Village of Washingtonville, NY Article IIB Driveway Construction

[Adopted 7-11-1988 by L.L. No. 6-1988

Editor's Note: This local law comprised former Article II, Openings, Excavations, Driveways, Sidewalks, Curbs and Gutters, which article became Articles IIA and IIB 6-9-1997 by L.L. No. 2-1997.

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§ 148-14 Driveway permit required.

[Amended 6-9-1997 by L.L. No. 2-1997]

No construction of driveway entrances or exits, sidewalks, curbs or gutters and no alteration, change, relocation or reconstruction of existing driveway entrances or exits, sidewalks, curbs or gutters, except surfacing or resurfacing of an existing driveway, shall be undertaken by owners or occupants of property abutting on public or private highways or streets for any purpose whatsoever until a permit (hereinafter referred to as a "driveway permit") has been obtained from the Superintendent of Public Works as hereinafter provided. Compliance with the requirements herein does not relieve any obligation to comply with any other law or regulation.

§ 148-15 Application.

[Amended 6-9-1997 by L.L. No. 2-1997]

A. Applications for driveway permits shall be filed, in writing, with the Village Clerk upon application forms provided by the Clerk. Applications shall be made in the name of the person seeking to have the work done and of the contractor performing the work and shall state the type, location, extent and purpose of the proposed opening or excavation. The Clerk shall forward the completed application to the Superintendent of Public Works and a copy to the Code Enforcement Officer.

B. Any such permit, when issued by the Superintendent of Public Works, shall be effective for such period of time, not to exceed 60 consecutive calendar days, as specified thereon. Such specified period of time may be extended for the completion of the work, if so requested, in writing, by the permittee prior to the expiration date, for such additional period or periods of time as authorized by the Superintendent of Public Works.

C. All driveway permits shall contain the following conditions which must be complied with by the permittee:

(1) A driveway at the point of entrance on the highway or street shall have the optimum of sight distances, both vertical and horizontal.

(2) The grade, width and drainage of a driveway shall minimize any possible damage or injury to the highway or street and shall be such as to provide the maximum safety for all traffic on the highway or street in the area of the entrance of the driveway.

(3) Any requirements imposed on or pursuant to an approved subdivision plat or site plan.

(4) Any additional requirements imposed by the Superintendent of Public Works for the preservation of highways, streets and the village system for drainage of surface waters and for minimizing hazards and dangers to the traffic.

(5) Agreement by the applicant to indemnify the village and hold the village harmless from all claims, damages, injuries, costs, actions and proceedings brought by any person for injury to person or property resulting from or occasioned by any act or omission of the person to whom the permit is issued or by anyone acting thereunder on his behalf.

D. Upon notification by the permittee of the completion of the work, the Superintendent of Public Works shall inspect the work to determine that it is properly completed and meets all permit conditions and, if so, he shall issue a certificate of compliance.

E. No certificate of occupancy shall be issued by the Code Enforcement Officer for any building or structure to which access is provided by a driveway constructed pursuant to this article until such certificate of compliance has been issued.

F. The Board of Trustees may by resolution revise the above permit conditions and adopt additional or different permit conditions.

§ 148-16 Permit fees and security deposits.

[Amended 6-9-1997 by L.L. No. 2-1997]

A. Each applicant must pay a permit fee in an amount established, and as may be amended from time to time, by resolution of the Board of Trustees. No permit fee hereunder shall be charged where a driveway is constructed in connection with new construction for which a building permit fee has been paid and a building permit obtained.

B. Each application shall be accompanied by a deposit (security deposit) of $500 or such higher amount as the Superintendent of Public Works deems adequate to secure the cost of restoring any road area or drainageway or improvement or other area within the public right-of-way or to cause compliance with any condition of the permit. Said security deposit shall be in the form of cash or a certified check. Notwithstanding the amount of the security deposit, the applicant shall be responsible for the full cost of restoration and permit compliance. All unused security deposits shall be returned to the applicant.

C. The security deposit shall be retained by the village until a certificate of compliance is issued by the Superintendent of Public Works as provided in § 148-15.

D. Upon the failure of the permittee to meet any of the terms, agreements, covenants and conditions of the permit, said deposit may be used by the village for any expense incurred by the village by reason of such failure. Any balance remaining after the expense to the village caused by such failure, as determined by the Superintendent of Public Works, has been paid from the amount of the deposit shall be refunded to the permittee.

§ 148-17 Private roads.

When entrance on a private road is involved, proof of easement from the fee owner of said road is required.

Editor's Note: Original Article III. Prior Notice of Defects, consisting of §§ 12 and 13, which immediately followed this section, was deleted 5-8-1995 by L.L. No. 5-1995. For current provisions, see Ch. 119, Notification of Defects.

§ 148-18 Mailbox installation.

[Added 11-7-1994 by L.L. No. 7-1994

Editor's Note: This local law also provided for the renumbering of former §§ 148-18, 148-19 and 148-20 as §§ 148-20, 148-22 and 148-23, respectively.

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Every owner or occupant of property shall install any mailbox solely in compliance with the rules and regulations of the United States Postal Service. The mailbox shall be installed in such a manner which will not interfere with the speedy and efficient removal of snow and/or ice from the other right-of-way by the Highway Department. The installation of a mailbox within any public right-of-way shall be at the sole risk and liability of the owner or occupant of the abutting real property, and the Village of Washingtonville shall not be liable for any damage to any such mailbox.

§ 148-19 Trees, shrubs and hedges.

[Added 11-7-1994 by L.L. No. 7-1994]

A. Every owner or occupant of any building and every owner or person possessing an ownership interest of vacant property shall be required to properly trim all trees, shrubs and hedges on such property so as not to obstruct any street or sidewalk. Such owner, occupant or person shall also be required to trim tree limbs which overhang any street or sidewalk such that the limb is not less than eight feet above the center of the sidewalk and not less than 13 feet above the street, measured at a point five feet from the curbline.

B. No person shall sweep, rake or otherwise deposit leaves, grass, clippings or branches on a sidewalk or street, except at times and places designated by the Board of Trustees for leaf pickup.

§ 148-20 Penalties for offenses; additional remedies.

[Amended 11-7-1994 by L.L. No. 7-1994; 6-9-1997 by L.L. No. 2-1997]

A. Any person, firm or corporation who violates the provisions of this chapter shall be guilty of an offense, punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both such fine and imprisonment. Notwithstanding the above, any person, firm or corporation who violates § 148-18 or 148-19 shall be subject to a fine not exceeding $25 for each such violation. Each day that a violation continues shall constitute a separate and distinct violation.

B. In addition to and not in lieu of the above, the Board of Trustees may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with and/or to restrain by injunction any violation of this chapter.

C. In addition to and not in lieu of the above, in the event that any person, firm or corporation fails to comply with the terms of this chapter or rules or regulations promulgated hereunder or fails to comply with any permit condition or fails to properly restore the highway right-of-way or improvement therein upon completion of work, the village may, upon due notice, correct the work and/or restore the disturbed right-of-way and improvement at the cost and expense of the applicant(s) and/or property owner. The total cost of the work performed by the village, its employees, agents or contractors, including reasonable engineering and attorney's fees, shall be billed to the applicant(s) and/or property owner, and, if not paid within 30 days, said cost may be a lien on the property and shall be levied, assessed and collected in the same manner as real property taxes.

§ 148-21 Enforcement officers.

[Added 11-7-1994 by L.L. No. 7-1994; amended 6-9-1997 by L.L. No. 2-1997]

This article and all laws and regulations affecting streets and sidewalks shall be enforced by the Police Department, Superintendent of Public Works or Code Enforcement Officer.