Village of Atlantic Beach, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 4-13-1977 by L.L. No. 3-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 200.
The following definitions shall apply in the interpretation and enforcement of this chapter:
BOARD OF TRUSTEES
The Board of Trustees of the Village of Atlantic Beach or their designated representative.
COMMERCIAL USE
All uses other than those related to single- and two-family dwellings.
CURB CUT
A reduction in height of the highway curb, or a hypothetical highway curb, at the driveway entrances, and shall be measured between the twenty-inch flares.
DRIVEWAY
That portion of land used for the purpose of affording a means of ingress and egress between private property and a "highway" as defined herein.
HIGHWAY
A street, roadway or highway maintained by the Village of Atlantic Beach.
NONCOMMERCIAL USE
Residential use as applied to one- and two-family dwellings.
PERSON
An individual, firm or corporation.
VILLAGE
The incorporated area of the Village of Atlantic Beach.
A. 
A person shall not, either at his own expense or on behalf of another person, make, construct or reconstruct, locate or relocate, relay or repair a driveway or curb cut abutting a highway without first obtaining a permit as herein provided, except: a permit shall not be required for any work performed under contract exclusively with the village.
B. 
All curb cuts and driveways shall be constructed as shown by the detailed plan and specifications made part of this chapter.[1]
[1]
Editor's Note: Said plans and specifications are on file in the village offices.
A. 
Each application for a permit shall be signed and acknowledged by the applicant and shall set forth, or there shall be attached thereto, a fully dimensioned plot plan showing the existing and proposed driveways, curbs and sidewalks of the subject property and on each side adjacent thereto.
B. 
Fees. The fees for noncommercial and commercial permits as set forth, from time to time, by resolution of the Board of Trustees.[1]
[Amended 4-14-1997 by L.L. No. 6-1997[2]]
[1]
Editor's Note: The current fee schedule is on file in the village offices.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Completion, reimbursement and assessment. Each application shall authorize the Board of Trustees to complete the repair, construction or reconstruction of driveway entrances and curb cuts whenever the Board of Trustees finds reasonable cause to conclude that the applicant fails, refuses or neglects to complete such repair, construction or reconstruction. The village shall be reimbursed for the cost of such repair, construction or reconstruction by assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete costs as incurred upon and from each lot or lots.
The Board of Trustees shall review each application and shall issue such permit upon compliance by the applicant with the provisions of this chapter, provided the Board of Trustees shall determine that:
A. 
The proposed driveway entrance or curb cut will not interfere with the orderly and reasonable use of adjacent property.
B. 
The proposed driveway entrance or curb cut will not create undue interference with vehicular traffic in the adjoining highway.
C. 
The proposed driveway entrance or curb cut will not adversely affect the health, safety, welfare, comfort and convenience of the inhabitants of the village.
Each curb cut and driveway for noncommercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the detailed plan-and-specification exhibit provided in this chapter and in accordance with the following additional specifications:
A. 
Curb cuts for dwellings shall be no greater than 10 feet for one-car access at the curbline.
B. 
Curb cuts for dwellings shall be no greater than 18 feet for two-car access at the curbline.
C. 
For corner property, the minimum distance permitted between any curb cut and the property line forming the adjoining street extended to the curbline shall be 25 feet.
D. 
A minimum distance of 24 inches from side property lines shall be maintained at the curbline for all curb cuts.
E. 
Curb cuts for connected or u-shaped driveways shall comply with the following requirements:
(1) 
Curb cuts for purposes of connected or u-shaped driveways shall require not less than 50 linear feet minimum frontage on one street or highway.
(2) 
Each connected or u-shaped driveway permitted under this subsection shall consist of either two ten-foot curb cuts or one ten-foot curb cut and one eighteen-foot curb cut.
(3) 
A minimum of 18 feet shall be required between curb cuts.
F. 
An existing curb cut may be supplemented by not more than one additional single-width ten-foot curb cut, provided that the proposed additional curb cut is located not less than 10 feet from the existing curb cut at the curbline, and the application otherwise meets all other requirements herein.
G. 
An existing ten-foot curb cut for an attached garage may be widened to an eighteen-foot curb cut when the application otherwise meets all other requirements herein.
Each curb cut and driveway for commercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the detailed plan-and-specification exhibit provided in this chapter and in accordance with the following additional specifications:
A. 
Normal curb cuts for commercial use shall be not greater than 25 feet at the curbline. However, should the applicant prove a requirement of greater width in order to accommodate larger vehicles, consideration for such greater width may be given.
B. 
For corner property the minimum distance permitted between any commercial-use curb cut and the property line forming the adjoining street extended to the curbline shall be 10 feet.
C. 
A minimum distance of five feet from side property lines shall be maintained at the curbline for all commercial use curb cuts.
D. 
Commercial-use curb cuts may be supplemented by additional commercial-use curb cuts, provided that all such curb cuts are not less than 25 feet one from the other at the curbline, and the application otherwise meets all other requirements herein.
Notwithstanding any facts concerning an application herein which may be contrary to the provisions of this chapter, the Board of Trustees may direct that a permit be issued if the Board shall find that strict compliance with these provisions will create practical difficulties or unnecessary hardships, or if he shall find that the proposed driveway entrance and curb cut shall be in the public interest.
The issuance of a permit herein does not constitute a waiver of any requirements respecting the subject property which may exist pursuant to statute, local law or ordinance.
A. 
Any person or corporation committing an offense against any of the provisions of this chapter or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a violation punishable by and subject to a fine of not more than $500 or by imprisonment for not more than 15 days or by both such fine and imprisonment for each such violation upon conviction of any section or provision of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each days continued offense shall constitute a separate violation.