[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 10-11-2017 by L.L. No. 4-2017. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 79.
Subdivision of land — See Ch. 82.
Zoning — See Ch. 98.
Editor's Note: This ordinance also provided for the repeal of former Ch. 46, Driveways and Highway Work Permits, adopted 8-15-2001 by L.L. No. 11-2001.
No curb cut, road opening or driveway entrance or exit and no alterations, change, change of use, relocation, reconstruction, or resurfacing of an existing driveway entrance or exit, road opening or curb cut, subsequently herein referred to as an "operation," shall be constructed by owners and occupants of property abutting on Town highways for any purpose whatsoever until a written permit thereof has been duly issued as herein provided and in accordance with the procedures otherwise set forth in this article.
Application for a permit under this article shall be made to the Superintendent of Highways, in writing, in duplicate, on a form prescribed by the Highway Superintendent for each such operation and shall contain the following information:
Full name and address of the applicant.
Full name and address of the owner or owners of the property in front of which the operation is to be performed.
Site plan inclusive of approved locations of proposed driveway, building(s), well and septic system along will all departmental approval documents.
The date or dates when the proposed operation is to be commenced and the date or dates when the operation is to be completed. Driveway permits expire after one year with a renewal of one additional year, at 50% of the original fee, if filed prior to expiration.
Applicant is responsible to the New York State Underground Utility Protection Law relating to, but not limited to, electric lines, cable TV, gas, telephone, etc.
Any additional information which may be reasonably required by the Superintendent of Highways.
A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted in full and strict compliance and in accordance with the conditions of the permit, and any and all provisions of the Town Law and other applicable statutes and laws and ordinances of the Town of Pleasant Valley.
Upon receipt of the application as provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or denying a permit. No permit shall be issued by the Highway Superintendent except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of Pleasant Valley.
Any change of use of property served by a driveway shall require a new application and a new permit.
Exceptions. The resurfacing of an existing driveway, as defined in § 46-6, that is in compliance with existing and/or current requirements, shall enable the Superintendent of Highways to waive the requirements of this section, including, but not limited to, the requirement for a permit application and all associated fees.
Said permit, when issued, shall contain the following conditions to be complied with by the permittee:
The proposed driveway, road opening or curb cut, at the point of entrance on the Town highway, shall have an unobstructed sight distance of 300 feet minimum to 400 feet maximum, in either direction, to be determined by posted speed limit. This shall be measured from a point 12 feet in from the edge of the Town highway.
The grade, width and drainage of said proposed driveway work, road opening or curb cut shall minimize any possible damage or injury to the Town highway and shall be such as to provide the maximum safety for all traffic on the Town highway in the area of the entrance of said proposed driveway, road opening or curb cut on said Town highway. A blacktop apron, as required by the permit specification and/or Highway Superintendent, shall be the only material allowed to abut to a Town road.
The maximum width for a single combined entrance and exit shall be not more than 30 feet for residential use, measured at the property line.
The angle of the driveway with respect to the pavement of the highway shall not be less than 60°.
No driveway shall be permitted within 50 feet of any public highway intersection.
All driveways with a grade of 3% or more but less than 6% which are downgradient toward the road shall be paved their first 100 feet from the edge of the highway pavement or the length of the driveway which is downgradient toward the highway, whichever is less.
All driveways with a grade of 6% or more downgradient toward the highway shall be paved for the length of the driveway which is immediately downgradient toward the highway or the first 100 feet, whichever is greater.
No portion of any driveway shall exceed a grade of 15% in either the upgradient or downgradient direction.
Any changes in grade, location or these requirements can be made with the approval of the Superintendent of Highways and the Engineer for the Town.
All driveways over 1,000 feet in length from a state, county, or Town highway shall be marked with appropriate markings approved by the Fire Department to facilitate the fighting of fires and provision of emergency services. Pleasant Valley Fire Advisory Board recommendations may be instituted as requirements in addition to the provisions of this section or any other section of the Town of Pleasant Valley Building Code.
All driveway work, curb cuts or road openings resurfacing, etc., shall have a blacktop apron as designated on the driveway permit application or as designated by the Highway Superintendent.
