[HISTORY: Adopted by the Town Board of the Town of Amherst 3-20-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
Building construction administration — See Ch. 83.
Parking for handicapped — See Ch. 143.
Off-street parking — See Ch. 144.
Property maintenance — See Ch. 151.
Snowplowing — See Ch. 166.
Zoning — See Ch. 203.
Subdivision of land — See Ch. 204.
Editor's Note: This local law also repealed former Ch. 95, Curb Cuts, adopted 12-5-2005 by L.L. No. 12-2005.
The title of this chapter shall be the "Curb Cut Procedures and Standards Act."
The Town Board of the Town of Amherst finds that the regulation of driveway access to Town highways is necessary to provide safe access and to protect the health and safety of users of such highways and to protect the property of the Town and others in the right-of-way. The Town Board further finds that an excessive number of driveways or misplaced driveways increase the risk of accidents as well and interfere with safe traffic movement, along with the performance of maintenance, including snow removal, and that the passage of such regulations is consistent with Town Law § 130, Subdivision 7(a), which provides that the Town Board may by ordinance regulate the location and manner in which driveways and exits may be constructed by owners and occupants on Town highways, and Highway Law § 213, which provides that the construction and repair of approaches to private lands adjoining Town highways is under the direction of the Town Superintendent of Highways.
Any person desiring to construct a driveway approach or recessed parking area across any curbing, sidewalk or shoulder on a Town highway shall first make application for a permit to the Town Superintendent of Highways. The application shall be in writing upon a form to be provided for the Superintendent of Highways for that purpose and available at the office of the Superintendent. Such application shall show the type and estimated cost of construction; the section, lot, and block number and the street name and number of the property that is the subject of the application, together with a small plot plan showing the proposed location and dimensions of the proposed driveway or private parking area; and such other information as may be required by the Superintendent of Highways. The application shall be filed with the Highway Superintendent by the property owner or by the property owner's duly authorized agent.
A permit required by this chapter shall be issued by the Superintendent of Highways only when the work conforms to the following standards, unless the Superintendent of Highways for good cause waives any such requirements:
There shall be no more than four driveways giving access to any lot and no more than two driveways on any single frontage of any lot.
Where there is only one driveway giving access to a lot, the curb may not be lowered for a distance greater than 30 feet; where more than one driveway gives access to a lot, no curb may be lowered for a continuous distance greater than 24 feet.
Between driveways on the same lot, there must be at least 20 feet of full curb.
On a corner lot, no curb shall be lowered within six feet of the corner of the lot, or in case the lot line is curved at the corner, no curb shall be lowered on the curve or within 10 feet of the center of such curve.
The grade of the ramp to the sidewalk shall be subject to the approval of the Superintendent of Highways and in general should be within the park strip, if there is one, and where there is no park strip, the ramp should not exceed 1/4 of the width of the sidewalk.
The curb shall not be cut lower than a point one inch above the gutter.
Where the driveway is intended for a gasoline filling station, there shall be on the street line of the lot, opposite the full curb, a curb of at least six inches high. Such curb shall begin three feet from the driveway.
No driveway shall be permitted at the end portion of a dead-end street or off of any turnaround located at the end of the street. If the subject parcel does not have sufficient space to install the driveway on the side of the street, the applicant owner, at the owner's own expense, must extend the street so that there is at least 20 feet of street past the furthest edge of the driveway. Such additional street must meet the street construction requirements of the Town of Amherst. All such improvements are at the expense of the permit applicant. Ownership of any such street extension must then be transferred to the Town.
No curb may be lowered or driveway constructed which may be in any way dangerous or hazardous to pedestrians or vehicular traffic.
All damage that occurs during the construction process, within the Town's right-of-way, shall be repaired in accordance with the specifications and standards of the Town of Amherst. These additional costs shall be incurred at the applicant's expense. All repairs must be made within 24 hours.
Specifications and standards not addressed in this section must meet the current New York State Department of Transportation standards and specifications for construction and materials as well as the Town Engineer's standards for streets and curbs.
The work authorized by this permit shall be performed in a manner satisfactory to the Superintendent of Highways.
The applicant is to keep in good repair all pipes, hydrants or appurtenances that may be placed within the bounds of the highway under terms of this permit and is to save the Town harmless from all claims and damages that may accrue by reason of their location in the highway and upon written notice by the Town Superintendent is to make any repairs required for the protection and preservation of the highway. Upon the failure of the owner to make such repairs, the Superintendent of Highways shall make such repairs at the expense of the applicant, and such expense shall be a prior lien upon the land benefited by the use of the highway for such pipes, hydrants or appurtenances.
If the work performed is on a road that has been improved by state aid, in no case shall the pavement be disturbed. Upon completion of the work, the highway shall be left in as good a condition as before the work was performed and shall be completed to the satisfaction of the Town Superintendent of Highways.
The applicant, by virtue of the grant of the permit application, shall hold the Town of Amherst harmless on account of any damages that may arise during the progress of the work authorized by this permit or by reason thereof. The applicant shall certify that all persons concerned with the actual work under the curb cut permit are duly covered by workers' compensation insurance and that the Town of Amherst shall be held harmless on account thereof.
Failure to comply with the above requirements will be considered a violation of this chapter and the curb cut permit, and the Town Highway Superintendent may revoke the curb cut permit upon the failure of the applicant or the applicant's agents to comply with any of the within requirements or other conditions contained in the permit.
A permit and an inspection is required for all types of curb: "A," "B," or "C" as defined by the Town Engineer's specifications for streets and curbs.
The applicant or builder shall notify the Superintendent of Highways at least 24 hours before installing a driveway apron in the right-of-way.
Where private property use has been modified so that the existing curb cut is no longer needed or where the provisions do not permit curb cuts at existing locations, the Town Superintendent of Highways, for the promotion of traffic safety and public convenience, may require the abutting owner to replace the curb at his expense as follows:
The Town Superintendent of Highways shall order the abutting property owner to replace the curb, stating the reason.
The owner shall either protest and show cause in writing why the curb should not be replaced within 30 days or commence the work within 60 days.
The protest shall be reviewed by the Town Board, which may uphold the Superintendent of Highways or revoke or modify his order.
If the abutting owner fails to comply with the order, the Town may do the work and bill the owner the total charges of the work. The Town may place a lien on the subject property for the total of the charges, including permit fees, inspection fees, attorney fees and court costs, for any bill that remains unpaid for a period of 30 days.
If any section, sentence or part of this chapter is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the rest of this chapter.