[HISTORY: Adopted by the Town Board of the Town of Deerpark as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Required Forms for Construction of Driveway: Application Attachment 2 - Required Forms for Construction of Driveway: Construction Permit Attachment 3 - Required Forms for Construction of Driveway: Construction Specifications and Performance Bond
Notification of defects — See Ch. 167.
Parking — See Ch. 171.
Skateboarding on streets and sidewalks — See Ch. 188.
Snowmobiles and all-terrain vehicles — See Ch. 190.
Street specifications — See Ch. A234.
[Adopted 3-18-1996 by L.L. No. 2-1996]
No person, firm or corporation shall after the effective date of this article cut, construct or locate any driveway entrance or exit into a highway of the Town of Deerpark without having first received a permit to do so from the Superintendent of Highways of the Town.
Any person, firm or corporation desiring to make, construct or locate a driveway entrance or exit into a Town highway of the Town of Deerpark shall make an application for a permit to do so to the Superintendent of Highways of the Town. In addition to the general standard driveway entrance and exit crossing requirements set forth herein below the Superintendent of Highways of the Town of Deerpark may impose any special requirements or make modifications which the particular situation at the location where such driveway is sought to be located requires in his judgment under the circumstances.
[Added 5-19-2008 by L.L. No. 8-2008]
The annexed standard application form permit form and notice regarding construction specifications and the need for a performance bond in the amount of $1,200 are hereby approved and adopted by the Town Board of the Town of Deerpark as the required forms to be used in the driveway permitting process.
[Amended 3-24-2008 by L.L. No. 3-2008; 5-19-2008 by L.L. No. 8-2008; 4-16-2018 by L.L. No. 6-2018]
The standard driveway entrance and exit crossing requirements shall be as follows:
The applicant shall furnish all materials and bear all costs of construction within the Town highway right-of-way, and pay the cost of all work done and materials furnished as required to meet the conditions of any permit issued by the Superintendent of Highways.
No alterations or additions shall be made to any driveway heretofore or hereafter constructed, nor shall any driveway be relocated without first securing a new permit from the Superintendent of Highways.
No more than two driveways to a single commercial establishment entering on one highway shall be permitted.
The maximum width for a single combined entrance or exit shall be not more than 50 feet for commercial use and not more than 25 feet for residential use. The maximum width for each residential driveway when two or more are permitted (shared driveway) shall not be more than 35 feet. No driveway shall be of a width less than 16 feet.
The angle of the driveway with respect to the pavement shall not be less than 45°.
No driveway shall be permitted within 50 feet of any public highway intersection.
No driveway will be permitted where sight distance is less than 100 feet in each direction.
Each driveway constructed shall be constructed so as to have the first 24 feet of said driveway connecting with the edge of the pavement of the existing Town road paved. Said twenty-four-foot-long paved area shall also be at least 16 feet wide so that the total paved area where the new driveway meets the edge of the pavement on the existing Town road shall be a minimum of 24 feet long and 16 feet wide. Said paved area must be constructed with a 2% negative grade unless other engineering, satisfactory to the Highway Superintendent, is provided to prevent water flow onto the Town road and to ensure the safety of the property owner and users of the Town road. The Superintendent of Highways shall determine, in his own discretion, if the paved area shall be blacktopped or chipped.
All driveways must be inspected by the Superintendent of Highways prior to being paved.
A fully dimensioned plan of the proposed driveway must be attached to each application for a permit required hereunder.
Any culvert pipe required to be installed at such driveway entrance or exit shall be plastic pipe, no smaller than 12 inches in diameter and no shorter than 30 feet in length.
All driveways must be inspected by Superintendent of Highways prior to any bonds being released.
Applicants must fill in the tax parcel section, block and lot number at the top right of the application form.
Any person, firm, or corporation who violates the provisions of this article shall be guilty of a misdemeanor, punishable by a fine and imprisonment. In addition to the above provided penalty and punishment for violations of this article, 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, to restrain by injunction any violation of this article.
[Adopted 11-5-2001 by L.L. No. 6-2001]
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
The Town Board and Superintendent of Highways wish to establish a procedure whereby third parties seeking to dig in Town roads, streets and highways for the purposes of installing or maintaining water, sewer, fuel, electrical, telephone, and related lines may be authorized and regulated by the Town of Deerpark, its officers, and agents.
