[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.
A.
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.
B.
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:
A.
Property lines.
B.
Setback and location of structures.
C.
Curb, if any.
D.
Sidewalk, if any.
E.
Utility installments affecting the driveway.
F.
Trees and other obstructions within proposed sight triangles.
G.
Advisory, directional, regulatory and advertising signs
within sight triangles.
H.
Location of existing driveways on the lot in question
and on adjoining lots.
I.
Driveway width.
J.
Driveway angle.
K.
Curbline opening.
L.
Profile of roadway in front of parcel to the limits of
the required site triangle.
M.
Contour lines for existing and proposed grading within
the area of driveway construction and site triangle construction.
N.
Radius of curvature, where applicable.
O.
Parking facilities, where applicable.
P.
Culvert, if required.
All driveways shall be constructed in accordance with the following
minimum requirements:
A.
Permitted slope of intersection.
(1)
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.
(2)
Driveway grades between the initial six-foot negative
grade and the setback line shall not exceed 20%.
(3)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Town roads. Driveways shall enter town roads as close
to 90° as site conditions will permit.
A.
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.
B.
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.
C.
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:
A.
Review the application with the Town Highway Superintendent.
B.
Approve the plan if, in its judgment, all requirements
of this chapter have been met.
C.
Return the application to the applicant for additional
data, which may include the requirement of submission of a plot prepared by
a professional engineer.
D.
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.
