[HISTORY: Adopted by the Town Board of the
Town of Southeast as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 54A.
Excavations and grading — See Ch. 69.
Stormwater management and erosion control — See Ch. 119.
Streets and sidewalks — See Ch. 121.
Subdivision of land — See Ch. 123.
Vehicles and traffic — See Ch. 131.
Zoning — See Ch. 138.
Parking lot rules and regulations — See Ch. A142.
Road and drainage specifications — See Ch. A143.
[Adopted 3-26-1977 by L.L. No. 1-1977]
A.
It is declared to be the purpose of this article to
prevent and deter the continuing erosion, destruction and costs of
repairing Town highways in the Town of Southeast, which destruction
has arisen as a result of the lack of conformity in driveways and
drainage standards of both residential and commercial construction
within said Town.
B.
In order to alleviate the traffic hazards and to eliminate
the impaired condition of the Town highway system and to eliminate
the additional repair and maintenance costs caused or aggravated by
drain problems, this article is hereby adopted.
No person, association, corporation or firm
shall excavate in, upon, under or immediately adjoining any Town highway
located in the Town of Southeast or street in a subdivision approved
by the Southeast Planning Board without having first obtained a written
permit for said excavation, which permit shall be issued in accordance
with the provisions of this article.
No person, association, corporation or firm
shall lay, construct, open or maintain any drain or conductor pipe
in such a manner that the water from said drain or conductor pipe
shall be discharged upon any Town highway in the Town of Southeast
or street in a subdivision approved by the Southeast Planning Board
without having first obtained a permit in accordance with the provisions
of this article.
No person, association, corporation or firm
shall establish, build, construct, reconstruct or pave a driveway
or private driveway for vehicular traffic which abuts upon or adjoins
a Town highway or street in a subdivision approved by the Southeast
Planning Board without having first obtained a written permit in accordance
with the provisions of this article.
The Town Board of the Town of Southeast shall
adopt and may by resolution amend, as required, the specifications
concerning the construction of driveways abutting a Town highway or
a street in a subdivision approved by the Southeast Planning Board.
In adopting or amending such specifications, it shall consider the
location of said driveway, its effect upon the highway drainage system,
its effect upon the safety of said highway to the users thereof, the
width and character of the affected highway, the density of the traffic
upon said highway and the character and nature of said traffic. No
such permits shall be issued except and unless the driveway, construction
or excavation shall conform to the specifications as adopted by the
Town Board.[1]
A.
The Town Board of the Town of Southeast may require
the posting of a performance bond or other security, in an amount
to be determined by that Board upon recommendation from the Highway
Superintendent of the Town of Southeast, to insure completion of the
proposed driveway construction or excavation in accordance with the
permit application prior to the issuance of any permit in accordance
with the provisions of this article.
A.
No building permit shall be issued for any structure
which requires a new or improved driveway or access road until the
Superintendent or his authorized representative has issued a driveway
permit in accordance with this article and general specifications
governing construction of driveways in the Town.
B.
No certificate of occupancy shall be approved until
the Superintendent or his authorized representative approves the driveway
or extends the driveway permit.
C.
An application for a driveway permit pursuant to this
article shall be made upon a form approved by the Town Board and shall
be delivered when completed to the Town Highway Superintendent, who
shall process the same in accordance with this article and the specifications
adopted by the Town Board.
D.
If a proposed driveway is not constructed within one
year of the date of an issuance of a permit by the Superintendent,
said permit shall be null and void.
[Amended 6-16-1988 by L.L. No. 5-1988]
The application for a driveway permit shall
be accompanied by a fee as set forth from time to time by resolution
of the Town Board, made payable to the Town of Southeast.
[Amended 6-16-1988 by L.L. No. 5-1988]
Any violation of this article is hereby declared to be a violation, punishable by a fine not to exceed $250 or imprisonment for a period of up to 15 days, or both. Each week of continued violation shall constitute a separate and additional violation. The Town Board may also provide for additional penalties in the specifications adopted pursuant to § 64-5 of this article.
This article shall take effect immediately and
shall be applicable only to construction or reconstruction after the
effective date hereof.
[Adopted 6-21-1990 by L.L. No. 3-1990]
As used herein, the words listed below shall
have the following meanings:
A Town highway, Town street or Town road.
A street in a subdivision approved by the Southeast Planning
Board but not accepted by the Town of Southeast.
The Highway Superintendent of the Town of Southeast.
The Town of Southeast.
The Town Board of the Town of Southeast.
