[HISTORY: Adopted by the Town Board of the Town of Philipstown 9-13-1979
as L.L. No. 3-1979. Section 78-5A amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
A.
No roadway, driveway, entranceway, exitway or any other
type of way for vehicles, pedestrians or animals or otherwise, which will
intersect a town highway, town-approved highway or a private road which intersects
a town highway or town-approved highway, shall be constructed or introduced
by usage until a written permit has been issued for such construction or use
as herein provided.
B.
No alteration, change, extension, expansion, widening,
relocation or reconstruction of any such roadway, driveway, entranceway, exitway
or any other type of way shall be commenced or made until a written permit
has been issued as herein provided.
C.
Any construction or use which requires a permit under
this section shall be known as an "operation."
D.
This chapter shall not apply to any roadway or exit-
or entranceway which is part of a plat which has been approved by the Philipstown
Planning Board, filed in the Putnam County Clerk's office and a bond
has been filed with the town in connection with the construction thereof before
such construction has commenced.
A.
Application for a permit under this chapter shall be
made to the Building Inspector, in writing, for each such operation and shall
contain at least the following information:
(1)
The full name and address of the applicant.
(2)
The full name and address of the owner or owners of property,
where the operation is to be performed and whose property may be affected
by the operation.
(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
where the operation is to be performed and the Tax Map designation of the
same.
(5)
A statement of the proposed operation, size of area involved
and the 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 showing the proposed operation and its location.
(8)
The location of any drainage system, water mains, culverts
or public utility conduits, etc., which may be within the area of the proposed
operation, and the overall provision for surface water drainage which may
be required as a result of the operation and its purpose.
(9)
The traffic to be generated on town highways during the
operation and thereafter as a result of the operation, and the effect of such
traffic on town highways.
(11)
Any additional information which may be reasonably required
by the Building Inspector or the Town Superintendent of Highways.
(12)
A statement signed by the applicant, that said applicant
agrees to perform the proposed operation for which the permit may be granted
and the purpose of the operation, in full and strict compliance and in accordance
with the conditions of the permit, if issued, and in accordance with any and
all provisions of the Town Law and other applicable statutes, local laws,
ordinances and regulations of the Town of Philipstown, and the rules and regulations
of the Highway Department of the Town of Philipstown.
B.
Upon receipt of the application, the Building Inspector
shall refer a copy of it to the Town Superintendent of Highways for the latter's
review and approval or disapproval. If the Superintendent of Highways approves,
the Building Inspector shall issue such permit, provided that there is compliance
with the provisions of this chapter and all other laws, ordinances and rules
and regulations of the Town of Philipstown and the Highway Department and
other municipalities having jurisdiction pertinent to the application. Such
permit, when issued, shall be effective for a period of time not to exceed
six months, and the expiration date shall be specified in the permit. Such
period may be extended by the Building Inspector for the completion of the
operation, if so requested in writing by the applicant, prior to the expiration
date, for such additional period or periods of time authorized by the Town
Superintendent of Highways.
C.
Said permit, when issued, shall contain the following
conditions requiring compliance by the applicant:
(1)
That the proposed operation at the point of entrance
on said town highway, town-approved highway and/or private road shall have
the optimum of sight distance, both vertical and horizontal.
(2)
That the grade, width, drainage, traffic and use of town
highways and town-approved highways in connection with said operation and
its purpose shall minimize any possible damage or injury to town highways
or town-approved highways and shall be such as to provide the maximum safety
for all traffic on the town or town-approved highways affected by the operation,
and that the operation, with its proposed purpose, shall result in a reasonable
use of the town or town-approved highways affected thereby.
(3)
That drainage of surface water from the operation is
adequately provided to its ultimate disposal without damage or injury to persons
or property.
(4)
Any additional requirements which may be imposed by the
Town Superintendent of Highways for the preservation of the town highways
at the point of intersection and anywhere else and for minimizing the hazards
and dangers to said town highways, including culverts, traffic, curtain drains,
driveway design and materials to prevent damaging surface water runoff and
displacement of surface materials onto the highway or from the highway.
D.
Upon notification by the applicant of the completion
of the proposed operation, the Building Inspector shall notify the Town Superintendent
of Highways, and both of said officials shall inspect the operation to determine
that its completion is in accordance with the permit and that there are no
other violations on the premises or anywhere else as a result of work done
under the permit. If the Highway Superintendent approves the operation as
completed, he shall sign a statement of such completion, and if there are
no other violations, the Building Inspector shall issue a certificate of compliance.
