Town of Newburgh, NY Article III Driveway Permits

[Adopted 12-5-2011 by L.L. No. 11-2011]

§ 160-20 Permit required.

A. No person, firm, association, private or public corporation, business entity or public utility shall create new access or egress to or from any Town highway, roadway offered for dedication to the Town or public right-of-way or in any other way alter any street or portion thereof within the jurisdiction of the Town without first obtaining a driveway permit from the Highway Superintendent or his authorized designee.

B. It shall be a violation of this article for any person, firm, private or public corporation, business entity or public utility of any kind to connect a private driveway or road to a Town highway, roadway offered for dedication to the Town or public right-of-way without first obtaining a driveway permit from the Highway Superintendent or his authorized designee.

C. No building permit for a structure requiring the installation of a new driveway or private road onto a Town highway, roadway offered for dedication to the Town or public right-of-way shall issue from the Town of Newburgh Code Compliance Department until a valid permit under this article has been secured from the Highway Superintendent.

D. No material trucks or other vehicles or equipment, including, without limitation, excavating machines, cement and block trucks, lumber and septic tank delivery trucks or any like machines or vehicles, shall exit or enter any Town highway, roadway offered for dedication or public right-of-way until a valid permit has been obtained under this article.

§ 160-21 Permit application.

A. Written application shall be made upon a form to be provided, which shall be filed with the official designated by the Town. A copy of the permit application shall be immediately forwarded to the Highway Superintendent, who shall inspect the site and shall specify the requirements of the Town to protect drainage, the road shoulder and pavement. The application shall contain at least the following:

(1) The name, address and telephone number of the applicant.

(2) The name of the road to be affected.

(3) The location of the proposed work area.

(4) Plans and designs in a form acceptable to the Highway Superintendent.

(5) The estimated date of commencement and completion of the work.

(6) Pavement to be disturbed, if any, including length.

(7) Shoulder to be disturbed, if any, including length.

(8) Drainage network to be disturbed, if any, and proposed drainage facilities, including length and description.

(9) If the Highway Superintendent determines it appropriate, photographic documentation demonstrating the existing condition of the roadway, shoulders and drainage facilities may be required.

B. Applicants shall additionally submit:

(1) Written proof of liability insurance (certificate/binder/policy) which names the Town of Newburgh and its Highway Superintendent as additional insureds and certificate holders and which provides coverage and limits as from time to time may be established by resolution of the Town Board.

(2) Proof of required workers' compensation coverage for any employees.

(3) Either a performance bond in the amount of $5,000 naming the Town as obligee or a letter of credit in the amount of $5,000 naming the Town as beneficiary or a certified check in the amount of $1,000, which will be held for a minimum of 90 days after completion of work. The required amounts for performance bonds, letters of credit or deposits by certified check may be changed from time to time by resolution of the Town Board. Any person, firm or corporation whose business is of such nature as would require the acquisition of frequent permits under this article, may, at the discretion of the Town Highway Superintendent, provide a general bond, letter of credit or security deposit on an annual basis, in the following amounts:

(a) Performance bond or letter of credit in the amount of $10,000 or security deposit of $3,000 if two permits are issued and outstanding to the permittee at any one time;

(b) Performance bond or letter of credit in the amount of $15,000 or security deposit of $6,000 if three permits are issued and outstanding to the permittee at any one time;

(c) Performance bond or letter of credit in the amount of $17,500 or security deposit of $9,000 if up to six permits are issued and outstanding to the permittee at any one time; and

(d) Performance bond or letter of credit in the amount of $20,000 or security deposit of $12,000 if seven or more permits are issued and outstanding at any one time.

(4) The amounts set forth above may be modified by resolution duly adopted by the Town Board from time to time. The bond or letter of credit shall include provision permitting the Town to declare a default in the event the permittee "has failed to reconstruct, restore or repair to their original condition existing paving, shoulders, drainage improvements, water and/or sewer utilities damaged or subsequently affected by the construction, installation or use during construction of said driveway or private road opening improvements." The bond, letter of credit or security deposit shall be held by the Town pending final inspection and approval of the project by the Highway Superintendent, after which the security shall be returned to the applicant following the period specified above. If fully expended, the permittee shall replace the bond, letter of credit or security deposit, as the case may be, within five days of the receipt of written notice from the Town, failing which the permit shall be subject to revocation. A project shall not be deemed completed until use of the driveway or private road opening by construction vehicles and equipment for site construction activities and storage has concluded. Upon completion of the project, the permittee will apply to the Highway Superintendent for an inspection and preliminary performance security release. Upon inspection of the site, as necessary, the Highway Superintendent may approve the release of the performance security. If the release is not approved, the Highway Superintendent will specifically document the tasks that must be accomplished in order for the performance security to be released. In this case, the permittee will remedy the specified items and then reapply for a performance security release.

C. Each application under this article shall be accompanied by a nonrefundable application fee in an amount or amounts as may be established from time to time by resolution of the Town Board. Different fees may be established for driveways for commercial and residential premises and for private road openings onto a Town highway, roadway offered for dedication to the Town or public right-of-way.

§ 160-22 General performance requirements.

A. Design and construction of driveways and private road openings shall conform to the criteria and requirements set forth in the Street Specifications, Chapter 161 of the Town's Code.

