Town of LaGrange, NY Part 1 Driveway Requirements [1]

[1] Editor's Note: The introduction in Part 1 of this chapter read as follows: "The Town Board of the Town of LaGrange, Dutchess County, New York, hereby enacts the following Administrative Ordinance pursuant to the provisions of § 130, Subdivision 7(a), of the Town Law of the State of New York, and all other applicable laws."

Article I Construction Specifications

§ 199-1 Permission required; definitions.

A. No person, firm or corporation shall, after the effective date of this Part 1 of this chapter, cut, construct or locate any driveway entrance or exit into a highway of the Town of LaGrange without having first received permission so to do from the Superintendent of Highways of said Town.

B. As used in this Part 1, the following terms shall have the meanings indicated:

DRIVEWAY

Any area of land, whether improved or unimproved, which is designated and/or used as a means of ingress and/or egress to a parcel of land from either a public road (state, county or town highway) or a private road.

[Amended 6-13-2007 by L.L. No. 2-2007]

§ 199-2 Application for permit; general requirements.

A. Any person, firm or corporation desiring to make, construct or locate a driveway entrance or exit into a Town highway of the Town of LaGrange shall make an application for a permit to do so to the Highway Superintendent of said Town. In addition to the general standard driveway entrance and exit crossing requirements set forth hereinbelow, the Highway Superintendent of the Town of LaGrange may impose any special conditions required in his judgment under the circumstances.

B. The applicant shall furnish all materials and bear all costs of construction within the Town highway right-of-way and shall pay the cost of all work done and materials furnished as required to meet the conditions of any permit issued by the Town Highway Superintendent.

C. No alteration or addition shall be made in any driveway heretobefore or hereafter constructed, nor shall any such driveway be relocated without first securing a new permit from the Town Highway Superintendent.

D. There shall be a fee payable upon each application for a permit from the Town Highway Superintendent. The amount of the fee shall be set forth on the prevailing fee schedule adopted by resolution of the Town Board and as such schedule is modified from time to time by resolution of the Town Board.

[Amended 7-22-2009 by L.L. No. 2-2009]

§ 199-3 Design requirements.

The design standards which are herein presented are based on the premise that the right of highway users and abutting property owners can be mutually satisfied. Variations in site conditions are accommodated in the permissible range of dimensions for the following factors; angles of entry and exit, radii, channelization and intersection clearance. The specific requirements are listed below:

A. General.

(1) Location of driveway.

(a) A driveway or a driveway system located entirely within the permittee's frontage shall be located so as to provide:

[1] The most favorable vision, grade and alignment conditions for motorists using the proposed driveway and the highway.

[2] No undue interference with the free and safe movement of highway traffic.

[3] Maximum safety and convenience for pedestrians and other users of the highway right-of-way.

(b) In the interest of public safety and convenience, the Town Highway Superintendent may restrict the placement of a driveway to a particular location along the owner's frontage or require shifting of an existing driveway. Normally, only one driveway shall be permitted for each residential property.

(c) In the case of a subdivision approved by the Planning Board which illustrates approved, new driveway locations, those driveways shall be located in the approved locations. In cases where this is not practical (due to safety considerations, relocation of the houses, revised grading plans, etc.) the Highway Superintendent and Town Engineer shall review the revised locations and approve of same prior to construction.

(2) Grade.

(a) The grade entrances and exits shall be constructed to slope down and away from the roadway surface for a distance equivalent to the existing ditch line. The minimum rate of slope shall be 1/2 inch per foot as shown on Figures 16 and 17.[1]

[1] Editor's Note: Said figures are included at the end of this chapter.

(b) Each driveway shall be constructed with a final standing area at its entrance to a Town road. The standing area shall extend a minimum of 20 feet (30 feet preferable) from the edge of the traveled way at a 1 1/2% slope. See Figure 17.

(c) Each driveway shall be constructed with a landing area in front of the garage. The landing area shall extend for at least 20 feet and be graded to slope at 1 1/2% away from the garage entrance. See Figure 18.[2]

[2] Editor's Note: Said figure is included at the end of this chapter.

(d) Where grades along the highway are less than 0.50%, open mesh grating shall be used continuously across drives to positively ensure drainage water reaching the drainage ditch or storm sewer.

(3) Sidewalks. Where a sidewalk is located close to the curbline and the driveway opening is to be provided by a depressed or cut curb, the sidewalk should be warped to conform to the driveway profile. One or both edges of the sidewalk may be depressed across the driveway, provided that the resulting sidewalk cross slope does not exceed 1/2 inch per foot. In some cases, it may be necessary to discontinue the sidewalk across the driveway and to construct a curb along each driveway edge.

