Town of Pine Plains, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of Pine Plains 5-15-1986 by L.L. No. 3-1986. Amendments noted where applicable.]
Fees — See Ch. 155.
Subdivision of land — See Ch. 230.
Zoning — See Ch. 275.
The unregulated installation of private driveways may cause interference with or damage to the Town highways. In order to ensure the proper maintenance and safety of Town highways, all driveways of any use must be installed and maintained in accordance with standards established by this chapter and a permit issued by the Town Highway Superintendent prior to their installation or prior to any repair thereof which will change the character of said highway.
No person shall install or construct a private driveway for any use with access on the Town highway without first obtaining a permit from the Town Highway Superintendent, nor shall such person be entitled to obtain a building permit for a lot or parcel of land where no prior driveway existed until such permit is obtained.
Prior to the installation or the repair of any portion of a private driveway at the point at which said driveway enters the Town highway of the Town of Pine Plains, the owner or agent making said installation or repairs shall apply to the Town Highway Superintendent for a driveway permit on written forms provided by the Highway Superintendent.
Upon the receipt of said application, the Highway Superintendent shall make a physical examination of the proposed driveway and shall determine whether or not the proposed location of said driveway, the grade, the elevation, and the width thereof are in keeping with the proper maintenance of Town highways; and he may thereafter issue a written approval of said driveway, setting forth the width thereof and the nature of any improvements required, including but not limited to drainage improvements. The Highway Superintendent may impose such conditions as he deems reasonably necessary to permit such access in a manner consistent with the safety of use and the integrity of the public highway. Any permit issued by the Highway Superintendent shall be subject to continuing compliance with such conditions, and failure to observe such conditions shall subject such permit to revocation after notice and opportunity to be heard.
The Highway Superintendent may deny an application for a driveway permit in the event he determines that the proposed location or manner of construction will cause damage to the public highway or in the event he determines that the location of said driveway or manner of said construction will cause a safety hazard to those traveling on said public highway.
Upon the receipt of the written approval of the Highway Superintendent, the owner or agent may proceed to install said driveway in accordance with said approval and shall thereafter not deviate from the terms of said approval without further application to the Town Highway Superintendent.
The Town Highway Superintendent is hereby authorized to remove any driveways within the public right-of-way which do not conform to the specifications as set forth in any permit granted to the agent or the owner of any driveways for which a permit has not been granted.
A person who shall violate the provisions of this chapter shall be guilty of an unclassified offense and upon conviction thereof may be fined a sum not to exceed $100 for each violation. Each week that the violation shall continue shall be deemed a separate offense.