[HISTORY: Adopted by the Town Board of the Town of Jerusalem 3-15-2006
by L.L. No. 1-2006. Amendments noted where applicable.]
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:
B.
Any violation of this chapter shall be an offense punishable
by a fine not exceeding $250.
