[HISTORY: Adopted by the Town Board of the
Town of Deerpark as indicated in article histories. Amendments noted
where applicable.]
[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[1]]
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.[2]
[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:
A.
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.
B.
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.
C.
No more than two driveways to a single commercial establishment entering
on one highway shall be permitted.
D.
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.
E.
The angle of the driveway with respect to the pavement shall not
be less than 45°.
F.
No driveway shall be permitted within 50 feet of any public highway
intersection.
G.
No driveway will be permitted where sight distance is less than 100
feet in each direction.
H.
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.
I.
All driveways must be inspected by the Superintendent of Highways
prior to being paved.
J.
A fully dimensioned plan of the proposed driveway must be attached
to each application for a permit required hereunder.
K.
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.
L.
All driveways must be inspected by Superintendent of Highways prior
to any bonds being released.
M.
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[1]]
[1]
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
