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.
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.
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.
L. An application may be made to the Zoning Board of Appeals for a variance from the requirements of this section, except for Subsection
A. An application may be made to the Town Board for a variance of Subsection
A.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
CONSTRUCTION
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.
CURB CUT AND ROAD OPENING
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.
DRIVEWAY
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.
RECONSTRUCT
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.
RESURFACE
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.