Village of Delhi, NY Article XIA Driveways

[Added 3-15-2010 by L.L. No. 2-2010]

§ 300-60.1 Permit required.

No person shall construct, build, place or install a driveway, including a driveway that requires a curb cut permit in accordance with Chapter 300 of the Village Code, on any parcel or real property in the Village of Delhi without first obtaining a permit from the Village Code Enforcement Officer. An application for a driveway permit shall be made upon a form prescribed by the Village Code Enforcement Officer.

§ 300-60.2 Fees.

The fee for a driveway permit shall be established and amended from time to time by resolution of the Board of Trustees.

§ 300-60.3 Conditions for issuance of permit.

Prior to issuing a driveway permit, the Village Code Enforcement Officer may request a site plan of the proposed driveway depicting the width of the driveway, curb cut location, setbacks of the driveway from neighboring property lines and structures, and the location and dimensions of any swale created by the driveway. The Village Code Enforcement Officer may also request a stormwater management plan as part of any application for a driveway permit.

§ 300-60.4 General design requirements.

A. No driveway shall be located closer than four feet to the adjoining property line(s). No driveway shall be located closer than eight feet to any structure located on an adjoining property.

B. A driveway shall have a minimum width of 10 feet.

C. All driveways shall be finished with blacktop or concrete or suitable material approved by the Village Code Enforcement Officer from the existing edge of the sidewalk to the existing edge of the roadway.

§ 300-60.5 Stormwater and drainage.

A. No permit will be issued for a driveway that may cause water drainage problems or ponding on the subject property or adjoining properties or roadways.

B. Irrespective of whether a permit under this article has been issued, it shall be unlawful for any person to maintain a driveway that causes water drainage problems or ponding on the subject property or adjoining properties or roadways. It shall be the responsibility of the property owner to abate any water drainage problems or ponding that may be caused by a driveway. All plans to abate water drainage problems or ponding caused by driveways are subject to the approval of the Village Code Enforcement Officer.

C. The failure to abate a water drainage problem or ponding on the subject property or adjoining properties shall constitute a violation of this article and, upon conviction thereof, be subject to the penalties set forth by this chapter (§ 300-66).

§ 300-60.6 Existing driveways.

A driveway existing as of the effective date of this article may be replaced in kind or resurfaced upon issuance of a permit from the Code Enforcement Officer, provided that the replacement or resurfacing does not cause or create water drainage problems or ponding on the subject property or adjoining properties or roadways.

§ 300-60.7 Variances.

A variance from the design requirements contained in this article is governed by the variance procedures and standards contained in Article 7 of the New York State Village Law.

§ 300-60.8 Enforcement.

The Village Code Enforcement Officer, or his or her duly authorized representative, as well as the Village Board of Trustees, are empowered to enforce the provisions of this article.

§ 300-60.9 Penalties for offenses.

Any and all penalties under this article shall be made in accordance with § 300-66 of this chapter and may be amended from time to time by resolution of the Board of Trustees.