[HISTORY: Adopted by the Town Board of the
Town of Pleasant Valley 10-11-2017 by L.L. No. 4-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 79.
Subdivision of land — See Ch. 82.
Zoning — See Ch. 98.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 46, Driveways and Highway Work Permits, adopted 8-15-2001
by L.L. No. 11-2001.
No curb cut, road opening or driveway entrance or exit and no
alterations, change, change of use, relocation, reconstruction, or
resurfacing of an existing driveway entrance or exit, road opening
or curb cut, subsequently herein referred to as an "operation," shall
be constructed by owners and occupants of property abutting on Town
highways for any purpose whatsoever until a written permit thereof
has been duly issued as herein provided and in accordance with the
procedures otherwise set forth in this article.
A.
Application for a permit under this article shall be made to the
Superintendent of Highways, in writing, in duplicate, on a form prescribed
by the Highway Superintendent for each such operation and shall contain
the following information:
(1)
Full name and address of the applicant.
(2)
Full name and address of the owner or owners of the property in front
of which the operation is to be performed.
(3)
Site plan inclusive of approved locations of proposed driveway, building(s),
well and septic system along will all departmental approval documents.
(4)
The date or dates when the proposed operation is to be commenced
and the date or dates when the operation is to be completed. Driveway
permits expire after one year with a renewal of one additional year,
at 50% of the original fee, if filed prior to expiration.
(5)
Applicant is responsible to the New York State Underground Utility
Protection Law relating to, but not limited to, electric lines, cable
TV, gas, telephone, etc.
(6)
Any additional information which may be reasonably required by the
Superintendent of Highways.
(7)
A signed statement by the applicant that said applicant agrees to
perform the proposed operation for which the permit may be granted
in full and strict compliance and in accordance with the conditions
of the permit, and any and all provisions of the Town Law and other
applicable statutes and laws and ordinances of the Town of Pleasant
Valley.
B.
Upon receipt of the application as provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or denying a permit. No permit shall be issued by the Highway Superintendent except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of Pleasant Valley.
C.
Any change of use of property served by a driveway shall require
a new application and a new permit.
D.
Exceptions. The resurfacing of an existing driveway, as defined in § 46-6, that is in compliance with existing and/or current requirements, shall enable the Superintendent of Highways to waive the requirements of this section, including, but not limited to, the requirement for a permit application and all associated fees.
Said permit, when issued, shall contain the following conditions
to be complied with by the permittee:
A.
The proposed driveway, road opening or curb cut, at the point of
entrance on the Town highway, shall have an unobstructed sight distance
of 300 feet minimum to 400 feet maximum, in either direction, to be
determined by posted speed limit. This shall be measured from a point
12 feet in from the edge of the Town highway.
B.
The grade, width and drainage of said proposed driveway work, road
opening or curb cut shall minimize any possible damage or injury to
the Town highway and shall be such as to provide the maximum safety
for all traffic on the Town highway in the area of the entrance of
said proposed driveway, road opening or curb cut on said Town highway.
A blacktop apron, as required by the permit specification and/or Highway
Superintendent, shall be the only material allowed to abut to a Town
road.
C.
The maximum width for a single combined entrance and exit shall be
not more than 30 feet for residential use, measured at the property
line.
D.
The angle of the driveway with respect to the pavement of the highway
shall not be less than 60°.
E.
No driveway shall be permitted within 50 feet of any public highway
intersection.
F.
Grades.
(1)
All driveways with a grade of 3% or more but less than 6% which are
downgradient toward the road shall be paved their first 100 feet from
the edge of the highway pavement or the length of the driveway which
is downgradient toward the highway, whichever is less.
(2)
All driveways with a grade of 6% or more downgradient toward the
highway shall be paved for the length of the driveway which is immediately
downgradient toward the highway or the first 100 feet, whichever is
greater.
(3)
No portion of any driveway shall exceed a grade of 15% in either
the upgradient or downgradient direction.
(4)
Any changes in grade, location or these requirements can be made
with the approval of the Superintendent of Highways and the Engineer
for the Town.
G.
All driveways over 1,000 feet in length from a state, county, or
Town highway shall be marked with appropriate markings approved by
the Fire Department to facilitate the fighting of fires and provision
of emergency services. Pleasant Valley Fire Advisory Board recommendations
may be instituted as requirements in addition to the provisions of
this section or any other section of the Town of Pleasant Valley Building
Code.[1]
H.
All driveway work, curb cuts or road openings resurfacing, etc.,
shall have a blacktop apron as designated on the driveway permit application
or as designated by the Highway Superintendent.
