[HISTORY: Adopted by the Town Board of the Town of Barton 9-12-2011 by L.L. No.
2-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
71, Driveways, adopted 3-8-2010 by L.L. No. 1-2010.
The Town Board of the Town of Barton finds that unsupervised
installation and repair of driveways on Town roads can cause dangerous
and harmful conditions unless adequate provision is made for the carrying
off of surface water, for adequate passage of stormwater under the
driveway as it crosses the highway ditch, and for adequate sight distance
from the driveway to motorists using the highway. This chapter is
adopted by the Town Board in order to reduce these problems and thereby
enhance the health, welfare and safety of the inhabitants of the Town
and all persons using Town roads while reducing expenditures to the
Town of Barton.
A.
No person shall build a new driveway from a Town road or replace
an existing driveway pipe without submitting a written application
to the Town, receiving approval from the Highway Superintendent and
paying the applicable fee or fees.
B.
The Town Board of the Town of Barton shall adopt and may by resolution
amend, from time to time, the specifications concerning the construction
of driveways abutting a Town highway or a street in a subdivision
approved by the Barton Planning Board. In adopting or amending such
specifications, it shall consider the location of said driveway, its
effect upon the highway drainage system, its effect upon the safety
of said highway to the users thereof, the width and character of the
affected highway, the density of the traffic upon said highway and
the character and nature of said traffic. The Town of Barton Highway
Superintendent may also impose additional conditions given the location,
size of driveway and other pertinent facts and circumstances. No such
permits shall be issued except and unless the driveway, construction
or excavation shall conform to the specifications as adopted by the
Town Board or the conditions imposed by the Highway Superintendent.
C.
Direct flow of stormwater from the proposed new driveway onto any
Town of Barton road shall not be permitted. Drainage swales or ditches
shall be provided at both sides of the proposed driveway and shall
provide for positive drainage from the driveway into the existing
road ditch within the public right-of-way.
A.
No application shall be complete without payment of the application
fee by the property owner.
B.
The amount of all fees shall be prescribed from time to time by resolution
of the Town Board.
C.
The cost of all materials, including replacement pipes and additions
to existing driveway pipe systems, shall be paid by the property owner.
D.
The Town Board of the Town of Barton may require the posting of a
performance bond or other security, in an amount to be determined
by that Board upon recommendation from the highway Superintendent
of the Town of Barton, to insure completion of the proposed driveway
construction or excavation in accordance with the permit application
prior to the issuance of any permit in accordance with the provisions
of this chapter.
E.
The requirements of a performance bond may be set forth by the Town
Board in the specifications adopted in a resolution and kept on file
in the Town Clerk's Office.
A.
Upon notice of the planned installation of a new driveway or the
replacement or extension of an existing driveway pipe on a Town highway,
the Highway Superintendent shall meet with the interested property
owner for the purpose of providing and explaining to the owner a driveway
permit application.
B.
The driveway permit application will require a sketch or drawing
that shows the location of all pipes and gives dimensions to nearby
reference points and a detailed description of the method of construction.
C.
The Highway Superintendent will review existing site conditions and
determine the proper diameter and the length and depth of pipe to
be installed and whether end sections will be required.
D.
The approved application shall constitute a permit for doing the
work described in it.
A.
The property owner may hire a private contractor (approved the Town
of Barton Highway Superintendent) to perform the installation.
B.
All work done by a private contractor shall be at the expense of
the owner.
C.
All private contractors must provide an appropriate insurance certificate
naming Town of Barton as an additional insured party before any work
is begun.
D.
No work by a private contractor shall begin until the driveway application
fee, if any, is paid to the Town of Barton.
E.
All driveway installation work performed by a property owner or private
contractor will be subject to a final inspection and acceptance by
the Highway Superintendent. The contractor or owner should request
a final inspection while the contractor is still on site. Should the
installation not be done in a satisfactory manner, the Highway Superintendent
will not approve the installation. The cost of all work required to
correct or reinstall the driveway pipe to the satisfaction of the
Highway Superintendent shall be paid by the property owner.
A.
In case a new or replacement driveway pipe is installed by a private
contractor or other person after the effective date of this chapter
without prior approval and permission of the Highway Superintendent
as required by this chapter:
B.
Any violation of this chapter shall be an offense punishable by a
fine not exceeding $250.
The invalidity of any clause, sentence, paragraph or provision
of this chapter shall not invalidate any other clause, sentence, paragraph
or part thereof.
This chapter shall take effect upon filling in the office of
the New York State Secretary of State.
