[HISTORY: Comes from L.L.
No. 67-1970, adopted 9-15-1970; effective 9-21-1970.]
GENERAL REFERENCES
Excavations in streets — See Ch. 175.
Deposit of materials on roads — See Ch. 177.
Sidewalks, roads and streets — See Ch. 181.
[1]
Editor's Note: The original § 182-0 of this
chapter provided as follows:
"This local law is intended to regulate the manner and use
in which driveway entrances and curb cuts may be constructed by owners
and occupants of property abutting Town highways and streets and to
regulate the location, size, design and construction thereof."
[Amended 6-9-1998 by L.L. No. 29-1998, effective 6-17-1998]
As used in this chapter, the following words or phrases shall
have the meanings annexed to each:
All uses other than those related to single- and two-family
dwellings.
The Commissioner of the Highway Department of the Town of
Hempstead or his/her designated representative.
A reduction in height of the highway curb, or a hypothetical
highway curb, at the driveway entrances, and shall be measured between
the twenty-inch flares.
That portion of land used for the purpose of affording a
means of ingress and egress between private property and a highway,
as defined herein.
Any street, roadway or highway maintained by the Town of
Hempstead.
Residential use as applied to one- and two-family dwellings.
Any individual, association, corporations, firm, partnership
or any other entity.
The incorporated area of the Town of Hempstead outside of
the City of Long Beach and the incorporated villages located within
the Town of Hempstead.
The Town Board of the Town of Hempstead.
A.
A person shall not, either at his own expense, or on behalf of another
person, make, construct or reconstruct, locate or relocate, relay
or repair a driveway or curb cut abutting a highway without first
obtaining a permit as herein provided, except:
(1)
A permit shall not be required for any work performed under contract
exclusively with the Town or any of the improvement districts administered
by the Town Board.
B.
All curb cuts and driveways shall be constructed as shown by the
detailed plan and specifications made part of this chapter.[1]
[1]
Editor's Note: The detailed plan and specifications are included as an attachment to this chapter.
[Amended 8-26-1986 by L.L. No. 67-1986, effective 9-2-1986; 6-9-1998 by L.L. No.
29-1998, effective 6-17-1998; 3-9-2004 by L.L. No. 28-2004,
effective 3-22-2004; 8-5-2014 by L.L. No. 64-2014, effective 8-12-2014]
A.
Each application for a permit shall be signed and acknowledged by
the applicant and shall set forth, or there shall be attached thereto,
a fully dimensioned plot plan showing the existing and proposed driveways,
curbs and sidewalks of the subject property and on each side adjacent
thereto.
B.
Fee for noncommercial permit. The permit application fee for a noncommercial-use
driveway shall be $55 for each single-car-width driveway (10 feet
maximum) or $75 for each double-car-width driveway (18 feet maximum).
C.
Fee for commercial permit. The permit application fee for each commercial-use
driveway shall be $350.
D.
Completion, reimbursement and assessment. Each application shall
authorize the Commissioner to complete the repair, construction or
reconstruction of driveway entrances and curb cuts whenever the Commissioner
finds reasonable cause to conclude that the applicant fails, refuses
or neglects to complete such repair, construction or reconstruction.
The Town shall be reimbursed for the cost of such repair, construction
or reconstruction by assessment against and collection from the lots
or parcels of land where such work was performed or services rendered
for so much of the actual and complete costs as incurred upon and
from each lot or lots, in the manner provided for the cost of public
improvements by Article 15 of the Town Law.
[Amended 6-9-1998 by L.L. No. 29-1998, effective 6-17-1998]
The Commissioner shall review each application and shall issue
such permit upon compliance by the applicant with the provisions of
this chapter, provided that he shall determine that:
A.
The proposed driveway entrance or curb cut will not interfere with
the orderly and reasonable use of adjacent property.
B.
The proposed driveway entrance or curb cut will not create undue
interference with vehicular traffic in the adjoining highway.
C.
The proposed driveway entrance or curb cut will not adversely affect
the health, safety, welfare, comfort and convenience of the inhabitants
of the Town.
Each curb cut and driveway for noncommercial use constructed
under a permit issued pursuant to this chapter shall be constructed
in accordance with the detailed plan-and-specification exhibit provided
in this chapter[1] and in accordance with the following additional specifications:
A.
Curb cuts for dwellings shall be no greater than 10 feet for one-car
access at the curbline.
B.
Curb cuts for dwellings shall be no greater than 18 feet for two-car
access at the curbline.
C.
For corner property, the minimum distance permitted between any curb
cut and the property line forming the adjoining street extended to
the curbline shall be 25 feet.
D.
A minimum distance of 24 inches from side property lines shall be
maintained at the curbline for all curb cuts.
E.
Curb cuts for connected or U-shaped driveways shall comply with the
following requirements:
[Amended 12-23-1975 by L.L. No. 120-1975, effective 1-2-1976]
(1)
Curb cuts for purposes of connected or U-shaped driveways shall require
not less than 50 linear feet minimum frontage on one street or highway.
(2)
Each connected or U-shaped driveway permitted under this subsection
shall consist of either two ten-foot curb cuts, or one ten-foot curb
cut and one eighteen-foot curb cut.
(3)
A minimum of 18 feet shall be required between curb cuts.
F.
An existing curb cut may be supplemented by not more than one additional
single-width ten-foot curb cut, provided that the proposed additional
curb cut be located not less than 18 feet from the existing curb cut
at the curbline, and the application otherwise meets all other requirements.
[Amended 12-7-1993 by L.L. No. 76-1993, effective 12-13-1993]
G.
An existing ten-foot curb cut for an attached garage may be widened
to an eighteen-foot curb cut when the application otherwise meets
all other requirements herein.
[1]
Editor's Note: The detailed plan and specifications are included as an attachment to this chapter.
Each curb cut and driveway for commercial use constructed under
a permit issued pursuant to this chapter shall be constructed in accordance
with the detailed plan-and-specification exhibit provided in this
chapter[1] and in accordance with the following additional specifications:
A.
Normal curb cuts for commercial use shall be not greater than 25
feet at the curbline. However, should the applicant prove a requirement
of greater width in order to accommodate larger vehicles, consideration
for such greater width may be given.
B.
For corner property the minimum distance permitted between any commercial-use
curb cut and the property line forming the adjoining street extended
to the curbline shall be 10 feet.
C.
A minimum distance of five feet from side property lines shall be
maintained at the curbline for all commercial-use curb cuts.
D.
Commercial-use curb cuts may be supplemented by additional commercial-use
curb cuts, provided that all such curb cuts are not less than 25 feet
one from the other at the curbline, and the application otherwise
meets all other requirements herein.
[1]
Editor's Note: The detailed plan and specifications are included as an attachment to this chapter.
Notwithstanding any facts concerning an application herein which
may be contrary to the provisions of this chapter, the Commissioner
may direct that a permit be issued if he shall find that strict compliance
with these provisions will create practical difficulties or unnecessary
hardships, or if he shall find that the proposed driveway entrance
and curb cut shall be in the public interest.
The issuance of a permit herein does not constitute a waiver
of any requirements respecting the subject property which may exist
pursuant to statute, local law or ordinance.
[Added 6-9-1998 by L.L. No. 29-1998, effective 6-17-1998]
If any section, subdivision, sentence, clause, phrase or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such a judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the section, subdivision, sentence, clause, phrase
or part directly involved in the controversy in which such judgment
shall have been rendered.
