[HISTORY: Adopted by the Town Board of the
Town of Milan 9-9-1968. Amendments
noted where applicable.]
[Amended 7-18-2016 by L.L. No. 2-2016]
No person, firm or corporation shall, after
the effective date of this chapter, cut, construct or locate any driveway
entrance or exit into a highway of the Town of Milan without having
first received a permit to do so from the Code Enforcement Officer
of said Town, such permit to expire in one year if work is not completed.
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 Milan shall make an application for a permit to do
so to the Code Enforcement Officer of said Town and pay a fee as set
by resolution of the Town Board.
[Amended 4-22-1996 by L.L. No. 1-1996; 7-18-2016 by L.L. No. 2-2016]
B.
In addition to the general standard driveway entrance
and exit crossing requirements, including sight clearance requirements,
set forth herein below, the Highway Superintendent of the Town of
Milan may impose any special requirements which the particular situation
at the location where such driveway is sought to be located requires,
in his judgment under the circumstances.
The standard driveway entrance and exit crossing
requirements shall be as follows:
A.
The applicant shall furnish all materials and bear
all costs of construction within the Town highway right-of-way, pay
all costs of work done and materials furnished as required to meet
the conditions of any permit issued by the Code Enforcement Officer.
[Amended 7-18-2016 by L.L. No. 2-2016]
B.
No alteration or addition shall be made to any driveway,
except for surfacing or resurfacing any driveway heretofore or hereafter
constructed, nor shall any driveway be relocated without first securing
a permit from the Code Enforcement Officer. Under any such circumstance,
full compliance with this chapter shall be required.
[Amended 7-18-2016 by L.L. No. 2-2016]
C.
The maximum width for an entrance or exit shall be
not more than 30 feet for residential use, measured at the property
line.
D.
The angle of the driveway with respect to the pavement
of the roadway shall not be less than 60°.
E.
No driveway shall be permitted within 50 feet of any
public highway intersection, unless it is shown it is a hardship case.
G.
The surface of the driveway entering upon a Town highway
shall be so constructed as to prevent the washing of materials on
the roadway.
H.
Upon satisfactory completion of all work and inspection
by the Town Highway Superintendent, said Highway Superintendent will
so state on the permit and sign same to this effect.
I.
Upon issuance of any permit by the Code Enforcement
Officer, the permittee shall post the same or true copy thereof upon
the premises where any driveway is being constructed, during the performance
of work.
[Amended 7-18-2016 by L.L. No. 2-2016]
The Town Board of Milan reserves the right to
amend or modify or change the provisions of this chapter and to make
an enforce any rules and regulations reasonably required to carry
out the purpose hereof and to vary the provisions and requirements
of this chapter for good cause shown.
A.
Any person, firm or corporation who violates the provisions
of this chapter shall be guilty of an offense, punishable by a fine
not more than $250 or by imprisonment, in the case of the individual,
for not more than 15 days, or both such fine or imprisonment.
[Amended 4-22-1996 by L.L. No. 1-1996]
B.
In addition to the above provided penalty and punishment
for violations 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 and/or to restrain by injunction
any violation of this chapter.
[Added 4-10-2006 by L.L. No. 5-2006]
A.
Snow removed from a private driveway shall not be
plowed into or block any public right-of-way of the Town of Milan.