Any additional requirements which may be imposed by the Superintendent of Highways for the preservation of the Town highway at the point of entrance of the proposed driveway, road opening or curb cut onto the Town highway and for minimizing hazards and dangers to the traffic on said public highway.
The Superintendent of Highways shall determine if a culvert pipe or a swale shall be required. If a swale is required, it shall be located at the ditch line so water will follow the ditch line and not flow into the Town road. If a culvert pipe is required, it is to be located in the ditch line so as to permit water to flow under the driveway unobstructed.
Roadway and right-of-way must be kept clean of all debris, mud, stone, etc. Any permit may be revoked if the applicant does not comply.
Upon notification by the permittee of the completion of the proposed driveway work, the Superintendent of Highways and/or Town Engineer shall inspect said driveway to determine that its completion is in accordance with the permit and any associated requirements. When the Superintendent of Highways is satisfied that the conditions of such permit have been met, he shall issue a certificate of compliance. There shall be no use of such driveway for any purpose other than the construction of same until such certificate of compliance has been issued. No certificate of occupancy shall be issued by the Building Inspector and/or Zoning Administrator of the Town of Pleasant Valley, or his duly appointed agent, until a certificate of compliance has been issued for the driveway.
In order to have a permit issued, the applicant shall pay, by certified check, cash or money order, the following:
Fees to cover the cost of issuing the permit, supervision and inspection of the operation done in connection therewith; said fees to be in that amount as set forth in the Town of Pleasant Valley fee/deposit list filled in the office of the Town Clerk; which fee/deposit list may from time to time be modified pursuant to resolution of the Town Board.
Deposits to secure the proper excavation and restoration of the pertinent excavated areas as set forth in the Town of Pleasant Valley fee/deposit list filed in the Office of the Town Clerk, which fee/deposit list may from time to time be modified pursuant to resolution of the Town Board.
Said deposit shall be retained by the Town of Pleasant Valley until a certificate of compliance shall have been issued by the Superintendent of Highways.
Upon failure or default by the permittee of or in any of the terms, agreements, covenants, including the use of a proper culvert, and conditions of the permit on the permittee's part to be done, performed or completed, said deposit may be used by the Town, in order to complete the work to compliance, by reason of such failure or default on the part of the permittee; and any balance left after the expense caused by such default or failure, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee.
The completion of all conditions set forth on any permit shall be a condition precedent to the issuance of the pertinent certificate of occupancy.
In the event of a seasonal, material availability, weather related, or any other circumstance deemed exceptional and/or out of the control of the applicant preventing the completion of a driveway, at the sole discretion of the Highway Superintendent and/or Town Engineer, a temporary certificate of occupancy may be granted. A time limit shall be set for the completion of the driveway that is reasonable as it relates to the circumstances of the delay. In no event shall a temporary certificate of occupancy be authorized for a period to exceed six months. If the driveway is not completed within the period of extension, the Town has the right to contract for the completion of the drives using the escrow payment.
As used in this chapter, the following terms shall have the meanings indicated:
- Any work for the installation of a new driveway/curb cut or an addition/extension to an existing driveway/curb cut or work on an existing driveway/curb cut not being relocated.
- CURB CUT AND ROAD OPENING
- Temporary or permanent access from an existing road to any off-road use. An existing "occasional use" access being repurposed as "active use" and/or modified in any way shall be considered a new driveway and shall fall under the provisions of this chapter.
- Access to an existing single-family dwelling or to an active commercial establishment with at least one existing commercial building. Existing "occasional use" or other access points to allow for off-road access are not considered driveways. Farm use access points are also not considered driveways.
- The removal and/or relocation, and subsequent replacement, of a section, portion of or the entire removal and replacement of an existing permitted or nonpermitted driveway.
- To blacktop, cement or install paving blocks over an existing blacktop, cement or paving block driveway that meets existing code provisions or has been permitted and accepted as an approved driveway via the provisions of this article. Item 4 or other such aggregate material is not considered resurfacing.
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
In addition to the foregoing in the event any violations exist, the code enforcement officer is also authorized to issue a stop-work order for violations associated with this chapter.