hearing, seconded by Deputy Supervisor Marlette, unanimously approved 6-0, the public hearing was opened at 7:14 PM.

 

Eric Gillert presented, indicating that the areas listed were all in the rural part of the Town of Amherst.

 

Jim Tricoli wondered why the amendment was necessary.

 

Eric Gillert responded that this amendment would alleviate the need for residents in these areas to apply for a sidewalk waiver.

 

There being no additional speakers, Supervisor Weinstein moved to close the public hearing, seconded by Councilmember Anderson, unanimously approved 6-0.  The public hearing was closed at 7:19 PM.

 

Meeting History

Sep 7, 2010 7:00 PM  Town Board Regular Meeting of the Town Board
RESULT:ADOPTED [UNANIMOUS]
MOVER:Barry A. Weinstein, Supervisor
SECONDER:Mark A. Manna, Councilmember
AYES:Barry A. Weinstein, Guy R. Marlette, Mark A. Manna, Richard "Jay" Anderson, Barbara S. Nuchereno, Steven D. Sanders

Discussion