No person shall lower any curb or change the grade of any sidewalk for the purpose of providing vehicular access across such curb or sidewalk without first securing a written permit from the Town of Cortlandt Department of Environmental Services and complying with the following requirements:
A. Application shall be made, in writing, by the owner of record of the abutting premises to the Town of Cortlandt Department of Environmental Services. Such application shall set forth the points at which such vehicular access shall begin and end in relation to curb- and property lines and the materials of which it shall be constructed. Driveways shall meet the minimum standards set forth by the New York State Department of Transportation for residential and commercial driveways. Drop curbs and ramps shall comply with all Americans with Disabilities Act guidelines. Plans shall be prepared by a licensed design professional authorized to practice in the State of New York.
B. The Town of Cortlandt Department of Environmental Services shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing vehicular access across such curb or sidewalk when, in his or her opinion, the actual or intended use of such vehicular access would endanger pedestrians or traffic.
C. Prior to the granting of any such permit, the Town of Cortlandt Department of Environmental Services shall charge a fee and shall require a cash deposit per linear foot of the width of the proposed curb cut, which deposit shall be refunded upon completion of the curb cut to the satisfaction of the Town of Cortlandt Department of Environmental Services. The Town of Cortlandt Department of Environmental Services shall charge a fee for the inspection of the completed curb cut and may make such rules for the proper care and cleaning of such curb cut as the Director deems advisable. All fees pursuant to this section shall be fixed upon resolution of the Town Board.
D. No such permit shall be issued until the applicant shall furnish the Town insurance, in a form satisfactory to the Town Attorney, with limits of not less than $1,000,000 for any one person and not less than $3,000,000 in the aggregate for any one accident for personal injury and not less than $1,000,000 for any one accident and $3,000,000 in the aggregate for property damage, insuring the Town, its officers, employees and agents against any liability or personal injury or property damage, directly or indirectly resulting from or arising out of the granting of any such permit or the making of such curb cut or the method and manner of doing any work permitted or required by any such permit or under this section or any negligent act or omission in connection therewith on the part of the permittee, its employees or agents.
E. Every such curb cut shall be constructed under the supervision and subject to the direction of the Town of Cortlandt Department of Environmental Services and on condition that, upon failure to comply with the terms of the permit, the Town of Cortlandt Department of Environmental Services may revoke the permit and cause the curb and sidewalk to be restored to their original condition at the expense of the owner of record of the abutting premises.
F. Should the use of the curb cut, in the opinion of the Town of Cortlandt Department of Environmental Services, be or become dangerous to pedestrians or traffic, the Town of Cortlandt Department of Environmental Services shall mail a written notice to the owner of record of the abutting premises to discontinue use of such curb cut and to restore such curb and sidewalk to the original condition within 10 days of the mailing of the notice, and such owner shall comply with such notice within 10 days. If such owner shall fail to so comply with such notice, the Town of Cortlandt Department of Environmental Services may revoke the permit and cause the curb and sidewalk to be restored to their original condition at the expense of the owner of record of the premises.
G. In case any part of a curb cut shall not be paved, repaved or repaired according to reasonable requirements of the Town of Cortlandt Department of Environmental Services, the Town of Cortlandt Department of Environmental Services shall mail a written notice to the owner of the abutting premises directing that the same be so paved, repaved or repaired, as the case may be. Such owner shall comply with such notice within 10 days. If said owner fails to comply with such notice, the Town of Cortlandt Department of Environmental Services may cause the curb cut to be paved, repaved or repaired, as the case may be, at the expense of such owner.
H. The owner of a lot may appeal from any decision of the Town of Cortlandt Department of Environmental Services. The appellant shall submit an application to the Town Clerk's office to be reviewed by an Appeals Committee consisting of the Town Attorney, Director of the Department of Technical Services, and the Town Planner or any of their designees within 60 days after the decision to deny a curb cut permit, with an informational copy to the Town of Cortlandt Department of Environmental Services. This appeal shall include a statement of guaranty that all expenses for any required opinion obtained from an independent consulting traffic engineer shall be paid by the appellant and shall be accompanied by a fee as set by resolution of the Town Board.
I. The Appeals Committee may grant a waiver from the decision of the Town of Cortlandt Department of Environmental Services. In making its decisions, the Appeals Committee must find that the result will, in its judgment, not be in conflict with the public health, welfare and, in particular, with considerations of traffic safety and may attach appropriate conditions and safeguards to such waiver.
J. The Town of Cortlandt Department of Environmental Service is authorized to promulgate standards and guidelines for the construction and maintenance of driveways. Such standards and guidelines shall be filed with the Town Board upon promulgation.
K. Properties located in residential zones are permitted to have a single curb cut designed to accepted standards, policies and guidelines referenced herein. Curb and driveway openings shall be limited to 18 feet in width with properly designed radials to allow for unobstructed turning movements. For the R-80 zone a second curb cut and driveway opening may be permitted, provided the lot width is in excess of 200 feet. For the R-40A zone, a second curb cut and driveway opening may be permitted upon review of the site development plan to service the second family dwelling. Additional curb cuts or openings used for the off-street parking or storage of motor vehicle are not permitted. Additional parking must be associated and attached to a driveway and be located no closer than 10 feet to the property line. For properties which currently have paved off-street parking areas, these may remain, provided they were constructed prior to the adoption of this code and cannot be enlarged or altered in any manner.