[HISTORY: Adopted by the Town Board of the Town of Goshen 2-27-2014 by L.L. No.
1-2014. Amendments noted where applicable.]
Permits are required for the erection, installation, construction,
or placement of all pillars, gates, mailboxes, and similar materials
and structures within 10 feet of the edge of the pavement from a town,
county, or state road, or a used driveway within the Town of Goshen.
A.
Application for a permit under this article shall be made to the
Building Inspector in writing, in duplicate, for each such operation
and shall contain the following information:
(1)
Full name and address of the applicant.
(2)
Full name and address of the owner or owners of the property in front
of which the operation is to be performed.
(3)
Full name and address of the owner or owners of the property for
whom the operation is to be performed.
(4)
The location by street address, if any, of the property in front
of which the operation is to be performed and the Tax Map designation
of the same.
(5)
A statement as to the proposed operation, including size and purpose
thereof.
(6)
The date or dates when the proposed operation is to be commenced
and the date or dates when the operation is to be completed.
(7)
Any additional information which may be reasonably required by the
Building Inspector.
(8)
A signed statement by the applicant that said applicant agrees to
perform the proposed operation for which the permit may be granted
in full and strict compliance and in accordance with the conditions
of the permit, if issued, and any and all provisions of the Town Law
and other applicable statutes and laws and ordinances of the Town
of Goshen and the rules and regulations of the Highway Department
of the Town of Goshen.
B.
Upon receipt of the application as a provided for in Subsection A hereof, the Building Inspector shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of Goshen. Such permit, when issued, shall be effective for such a period of time, not to exceed 30 days, as shall be a specific thereon by the Building Inspector. Such specified period of time may be extended, if requested in writing by the permittee prior to the expiration of the permit, for such additional period or periods of time as may be authorized by said Building Inspector.
All work requiring a permit under this Code shall comply with
the following standards.
A.
When all structural material used to secure the construction to the
ground is less than a four-inch-by-four-inch wood post, it may be
anchored to the ground no less than two feet from the edge of pavement.
(1)
When it is located within 10 feet of the edge of the roadway pavement,
it shall be located outside of the required radius for the turning
of emergency vehicles.
(2)
When the obstruction is located greater than 10 feet from the edge
of the road pavement, the distance of these obstructions along the
driveway shall be six feet from the center line of the driveway for
all buildings and facilities within 150 feet of the edge of the road
pavement.
(3)
When the obstruction is located greater than 10 feet from the edge
of the road pavement, the distance of these obstructions along the
driveway shall be 10 feet or greater from the center line of the driveway
for all buildings and facilities 150 feet or greater of the edge of
the road pavement.
B.
When the structural material used in the construction of the pillar,
mailbox, etc., is more structurally substantial, it must be located
at or greater than 10 feet from the edge of the road pavement.
C.
All emergency access driveways and roads must maintain a minimum
unobstructed vertical clearance of not less than 13 feet six inches.
Upon notification by the permittee of the completion of the
proposed driveway, the Building Inspector shall inspect said driveway
to determine that its completion is in accordance with the permit.
When the Building Inspector is satisfied that the conditions of such
permit have been met, he shall issue a certificate of compliance.
There shall be no use of such driveway for any purpose other than
the construction of same until such certificate of compliance has
been issued.
In order to have a permit issued, the applicant shall pay the
Town Clerk, by certified check, cash or money order, the following:
A.
Fees to cover the cost of issuing the permit, supervision and inspection
of the operation done in connection therewith; said fees to be in
that amount as set forth in the Town of Goshen's Fee/Deposit
list filed in the Office of the Town Clerk, which Fee/Deposit list
may from time to time be modified pursuant to resolution of the Town
Board.
(1)
Said deposit shall be retained by the Town of Goshen until a certificate
of compliance shall have been issued by the Building Inspector.
(2)
Upon failure or default by the permittee of or in any terms, agreements,
covenants, including the use of a proper culvert, and conditions of
the permit on the permittee's part to be done, performed or completed,
said deposit may be used by the Town for the Town by reason of such
failure or default on the part of the permittee; and any balance left
after the expense caused by such default failure, as determined and
certified by the Building Inspector, has been paid and deducted from
the amount of the deposit, shall be refunded to the permittee.
(3)
The completion of all conditions set forth on any permit shall be
condition precedent to the issuance of the pertinent certificate of
occupancy.
A.
Notwithstanding any other provisions of this chapter, any person
who commits an offense or causes or participates in any offense against
the provisions of this chapter shall, upon conviction thereof, be
guilty of a violation pursuant to the Penal Law of the State of New
York, punishable by a fine not exceeding $250 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment.
B.
Whenever any person shall have been notified in writing by the Building Inspector that he is committing an offense against the provisions of this chapter or of any permit or extension thereof issued hereunder or is served with a summons or warrant accusing him thereof, each day that he shall continue such offense after such notification or service shall constitute a separate violation, punishable by a fine or penalty as provided in Subsection A above.
C.
Notwithstanding the penalties herein provided, the Town Board may
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any provisions of this chapter.
D.
The foregoing provisions for the enforcement of the regulations in
this chapter are not exclusive but are in addition to any and all
other laws applicable thereto.
