[Adopted 9-8-2008 by L.L. No. 6-2008]
The Town of DeWitt has an interest and a responsibility
to control the number, location, and dimensions of motor vehicle curb
cuts. Such control is important to promote the health and safety of
the Town's pedestrians, cyclists, and motorists. Limiting the amount
of impervious surfaces on lots and Town rights-of-way will help to
improve the management of stormwater quality and quantity. Uniform
curb cuts and other improvements in Town rights-of-way will facilitate
compliance with Americans with Disabilities Act requirements.
For the purposes of this policy, the following
words, phrases, and terms shall have the meanings given herein:
The improved area of a public right-of-way plus 10 feet of
the abutting lot used for the movement of vehicles and equipment between
the right-of-way and lot which meets the design, construction and
maintenance standards of the Town of DeWitt.
The Department of Planning and Zoning of the Town of DeWitt.
[Amended 12-12-2011 by L.L. No. 8-2011]
The Highway Department of the Town of DeWitt.
The elected manager of the Town Highway Department.
An application provided by the Highway Department that, if
approved, permits construction in the public right-of-way or within
10 feet of a right-of-way.
A self-propelled wheeled conveyance such as a car or truck
that does not run on rails and including any towed trailer used to
transport goods or equipment.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
All the land located within the boundary lines of any property
owned or maintained for highway purposes by the Town or other government
located in the Town, including any right-of-way. The "highway" includes
a street, avenue, road, square, place, alley, lane, boulevard, concourse,
parkway, driveway, overpass and underpass, and also includes all items
appurtenant thereto, including but not limited to bridges, culverts,
ditches, tree lawns, shoulders, and sidewalks.
Town of DeWitt.
The engineer duly appointed by the Town Board serving in
the capacity of Town Engineer.
These rules apply to lots and public roads and
lands in the Town. The guidelines listed below are intended to assist
the Highway Department and Department in applying uniform guidelines
to the review, permitting and construction of new, modified, or repaired
curb cuts, driveways or parking lots or areas along public roads.
These guidelines do not replace other requirements of the Code, which
shall be controlling if inconsistent. Existing curb cuts, driveways,
parking areas or lots, and public roads may remain until such time
that repair, replacement or enlargement is proposed in which case
said curb cuts, driveways, parking areas or lots shall be brought
into conformance with this guideline to the maximum extent practical.
Nothing shall prevent the improvement of a public road or right-of-way
by a government to the specifications in these guidelines provided
reasonable accommodation is made to integrate public improvements
with that existing on abutting private land.
Effective immediately, any person intending
to establish or modify a curb cut, driveway or parking area or lot
for a residence shall first submit a highway work permit application
with an accurate survey and other plans that fully explain and depict
the proposal to the Highway Department. The Highway Department shall
immediately forward a copy of the application to the Department for
review and recommendation. Once such recommendation is received, the
Highway Department may approve, modify or disapprove the highway permit
application. If the application is disapproved, the applicant shall
be given written explanation of the decision within six business days
of the decision date. An appeal of any decision of the Highway Department
pursuant to this article shall first be directed to the Department
who, together with the Town Engineer and Highway Superintendent, will
issue their majority decision within 14 business days. An affected
applicant may appeal the determination of the three-member review
committee to the Town Zoning Board of Appeals following the rules
of Appendix A196 of this Code.
A.
One curb cut is allowed per lot unless additional curb cuts are permitted through site plan review by the Town Planning Board pursuant to Chapter 192. One additional curb cut is permitted for a single-family residence with 150 feet or more of frontage and two or more acres of land or for a two-family dwelling.
B.
The width and alignment of the curb cut shall be determined
by the parcel's garage or parking area or lot at the time of the highway
modifications or application for a new curb cut.
C.
Single- and two-family dwellings.
(1)
The curb cut shall be no wider than 10 feet at the
throat or beginning of the driveway for a one-vehicle-door garage
or 18 feet for a two-or-more-vehicle-door garage and shall be aligned
at a ninety-degree angle from the road to the maximum extent possible.
(2)
Curb cuts shall be located sufficiently far from intersections,
curves in roads and crosswalks to provide sufficient site distance
appropriate to the road based on New York State highway access minimum
site distances.
(3)
A five-foot radius shall be provided on both sides
of the curb cut as it meets the road.
(4)
Curb cuts, driveways, and parking areas or lots shall
be located eight feet or more from the side, front and rear property
line(s).
(5)
Driveways shall maintain a uniform width extending
directly from the curb cut radius into the lot and toward a garage
or parking lot or area and only widening to the width of a garage
door or to a parking area within 20 feet of the door or area.
(6)
Driveways should be graded and paved to allow uninterrupted
use of sidewalks.
(7)
One improved parking area or turnout may be located
in conjunction with the driveway. Such area may be no greater than
12 feet wide by 18 feet long. It shall be located on the side-yard
side of the garage.
(8)
Residential curb cuts, driveways and parking areas
may be paved with all-weather pavement materials or approved gravel.
(9)
Paving or otherwise modifying a public road beyond
that allowed in this article is prohibited.
A highway work permit prescribed by the Highway
Department is required for any construction or modification of land
within a public road or within 10 feet of the public road.
An application fee of $30 and a security deposit
of $200 to guarantee the completion of work authorized in a highway
work permit shall be presented with the application.
Any conviction for a violation of this article
or of any regulation or provision hereof shall be punishable by a
fine not to exceed $100. A second conviction shall be punishable by
a fine not to exceed $200. A third conviction shall be punishable
by a fine not to exceed $500 or imprisonment for 15 days, or both.
