[HISTORY: Adopted by the Town Board of the Town of Mount Hope as indicated in article histories. Amendments noted where applicable.]
No person, firm or corporation shall after the effective date of this article cut, construct or locate any driveway entrance or exit into a highway of the Town of Mount Hope without having first received permission to do so from the Superintendent of Highways of said Town.
Any person, firm or corporation desiring to make, construct or locate a driveway entrance or exit into a Town highway of the Town of Mount Hope shall make application for a permit so to do to the Highway Superintendent of said Town. In addition to the general "standard driveway entrance and exit crossing requirements" set forth in § 202-3 below, the Highway Superintendent of the Town of Mount Hope may impose any special requirement or make modifications which the particular situation at the location where such driveway is sought to be located requires in his judgment under the circumstances.
The standard driveway entrance and exit crossing requirements shall be as follows:
The applicant shall furnish all materials and bear all costs of construction within the Town highway right-of-way, pay the cost of all work done and materials furnished as required to meet the conditions of any permit issued by the Town Highway Superintendent.
No alteration or addition shall be made to any driveway heretofore or hereafter constructed nor shall any such driveway be relocated without first securing a new permit from the Town Highway Superintendent.
No more than two driveways to a single commercial establishment entering on one highway shall be permitted.
The maximum width for a single combined entrance or exit shall be not more than 50 feet for commercial use and not more than 25 feet for residential use. The maximum width for each residential driveway when two or more are permitted shall not be more than 35 feet. No driveway shall be of a width less than 16 feet.
The slope of the driveway shall not exceed a ten-percent grade with respect to the highway.
A minimum paved area of 20 feet in length (by driveway width), with a two-percent negative pitch, abutting Town road must be established, pavement base to consist of a minimum two inches run-of-bank gravel, item No. 4 or crusher run, pavement to be 2 1/2 inches asphalt with 3/8 inch stone mix (approved NYS 6F top mix No. 403.17). Additional drainage swales, culverts, etc., will be determined on a case-by-case basis.
No driveway shall be permitted within 50 feet of any public highway intersection.
No driveway will be permitted where a sight distance is less than 100 feet in each direction.
No driveway entrance shall be closer than 10 feet to side property line and side lot lines to be flagged.
Driveway markers (where driveway will be cut in off Town highway) must be in place at exact location and correct width for Highway Superintendent's inspection before permit will be issued. Markers must be of wooden stake or metal pipe type painted red or red flagged.
A fully dimensioned plan of the proposed driveway shall be attached to each application for a permit required thereunder.
Any culvert pipe required to be installed at such driveway entrance or exit shall be of corrugated metal pipe, or ADS N-12 type, no smaller than 15 inches in diameter and no shorter than 30 feet in length.
Any person, firm or corporation who violated the provisions of this article shall be guilty of an offense, punishable by a fine of not more than $250 or by imprisonment, in the case of an individual, for not more than 15 days, or by both such fine or imprisonment. In addition to the above -provided penalty and punishment for violations of this article, the Town Board may also 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 any violation of this article.
It shall be unlawful for any person, firm or corporate to make any opening or excavation in, or to tunnel under, any street, highway or public place in the Town of Mount Hope without having obtained a permit to do so from the Superintendent of Highways of said Town.
In addition to the requirements set forth herein, the Highway Superintendent of the Town of Mount Hope may impose any special requirements or make modifications which the particular situation at the location where the street opening is sought to be located requires in his judgment under the circumstances.
The conditions and reservations regulating the street openings on Town highways in the Town of Mount Hope shall be as follows:
The applicant shall furnish full information as to the nature of the work to be undertaken, location, details of structure(s) involved, etc., and shall attach a sketch showing location and area affected.
A properly executed copy of this permit must always be available on the work undertaken, to be submitted to the engineer at his request.
This permit shall not be assigned or transferred except with the written consent of the Highway Superintendent.
The work authorized by this permit shall be done to the complete satisfaction of the Highway Superintendent or his representative. In replacement of pavements, the following specifications shall be met: All excavation shall be backfilled with approval run-of-bank gravel to within six inches of road level; four inches of Item 4 or crusher run, and paving must consist of 2 1/2 inches of asphalt. Asphalt must be a mix with a three-eighths-inch-size stone (approved NYS 6F top mix No. 403.17).
The applicant shall erect and maintain suitable barricades and fences while the work is in progress and shall arrange the work so as to keep to a minimum inconvenience and delay to vehicular and pedestrian traffic. No street may be entirely blocked or closed to travel except as ordered by the Town Highway Superintendent. No excavation will be left open overnight for any reason.
Warning signs and suitable red lights shall be placed around any excavation 50 feet in front, facing the direction of travel. When directed by the Highway Superintendent or other designated officer, the applicant must provide competent persons to direct and expedite traffic.
The contractor will be responsible for any repairs on excavation for up to 12 months after work has been completed.
Notice shall be given by said applicant to the Highway Superintendent at least 48 hours in advance on the date when the work is to begin, and the Fire Chief of the district shall be immediately notified as to the location of the proposed street opening.
The applicant hereby agrees to indemnify and save harmless the Town of Mount Hope for 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 agrees, in consideration of this permit, that any present or future injury to or disturbance of the road, its pavement, shoulders, its slopes or gutters, caused by the work proposed under this permit shall be repaired by the applicant at his own expense and to the complete satisfaction of the Highway Superintendent.
The Highway Superintendent reserves the right to revoke or cancel this permit at any time should the applicant fail to comply with the terms and conditions herein prescribed.
The applicant's approved copy of this permit shall be in possession of the parties actually doing the work. It must be furnished on demand, to the Highway Superintendent or his representative.
This permit application hereby certifies that he has secured compensation for the benefit of, and will keep insured during the performance of the above-described work, such employees as are required to be insured by the provisions of Chapter 41 of 1914 and acts amendatory thereof, known as the "Workmen's Compensation Law."
Editor's Note: See now the Workers' Compensation Law § 1 et seq.
This permit application is subject to such other consent as is required by law.
This final surface restoration shall be completed with 20 days of completion of excavation.
Protection of existing structures. Proper bracing shall be maintained to prevent the collapse of adjoining ground; and, in excavating, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. It shall be the duty of the applicant to give written notice to any person or company whose structures, pipes, cables or conduits may be affected or endangered by the work, at least 24 hours before the commencing of such work, and it shall be the duty of the applicant to protect such pipes, cables, conduits or other structures from danger. No unnecessary damage shall be done to any tree or shrub or the roots thereof.
Any person, firm or corporation who violated the provisions of this article shall be guilty of an offense, punishable by a fine of not more than $250 or by imprisonment, in the case of an individual, for not more than 15 days, or by both such fine or imprisonment. In addition to the above-provided penalty and punishment for violations of this article, the Town Board may also 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 any violation of this article.