[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).
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.
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.
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.
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.
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 or area shall be a minimum of nine feet in width and 19 feet in length. 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 delegate by resolution the authority to approve such installation to the Planning Board.
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.