[Adopted 6-9-1988 by L.L. No. 1-1988]
Findings:
A. 
The Town Board of the Town of Delaware hereby finds that the unregulated construction of driveways for use by vehicles to and from Town highways presents a hazard to the public and interferes with the maintenance of Town highways by the Town of Delaware Highway Department.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Town Board further finds that to prevent unregulated construction of driveways for use by vehicles, permits shall be required to insure that such driveways shall meet certain minimum standards.
Unless the context requires a different meaning, the following terms shall mean:
DRIVEWAY
An access drive, whether or not improved, whereby a motor vehicle, as defined in the Vehicle and Traffic Law, shall have access to or from a Town highway and the adjacent property.
SUPERINTENDENT
The Town of Delaware Highway Superintendent.
ZONING LAW
The Town of Delaware Zoning Law. (See Chapter 220, Zoning.)
A. 
No property owner or occupant shall construct or reconstruct a driveway unless such owner shall have obtained a permit from the Superintendent.
B. 
No property owner or occupant shall use a driveway hereinafter constructed or any driveway which is hereinafter reconstructed without having first obtained a permit from the Superintendent.
A. 
A property owner or occupant who intends to use a driveway shall submit to the Superintendent a plan of the driveway with sufficient detail to show that construction or reconstruction of such driveway shall satisfy the requirements set forth in § 180-5 of this article, together with an area map showing that such driveway complies with the sighting and location requirements of Chapter 220, Zoning, and such other laws as may be applicable.
B. 
If the Superintendent is satisfied that the information contained in the application for a permit will result in construction of a driveway that complies with this article, he shall issue a construction permit. Upon completion of the construction of the driveway, the Superintendent shall issue a final permit if such driveway shall, as constructed, comply with this article.
C. 
A permit shall be deemed filed when all of the information required by this article shall have been furnished to the Superintendent, together with a fee as established by the Town Board by resolution.
A. 
Driveway grades.
(1) 
Driveway grades shall be constructed to slope downward from the edge of road pavement to the existing drainage or ditch line.
(2) 
Driveway must have suitable drainage ditches and be crowned no less than 1/4 inch per foot.
(3) 
Area of driveway between edge of road pavement and ditch line shall have a suitable base of at least eight inches of gravel or equivalent.
(4) 
Driveways with pavement starting at the edge of existing road pavement shall slope downward to the center line of existing ditch with a minimum slope of 1/4 inch per foot.
(5) 
Where existing driveways are to be paved or repaved and do not meet the requirements given herein, they shall be regraded to meet the minimum standard acceptable to the Town of Delaware Highway Department.
(6) 
Drainage of highway ditches shall not be impeded. All driveway pipes must be installed to conform with the existing grade of a ditch or drainage line.
(7) 
No part of any driveway shall be constructed outside of the frontage of an applicant's property. Location of a driveway shall comply with Chapter 220, Zoning, and all applicable local laws of the Town of Delaware.
B. 
Driveway pipes.
(1) 
All driveway culvert pipe with necessary collars, couplings or connectors must be furnished by the applicant.
(2) 
Culvert pipe must be new or in a condition acceptable to the Town of Delaware Highway Department.
(3) 
Minimum diameter of pipe for normal drainage area shall be 12 inches. If watershed or drainage area warrants a larger pipe, the size determined and recommended by a licensed professional engineer or the Superintendent of Highways shall be installed.
(4) 
The length of pipe installation shall be 20 feet minimum, not exceeding 40 feet maximum.
(5) 
A waiver or modification of the requirements contained herein may be given, at the discretion of the Town of Delaware Highway Superintendent, in those instances where strict enforcement thereof would not be in the interest of the health and safety of the residents of the Town of Delaware.
(6) 
Installation of driveway culvert pipe shall be subject to approval of a permit.
C. 
The Superintendent shall adopt reasonable regulations concerning the method of construction and materials to be used.
A. 
Criminal penalty. A person who shall have violated this article shall be guilty of a violation and, upon conviction, shall be punishable by a fine not exceeding $250 or imprisoned for a term not exceeding 15 days, or both. Each separate day of violation shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Town Attorney may enforce this article by injunction.
C. 
Civil penalty. A person who shall have violated this article shall be subject to a civil penalty not to exceed $100 per each violation. Each separate day of violation shall constitute a separate violation.
D. 
The Superintendent may construct a barrier in front of any driveway hereinafter constructed or reconstructed in violation of this article. Such barrier shall be located within the Town Highway right-of-way.