[HISTORY: Adopted by the Town Board of the Town of Mount
Hope as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-1990]
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:
A.
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.
B.
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.
C.
No more than two driveways to a single commercial establishment entering
on one highway shall be permitted.
D.
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.
E.
The slope of the driveway shall not exceed a ten-percent grade with
respect to the highway.
F.
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.
G.
No driveway shall be permitted within 50 feet of any public highway
intersection.
H.
No driveway will be permitted where a sight distance is less than
100 feet in each direction.
I.
No driveway entrance shall be closer than 10 feet to side property
line and side lot lines to be flagged.
J.
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.
K.
A fully dimensioned plan of the proposed driveway shall be attached
to each application for a permit required thereunder.
L.
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.
[Adopted 5-14-1990]
A.
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.
B.
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:
A.
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.
B.
A properly executed copy of this permit must always be available
on the work undertaken, to be submitted to the engineer at his request.
C.
This permit shall not be assigned or transferred except with the
written consent of the Highway Superintendent.
D.
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).
E.
Traffic conditions:
(1)
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.
(2)
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.
F.
The contractor will be responsible for any repairs on excavation
for up to 12 months after work has been completed.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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."[1]
[1]
Editor's Note: See now the Workers' Compensation Law § 1
et seq.
M.
This permit application is subject to such other consent as is required
by law.
N.
This final surface restoration shall be completed with 20 days of
completion of excavation.
O.
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.
