[Adopted 4-2-1962 by Ch.
14, Art III, of the 1962 Code; amended in its entirety 12-18-1989
by L.L. No. 13-1989]
No person shall construct a driveway connection, entrance or exit within
the right-of-way of any village street without first obtaining a permit from
the Village Engineer.
The application for such permit shall be in such form as the Village
Engineer shall designate and shall include plans which shall clearly indicate
the character and extent of the work proposed and the manner of performing
the same. The Village Engineer may require the submission of such additional
information as is necessary to consider the application.
A.
The Village Engineer shall approve or disapprove the
application within 60 days of the submission of all information necessary
to make a determination or, where the proposed development requires site plan
approval by the Planning Board, within 60 days of site plan approval, whichever
shall be later.
B.
All driveways and curb cuts shall be designed and constructed
in accordance with sound engineering and construction practice to the satisfaction
of the Village Engineer and shall meet the following minimum requirements:
(1)
Proximity to corner point. No curb cut serving a residential
use shall be nearer than five feet to a corner point. No curb cut serving
a commercial use shall be nearer than 10 feet to a corner point. The distance
from a corner point shall be measured from the tangent distance of the corner
to the point of the beginning of the driveway radius.
(2)
Maximum width of curb cut. No curb cut shall be wider
than as follows:
(a)
Serving a one-car garage: 12 feet.
(b)
Serving a two-car garage: 18 feet.
(c)
For a common driveway serving residential structures:
16 feet.
(d)
For a common driveway serving three to five residential
structures: 18 feet.
(e)
For a common driveway serving more than five residential
structures: 20 feet.
(f)
Serving a commercial or industrial use: as determined
by the Planning Board during the site plan review process.
(3)
Number of curb cuts. Not more than one curb cut shall
be permitted for any one-family or two-family structure, or any pre-existing
nonconforming multifamily residential structure in a residential use district
as referenced herein, except upon the granting of a variance by the Zoning
Board of Appeals in accordance with the standards and statutory criteria set
forth in Village Law § 7-712b, Subdivision 3, in which case one
additional curb cut may be authorized. Any such applicant seeking a variance
must establish compliance with each of the following provisions as a condition
precedent to the variance application:
[Amended 12-17-2007 by L.L. No. 5-2007]
(a)
The lot must be at least one acre in size;
(b)
Demonstration to the satisfaction of the reviewing official or body as applicable under § 93-33A that such lot could theoretically be subdivided in accordance with all applicable dimensional requirements for the zoning district in which it is located;
(c)
The nearest points of the driveways shall be no closer than 50
feet to each other measured at the street and at the property line nearest
the street;
(d)
No newly proposed driveway shall be closer than 50 feet to the
nearest intersecting street nor 20 feet to any adjacent property line measured
along a radius at the midpoint of a line between the nearest points of the
driveways at the street or at the property line, whichever is longer;
(e)
Each driveway must lead to a permitted parking area or garage
on that property;
(f)
The width of any newly proposed driveway shall not exceed 12
feet;
(g)
The lot upon which a second driveway is proposed must have a
lot width of at least 100 feet;
(h)
The lot upon which a second driveway is proposed constitutes a corner lot or double-corner lot as such terms are defined in § 110-59;
(i)
The lot shall not be in violation of any development regulation
for the applicable zoning district, including but not limited to building
and development coverage, setbacks and buffers;
(j)
Demonstration that such newly proposed driveway fully complies
with all other applicable Code provisions, recommended practices of the Institute
of Traffic Engineers (ITE) and generally accepted engineering standards relating
to design, grade, materials, sight distance and other safety specifications;
and
(k)
The aforementioned requirements must be continually satisfied
during all periods within which secondary driveway exists.
(7)
Driveway crown slopes. Each driveway crown shall have
a crown slope of 2%.
(8)
COMMERCIAL USE
INDUSTRIAL USE
RESIDENTIAL USE
Definitions. For purposes of this section, the following
terms shall have the following meanings:
Any use permitted in the PD, RM-5, RM-12, RM-29, CB-1, CB-2, CR,
CN, CL, OG, OD, OC, H or R Zoning Districts which is not also permitted in
the RT-6 district.
Any use permitted in the MRD, ML, MG Zoning Districts.
Any use permitted in the CD, RS-12, RS-9, RS-6 or RT-6 Zoning Districts.
C.
All construction shall be subject to the inspection and
approval of the Village Engineer, and no curb cut, entrance and exit shall
be opened for use or used until it has been certified by the Village Engineer
as constructed in accordance with the terms of the permit.
Prior to the issuance of a permit, the applicant shall pay the fee provided in Chapter A112, Fees, for each driveway connection, entrance or exit.
[Amended 8-24-1992 by L.L.
No. 9-1992]
Any person committing an offense against any provision of this Article shall be punishable as provided in § 1-17A of this Code.
