[HISTORY: Adopted by the Town Board of the
Town of Kingston 10-3-1988 by L.L. No. 2-1988; amended in its entirety 12-16-2015 by L.L. No. 5-2015. Subsequent amendments noted where applicable.]
It is the purpose of this chapter to set forth permit or letter
of permission requirements for construction of driveways from private
lands onto a Town public highway in the Town of Kingston and to provide
safe access for emergency vehicles.
No person, firm or corporation may enter from private lands
onto a Town public highway in the Town of Kingston without obtaining
a permit from the Superintendent of Highways. The Superintendent of
Highways will consider sight distance, terrain, drainage problems,
etc., before granting or denying the permit.
A.
The application for a driveway permit shall be made in duplicate
on forms supplied by the Superintendent of Highways. One duplicate
original shall be filed with the Code Enforcement Officer and the
other with the Superintendent of Highways.
B.
A certificate of insurance covering the Town of Kingston for work
performed under this permit shall be supplied with the application.
A.
The owner, developer/contractor shall obtain all necessary permits
and construct all driveway entrances to the satisfaction of the Town
of Kingston Highway Superintendent. The Town of Kingston permit form
is available from the Town of Kingston Highway Superintendent.
B.
All necessary driveway entrances within subdivisions shall be implemented
at the time of construction of the subdivision access routes.
A.
Width of driveway. The driveway shall be at least 12 feet wide.
B.
Vertical clearance. Trees and branches shall be pruned to provide
at least 15 feet of clearance above the travel way.
C.
Horizontal clearance. Trees and shrubs shall be cleared at least
10 feet from both sides of the center line of the travel way.
Shoulders shall conform to the following:
The travel way shall be an all-weather surface comprised of
one of the following:
A.
Asphalt or concrete pavement, 2.5 inches compacted thickness on an
approved, well-drained granular foundation base, eight inches thick.
B.
Compacted crushed stone, four inches minimum thickness on an approved,
well-drained granular foundation base, eight inches thick.
C.
Masonry or cut stone pavers fitted and secured in place on an approved,
well-drained granular foundation base, eight inches thick.
The inside radius of any horizontal curve shall be no less than
35 feet.
For all driveways longer than 250 feet, a turnaround having
a seven-percent maximum grade shall be provided within 50 feet of
the house, comprised of one of the following:
A.
The driveway should be as close as possible to 90° to the intersecting
roadway to facilitate turns from both directions.
B.
Where the driveway approach is less than 75°, approval of the
ZBA, with consultation of the Sawkill Fire Chief, is required.
C.
Driveways shall not have a grade of more than 5% within 30 feet of
the edge of the pavement of the intersecting roadway.
Pipe crossings, septic tanks and leach fields are considered
to be potential hazards for emergency vehicles.
A.
All such hazards that are within 30 feet of the center line of any
driveway, turnout or turnaround shall be signed to warn emergency
vehicles.
Driveways and shoulders shall be maintained year around, including
the removal of snow.
If a site plan is required, before a driveway permit is issued,
the following shall be included in the property site plan:
The Code Enforcement Officer, the Sawkill Fire Chief, or a representative
of the Sawkill Fire Company appointed by the Sawkill Fire Chief shall
have the right to enter upon the property throughout the construction
phase to inspect the construction of the driveway.
An as-built drawing of the completed driveway shall be submitted
to the Code Enforcement Officer prior to issuance of a certificate
of occupancy, certifying that the driveway was constructed per the
approved site plan. A New York State licensed professional engineer,
architect, landscape architect or surveyor shall make the certification.
A.
On structures easily visible from the roadway, the 911 address shall
be posted on the structure so it can be seen from the roadway.
B.
On structures not easily visible from the roadway, the 911 address
shall be posted at the entrance of the driveway.
C.
In all cases, the 911 address shall be at least four inches high,
weatherproof, and visible in all weather conditions.
In the event the driveway is not constructed in accordance with
the instructions of the Town Superintendent of Highways, the owner
will be given the opportunity to redo the work, or the Superintendent
of Highways may, at his discretion, redo the work; the cost of same
shall be charged against the owner of the property and, if unpaid,
will be assessed against the land on which the driveway was erected.
If the owner shall fail to pay the cost and expenses incurred by the
Town of Kingston within 10 days after being notified of the cost thereof
by registered or certified mail, the Town Clerk shall file, immediately
preceding the time for making the annual assessment roll, a certificate
of such actual cost and expense with statement as to the property
upon which such cost was incurred. The Assessor of the Town of Kingston
shall, in preparation of the next assessment roll of the Town of Kingston,
tax and assess such amount upon such property, and the same shall
be levied, collected and enforced in the same manner, by the same
proceedings, at the same time, under the same penalties and having
the same lien upon the property assessment as general Town tax and
as a part thereof.
A.
In addition to the lien provisions in § 162-21, Enforcement, violations of this chapter shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
B.
C.
The imposition of penalties herein prescribed shall not preclude
the Town or any person from instituting appropriate legal action or
proceeding to prevent an unlawful erection, construction, alteration,
repair, conversion, maintenance or use or to restrain, correct or
abate a violation.
