[HISTORY: Adopted by the Town Board of the
Town of Horseheads 9-14-1966; amended in its entirety 3-14-2007 by Res. No. 74-2007. Subsequent amendments noted where applicable.]
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 Horseheads without
having first received a permit to do so from the Superintendent of
Highways of said Town.
Any person, firm or corporation desiring to
make, construct or locate a driveway entrance or exit into a Town
highway of the Town of Horseheads 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 herein below, the Highway Superintendent of the Town of
Horseheads may impose any special requirements which the particular
situation at the location where such driveway is sought to be located
requires in his or her 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 and
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.
B.
No alteration or addition shall be made to any driveway
heretofore or hereafter constructed nor shall any such driveway be
relocated without first securing a new permit from the Town Highway
Superintendent.
C.
No more than two driveways to a single commercial
establishment entering on one highway shall be permitted.
D.
The maximum width for a single combined entrance or
exit shall be not more than 50 feet for commercial use and not more
than 20 feet for residential use. The maximum width for each driveway
for commercial use when two or more are permitted shall not be more
than 35 feet. For residential use, the Town Highway Superintendent
may, in his or her sole discretion, allow two driveways, and, when
two are permitted, the maximum width of each driveway shall be not
more than 15 feet.
E.
The angle of the driveway with respect to the pavement
shall not be less than 45°.
F.
No driveway will be permitted within 25 feet of any
public highway intersection.
G.
No driveway will be permitted where sight distance
is less than 350 feet in each direction.
H.
A fully dimensioned plan of the proposed driveway
shall be attached to each application for a permit required hereunder.
I.
Any culvert pipe required to be installed at such
driveway entrance or exit shall be of polyethylene smooth interior
pipe or other construction pipe as may be approved by the Town Highway
Superintendent, no smaller than 12 inches in diameter and no shorter
than 20 feet in length.
J.
The requirements of this section may be waived by
the Town Highway Superintendent in the event that, in his or her judgment,
their application would be unreasonable, unnecessary or impractical.
Application shall submit justification for such waiver in written
form for approval by the Town Highway Superintendent and the Code
Enforcement Officer.
K.
Driveways that originate on the uphill side of a roadway
shall be graded in such a manner as to provide a one-percent reverse
grade so that all stormwater drainage created as a result of constructing
a driveway shall be directed in such a manner as to not drain directly
onto the Town road. This type of cut and subsequent drainage patterns
shall be shown on the application, map or plan.
Any person, firm or corporation who violates the provisions of this chapter shall be punished as provided in Chapter 1, Article II. 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 chapter.
