No driveway, culvert or ditch, new or existing, having an intersection or junction with a Town road shall be constructed unless and until a permit has been duly issued by the ZEO as herein provided.
[Adopted 12-11-2024 by L.L. No. 2-2024[1]]
Applications for such permit shall be made to the ZEO upon such forms as shall be designated and provided by the ZEO. Each such application shall be in triplicate and shall contain the following information:
A.
The owner of the property.
B.
The name of the contractor or builder who will construct the driveway.
C.
The name and location of the Town highway which the proposed driveway will join or intersect and whether such road is paved, and if paved, if breaking of the pavement will be required.
D.
The width and length of the driveway, culvert or ditch.
E.
The dates of commencement and expected completion of the work.
F.
Applicable fee, set forth in fines and fees of the Town of Holland.
Each such application shall be accompanied by a true sketch of the proposed driveway, culvert or ditch, drawn to scale, with sufficient detail of the adjacent area so that the ZEO, Highway Superintendent and the Town Engineer can make a preliminary study before personally investigating the site. The ZEO, Highway Superintendent and/or the Town Engineer may, in proper case, require further or different information than set forth above.
A.
Upon the filing of the application, with the sketch, which shall be deemed a part of the application, and after study of the same and a personal examination of the proposed construction, the Highway Superintendent may approve or disapprove the application. In approving or disapproving any application, the Highway Superintendent shall consider all proposals for drainage, stormwater, grades, culverts, fill, facing and any other pertinent matters which would in any manner affect the Town highway by the construction of the driveway proposed in the permit application.
B.
If the application is disapproved, the Highway Superintendent shall endorse on the application his reasons therefor, and the applicant shall have an opportunity to comply with the objections and to resubmit the application.
C.
If the application is approved, such approval shall be endorsed upon each copy of the application, one to be returned to the applicant, one to be retained by the ZEO, and the third to be filed with the Highway Superintendent of the Town of Holland.
D.
Upon approval of the permit, the homeowner is responsible for the cost of the culvert pipe, stone, gravel and any materials necessary to install the new driveway, culvert or ditch, as determined by the Highway Superintendent. Payment must be received prior to the scheduling and start of the project.
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 ZEO until a driveway permit has been duly issued as above provided.
No bond or surety shall be required of any applicant in connection with a driveway permit unless such work will require the breaking of pavement on the Town road or unless culvert work or other work is required for satisfactory construction. In such a case, the Highway Superintendent shall require sufficient surety, in a form and manner satisfactory to him, to ensure the restoration of the pavement or completion of the work as the case may be.
No certificate of occupancy shall be issued by the ZEO until final approval of the driveway application has been duly given by the Highway Superintendent, which approval shall be endorsed on all three copies upon completion of the driveway as preliminarily approved by the Highway Superintendent.
Violations of this article or any part thereof shall be deemed offenses and shall be punishable by applicable fee, set forth in fines and fees of the Town of Holland or imprisonment for a period not exceeding 15 days, or both.
Driveways on roads other than Town of Holland roads, Erie County or New York State roads must provide the ZEO with a current survey indicating locations of new driveways, culverts or ditches to ensure proper setbacks set forth in the Town of Holland Code, Zoning Attachments 1 through 4.