[Amended 7-20-1971; 1-6-2009 by L.L. No. 1-2009]
[Amended 10-15-2013 by L.L. No. 6-2013]
A. 
No driveway entrances and exits and no alteration, change, relocation or reconstruction of existing driveway entrances and exits, subsequently herein referred to as an "operation," shall be constructed by owners and occupants of property abutting on Town highways for any purpose whatsoever, until a written street opening permit therefor has been duly issued as herein provided and in accordance with the procedures set forth in §§ 104-13, 104-14 and 104-15 herein and in § 125-112 of the Town Zoning Code. The Commissioner of Public Works may, in his/her sole discretion, require applicants to obtain prior approval from the Planning Board before issuing a street opening permit for a given driveway operation. A permit issued pursuant to this section shall not absolve the applicant of the responsibility of obtaining any other permits required by state or local law.
B. 
A permit pursuant to this section shall not be granted for real property already featuring one or more driveway entrances unless the applicant receives prior approval of the Planning Board.
A contractor may, in lieu of the deposit hereinafter mentioned, deposit with the Town Board its bond or a surety company bond, approved as to form, manner of execution and sufficiency, by the Town Board of the Town of Bedford, which bond shall be retained as security for the faithful performance by the applicant of all the terms, covenants and conditions of any permit under this Part obtained by the applicant for a period of one year from the date of the filing of said bond or surety company bond, which bond shall be in an amount to be determined by the Commissioner of Public Works, but in no case is the face amount of the bond to be less than $10,000.
A. 
Application for a permit under this article shall be made to the Commissioner of Public Works in writing, in duplicate, for each such operation 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 full name and address of the owner or owners of the property for whom the operation is to be performed.
(4) 
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.
(5) 
A statement of the proposed operation and the size thereof and purpose thereof.
(6) 
The date or dates when the proposed operation is to be commenced and the date or dates when the operation is to be completed.
(7) 
A sketch of the proposed operation, including a profile from the crown of the road to the property line.
(8) 
The location, if any, of any tiles or drainage system or water mains or other public utility conduits, etc., which may be within the area of the proposed operation.
(9) 
Any additional information which may be reasonably required by the Commissioner of Public Works.
(10) 
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 Town Law and other applicable statutes and ordinances of the Town of Bedford, and the rules and regulations of the Public Works Department of the Town of Bedford.
(11) 
The proposed location of the entry of said driveway onto the Town highway.
B. 
Upon receipt of the application as herein provided for in Subsection A hereof, the Commissioner of Public Works shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances, and rules and regulations of the Public Works Department of the Town of Bedford. Such permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Commissioner of Public Works. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Commissioner of Public Works.
C. 
Said permit, when issued, shall contain the following conditions to be complied with by the permittee:
(1) 
That the proposed driveway at the point of entrance on the Town highway shall have the optimum of sight distance, both vertical and horizontal.
(2) 
That the grade, width and drainage of said proposed driveway shall minimize any possible damage or injury to the Town highway and shall be such as to provide the maximum safety for all traffic on the Town highway in the area of the entrance of said proposed driveway on said Town highway.
(3) 
Any additional requirements which may be imposed by the Commissioner of Public Works for the preservation of the Town highway at the point of entrance of the proposed driveway onto the Town highway and for minimizing hazards and dangers to the traffic on said public highway.
Upon notification by the permittee of the completion of the proposed driveway, the Commissioner of Public Works shall inspect said driveway to determine that its completion is in accordance with the permit. When the Commissioner of Public Works is satisfied that the conditions of such permit have been met, he shall issue a certificate of compliance. There shall be no use of such driveway for any purpose other than the construction until such certificate of compliance has been issued. No certificate of occupancy shall be issued by the Building Inspector of the Town of Bedford if a permit for driveway construction has been issued until such certificate of compliance has also been issued.
A. 
No permit for an operation shall be issued by the Commissioner of Public Works until the applicant therefor shall have first paid to the Commissioner of Public Works in cash or by check payable to the order of the Town of Bedford:
(1) 
A fee, as determined by the Town Board and promulgated in the Town’s fee schedule[1] to cover the cost of issuing the permit and the supervision and inspection of the work done in connection with said operation. The amount of the fee shall be periodically reviewed by the Town Board, and the payments so required shall be updated and approved by resolution accordingly.
[1]
Editor's Note: Said fee schedule is on file in the Town offices.
(2) 
A deposit, in an amount to be determined by the Commissioner of Public Works and approved by the Town Board via resolution, which shall be required whenever there is a chance that the surface of any street, highway, sidewalk, sidewalk areas or public place may be damaged by the permittee. This includes drainage ditches, gutters, culverts, pipes, curbs or curbing, which may be disturbed, injured or damaged in connection with an operation hereunder, and if and when machinery is used in connection with an operation and there is a likelihood of damage or injury to areas other than the specific location of the operation, a deposit of an additional amount may be required; said additional amount shall be determined by the Commissioner of Public Works and approved by the Town Board via resolution. The amount of the deposit shall be periodically reviewed by the Town Board, and the payments so required shall be updated and approved by resolution accordingly.
B. 
Such deposit shall be retained by the Town until a certificate of compliance shall have been issued by the Commissioner of Public Works as hereinbefore provided in § 104-14. Deposits remaining unclaimed by the permittee 18 months after the issuance of the permit become the property of the Town of Bedford.
C. 
Upon the failure of or default by the permittee an any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done, to be performed or to be completed, said deposit may be used by the Town for any expense incurred by the Town by reason of such failure or default on the part of the permittee, and any balance left, after the expense caused by such failure or default, as determined and certified by the Commissioner of Public Works, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee.