[Adopted 1-27-1997 by L.L. No. 2-1997 (Ch. 62 of the 1975 Code)]
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.
A. 
Any person, firm or corporation desiring to make, construct or locate a street or driveway entrance or exit into a highway of the Town of Blooming Grove shall make an application for a permit to do so to the Town Clerk and pay a fee as set by resolution of the Town Board. All applications shall be made in the name of the property owner seeking to have the work done and of the contractor performing the work.
B. 
In addition to the general standard street and driveway entrance and exit requirements, including sight clearance requirements, set forth herein below, the Highway Superintendent of the Town of Blooming Grove may impose any special requirements, in his judgment under the circumstances, to address a particular situation at the location where such street or driveway is sought to be located.
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.
A. 
Any person, firm or corporation who violates the provisions of this article shall be guilty of an offense, punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both such fine and imprisonment.
B. 
In addition to the above provided penalty and punishment for violations of this article, 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 article.
C. 
In addition to and not in lieu of the above, in the event that any applicant, person, firm or corporation fails to comply with the terms of this article or rules or regulations promulgated hereunder with respect to the location or construction of any street or driveway or fails to properly restore the Town highway right-of-way upon completion of work, the Town may, upon due notice, correct the work and/or restore the disturbed right-of-way at the cost and expense of the applicant and/or property owner. The total cost of work performed by the Town, its employees, agents or contractors, including reasonable engineering and attorney's fees, shall be billed to the applicant and/or property owner and, if not paid within 30 days, said cost shall be a lien on the property and shall be levied, assessed and collected in the same manner as real property taxes.