B. Unless a specific waiver is granted by the Highway Superintendent, the following standards, in addition to the street specifications and all other applicable rules, laws, regulations of the Town of Newburgh, shall apply for all work performed under this article.

(1) All plans and work performed must satisfy the Highway Superintendent or Town Engineer, if necessary, that all natural and man-made drainage systems will not be adversely impacted and that the installation of the driveway will not create additional maintenance duties for the Town of Newburgh Highway Department.

(2) The applicant also shall be bound by any entrance construction detail contained within any application otherwise required by the Zoning Law of the Town of Newburgh.

(3) Any existing pavement which has been removed, broken, scarified or which has crumbled due to excavation or the instruments thereof shall be fully and satisfactorily replaced.

(4) The Highway Superintendent may determine that, due to numerous cuts, gouges, scars, settlement irregularities and patches existing as a result of any permitted work hereunder, the applicant will be required to top the road the full width and length of the area adversely affected with an approved final surface as determined by the Highway Superintendent.

(5) Facilities to carry water through and/or off the applicant's property shall be designed and constructed so that no damage will occur to existing and proposed buildings, driveways, adjacent and downstream properties, drainage facilities and public improvements. In no case shall a driveway be constructed so as to convey water onto the road surface unless an existing road surface drainage system exists. Size, specifications and slopes of storm drains and culverts shall conform to requirements of the Highway Superintendent.

(6) Work shall be performed pursuant to a phased schedule, if the Highway Superintendent deems the project of such magnitude to require the same. All phases of work shall be upon at least 48 hours' notice to the Highway Superintendent.

C. Nothing contained in this article shall be deemed a waiver of any other requirement existing or subsequently enacted, including, without limitation, the highway specifications for the Town of Newburgh, with regard to the construction, maintenance and improvement of public roadways within the Town of Newburgh.

§ 160-23 Conditions of permit issuance.

A. The permit shall not be assigned or transferred except with the written consent of the Highway Superintendent.

B. The work authorized by the permit shall be done to the complete satisfaction of the Highway Superintendent or his representative.

C. Notice shall be given by said applicant to the Highway Superintendent at least 48 hours in advance of the date when the work is to begin.

D. The applicant will agree to indemnify and hold harmless the Town of Newburgh, the Town of Newburgh Highway Department and Highway Superintendent from all suits, actions or damages of every kind whatsoever which may arise from or on account of the work to be done under this permit. General liability insurance for the protection of the applicant and the Town will be maintained in such an amount and in such company and in such case as the Highway Superintendent may require.

E. The applicant will agree, in consideration of the permit, that any present or future injury to or disturbance of the Town road, roadway offered for dedication to the Town or public right-of-way, its pavement, shoulders, its slopes or gutters caused by the work proposed and performed under the permit, shall be repaired, reconstructed and restored by the applicant at its own expense and to the complete satisfaction of the Highway Superintendent.

F. The applicant will agree that the Town is authorized to withdraw funds from any security deposit (without prior notice to or consent from the permittee) in order to promptly reimburse the Town for any costs and expenses associated with repair, restoration or reconstruction of any such injury or disturbance which the applicant has failed to repair to the complete satisfaction of the Highway Superintendent. Promptly following any such withdrawals, the Town shall give written notice to the permittee detailing such withdrawals and the reasons therefore.

G. The Highway Superintendent reserves the right to revoke or cancel the permit at any time should the applicant fail to comply with the terms and conditions therein prescribed.

H. Applicant's approved copy of the permit shall be in possession of the parties actually doing the work. It must be furnished on demand, to the Town Highway Superintendent or his representative.

I. The permit is subject to such other consents as are required by law.

J. Traffic shall be maintained on the section of the road by the applicant during the life of the permit.

§ 160-24 Responsibility of Town.

The Town, by the issuance of any such driveway permit, assumes no responsibility for supervising the work of any applicant or for the work actually performed by any applicant, and shall not be liable for the negligence of any such applicant.

§ 160-25 Emergency and other action by Town; cancellation of permit.

A. In the event that an unsafe condition is created in connection with any work being performed pursuant to a permit issued hereunder, which condition creates an immediate danger of personal injury or property damage, the Town shall have the right to take whatever action is necessary and perform such work as is required to restore the same to a proper and safe condition, and the cost thereof shall be charged against the applicant and may be deducted from the deposit made by him, drawn on the letter of credit or paid by the surety, as the case may be.

B. In the event that an applicant fails to abide by the directions issued by the Highway Superintendent, after twenty-four-hour written notice of the applicant, if said applicant has not made satisfactory arrangements to correct the situation, the Highway Superintendent may cancel the permit, or otherwise take whatever action is necessary to remedy the applicant's noncompliance, and the cost thereof may be charged against the applicant and deducted from the deposit made by him, drawn on the letter of credit or paid by the surety, as the case may be.

§ 160-26 Penalties for offenses.

A. Any violation of any provision of this article shall be deemed an offense and upon conviction thereof shall be punishable:

(1) By a fine of not less than $250 and not exceeding $1,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.

(2) By a fine of not less than $1,000 nor more than $3,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of two offenses, both of which were committed within a period of five years.

(3) By a fine of not less than $2,000 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the third or subsequent offenses of a series of offenses, all of which were committed within a period of five years.

B. Each day a violation continues uncorrected shall constitute a separate additional offense.