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Town of Porter, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Porter as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 165.
[Adopted 9-15-1999 by L.L. No. 2-1999]
The Town Board of the Town of Porter hereby finds that the improper construction of private driveways entering Town highways may be hazardous to the public and may cause unnecessary expense to the Town. Installation of driveways in accord with specific standards and supervised by the Highway Department will be in the best interest of the health, safety and welfare of the citizens and property of the Town.
The title of this article is "Driveway Installation Law."
This article shall apply to all of the Town outside the Village of Youngstown.
No private driveway entering a Town highway shall be constructed or renovated without a permit therefor issued by the Town Highway Superintendent.
If a drainage culvert is required, the following standards apply:
A. 
Pipe must be sized by the Highway Superintendent.
B. 
New corrugated metal pipe or reinforced concrete pipe with bells are the only types permitted.
C. 
Corrugated metal pipes are to be spliced and bolted with approved pipe collars.
D. 
The pipe is to be placed in the center line of the ditch.
E. 
Such pipe must be graded to allow flow without restricting highway drainage, and must have a drop inlet every 100 feet.
F. 
No permanent structures may be placed in the highway right-of-way.
G. 
The driveway approach grade must be at the highway shoulder grade and must conform to the lot grading requirements of Chapter 200, Zoning, § 200-69.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Blacktop or other paving placed upon the highway right-of-way must comply with Town specifications.
I. 
Any damage to the public caused by improper installation will be the responsibility of the property owner.
Violation of this article or of any permit issued hereunder shall be punishable by a fine not to exceed $250 or by imprisonment not to exceed 15 days, or by both. In addition, any permit shall be revoked and any improvement erected thereunder will be removed.
[Adopted 9-15-1999 by L.L. No. 3-1999]
The Town Board finds that work done within Town highway rights-of-way by others than the Town highway department may create conditions hazardous to the public; may place an undue burden on the Town highway department that maintains such highways: and that the monitoring of all work done within Town highway rights-of-way according to specific standards authorized by § 130(7)(a) of the Town Law will be in the best interest of the health, safety and welfare of Town residents.
This article shall be known as the "Town Highway Work Permit Law."
This article applies to all that portion of the Town outside the Village of Youngstown.
The Town Board, upon the advice of the Superintendent of Highways, shall establish by resolution regulations governing the issuance of Town highway work permits, including fees to be charged, deposit of escrow funds or performance bonds guaranteeing completion of the work and liability insurance requirements.
Any person proposing to do work within Town highway rights-of-way must first obtain a highway work permit in accordance with the regulations approved by the Town Board in accordance with § 160-10 of this article.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any violation of the regulations approved by the Town Board in accordance with § 160-10 of this article shall be punishable by a fine of $250 or 15 days in jail, or both. In addition thereto, any permit involved will be automatically revoked.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).