Town of Clinton, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clinton 4-5-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Fines and penalties — See Ch. 137.
Notification of defects — See Ch. 172.
Scenic and historic roads — See Ch. 189.
Streets and sidewalks — See Ch. 201.
Subdivision of land — See Ch. 206.
No person, firm or corporation shall, after the effective date of this chapter, cut, construct, locate and/or modify any driveway entrance or exit into a highway of the Town of Clinton without having first obtained a permit from the Town Highway Superintendent.
A. 
Any person, firm or corporation desiring to make, construct or locate a driveway entrance or exit into a Town Highway of the Town of Clinton shall make an application for a permit to do so to the Town Highway Superintendent, which application shall be in a form prescribed by the Town Highway Superintendent. In addition to the general standard driveway entrance and exit crossing requirements, including sight clearances requirements, set forth hereinbelow, the Town Highway Superintendent may impose any special requirements which the particular situation at the location where the driveway is sought to be located requires in his judgment under the circumstances. Upon receipt of said application the Town Highway Superintendent shall make a physical examination of the proposed driveway and shall determine whether or not the proposed location, the grade, the elevation and the width thereof are in keeping with the requirements set forth herein, and he may thereafter issue a written approval of said driveway setting forth any special requirements which in his judgment are necessary under the circumstances.
B. 
The Town Highway Superintendent may deny an application for a driveway permit in the event that he determines that the proposed location or manner of construction will cause damage to the public highway or in the event he determines that the location of said driveway or the manner of said construction will cause a safety hazard to those traveling on the said public highway.
C. 
Upon receipt of the written approval of the Town Highway Superintendent, the owner or agent may proceed to install said driveway in accordance with said approval and shall thereafter not deviate from the terms of said approval without further application to the Town Highway Superintendent.
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 all costs of work done and materials furnished as required to meet the conditions of any permit issued by the Town Highway Superintendent.
B. 
No alteration or addition shall be made to any driveway except for the surfacing or resurfacing heretofore or hereafter constructed nor shall any driveway be relocated without first securing a new permit from the Town Highway Superintendent.
C. 
The maximum width for a single combined entrance or exit shall be not more than 24 feet for residential use measured at the property line.
D. 
The angle of the driveway with respect to the pavement of the roadway shall not be less than 60°.
E. 
No driveway shall be permitted within 50 feet of the tangent of the curve of any public highway intersection unless it is shown it is a hardship case. An adverse decision may be appealed to the Town Board, whose decision on same will be controlling.
F. 
No driveway shall be permitted where the sight distance is less than 200 feet in each direction measured from a point on the driveway center line which is 10 feet from the intersection of the center line of the driveway and the edge of the paved Town roadway.
[Amended 9-12-2006 by L.L. No. 1-2006]
G. 
All driveway connections to the road shall be in accordance with applicable existing road specifications of the Town.
H. 
The surface of the driveway entering upon a Town highway at a grade exceeding 6% shall be stabilized so as to prevent the washing of materials onto the roadway.
I. 
All driveways shall be constructed so that the tangent of the curve of the driveway shall be a minimum of 10 feet from any property line.
J. 
Deeds recorded prior to the effective date may be granted a variance by application to the Planning Board.
All driveway appurtenances which may be located in the Town right-of-way shall be the responsibility of and shall be maintained in proper condition by the owner of the property for which access is provided by said driveway.
This chapter shall be enforced by the Zoning Administrator, upon recommendation of the Town Highway Superintendent.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person, firm or corporation who or which violates the provisions of this chapter shall be guilty of a Violation B, punishable as provided in Chapter 137, Fines and Penalties. In addition to the above provided penalty and punishment for violations of this chapter, 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 any violation of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).