(4) Curbs. Where curb cuts are made for the construction of driveways, the entire curb section must be removed. The removal of only the raised portion of the curb and paving over the broken section will not be allowed. Cut curb ends shall be tapered from full height to ground level in a distance of approximately two feet. Where drainage is carried along the curb, the driveway shall be constructed with a short upgrade, or curb lip to prevent runoff from spilling into private property.

(5) Drainage.

[Amended 10-24-2007 by L.L. No. 4-2007]

(a) A driveway must be constructed so that it does not adversely affect the highway drainage or drainage of the adjacent property. The drainage and the stability of the highway subgrade should not be impaired by driveway construction or roadside development. In no case may the construction of a driveway cause water to flow across the highway pavement or to pond on the shoulders or in the ditch.

(b) Drainage collected by ditches, gutters or pipes on private property shall not be discharged into the highway drainage system unless expressly approved by the Town Highway Superintendent. The permittee may be required to submit to the Town Highway Superintendent, to be reviewed by the Town Engineer, a drainage analysis justifying the proposed drainage system and the proposed pipe sizes.

(c) Where the construction of a driveway necessitates crossing a highway ditch, a culvert pipe may need to be installed in the ditch (per review by the Highway Superintendent) by the permittee, and the low point of the driveway profile shall be at or close to the ditch line. Under no circumstances will existing gutters or ditches be filled without adequate provisions for alternate drainage by the permittee and approval from the Town Highway Superintendent.

(d) Culvert pipe shall be of a size adequate to carry anticipated flow in the ditch as determined by the Town Highway Superintendent or Town Engineer and shall not be smaller than 15 inches in inside diameter. The structural material and gauge of the driveway pipe should be adequate to withstand the loads from the anticipated vehicular traffic across the driveway. The length of the culvert may be determined as the sum of the width of the driveway at the ditch line and the length needed to accommodate a side slope of one vertical to three horizontal from the driveway to the ditch. Unless otherwise approved, the minimum culvert specification shall be as stated in § 199-18 of these specifications.

B. Driveway construction.

(1) All driveways shall be located in the positions as shown on the approved subdivision plats unless otherwise approved by the Town Superintendent of Highways or the Town Engineer.

(2) Approval by officials.

(a) All driveways which are proposed to deviate from Subsection B(1) above shall meet with the approval of the Superintendent of Highways and Town Engineer as to final location, provisions for drainage, sight distance, and methods of construction.

(b) All individual driveways, at the request of the Highway Superintendent, shall also meet the requirements of Subsection B(2)(a) above with respect to location, provisions for drainage, sight distance, and methods of construction.

(3) All driveways up gradient from a Town road which exceed 5% shall be bituminous paved, the entire length. Grades between 3% and 5% shall be paved for the first 50 feet. The first 25 feet of any driveway shall be paved. Additional paving requirements may be imposed by the Planning Board or Highway Superintendent if conditions warrant. Driveway grades down gradient from the road entrance may not be required to be fully paved, per special approval of the Highway Superintendent.

(a) All driveways, or sections of driveways, which do not require paving shall be stabilized by compacted R.O.B. gravel surfacing and topped with crushed stone.

(4) All driveway drainage cross-swales shall be bituminous paved.

(5) All driveways shall require a driveway work permit prior to construction and prior to the issuance of a building permit.

(6) All driveways shall have a final minimum standing area of 20 feet (30 feet preferable) at a 1 1/2% maximum grade.[3]

[3] Editor's Note: Former Subsection B(6), regarding the paving of driveway drainage, cross-swales, was repealed 10-24-2007 by L.L. No. 4-2007. This local law also provided for the renumbering of former Subsection B(7) through (9) as Subsection B(6) through (8).

(7) All driveways shall be perpendicular to the access road for a minimum of 20 feet. Exceptions shall be reviewed with the Highway Superintendent.

(8) Any driveway which gains access from a state or county highway shall require approval from that agency and a highway work permit from that agency, prior to a building permit and construction.

C. Residential driveways.

(1) A sketch of the proposed driveway is to be submitted with each permit application.

(2) If an asphalt concrete or concrete driveway is to be constructed adjacent to a highway shoulder paved with bituminous material which is in a satisfactory condition, it is not necessary to remove the existing shoulder material. The edge of the shoulder should be squared off and the driveway paved up to the bituminous surface.

(3) If an asphalt concrete or concrete driveway is to be constructed on a highway with gravel shoulders or where the bituminous shoulder is an unsatisfactory condition, the existing shoulder material shall be removed and the driveway paved for a minimum distance of 25 feet from the travel lane.

(4) A minimum of 300 feet unobstructed sight distance must be provided in both directions of the highway from the point of access. Exceptions shall be reviewed from the point of access. Exceptions shall be reviewed with the Highway Superintendent and Town Engineer.