There shall be no use of such operation for any purpose other than stated
in the permit, until the certificate of compliance has been issued. No building
permit for any structure or use permit for any land shall be issued until
any application for such operation has been reviewed and approved under this
chapter, unless no operation under this chapter is a part of said application.
No certificate of occupancy shall be issued by the Building Inspector for
the premises affected by the operation or its proposed use as a result thereof,
where a permit for an operation has been issued, until such certificate of
compliance has been issued.
No permit for an operation shall be issued by the Building Inspector
until the applicant shall have paid to the Building Inspector, in cash or
by check payable to the order of the Town of Philipstown:
A.
A fee of $75 to cover the cost of issuing the permit
and the supervision and inspection of the work done in connection with said
operation.
[Amended 12-4-1986 by Res. No. 63-86; 1-6-2000
by Res. No. 47-00]
B.
A deposit shall be required for any proposed operation
which may disturb, injure or damage any street, highway, roadway or area,
including drainage ditches, gutters, culverts, pipes, curbs or curbing. The
deposit amount shall be $800 on unpaved roads and $2,200 on paved roads. If
the Superintendent of Highways determines that the scope of the work may result
in disturbance, injury or damage to an area in excess of that which would
reasonably be secured or repaired by said deposit, an additional deposit may
be required. Such additional deposit shall be computed on the potentially
affected area at the rate of $40 per square yard on unpaved roads and $80
per square yard on paved roads. The potentially affected area shall be computed
by multiplying total road width times total driveway access width.[1]
[Amended 1-19-2000 by L.L. No. 1-2000]
C.
Bond. Where the scope of the work, its proposed purpose
and use may affect areas other than the immediate area of the operation itself,
such as possible drainage, traffic, highway maintenance, noise, environmental
or other problems, or where the operation itself is so substantial in nature
that a bond is requested instead of making a deposit, the Highway Superintendent
and/or Building Inspector shall make such recommendation to the Town Board,
which Board shall fix the conditions and amount of such bond and approve the
amount thereof.
D.
Said deposit of bond shall be retained by the town until
a certificate of compliance shall have been issued as aforesaid; in the case
of a bond, until its terms have been completed.
E.
Upon the failure or default by the applicant of or in
any of the terms, agreements, covenants and conditions of the permit on the
applicant's part to be done, to be performed or to be completed, said
deposit or amount in the bond 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 applicant,
and any balance left, after the expense caused by such failure or default
as determined and certified by the Building Inspector has been paid and deducted
from the amount of the deposit or amount of the bond, the balance shall be
refunded or credited to the applicant.
F.
If any condition of a permit requires work on property
which if a default occurs may require the town to do work on that property
to correct the default and protect town interests, written authorization to
the town in the nature of an easement for correction of such default, approved
by the Town Attorney, shall be delivered to the Building Inspector before
the permit is issued.
G.
The fees and deposits herein may be amended by resolution
of the Town Board of Philipstown from time to time as it deems advisable,
after consultation with the Town Superintendent of Highways and Town Building
Inspector.
The deposit of any dirt, filth, waste or rubbish in any town or town-approved
highway, private road or right-of-way which is approved for use by a permit
or certificate of compliance issued under this chapter, or the encumbering
thereof by an encroachment of buildings, structures, excavations or otherwise,
or any act which in any manner damages or injures a town or town-approved
highway or private road or right-of-way used under a permit or certificate
of compliance hereunder or which interferes or obstructs in any manner the
drainage of surface water and other uses of said town or town-approved highways
or private roads for municipal purposes and for the use by the public and
the traffic thereon, are prohibited.
A.
Notwithstanding any other provisions of this chapter,
any person or corporation who or which violates or causes or participates
in any violation of the provisions of this chapter shall, upon conviction
thereof, be guilty of an offense punishable by a fine not exceeding $250 or
imprisonment for a period not to exceed 15 days, or both. Each week's
violation shall constitute a separate, additional violation.[1]
B.
Notwithstanding the penalties herein provided, the Town
Board may maintain an action or proceeding in the name of the town in a court
of competent jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this chapter.
C.
The foregoing provisions for the enforcement of the regulations
in this chapter are not exclusive, but are in addition to any and all other
laws applicable thereto.
The Zoning Administrative Officer, Building Inspector and Highway Superintendent
shall have joint and several responsibility and authority to administer and
enforce the provisions of this chapter. This, however, shall not prohibit
the enforcement of this chapter by the Town Board or anyone appointed by the
Town Board for the purpose of enforcing the provisions of this chapter, either
as a special assignment or as a general duty in addition to the responsibilities
and authority of the Zoning Administrative Officer, Building Inspector and
Superintendent of Highways.
