[HISTORY: Adopted by the Town Board of the Town of Schodack at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Driveway Opening Ordinance" of the Town of Schodack.
The purpose of this chapter is to set certain standards for the design and location of driveways in order to promote the safety, public health, convenience and general welfare of the town, lessening of soil erosion, improvement of emergency vehicle access and preservation of road edges.
No temporary or permanent driveway or other entrance or exit may be constructed in the town along a town road for a residential or other use not requiring site plan approval unless the owner first obtains a driveway permit from the town to be issued by the Building Department.
The applicant shall pay the town a fee of $25.
To be deemed complete, all applications shall be accompanied by a legible plot plan or sketch of the property setting forth the following information, unless waivers of any items requested and the reasons therefor stated in the application:
Setback and location of structures.
Curb, if any.
Sidewalk, if any.
Utility installments affecting the driveway.
Trees and other obstructions within proposed sight triangles.
Advisory, directional, regulatory and advertising signs within sight triangles.
Location of existing driveways on the lot in question and on adjoining lots.
Profile of roadway in front of parcel to the limits of the required site triangle.
Contour lines for existing and proposed grading within the area of driveway construction and site triangle construction.
Radius of curvature, where applicable.
Parking facilities, where applicable.
Culvert, if required.
All driveways shall be constructed in accordance with the following minimum requirements:
Permitted slope of intersection.
The initial six feet of the driveway starting at the edge of the existing highway pavement shall be constructed with a negative grade away from the edge of the existing highway pavement.
Driveway grades between the initial six-foot negative grade and the setback line shall not exceed 20%.
On downhill driveways, a transition grade from the gutter to the driveway grade must be provided, which grade must have a vertical curve with the minimum starting point of the curve at the gutter line.
Widths. Single-family residential driveways on town roads shall have a minimum width of 12 feet and may taper to a minimum width of 10 feet beyond the right-of-way line. A driveway shall be flared on each side as it touches the intersecting road pavement or traveled way. Driveway width shall be the curb-face-to-curb-face dimension or pavement edge-to-edge dimension where curbs are not required.
Construction materials. Paving shall be six inches of bankrun gravel or six inches (compacted) of three-fourths-inch quarry process and, in each case, two inches (compacted) of bituminous FABC top and shall extend the full width and 30 feet from the center line of the road.
Erosion and surface water. Driveways shall be maintained at all times in such a manner as to prevent erosion of the soil from them and land adjoining them. Water and silt shall be prevented from running onto roads or filling up road gutters, catch basins, inlets or pipe drains.
Ditches and drainage. Driveways shall be constructed so as not to interfere with the drainage along existing road pavement or traveled way. Wherever possible, driveways shall be located on the high side of existing catch basins and drainage pipes.
Town roads. Driveways shall enter town roads as close to 90° as site conditions will permit.
All work and improvements required by the driveway permit shall be completed prior to issuance of the certificate of occupancy. However, in the event that the necessary work and improvements cannot be completed at the time of application for a certificate of occupancy because of unsatisfactory weather conditions, such as cold or freezing temperatures or wet soil conditions, or because of other unusual conditions which could cause undue hardship to the property owner, the certificate of occupancy may be issued, provided that a performance guaranty, in the form of cash or a bond, in the sum of $500, is filed with the Town Clerk and only if the driveway base has been installed in accordance with § 112-5C hereof.
The bond shall be released after the required improvements have been installed and proper installation has been certified to the town by the Highway Superintendent. Release of the bond shall take place within 30 days after such notification to the Town Clerk by the Highway Superintendent.
The applicant shall have six months from the posting of the bond within which to install all necessary improvements. If the improvements are not obtained within the six-month period, the bond shall forthwith be forfeited to the Town of Schodack.
No building permit shall be issued for the construction of any structure where, inherent in any application for such permit, a driveway permit is required in accordance with the terms of this chapter until said driveway permit is issued.
The application and accompanying data shall be submitted, in triplicate, to the Building Department, which shall review the plan and shall do one of the following:
Review the application with the Town Highway Superintendent.
Approve the plan if, in its judgment, all requirements of this chapter have been met.
Return the application to the applicant for additional data, which may include the requirement of submission of a plot prepared by a professional engineer.
Disapprove the application, setting forth the reason for the disapproval.
A driveway permit may be issued where, in the judgment of the building inspector and/or Highway Superintendent, the proposed location and construction of the driveway complies as closely as feasible with the requirements of this chapter and provides for the safety to traffic on the town road.
Any person or persons, firm or corporation violating any provision of this chapter which results in damage to or obstruction of any public road, gutter, storm drain, ditch, basin, inlet or culvert shall be responsible for all expenses incurred by the town in repairing said damage or removing said obstruction where said person, firm or corporation fails to cure the violation within four hours of its occurrence, in addition to the penalty herein provided.
Any person or persons, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both. Each and every day that a violation continues after notification thereof shall constitute an additional, separate and specific violation.