[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.]
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.
