This article is intended to regulate the location,
design, specifications and construction of all streets and driveways
which intersect with or otherwise enter, exit or cross a Town highway
and to regulate all work performed within the Town highway right-of-way.
No person, firm or corporation shall cut, construct
or locate any street or driveway entrance or exit onto a highway of
the Town of Blooming Grove without having first received a permit
to do so from the Town Clerk, such permit to expire in one year if
work is not completed.
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 and restoration within the Town highway
right-of-way and pay all costs of work done and materials furnished
as required to meet the conditions of any permit issued by the Town
Clerk.
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 Town Clerk. Under any such circumstances, full compliance
with this article shall be required.
C. The maximum width for a driveway entrance or exit
shall be not more than 12 feet for residential use, measured at the
property line.
D. The horizontal angle of the driveway with respect
to the pavement of the roadway shall be not less than 60°.
E. No driveway shall be permitted within 75 feet of any
public highway intersection, unless the applicant demonstrates a hardship
to the Highway Superintendent.
F. Whenever deemed necessary by the Highway Superintendent,
a driveway culvert of a type and size determined by the Highway Superintendent
shall be furnished and installed by the applicant.
G. The elevation of the top of any curbs will be depressed
four inches at driveway locations.
H. The first 10 feet of driveway surface entering upon
a Town highway shall be paved with an asphalt or concrete surface
and graded so as to prevent the washing of materials on to the roadway.
I. Wherever possible, as determined by the Highway Superintendent,
a negative grade below the highway of at least 2% shall be established
for at least the first 15 feet measured along the driveway from the
highway line.
J. No driveway grade shall exceed 10% for a distance
of at least 50 feet measured along the driveway from the highway line.
At no other point, however, shall the grade of any driveway exceed
15%.
K. When any portion of a driveway grade exceeds 10% in the limited manner permitted in Subsection
J, a driveway turnaround suitable for automobile use and having a grade not in excess of 5% shall be provided.
L. Upon satisfactory completion of all work and inspection
by the Town Highway Superintendent, said Highway Superintendent will
so state on the permit and sign the same to this effect.
M. Upon issuance of any permit by the Town Clerk, the
permittee shall post the same or true copy thereof upon the premises
where any driveway is being constructed, during the performance of
work.
N. The Town highway right-of-way shall be restored by
the applicant to its condition prior to commencement of work, as determined
and approved by the Highway Superintendent.
O. Each application shall be accompanied by a cash deposit
of $500 or such higher amount as the Highway Superintendent deems
adequate to secure the cost of restoring any road area disturbed to
a condition that meets the approval of the Highway Superintendent;
and by a separate cash deposit to cover inspection fees in an amount
of 6% of the security deposit. Notwithstanding the amount of the security
deposit, the applicant shall be responsible for the full cost of restoration.
All unused security deposits and inspection fees shall be returned
to the applicant.
P. Each application shall be accompanied by a certificate
of insurance, in a form approved by the Town Attorney, and issued
by an insurance company authorized to do business in the State of
New York, naming the Town of Blooming Grove as an insured and certifying
that the applicant has obtained public liability coverage of not less
than $100,000/$300,000 and property damage insurance of $50,000/$100,000,
and shall include a provision that said coverage cannot be canceled
or fail to be renewed without 10 days' prior written notice to the
Town. In addition, the applicant agrees as a condition of the permit
to hold the Town harmless from all claims, damages, injuries, costs,
actions and proceedings brought by any person for injury to person
or property resulting from or occasioned by any act or omission of
the person to whom the permit is issued or by anyone acting thereunder
on his behalf.