City of Beacon, NY
Dutchess County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 9-4-2018 by L.L. No. 16-2018.[1] Amendments noted where applicable.]
Streets and sidewalks — See Ch. 191.
Subdivision of land — See Ch. 192.
Zoning — See Ch. 223.
Editor's Note: This local law was originally adopted as Ch. 97 but was renumbered to maintain the alphabetical organization of the Code.
No person, association, corporation or firm shall establish, build, construct, expand, reconstruct or pave a driveway or parking lot for vehicular traffic, which abuts upon, provides access to or adjoins a City highway or street without having first obtained a written permit in accordance with the provisions of this chapter. Work which consists only of paving or repaving an existing driveway and which does not otherwise alter the driveway, curbing or sidewalk, does not require a driveway permit.
No person shall dig into or across curbing and/or sidewalk adjacent to the premises owned or occupied by him or adjacent to any other premises or cause the same to be done, nor shall any person remove, demolish or change the grade of any curbing adjacent to the premises owned or occupied by him or adjacent to any other premises or cause the same to be done, until the owner or occupant thereof shall have obtained a permit in accordance with the provisions of this chapter.
Any construction or expansion of a driveway or parking lot that requires the opening or digging up of any City street, private street or sidewalk in a public street, shall comply with the relevant provisions set forth in Chapter 191, Article II, but shall not require a street or sidewalk opening permit under Chapter 191, Article II, unless the Highway Superintendent determines such permit is required.
The approving authority for all applications under this chapter shall be the Highway Superintendent, except where construction of a driveway or parking lot is proposed in connection with any site development plan, subdivision, or special use permit application submitted to the Planning Board or City Council, in which case a separate driveway permit shall not be required.
Applications for a permit under this chapter shall be made to the Highway Department in writing and shall contain the following information:
The full name and address of the applicant.
The full name and address of the owner or owners of the property in front of which the operation is to be performed.
The location by street address, if any, of the property in front of which the operation is to be performed and the Tax Map designation of the same.
A statement of the proposed operation and the size thereof and purpose thereof.
The date or dates when the proposed operation is to be commenced, and the date or dates when the operation is to be completed.
The type of pavement or surface to be disturbed.
A sketch of the proposed operation showing the proposed location of all driveway entrances and curb cuts, and proposed grade of driveway.
The estimated cost of the entire proposed operation.
Any additional information which may be reasonably required by the Highway Superintendent.
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, if issued, and any and all provisions of the City Code and other applicable statutes and ordinances of the City of Beacon.
The Highway Superintendent or his authorized representative must inspect the site of the proposed driveway before any permit for construction of the driveway is issued. The Superintendent or his authorized representative shall be notified at least 48 hours in advance of beginning any driveway construction operations.
The application for a driveway permit shall be accompanied by a fee as set forth in the City of Beacon fee schedule[1] for each driveway permit.
Editor's Note: The fee schedule is on file in the City offices.
A permit shall be obtained no less than one week before any work is performed.
Before issuance of a permit for the construction or alteration of a driveway, the applicant shall post with the Highway Superintendent a bond in an amount determined by the Highway Superintendent to be equal to the cost of the work proposed pursuant to this chapter, but in no event less than $500 for a new driveway or $150 for the alteration of an existing driveway.
When notified of its completion, the Highway Superintendent shall inspect said driveway to assure its completion in accordance with said permit to construct or alter. When the Highway Superintendent is satisfied that the conditions of said permit have been met, the Highway Superintendent shall issue a certificate of compliance. Upon issuance of the certificate of compliance, the Highway Superintendent shall certify the claim of the applicant for the return of the bond. It shall be unlawful to use such driveway for any purpose other than construction until a certificate of compliance has been issued.
No certificate of occupancy shall be issued by the Building Inspector if a driveway permit has been issued until such certificate of compliance is also issued.
Any such permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, as specified thereon. Such specified period of time may be extended for the completion of the work, if so requested in writing by the applicant prior to the expiration date thereof, for such additional period or periods of time authorized by the Highway Superintendent.
These specifications shall apply to the construction of new driveways and shall also apply to the reconstruction and/or paving of existing driveways, except that in the latter case the Highway Superintendent may waive certain requirements contained herein if he finds that extraordinary and unnecessary hardships may result from strict compliance with these specifications.
A driveway or access road serving private property and intersecting with a highway or street shall be constructed in such a manner that it does not interfere with the existing drainage, the movement of traffic, the removal of snow from the abutting highway or street, or an existing sidewalk. Sidewalks should continue across the driveway.
The driveway shall be constructed in such a manner that it does not permit the runoff of water from the abutting highway or street to enter into the property of the owner or adjacent properties.
Developers and home builders shall design and construct all driveways within the limits of the right-of-way with sufficient sight distance (in both directions) and with a grade no more than one-half inch per foot from curb to the right-of-way line (see § 192-9B). The minimum width of the driveway pavement at the curb or street pavement line shall be 14 feet, tapering to a minimum of 10 feet at the right-of-way line. All driveways shall have a six-inch run-of-bank gravel foundation course from curb to right-of-way line and no less than three inches bituminous penetration macadam wearing course from curb or street pavement line to right-of-way line which shall be applied during or after the laying of the street pavement.
All driveways shall be graded so as to slope away from the City street at one-half inch per foot for a minimum of four feet. Grading shall be to the satisfaction of the Highway Superintendent and the City Engineer prior to the surfacing of such driveways. Where requited by the Highway Superintendent, a culvert or drainage system shall be provided, with the pipe size and material to be as acceptable to the City Superintendent of Streets. Pipe size shall not be less than 15 inches in diameter, and shall have a minimum coverage of 12 inches over the pipe.
The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a street shall be 14%, except that, where it can be demonstrated to the satisfaction of the approving authority that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required and further provided that in no case shall such driveway grade be permitted to exceed 17%.
The maximum grade for new driveways accessory to uses other than single-family dwellings and connecting the required off-street parking area to the street shall not exceed 7%, except that the Highway Superintendent shall have the power to permit increased grades, provided that such grades in no case exceed 10%.
No driveway serving a single-family dwelling shall have a grade in excess of 4% within 35 feet of the center line of the traveled way of the street or within 10 feet of the right-of-way line of the street, whichever distance is greater.
No driveway serving a use other than a single-family dwelling shall have a grade in excess of 3% within 50 feet of the center line of the traveled way of the street or within 25 feet of the property line of the street, whichever distance is greater. The City Council may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.
Driveway alignment and location. Any driveway entering onto a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion of the driveway shall be aligned approximately at right angles to the street.
Clear visibility shall be provided in both directions at all exit points in accordance with § 192-9B, so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that the driver of an automobile traveling on the highway shall have a similar view of the automobile in the driveway.
The owner and owner's contractor shall hold the City, the Superintendent and their agents and employees harmless against any action for personal injury or property damage sustained by reason of the exercise of this permit.
Any person, firm or corporation or his or its representative, agent or employee who shall violate any of the provisions of this chapter shall be punished by the imposition of a penalty as prescribed in § 1-3.