As used in this article, the following terms shall have the meanings indicated:
- All or any part of any road, street, highway, or right-of-way owned, maintained, or controlled by the Town of Deerpark, Orange County, New York.
No person or entity shall dig or excavate a ditch, trench, or hole in or under any highway or cause to be dug or excavated a ditch, trench, or hole in any highway or cause to be erected thereon any object, structure, or item, without having first applied for and received a written permit from the Superintendent of Highways of the Town of Deerpark. No person shall remove from or deposit on any highway any material without having first obtained a written permit from the Superintendent of Highways of the Town of Deerpark.
No permit shall be issued by the Superintendent of Highways of the Town of Deerpark for any of the aforementioned work unless the person or entity to whom the permit is to be issued shall secure and deliver to the Town a policy of liability insurance for bodily injury and property damage in an amount equal to $1,000,000 on each occurrence; unless such person or entity deposits cash or a certified check or a performance bond with the Town Clerk of the Town of Deerpark in such amount as the Superintendent of Highways of the Town of Deerpark may consider necessary to cover the probable expense to the Town for repair or closure of the excavation of the highway site.
Any of the work to be done pursuant to the permit, as issued, shall include the restoration of the highway site at a time period set forth in the permit with materials equivalent to those removed or disturbed, and shall be kept and maintained level with the unexcavated portion thereof for a period of two years from the date of restoration, so that said excavated portion shall be left in as good substantial and permanent condition as before the excavation: and if not so restored and maintained the work shall be done by or under the direction of the Superintendent of Highways of the Town of Deerpark, and the cost thereof shall be a lawful charge against the person or entity to whom the permit was issued. The cash bond, hereinbefore described, shall be used to pay for the cost of said restoration work. Accordingly, said cash bond, certified check, or performance bond shall be held by the Town of Deerpark for a period of two years from the completion of the restoration work at the highway site. Said bond may be released prior to two years upon recommendation of the Superintendent of Highways and vote of the Town Board.
No person or entity making or having made any such excavation in or upon any highway shall permit such excavation location or site to remain open or uncovered, either by day or by night without having or causing the same to be properly secured or guarded by day and night, and in addition thereto, shall place in such location flares, red lanterns, or other appropriate and necessary warning devices by night so as to properly warn persons of the dangers of such excavation.
The person or entity to whom a permit is issued pursuant to this article shall be responsible for all damages caused to public utilities in the highway and shall come under the supervision of the Superintendent of Highways of the Town of Deerpark, replace any cracked or damaged piping, wiring, and shall repair or replace damaged ditches, trenches, curbs, sidewalks, or any other improvements whatsoever so that they shall be in good condition after the excavation as before said excavation.
No permit, liability insurance, or bond shall be required in the following instances:
Where the Superintendent of Highways of the Town of Deerpark, in his discretion, determines that the work to be done by a third-party person or entity shall not affect the road surface or any surface within the Town right-of-way in a manner which would require new and/or substantial materials to be used to restore and replace the area of the digging or excavation.
The installation of posts to hold mail boxes on the grass plot adjoining the used or paved portion of any highway, provided they are set back at least three feet from the edge of the used or paved portion thereof.
For the planting of shade trees, shrubs, and the like in any grass plot adjoining the paved or used portion of any highway providing they are properly set back from the used or paved portion thereof so as not to obstruct a corner view or endanger the users of such highway.
For the performance of any public work by employees, contractors, or agents of the Town or any district within the Town or pursuant to a contract or other agreement entered into with the Town Board acting as or on behalf of any lawfully created district in said Town.
For the construction of line fences where half thereof is situated upon the premises of the owner and half thereof upon the highway, provided that the total width thereof does not exceed six inches.
Any person or entity who by himself, herself or itself, or by its agent, employee, or servant shall violate any of the provisions of this article shall, upon conviction, be determined to have committed an offense or violation of this article and shall be punished by a fine of not exceeding $250, and each day on which said violation continues shall constitute a separate offense or violation.
Any person violating this article shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $250 for each offense. The penalty shall be collectable by and in the name of the Town for each day that such violation shall continue.
In addition to the above-provided penalties and punishments, 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 of the violation of this article.