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.
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.
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.
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.
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:
If the Highway Superintendent determines it appropriate, photographic
documentation demonstrating the existing condition of the roadway,
shoulders and drainage facilities may be required.
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.
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:
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;
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;
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Traffic shall be maintained on the section of the road by the applicant
during the life of the permit.
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.
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.
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.
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.
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.
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.