[HISTORY: Adopted by the Board of Trustees of the Village
of Whitesboro 9-27-2004 by L.L. No. 2-2004. Amendments noted where
applicable.]
The purpose of this chapter is to protect the health and safety
of the citizens and visitors of the Village of Whitesboro. Furthermore,
this chapter is intended to protect the interests of the Village with
respect to its sidewalks and rights-of-way. The interests of adjoining
neighbors is also being addressed by this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
That portion of a property used to provide ingress and egress
to and from a public roadway, unless such roadway is controlled by
the State of New York.
The Codes Enforcement Officer is responsible for the enforcement
of the provisions of this chapter. The Highway Superintendent and/or
Police Department shall assist the Codes Enforcement Officer in determining
the safety and potential traffic hazards and other concerns of the
proposed driveway.
No person or business shall construct or alter any driveway
giving access to any roadway within the Village without first making
application for and obtaining a permit for such construction from
the Codes Enforcement Officer. The driveway must be installed/improved
within one year of the issuance date of any permit or it shall be
deemed void.
The application for such permit shall be made upon forms to
be provided by the Codes Enforcement Officer. Such application shall
include the following information: the exact location of such proposed
driveway; the location of other driveways and roadways on both sides
of the street within 100 feet of such proposed driveway; the grades
of such proposed driveway; and the size of proposed culvert pipes
where required, together with such other information as may be required
by the Codes Enforcement Officer. The fee for such permit shall initially
be $25 for a driveway constructed for R1 or R2 residential property
uses and $75 for all other uses. The Village Board, by resolution,
from time to time shall be entitled to revise such fee(s).
A.
Curb cuts must be approved by a resolution of the Village Board of
Trustees. Properties with no curbing shall be treated similar to properties
with curbing and require approval by resolution of the Village Board
for the installation of a driveway over the Village right-of-way.
B.
Any curbs, which are cut for the installation/altering of a driveway,
shall be done in accordance with the specifications of the Village
of Whitesboro, which specifications shall be set by the Highway Superintendent.
C.
No person shall be entitled to cut a curb adjoining a Village roadway
without the approval of the Board of Trustees of the Village of Whitesboro
upon such condition(s) as it may deem appropriate.
D.
Road cuts shall not be permitted nor shall any materials used for
the driveway be added to or left in the public roadway unless the
written consent of the Highway Superintendent is given.
The Codes Enforcement Officer shall issue a permit for the installation
and altering of existing driveways upon satisfaction that the location
of such driveway shall not constitute a traffic hazard or unreasonably
interfere with the use of existing driveways and that the size of
culvert pipes (when required) to be installed are of sufficient size
to accommodate the existing flow of surface waters and any increased
flow reasonably to be anticipated as a result of future area development.
[Amended 11-8-2021 by L.L. No. 2-2021]
Driveways shall not be located within the framework of any dwelling
unless it runs substantially perpendicular from the public road to
a garage attached to the house. Driveways shall otherwise only be
located in side yards. Driveways may extend from the inner line of
the garage or side of the house/building to the owner's boundary line
on the same side of the property. Such space shall be a minimum of nine
feet and a maximum of 20 feet in width with a maximum curb cut of
22 feet. Residential properties shall not have more than one driveway.
New driveways for commercial properties shall require approval of
the Village Board, which may seek a recommendation of the Village
Planning Board or Board delegate
Any driveway which is installed over an existing public drainage
ditch shall include a culvert which shall be installed by the Village
of Whitesboro in accordance with its specifications. The owner shall
pay the Village for the cost of materials used for the culvert prior
to the issuance of a driveway permit.
Any driveway or curb cut which has not been used for a period
of five years shall be deemed abandoned. In any such case the use
of such driveway/curb cut shall be prohibited unless a permit is obtained
hereunder. This provision shall be applied retroactively.
All new or altered driveways shall have an impervious surface
constructed with concrete, asphalt or brick. The portion of the driveway
which crosses an existing sidewalk must be made with concrete and
be of a depth of not less than six inches.
Any person violating any provision 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 $250
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the
provisions of this chapter shall constitute a separate violation for
each day the offense is continued.