I.
Any additional requirements which may be imposed by the Superintendent
of Highways for the preservation of the Town highway at the point
of entrance of the proposed driveway, road opening or curb cut onto
the Town highway and for minimizing hazards and dangers to the traffic
on said public highway.
J.
The Superintendent of Highways shall determine if a culvert pipe
or a swale shall be required. If a swale is required, it shall be
located at the ditch line so water will follow the ditch line and
not flow into the Town road. If a culvert pipe is required, it is
to be located in the ditch line so as to permit water to flow under
the driveway unobstructed.
K.
Roadway and right-of-way must be kept clean of all debris, mud, stone,
etc. Any permit may be revoked if the applicant does not comply.
Upon notification by the permittee of the completion of the
proposed driveway work, the Superintendent of Highways and/or Town
Engineer shall inspect said driveway to determine that its completion
is in accordance with the permit and any associated requirements.
When the Superintendent of Highways is satisfied that the conditions
of such permit have been met, he shall issue a certificate of compliance.
There shall be no use of such driveway for any purpose other than
the construction of same until such certificate of compliance has
been issued. No certificate of occupancy shall be issued by the Building
Inspector and/or Zoning Administrator of the Town of Pleasant Valley,
or his duly appointed agent, until a certificate of compliance has
been issued for the driveway.
A.
In order to have a permit issued, the applicant shall pay, by certified
check, cash or money order, the following:
(1)
Fees to cover the cost of issuing the permit, supervision and inspection
of the operation done in connection therewith; said fees to be in
that amount as set forth in the Town of Pleasant Valley fee/deposit
list filled in the office of the Town Clerk; which fee/deposit list
may from time to time be modified pursuant to resolution of the Town
Board.
(2)
Deposits to secure the proper excavation and restoration of the pertinent
excavated areas as set forth in the Town of Pleasant Valley fee/deposit
list filed in the Office of the Town Clerk, which fee/deposit list
may from time to time be modified pursuant to resolution of the Town
Board.
(a)
Said deposit shall be retained by the Town of Pleasant Valley
until a certificate of compliance shall have been issued by the Superintendent
of Highways.
(b)
Upon failure or default by the permittee of or in any of the
terms, agreements, covenants, including the use of a proper culvert,
and conditions of the permit on the permittee's part to be done,
performed or completed, said deposit may be used by the Town, in order
to complete the work to compliance, by reason of such failure or default
on the part of the permittee; and any balance left after the expense
caused by such default or failure, as determined and certified by
the Superintendent of Highways, has been paid and deducted from the
amount of the deposit, shall be refunded to the permittee.
(c)
The completion of all conditions set forth on any permit shall
be a condition precedent to the issuance of the pertinent certificate
of occupancy.
B.
In the event of a seasonal, material availability, weather related,
or any other circumstance deemed exceptional and/or out of the control
of the applicant preventing the completion of a driveway, at the sole
discretion of the Highway Superintendent and/or Town Engineer, a temporary
certificate of occupancy may be granted. A time limit shall be set
for the completion of the driveway that is reasonable as it relates
to the circumstances of the delay. In no event shall a temporary certificate
of occupancy be authorized for a period to exceed six months. If the
driveway is not completed within the period of extension, the Town
has the right to contract for the completion of the drives using the
escrow payment.
As used in this chapter, the following terms shall have the
meanings indicated:
Any work for the installation of a new driveway/curb cut
or an addition/extension to an existing driveway/curb cut or work
on an existing driveway/curb cut not being relocated.
Temporary or permanent access from an existing road to any
off-road use. An existing "occasional use" access being repurposed
as "active use" and/or modified in any way shall be considered a new
driveway and shall fall under the provisions of this chapter.
Access to an existing single-family dwelling or to an active
commercial establishment with at least one existing commercial building.
Existing "occasional use" or other access points to allow for off-road
access are not considered driveways. Farm use access points are also
not considered driveways.
The removal and/or relocation, and subsequent replacement,
of a section, portion of or the entire removal and replacement of
an existing permitted or nonpermitted driveway.
To blacktop, cement or install paving blocks over an existing
blacktop, cement or paving block driveway that meets existing code
provisions or has been permitted and accepted as an approved driveway
via the provisions of this article. Item 4 or other such aggregate
material is not considered resurfacing.
A.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
B.
In addition to the foregoing in the event any violations exist, the
code enforcement officer is also authorized to issue a stop-work order
for violations associated with this chapter.
