[HISTORY: Adopted by the Council of the City of Beacon 9-4-2018 by L.L. No. 16-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 191.
Subdivision of land — See Ch. 192.
Zoning — See Ch. 223.
[1]
Editor's Note: This local law was originally adopted as Ch.
97 but was renumbered to maintain the alphabetical organization of
the Code.
A.
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.
B.
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.
C.
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.
A.
Applications for a permit under this chapter shall be made to the
Highway Department in writing and shall contain the following information:
(1)
The full name and address of the applicant.
(2)
The full name and address of the owner or owners of the property
in front of which the operation is to be performed.
(3)
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.
(4)
A statement of the proposed operation and the size thereof and purpose
thereof.
(5)
The date or dates when the proposed operation is to be commenced,
and the date or dates when the operation is to be completed.
(6)
The type of pavement or surface to be disturbed.
(7)
A sketch of the proposed operation showing the proposed location
of all driveway entrances and curb cuts, and proposed grade of driveway.
(8)
The estimated cost of the entire proposed operation.
(9)
Any additional information which may be reasonably required by the
Highway Superintendent.
B.
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.
B.
A permit shall be obtained no less than one week before any work
is performed.
C.
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.
D.
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.
E.
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.
F.
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.
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.
B.
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.
C.
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.
D.
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.
E.
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%.
F.
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%.
G.
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.
H.
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.
I.
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.
J.
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.
