[HISTORY: Adopted by the Town Board of the Town of Plattekill 3-3-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
This chapter shall be known as the "Driveway Permit Law" of the Town of Plattekill.
The purpose of this chapter is to provide for the health, safety and welfare of motorists using the public highways in the Town of Plattekill as well as for the health, safety and welfare of homeowners utilizing driveways in the Town of Plattekill, and to provide for the orderly, safe and lawful location of driveways in the Town of Plattekill.
As used in this chapter, the following terms shall have the meanings indicated:
DRIVEWAY
Any private road, farm road, logging road or improvement created for the purpose of providing access to and from a public road from and to adjacent property.
DRIVEWAY PIPE
Any culvert pipe or culvert pipe installed in connection with the construction of a driveway.
SHOULDER
The area between the edge of the pavement or travel portion of a Town highway and the ditch or swale adjacent to said Town highway.
SUPERINTENDENT
The Town of Plattekill Highway Superintendent and/or the Superintendent's designated representative.
A. 
No person shall hereafter construct an entrance or driveway from private property onto any Town highway without first applying to the Town Supervisor or other official designated by the Town for a permit. A copy of the permit application shall be immediately forwarded to the Town Superintendent of Highways who shall inspect the site and shall specify the requirements of the Town to protect drainage and the road shoulder, and the work may then proceed in accordance with the specifications and directions of the Town Superintendent of Highways, which shall endorse upon the permit application, which then shall constitute the permit. The fee for said permit shall be determined by the Town Board.
B. 
Application for a driveway permit shall be made to the Superintendent upon such form as the Superintendent shall prescribe from time to time, and shall include such other supporting documentation as the Superintendent shall require. The application shall provide:
(1) 
The name and signature of the owner of the property, as well as the street number, if any, and SBL Number of the parcel.
(2) 
The name of the contractor who will construct the driveway.
(3) 
The name and location of the Town road that the proposed driveway will join an intersection, and whether such road is paved; and, if paved, if breaking of the pavement will be required.
(4) 
The width and length of the driveway.
(5) 
The dates of commencement and expected completion of the work.
(6) 
Each such application shall be accompanied by a survey if available or a sketch of the proposed driveway, drawn to scale, showing both plan and profile views, with sufficient detail of the adjacent area so that the Superintendent can make a preliminary study before personally investigating the site. The Superintendent may, in proper cases, require additional information than that above set forth.
(7) 
Wetland delineation if required.
(8) 
Driveway location and property frontage must be clearly marked prior to the site inspection.
C. 
The completed application will be submitted with payment of the applicable fee to the Town of Plattekill.
D. 
Following receipt of a completed application, the Superintendent shall visit the site where the proposed driveway is to be located.
E. 
Following such site visit, the Superintendent shall either issue the driveway permit, or issue to the applicant a written denial of the permit application, which shall include a statement as to the reason(s) for denial. Construction of a driveway may not commence until a permit has been issued and received by the applicant.
F. 
In the event that a driveway permit is requested for access to a building that exists or is to be constructed, said permit shall be valid for a period of 18 months from the date it is first issued. In the event that the structure is not completed in 18 months, the driveway permit shall expire and a new application must be submitted to renew said permit.
A. 
The Superintendent shall be notified at least 24 hours in advance of commencement of any driveway construction work to afford the Superintendent the opportunity to observe and inspect said work to ensure compliance with the specifications herein.
B. 
All driveway pipes shall be of a material acceptable to the Superintendent. If a driveway pipe is to be composed of more than one piece, all pieces shall be substantially joined together by a pipe band or other means acceptable to the Superintendent.
C. 
The minimum diameter of all driveway pipes shall be 12 inches and larger as determined by the Superintendent. Pipe specifications will be noted on the permit.
D. 
The minimum length of all driveway pipes shall be 20 feet. Maximum length will be noted on the permit.
E. 
All driveway pipes shall have flared ends.
F. 
All driveway pipes shall be set so that the inlet end is not so high as to block water flow in the ditch, and so that the outlet end shall not be lower than the ditch. The Superintendent shall determine the necessity of any work to the ditch prior to installation of a driveway pipe, and may make completion of such work a condition to issuance of a driveway permit.
G. 
No portion of the driveway located within the shoulder shall be constructed so as to be higher than the shoulder.
H. 
Drainage along the driveway shall be installed and maintained so as to prevent water from running onto the shoulder or roadway.
I. 
All driveway entrances will have a 2% minimum finished negative grade sloped away from the roadway for a minimum of 15 feet from the edge of the road.