(5) The maximum width of a residential driveway within the Town highway right-of-way shall be 16 feet, 12 feet standard width.

D. Commercial driveways.

(1) No more than two driveways to a single commercial or industrial establishment entering on a single highway shall be permitted. Unusual conditions may provide the basis for an exception, but review and approval by the Town Highway Superintendent will be necessary.

(2) The maximum width of any commercial driveway within the Town highway right-of-way shall be 35 feet measured parallel to the highway center line at the curb or shoulder line. In the event that narrow lot frontage does not permit two adequate driveways, the one combined entrance and exit not to exceed 35 feet measured as above may be provided.

(3) The angle of the driveway with respect to the pavement edge shall not be less than 45º, preferably as close to 90º as possible, except that a smaller angle may be used for entrance driveways along a divided highway, permitting only one-way operation of the driveway.

(4) All commercial driveways are required to have a paved surface extending from the edge of the travel lane to the highway right-of-way line. Where the highway right-of-way is closer than 10 feet to the edge of the travel lane, the paved surface shall extend at least 10 feet back from the edge of the travel lane. The material and thickness of commercial driveways within the highway right-of-way shall be designed to provide adequate support for the volume and character of traffic using the driveway. This information is to be shown on the plans or drawing accompanying the driveway application and subject to review and approval by the Town Highway Superintendent.

(5) The existing highway shoulder material is to be removed and the shoulder area paved with adequate driveway material as specified by the Town Highway Superintendent. In case a dual commercial driveway is constructed with driveway halves less than 75 feet apart, the entire shoulder area between the dual driveways will be replaced with adequate driveway material.

(6) It is recommended that a minimum of 15 feet be provided between the right-of-way line and the near edge of any service facility. In any event, this distance should be sufficient so that no vehicles will be serviced on Town property or use any portion of the island area.

(7) Parking, loading or servicing of vehicles shall not take place on the highway right-of-way.

(8) Island areas. Any two driveways connecting with single highway shall be separated by an island area. The side of the island area next to and parallel to the highway shall be located either at the ditch line, curbline or outer edge of the shoulder, but in no case less than 10 feet from the edge of pavement of uncurbed highways. The island area shall extend at least to the right-of-way line, and a minimum length of the island shall be 10 feet, measured parallel to the roadway at the right-of-way line. The length of island area at the shoulder edge will be determined by the angle of the driveways and the width of the right-of-way. All island areas within the right-of-way shall be defined by reinforced concrete curbs (six-inch exposure), posts, guardrails or other suitable material. Loose stone or gravel surfacing shall be considered unsuitable for this purpose, and planting is inadequate delineation. Planting height within the island shall be limited to 24 inches.

(9) No part of any driveway shall be constructed outside of the permittee's frontage.

(10) Corner islands. The length, width and shape of corner island areas will vary for different locations. The angles of intersections, angle of driveways, width of rights-of-way on both approaches, channelization, radii and other conditions will influence the location of driveways at intersections. Entrance and exit driveways for a site shall be located and angled to facilitate entrance and exit with minimal interference to through road traffic.

(11) A minimum of 300 feet unobstructed sight distance must be provided in both directions of the highway from the point of access. For speeds greater than 30 mph, the minimum unobstructed sight distance shall be in accordance with AASHTO requirements. Exceptions shall be reviewed with the Superintendent of Highways and Town Engineer.

(12) Traffic control devices.

(a) In order to provide safe and expedient movement of traffic to and from a commercial driveway, it may be necessary to install a traffic signal on the Town highway. Such traffic signal shall be installed, operated and maintained by the property owner under a permit issued by the Town Highway Superintendent. The permittee shall submit to the Town Highway Superintendent the name of a qualified firm or agency engaged to perform periodic repairs and maintenance of the signal. In case of an emergency, the Town Highway Superintendent is authorized to contact the permittee's agent directly to effect emergency adjustments of the signal operation. All repairs should be performed within the time specified on the permittee's application.

(b) If deemed necessary by Town Highway Superintendent, with consultations with the Town Engineer, other traffic control devices such as traffic signals, regulatory and warning signs, delineators, pavement markings and such other traffic control devices may have to be installed by the permittee on commercial driveways in accordance with the New York State Manual of Uniform Traffic Control Devices, latest revision.

E. Driveways. The use of a driveway in any of the following districts: R-40, R-80 and R-120, as such districts are established under § 240-24 of the Code of the Town of LaGrange, shall be limited to the occupants of the dwelling situate in the Town of LaGrange on the lot served by the driveway.

§ 199-4 Penalties for offenses.

Any person committing an offense against any provision of this Part 1 or this chapter shall be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Part 1 shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. In addition to the above-provided penalty and punishment for violations of this Part 1 of this chapter, the Town Board may also 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 any violation of this Part 1 of this chapter.