[Adopted 8-4-1988 by L.L. No. 3-1988]
This article shall be known and may be cited as the "Town of Forestburgh Driveway Law."
The Town Board of the Town of Forestburgh finds that the unregulated construction of driveways for use by vehicles entering upon and exiting from Town highways presents a hazard to the public health, safety, general welfare and to property and interferes with maintenance of Town highways by the Town of Forestburgh Highway Department. The purpose of this article is to prevent unregulated construction and reconstruction of driveways, require permits to ensure that such driveways shall meet certain minimum standards and thereby promote the public health, safety and general welfare.
As used in this article, the following terms shall have the meanings indicated:
DRIVEWAY
Any drive, course or path, whether or not improved, by which a motor vehicle, as defined in the Vehicle and Traffic Law of the State of New York, shall have access to or from a Town highway and adjacent property.
SUPERINTENDENT
The Superintendent of Highways of the Town of Forestburgh.
A. 
No person, firm or corporation shall commence the construction or reconstruction of a driveway, or cause the same to be done, or use a driveway constructed after the effective date of this article without first obtaining a permit for each such driveway from the Superintendent.
B. 
Application for the driveway permit shall be made to the Superintendent on forms prepared by him and shall contain the following information:
(1) 
The name, address and telephone number of the applicant, the owner of the property upon which the driveway is being constructed and the contractor, if any.
(2) 
The name and/or number of the Town highway and the exact location of the proposed driveway.
(3) 
If the property is part of a subdivision, the name of the subdivision and date of approval thereof by the Planning Board of the Town of Forestburgh.
(4) 
A detailed map, plan or sketch of the proposed driveway, including a description of the method of construction.
(5) 
Such other information as may be reasonably required by the Superintendent to establish compliance with the provisions of this article.
A. 
The Superintendent shall examine all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time. No application shall be deemed filed until such time as all of the information required by this article has been furnished to the Superintendent, together with payment of the applicable fee as hereinafter established.
B. 
Upon approval of the application and receipt of the fee herein provided, the Superintendent shall issue a driveway construction permit containing the following conditions and restrictions:
(1) 
The permit shall not be assigned or transferred without the written consent of the Superintendent.
(2) 
The Superintendent shall be given notice of one week by the applicant of the date work authorized by the permit is intended to begin and prompt notice of its completion.
(3) 
Work under the permit is to be commenced within 30 days from the date of the permit and shall continue in an expeditious manner.
(4) 
All work shall be conducted under such conditions, regulations and supervision as may be prescribed by the Superintendent.
(5) 
The applicant shall be responsible for all damages resulting in bodily injury, including death, and/or property damage due to the activities of the applicant or his agents.
(6) 
All surplus earth, rubbish and other materials shall be removed upon completion of the work and the Town highway left in a neat and orderly condition.
(7) 
Traffic shall be maintained by the applicant while the work is in progress and until its final completion.
(8) 
Any injury or disturbance to the paved portion of the highway, its shoulders or drainage ditches which may occur by reason of the construction shall be repaired by and at the expense of the applicant and to the satisfaction of the Superintendent.
(9) 
The applicant is to keep in good repair all pipes and other miscellaneous structures which may be placed within the bounds of the highway under the terms of the permit and will make all repairs necessary thereto upon notice by the Superintendent.
(10) 
The Superintendent may, upon failure of the applicant to comply with any of the conditions contained in the permit, revoke the same and remove any pipes and other miscellaneous structures which may have been placed in the highway pursuant to the permit.
(11) 
All driveway culvert pipes installed within highway ditches shall be constructed from no less than sixteen-gauge galvanized or tarred corrugated steel, or smooth bore polyethylene or one-quarter-inch thick steel pipe and shall be a minimum of 21 feet in length, and a minimum of 12 inches in diameter, unless otherwise specified by the Superintendent.
[Amended 6-6-1996 by L.L. No. 1-1996]
(12) 
All driveways must intersect Town highways at a ninety-degree angle unless otherwise specified by the Superintendent.
(13) 
Such further special conditions as the Superintendent may reasonably deem necessary may be required.
C. 
Upon completion of construction, the applicant shall notify the Superintendent. The Superintendent shall thereafter inspect the driveway and, if it has been constructed in compliance with the provisions of this article, issue a final permit.
Every application for a driveway permit shall be accompanied by a fee, the amount of which shall be fixed from time to time by resolution of the Town Board.
A. 
Any person, firm or corporation who shall fail to comply with any provision of this article shall, upon conviction, 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 a term not exceeding 15 days, or both.
B. 
For every violation of any provision of this article, the person, firm or corporation violating the same shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $250. Such penalty shall be collectible by and in the name of the Town.
C. 
Each day of continued violation after notice thereof shall constitute a separate violation.
D. 
In addition to the above-provided penalties, the Town Board may also 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 part of this article.
A. 
In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for promotion of the public health, safety and general welfare.
B. 
Conflict with public and private provisions.
(1) 
Public provisions. This article is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(2) 
Private provisions. This article is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this article are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this article shall govern. Where the provisions of the easement, covenant or private agreement or restrictions impose duties and obligations more restrictive or impose higher standards than the requirements of this article, and such private provisions are not inconsistent with this article or determinations hereunder, then such private provisions shall be operative and supplemental to this article and the determinations made hereunder.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)
In the interest of the public safety to maintain sight distances, it is prohibited to plant any new tree, shrub, bush or fence or other obstructions planted or erected within 15 feet of a Town road.