[HISTORY: Adopted by the Town Board of the
Town of Clinton 4-5-1977 by L.L. No. 2-1977. Amendments noted where
applicable.]
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.
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.
