[HISTORY: Adopted by the Town Board of the Town of Jerusalem 3-15-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Highway specifications — See Ch. 93.
Streets and sidewalks — See Ch. 140.
The Town Board of the Town of Jerusalem finds that unsupervised installation and repair of driveways on Town roads can cause dangerous and harmful conditions unless adequate provision is made for the carrying off of surface water, for adequate passage of stormwater under the driveway as it crosses the highway ditch, and for adequate sight distance from the driveway to motorists using the highway. This chapter is adopted by the Town Board in order to reduce these problems and thereby enhance the health, welfare and safety of the inhabitants of the Town and all persons using Town roads.
A. 
No person shall build a new driveway from a Town road or replace an existing driveway pipe without submitting a written application to the Town, receiving approval from the Highway Superintendent and paying the applicable fee or fees.
B. 
All new driveway pipes shall be installed by the Town of Jerusalem, except as provided in § 79-6.
C. 
All new and replacement pipes shall be ADS or Hancor smooth bore polyethylene (when possible) or equal as approved by the Town of Jerusalem Highway Superintendent or his designee. All pipes 12 inches to 48 inches shall meet AASHTO M294-97 Type S requirements.
D. 
Direct flow of stormwater from the proposed new driveway onto any Town of Jerusalem road shall not be permitted. Drainage swales or ditches shall be provided at both sides of the proposed driveway and shall provide for positive drainage from the driveway into the existing road ditch within the public right-of-way.
A. 
No application shall be complete without payment of the application fee by the property owner.
B. 
The property owner shall also pay an installation fee prior to the commencement of work by the Town. This fee may be waived when the work is to be performed by a private contractor under § 79-6.
C. 
The amount of all fees shall be prescribed from time to time by resolution of the Town Board.
D. 
The cost of all materials, including replacement pipes and additions to existing driveway pipe systems, shall be paid by the property owner, unless the existing pipe or system is defective or not functioning properly.
A. 
Upon notice of the planned installation of a new driveway or the replacement or extension of an existing driveway pipe on a Town highway, the Highway Superintendent shall meet with the interested property owner for the purpose of providing and explaining to the owner a driveway permit application.
B. 
The driveway permit application will require a sketch or drawing that shows the location of all pipes and gives dimensions to nearby reference points and a detailed description of the method of construction.
C. 
The Highway Superintendent will review existing site conditions and determine the proper diameter and the length and depth of pipe to be installed and whether end sections will be required. The cost of materials and the installation fee will be determined and made part of the driveway permit application given to the property owner.
D. 
The approved application shall constitute a permit for doing the work described in it.
The property owner shall purchase all new driveway pipe and fittings as required by the permit. Upon notice from the property owner that all the materials listed on the permit have been obtained, the Highway Superintendent shall schedule installation work to begin within 15 working days or as soon as the work can reasonable be scheduled. No driveway installation work shall begin prior to receipt of the installation fee.
A. 
In case of a hardship due to scheduling or time constraints, the property owner may hire a private contractor (approved by the Town of Jerusalem Highway Superintendent) to perform the installation.
B. 
All work done by a private contractor shall be at the expense of the owner.
C. 
All private contractors must provide an appropriate insurance certificate naming Town of Jerusalem as an additional insured party before any work is begun.
D. 
No work by a private contractor shall begin until the driveway application fee is paid to the Town of Jerusalem.
E. 
No installation fee shall be required by the Town when the installation is permitted to be done by a private contractor as provided in this section.
F. 
All driveway installation work performed by a private contractor will be subject to a final inspection and acceptance by the Highway Superintendent. The contractor or owner should request a final inspection while the contractor is still on-site. Should the installation not be done in a satisfactory manner, the Highway Superintendent will not approve the installation. The cost of all work required to correct or reinstall the driveway pipe to the satisfaction of the Highway Superintendent shall be paid by the property owner.
A. 
In case a new or replacement driveway pipe is installed by a private contractor or other person after the effective date of this chapter without prior approval and permission of the Highway Superintendent as required by this chapter:
(1) 
The owner shall be required to submit a driveway permit application and pay the appropriate fee to the Town of Jerusalem; and
(2) 
The installation shall be subject to removal and reinstallation at the expense of the owner if found to be unsatisfactory by the Highway Superintendent.
B. 
Any violation of this chapter shall be an offense punishable by a fine not exceeding $250.