[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."
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.
DRIVEWAY
As used in this Part 1, the following terms shall have the meanings indicated:
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]
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]
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:
(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)
(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.
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.