J. 
In the discretion of the Highway Superintendent a temporary pipe may be allowed during construction of the driveway. However it must be replaced by a permanent pipe in compliance with all the requirements set forth above.
A. 
All pipes for new construction will be purchased and installed by the property owner or property owner's contractor.
B. 
All driveway pipes installed within the Town's right-of-way or maintenance area by the owner will become the property of the Town.
C. 
All pipes must be set in compacted D.O.T. Type #4 material or material acceptable by the Highway Superintendent.
D. 
All pipes must have suitable cover as recommended by the pipe manufacturer.
E. 
Silt fence shall be required.
F. 
At no time shall the Town's drainage ditch or drainage swale be blocked or rendered inoperable.
G. 
Finish grading must be adequate to allow mowing the shoulder of the public road.
H. 
Seeding and haying of disturbed areas will be required.
I. 
All NYS DEC and MS-4 regulations must be followed.
J. 
Property owner or contractor must call for inspections prior to backfilling or covering the pipe and for a final inspection by the Superintendent.
A. 
The owner of the driveway is responsible for maintaining adequate drainage to prevent water runoff from the driveway onto the shoulder and roadway, and for keeping both ends of the driveway pipe free of obstructions and blockages. No water or runoff shall be allowed to flow onto the roadway.
B. 
The property owner will be required to maintain clear sight distance. Free of obstructions natural and man-made.
C. 
Check dams may be required along the edge(s) of the driveway to prevent erosion.
A. 
In all cases, design of intersections shall always maximize sight distance and comply with the minimum recommended safe sight distances as referenced in the Institute of Traffic Engineers (ITE) Guidelines for Driveway Design and Location (latest revision), and as referenced in the New York State Department of Transportation Policies and Standards. When the Superintendent determines that such minimum recommended safe sight distances cannot be obtained due to specific site conditions, the applicant's licensed engineer shall submit sufficient documentation to show the maximum available and the specific reasons why the recommended values cannot be obtained. The Superintendent shall determine whether the driveway permit shall be approved based upon all available facts and conditions. For roads proposed in a subdivision, such information shall also be submitted to the Planning Board, and the road location shall be subject to its approval.
B. 
"Sight distance" shall be defined as the distance where an object remains visible to an observer, said observer (driver) waiting to enter from an intersecting road or driveway at a point 12 feet in advance of the nearest travel lane, which measurement shall be taken from a level of 44 inches above the road/driveway pavement, observing a vehicle at a point 24 inches above the pavement at the point being observed. A similar method shall be utilized in the determination of stopping sight distance and turning sight distance.
C. 
Applicant may be required to clear cut property frontage to obtain needed sight distance. Clearing of trees, shrubs, debris as well as stone walls may be required.
D. 
No planting shall be made nor shall any building or structures of any kind be placed within the area which provides sight distance to traffic conditions or the public road on which provides sight distance to motorists of the driveway.
In all cases where a driveway is proposed on premises for which a building permit is necessary, no such building permit shall be issued by the Building Inspector or any other department or agency of the Town of Plattekill unless and until a driveway permit has been duly issued as above provided.
No certificate of occupancy shall be issued by the Building Inspector or any department or agency of the Town of Plattekill until final written approval of the driveway construction has been duly given by the Highway Superintendent.
A. 
No residential property including any accessory structures thereon may have more than one driveway accessing a Town road.
B. 
No driveway, roadway or access way for farm use, timber harvesting, recreational use or any other purpose shall be allowed to have separate access to any Town road other than that allowed for the residential structure on said property.
C. 
No person or entity shall construct a driveway having access to a Town highway unless they have first contacted "Dig Safe New York" and complied with all requirements thereof (applicants must call 811). Proof that the applicant has notified Dig Safe New York and apprised them of the plans to construct said driveway must be provided to the Town Superintendent before any work on said driveway begins.
Any person or persons convicted of violating any provision of this chapter shall be guilty of a violation. A conviction of a first violation is punishable by a fine of not more than $500 or imprisonment not to exceed 30 days, or both. A conviction of a second violation occurring within a period of five years is punishable by a fine of not less than $500 or imprisonment not to exceed three months, or both. A conviction of a third violation occurring within a period of five years is punishable by a fine of not less than $800 nor more than $1,000 or imprisonment not to exceed six months, or both. Each day that a violation continues uncorrected or is resumed shall constitute a separate additional violation.
If any part of provision of this chapter or the application thereto to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances.