[HISTORY: Adopted by the Town Board of the Town of Malta 9-2-1980 by Ord. No. 3-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 139.
This chapter shall be known as "Chapter 70, Driveways."
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
TOWN SUPERINTENDENT OF HIGHWAYS
The Town Superintendent of Highways of the Town of Malta.
A. 
In accordance with the provisions of Subdivision 7-a of § 130 of the Town Law and § 213 of the Highway Law, no person shall locate or construct a driveway entrance or exit without first having obtained an approved written permit therefor from the Town Superintendent of Highways or his designee.
B. 
Any person desiring to locate and construct a driveway from property abutting a Town highway shall submit an application for a permit to construct a driveway connection within the right-of-way of a Town highway to the Town Superintendent of Highways.
Prior to the issuance of a driveway construction permit, an applicant shall complete and submit an application to the Town Superintendent of Highways, which shall contain the following information:
A. 
The location of the proposed driveway identifying the Town road and the roads adjacent thereto.
B. 
The owners of the abutting property.
C. 
The number of driveways requested and the proposed width of each driveway.
D. 
The proposed use, whether residential, farm, commercial or other, of the driveway. If the proposed use is commercial or other, the Superintendent of Highways may request additional information not set forth above.
The following general requirements are applicable to all applications for a driveway construction permit:
A. 
The construction shall be in accordance with requirements as determined by the Town Superintendent of Highways and shall include the requirements which are delineated by the Town Superintendent of Highways on a planned standard driveway ditch crossing, which shall be attached to the application for a driveway construction permit.
B. 
The applicant shall furnish all materials and bear all costs of construction within the Town Highway right-of-way, and all work done and materials used shall meet the requirements of the Town of Malta Highway Department.
C. 
No alteration or addition shall be made to any driveway by any person without securing a new permit from the Town Superintendent of Highways.
D. 
No more than two driveways shall be permitted to a single commercial establishment entering on one highway.
E. 
The maximum width of a single combined entrance and exit shall be not more than 50 feet nor less than 30 feet for a commercial use and not more than 20 feet nor less than 10 feet for a residential use. The maximum width for each driveway wherever two are permitted shall not be more than 40 feet nor less than 20 feet.
F. 
The angle of the driveway with respect to the pavement edge shall be not less than 45º.
G. 
No driveway shall be permitted within 50 feet of a highway intersection.[1]
[1]
Editor's Note: Original Subsection (h), regarding sight distance, as amended 9-2-1980 by L.L. No. 3-1980, which immediately followed this subsection, was repealed 5-1-1995 by L.L. No. 2-1995.
H. 
A full plan of the proposed driveway shall be attached to each application for a commercial driveway permit.
A. 
The Superintendent of Highways may upon receipt of an application for a driveway permit request additional information as may be required to complete his review.
B. 
No incomplete application will be accepted for review.
The Town Superintendent of Highways will review such application and any additional pertinent information and may approve or disapprove such application with regard to the achievement of the objective of maximum safety of vehicular access and egress from the site to existing respective streets and highways. In the event that the Superintendent of Highways disapproves an application for a driveway construction permit, the Town Superintendent of Highways shall state, in writing, his reasons for the disapproval of such permit.
[Amended 5-1-1995 by L.L. No. 2-1995]
Any person who failed to obtain a driveway construction permit when such is required shall be subject to a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both, for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue. In addition to the above-provided penalty and punishment, 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 restrain by injunction the violation of this chapter.