[HISTORY: Adopted by the Town Board of the Town of Cochecton 12-12-1977 by Ord. No.
17. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes an individual, society, club, firm, partnership,
corporation, or association of persons, and the singular number shall
include the plural number.
No driveway shall be constructed in the Town of Cochecton which
enters a public highway, unless it conforms to and meets the following
specifications and requirements:
A.
If a building permit is required, the application for such building
permit shall show the location of the driveway on the plot plan which
is submitted with the application.
B.
No plot plan shall be approved, or building permit issued, unless
consent for the construction of the driveway shown thereon is consented
to by the state, county or Town official authorized to issue such
driveway permit.
C.
No driveway shall be constructed leading from a public highway in
the Town of Cochecton that will, in any way, impede or impair the
free flow of water through any highway drainage ditch.
D.
Any driveway constructed shall have installed beneath it a suitable
drainage pipe, of steel or iron or of such other material as the Superintendent
of Highways shall approve. Such pipe shall be at least 12 inches in
diameter, and not less than 20 feet long, nor more than 30 feet long,
and shall be laid to grade and in a manner which shall be approved
by the Superintendent of Highways, and such drainage pipe shall be
kept in repair by the owner of the driveway under which it passes.
E.
The proposed driveway, at the point of entrance into the public highway,
shall have the optimum sight distances and shall be of such grade
and width as to minimize any possible damage or injury to the highway
and to provide the maximum safety for all traffic in the entrance
of such driveway.
A.
Application for a permit under this chapter shall be made to the
Town Superintendent of Highways, in writing, in duplicate, and shall
contain the following information:
(1)
Full name and address of the applicant.
(2)
Full name and address of the owner or owners of the property for
which the driveway is to be constructed.
(3)
The location of the street or highway and the approximate place where
the driveway is to be constructed.
(4)
Such additional information as the Superintendent of Highways may
reasonably require.
(5)
A statement by the applicant that the applicant will perform the
proposed operations for which the permit is granted in full and strict
compliance with the conditions under which the permit is issued.
B.
Upon receipt of the application, as provided herein, the Town Superintendent
of Highways shall act thereon by either issuing or refusing to issue
a permit, and no permit shall be issued unless in compliance with
this chapter. Such permit, when issued, shall be effective for such
period of time not to exceed 90 consecutive days, to be specified
by the Superintendent of Highways.
C.
Upon notification by the person receiving such permit that the proposed
driveway is completed, the Town Superintendent of Highways shall inspect
the said driveway to determine if its completion is in accordance
with the permit. When the Superintendent of Highways is notified that
the conditions of the permit have been met, he shall issue a certificate
of compliance. There shall be no use of said driveway for any purposes,
except during construction, until such certificate of compliance has
been issued by the Town Superintendent of Highways. If a permit for
a driveway has been applied for, no certificate of occupancy shall
be issued until the certificate of compliance has been issued.
A.
Notwithstanding any other provisions of this chapter, any person
who violates or causes or participates in any offense against the
provisions of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $500 or by imprisonment for not
more than 15 days, or by both such fine and imprisonment.[1]
B.
Whenever any person shall have been notified in writing by the Superintendent of Highways that he is committing an offense against the provisions of this chapter, or of any permit or extension thereof issued hereunder, or is served with a summons or warrant accusing him thereof, each day that he shall continue such offense after such notification or service shall constitute a separate violation, punishable by a like fine or penalty, as provided in Subsection A above.
C.
Notwithstanding the penalties herein provided, the Town Board may
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any provisions of this chapter.
D.
The foregoing provisions for the enforcement of the regulations in
this chapter are not exclusive, but are in addition to any and all
other laws applicable thereto.
