[Amended 4-24-2008 by L.L. No. 2-2008]
No curb cut, road opening or driveway entrance
or exit and no alterations, change, relocation or reconstruction of
an existing driveway entrance or exit, road opening or curb cut, subsequently
herein referred to as an "operation," shall be constructed by owners
and occupants of property abutting on Town highways for any purpose
whatsoever until a written permit thereof has been duly issued as
herein provided and in accordance with the procedures otherwise set
forth in this article.
A.
Application for a permit under this article shall
be made to the Superintendent of Highways 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)
A sketch of the proposed operation, including a profile
from the crown of the road to the property line and including the
site distance in both directions.
(8)
The location, if any, of any tiles or drainage systems,
water mains or other public utility conduits, etc., which may be within
the area of the proposed operation.
(9)
The proposed location of the entry of said driveway
onto the Town highway.
(10)
Any additional information which may be reasonably
required by the Superintendent of Highways.
(11)
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 provided for in Subsection A hereof, the Superintendent of Highways 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 specified thereon by the Superintendent of Highways. 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 Superintendent of Highways.
Said permit, when issued, shall contain the
following conditions to be complied with by the permittee:
A.
The proposed driveway, road opening or curb cut, at
the point of entrance on the Town highway, shall have the optimum
of sight distances, both vertical and horizontal.
[Amended 4-24-2008 by L.L. No. 2-2008]
B.
The grade, width and drainage of said proposed driveway,
road opening, curb cut shall minimize any possible damage or injury
to the Town highway and shall be such as to provide the maximum safety
for all traffic on the Town highway in the area of the entrance of
said proposed driveway, road opening or curb cut on said Town highway.
[Amended 4-24-2008 by L.L. No. 2-2008]
C.
All driveways over 1,000 feet in length from a state,
county, or municipal highway shall be marked with appropriate markings
approved by the Highway Department to facilitate the fighting of fires
and provision of emergency services.
[Added 3-21-2005 by L.L. No. 4-2005[1]]
D.
Any additional requirements which may be imposed by
the Superintendent of Highways for the preservation of the Town highway
at the point of entrance of the proposed driveway, road opening or
curb cut onto the Town highway and for minimizing hazards and dangers
to the traffic on said public highway.
[Amended 4-24-2008 by L.L. No. 2-2008]
Upon notification by the permittee of the completion
of the proposed driveway, the Superintendent of Highways shall inspect
said driveway to determine that its completion is in accordance with
the permit. When the Superintendent of Highways 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. No certificate of occupancy shall be issued by the
Building Inspector of the Town of Goshen, or his duly appointed agent,
until a certificate of compliance has been issued.
[Amended 4-24-2008 by L.L. No. 2-2008]
In order to have a permit issued, the applicant
shall pay to 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 filled 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.
B.
Deposits to the Town Clerk to secure the proper excavation
and restoration of the pertinent excavated areas 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 Superintendent
of Highways.
(2)
Upon failure or default by the permittee of or in
any of the 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
or failure, as determined and certified by the Superintendent of Highways,
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 a condition precedent to the issuance of the pertinent
certificate of occupancy.
