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Town of Walton, NY
Delaware County
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Code
New Laws (1) Index
[HISTORY: Adopted by the Town Board of the Town of Walton as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-1989 by L.L. No. 2-1989; amended 10-15-1990 by L.L. No. 1-1990]
A Local Law Amending Local Law No. 2 of the Town of Walton for the Year 1989 With Respect to Regulation of Access to Town Highways.
A. 
No person, firm, corporation, association or other organization shall commence the construction, enlargement, alteration, or improvement of an access road or driveway from private lands to a Town highway located within the Town of Walton without having applied for and obtained an access permit from the Town Highway Superintendent.
B. 
Applications for an access permit may be obtained from the Office of the Town Clerk of the Town of Walton. The completed application shall be delivered to the Town of Walton Highway Superintendent and shall contain the following information:
(1) 
The signature of the applicant or authorized agent.
(2) 
A description of the site upon which the proposed work is to be done.
(3) 
A statement of the use or occupancy of the land which is being accessed.
(4) 
A brief description of the proposed work.
(5) 
The full name and address of the owner and applicant and, if either be a corporation, the names and addresses of its responsible officers.
(6) 
Two sets of plans and specifications of the proposed work.
(7) 
The fee specified by this article.
(8) 
A statement granting applicant's permission for the Town Highway Superintendent or his representative to enter upon the premises as frequently as he deems necessary to inspect the same for compliance.
C. 
Conditions and regulations upon which permits shall be granted.
(1) 
This permit shall not be assigned or transferred without the written consent of the Town Highway Superintendent or his representative.
(2) 
The work authorized by this permit shall be performed under the direction and to the satisfaction of the Town Highway Superintendent or his representative.
(3) 
The Town Highway Superintendent shall be given one week's notice by the permittee of the date when it intends to begin the work authorized by this permit and prompt notice of its completion.
(4) 
The said permittee shall be responsible for all damages resulting in bodily injury, including death, and/or property damage liability due to activities of the permittee, its contractors, subcontractors of either or both, agents or employees in connection with any act or omission hereunder; and does hereby expressly agree to indemnify and save harmless the Town of Walton, the Town Highway Superintendent and representatives and employees from claims, suits, actions, damages and costs of every name and description arising out of or resulting from any act or omission hereunder.
(5) 
Unless expressly waived by the Town Highway Superintendent, the permittee shall furnish with the foregoing application a certificate of protective liability insurance issued to and covering the liability of the Town of Walton and the Town Highway Superintendent and all employees of the Town of Walton, with respect to all operations under this permit by the permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the county. The limits of liability in such policy shall be not less than $100,000 per accident or occurrence covering bodily injury (including death), and property damage during the policy period; such policy shall state that it will not be changed or cancelled until 10 days' written notice has been given to said Town Highway Superintendent and acknowledged.
(6) 
The enumeration in this permit of the kind and amount of insurance shall not abridge, diminish or affect the permittee's legal responsibilities for the consequences of accidents arising out of or resulting from the operations of the permittee under this permit.
(7) 
Cash or a certified check in the amounts specified must be deposited with the Town Clerk before or at the time of issuance of this permit by the Town Highway Superintendent. This shall be deemed to include a fee as specified, and the balance is to be used as security that the highway or any part thereof will be restored to its original condition where disturbed, at the expense of the permittee, as soon as the work has been completed, and the Town Highway Superintendent is hereby authorized to expend all or as much deposit as may be necessary for that purpose, should the said permittee neglect or refuse to perform the work. Upon satisfactory restoration by the permittee, any remaining balance shall be returned. The following fees are adopted:
Fees
Residential Drive
Commercial or Development
Temporary, Such as Logging, Quarrying, Etc.
Deposit required
$300
$1,000
$300
*Amount returned
$250
$750
$250
**Amount retained
$50
$250
$50
The schedule of costs and fees may be further amended by resolution of the Town Board of the Town of Walton.
*
This portion is to be returned upon satisfactory completion of the work and restoration of the area.
**
Any retained monies are to be placed in the Town of Walton Highway Fund.
(8) 
The Town Highway Superintendent reserves the right to revoke or annul this permit at any time should said permittee fail to comply with the terms and conditions upon which it is granted.
(9) 
The permittee shall submit to the said Town Highway Superintendent a detailed plan or description of the structure to be built with an outline of the proposed method of construction before any work hereunder is started.
(10) 
Traffic shall be maintained by the applicant on the highway while the work is in progress and until its final completion.
(11) 
The above named permittee shall certify that workmens' compensation has been secured for the benefit of, and will keep insured during the performance of the above-described work, such employees as are required to be insured by the provisions of Chapter 41 of the Laws of 1914 of the State of New York,[1] and acts amendatory thereof.
[1]
Editor's Note: See Workers Compensation Law § 1 et seq.
(12) 
All locations shall be approved by a representative of the Town Highway Superintendent.
(13) 
The applicant shall agree, in consideration of the permit, that any present or future injury to or disturbance of the highway, its slopes or gutters caused by this construction shall be repaired by the applicant at his own expense and in accordance with instructions of the Town Highway Superintendent.
(14) 
In the event that the existing drainage capacity on the Town road would be insufficient to handle the additional runoff brought about by this construction work, it will be the responsibility of the applicant to pay for any remedial work, such as increasing ditch capacity, erosion control, installation of larger culverts, or outfall improvements. It will also be the responsibility of the applicant to obtain any necessary landowner permission or easements.
(15) 
Equipment with chains, armored tires, lugs, etc., will not be permitted on the pavement area.
(16) 
All surplus earth and rubbish shall be cleaned up and removed from the highway daily and the highway left in a neat and orderly condition daily.
D. 
Regulations concerning access design:
(1) 
Access grades shall be constructed to slope downward from the edge of road pavement to the existing drainage or ditch line at the rate of 3/4 inch per foot.
(2) 
All access grades within 20 feet from the edge of pavement shall not exceed 6.25% up or down (plus or minus grades). Access grades greater than 20 feet from the edge of the pavement shall be at the discretion of the applicant and the Town Highway Superintendent.
(3) 
The angle of all access roads with Town Roads shall be as close to 90° as practicable for a distance of 20 feet from the edge of road pavement.
(4) 
Culvert pipe must be new or in a condition acceptable to the Superintendent or his representative.
(5) 
Minimum diameter of culvert pipe shall be 18 inches. If watershed or drainage area warrants a larger pipe, the size determined and recommended by the Superintendent or his representative shall be installed.
(6) 
The length of culvert pipe shall be 20 feet minimum, not exceeding 40 feet maximum.
(7) 
Drainage of highway ditches shall not be impeded. All access culvert pipes must be installed to conform with the existing grade of ditch or drainage line.
(8) 
Access roads shall have a minimum of 200 feet horizontal sight distance in each direction, measured 10 feet back from edge of road pavement at a forty-two-inch eye height.
(9) 
The minimum return radius between the edge of the access road and the edge of the existing Town Road paved surface shall be 15 feet.
(10) 
In subdivisions, driveways should enter on the internal road of the subdivision having access to the Town Road.
A. 
Any person, firm or corporation who commits an offense against, disobeys, neglects or refuses to comply with or resists enforcement of this article or its regulations after written notice has been sent to him by the Town Highway Superintendent, setting forth the violation, shall, upon conviction, be deemed guilty of a violation punishable by a civil penalty of not more than $250 per week for each week that such violation is established to have been in existence.
B. 
In addition to the penalties provided above, the Town Board of the Town of Walton may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction, the violation of any provision of this article.