The attorney acting for and on behalf of the Town of Southeast
as authorized by the Town Board.
These specifications shall apply to the construction
of new driveways and shall also apply to the reconstruction and/or
paving of existing driveways, except that in the latter case the Superintendent
may waive certain requirements contained herein if he finds that extraordinary
and unnecessary hardships may result from strict compliance with these
specifications.
A driveway or access road serving private property
and intersecting with a highway or street shall be constructed in
such a manner that it does not interfere with the existing drainage,
the movement of traffic or the removal of snow from the abutting highway
or street.
The driveway shall be constructed in such a
manner that it does not permit the runoff of water from the abutting
highway or street to enter into the property of the owner or adjacent
properties, thereby creating a nuisance to the Town and a property
owner, unless an easement, in form satisfactory to the Town Counsel
and approved by the Town Board, is granted by such owner to the Town
for such runoff.
Driveways shall be graded for a distance of
at least 25 feet in from the right-of-way line of an abutting highway
or street so as to prevent erosion of earth materials onto Town property
or the street right-of-way and shall be designed in a manner so as
to confine the surface water to the gutter areas and permit free flowage
of the water in the waterways of the highway or street. Driveway grades
for that portion of the driveway within the right-of-way of a highway
or street shall conform to the profile for curb cut and driveway shown
on the typical road sections contained in the Road and Drainage Specifications
of the Town of Southeast.[1] Where a driveway will abut an existing highway or street
that does not conform to the required pavement width of said typical
road sections, that portion of the driveway lying within the standard
pavement dimension from center line to curbline shall continue the
required pavement cross-slope from the existing edge of the pavement
to the required curbline, as shown on said typical road sections.
Changes in driveway grades beyond the highway or street right-of-way
shall not exceed 8% per 10 feet, and the maximum grade shall not exceed
15%.
All applicants are to provide staking at the
location of the driveway.
Driveways shall be paved and surfaced as follows:
A.
Driveways that have a descending grade from the highway
or street shall be paved with a minimum of two inches of compacted
dense-graded bituminous concrete placed over a minimum of eight inches
of well-graded run-of-bank gravel, and said pavement shall extend
from the intersection of the driveway with the highway or street edge
of the pavement to the right-of-way line of the highway or street
or to a distance of 25 feet from said edge of pavement, whichever
is greater. The remainder of the driveway shall have a surface course
of at least eight inches of compacted well-graded run-of-bank gravel.
B.
Driveways that have an ascending grade from the highway
or street shall be paved as specified hereinabove for driveways with
a descending grade, except that the bituminous concrete pavement shall
extend the full length of the driveway.
C.
The minimum width of driveway pavement shall be 10
feet, and the minimum corner radius at the intersection of a highway
or street and sides of the driveway pavement shall be five feet. The
maximum width of driveway and the maximum corner radii shall be as
approved by the Superintendent.
Where culverts under driveways are required
by the Superintendent within the highway or street right-of-way, such
culverts shall be constructed of asphalt-coated corrugated metal pipe
or reinforced concrete pipe and shall be of such size, not less than
15 inches in diameter, as to adequately convey under the driveway
all surface runoff which may be reasonably expected to reach the culvert
inlet. Inlet and outlet ends of culverts shall have rubble stone or
concrete endwalls or metal end sections.
Where the topography of lands contiguous to
an ascending driveway is such that stormwater runoff from these lands
would discharge onto said driveway, special provisions shall be made
to prevent this runoff from flowing from the driveway onto the abutting
highway or street. Such special provisions shall be as approved by
the Superintendent.
The Superintendent may require the removal of
sight obstructions or adjustments of cut slopes adjacent to intersections
of a private driveway with a highway or street in order to assure
an adequate sight distance at the intersection.
All earth slopes within the highway or street
right-of-way shall not be steeper than one unit vertical to 1 1/2
units horizontal, shall be covered with a minimum of four inches of
topsoil and shall be suitably seeded or planted with a permanent grass-type
seed mixture to prevent erosion.
The owner and owner's contractor shall hold
the Town, the Superintendent and their agents and employees harmless
against any action for personal injury or property damage sustained
by reason of the exercise of this permit.
The Superintendent or his authorized representative
must inspect the site of the proposed driveway before any permit for
construction of the driveway is issued. The Superintendent or his
authorized representative shall be notified at least 48 hours in advance
of beginning any driveway construction operations.
If a proposed driveway is not constructed within
one year from the date of issuance of a permit by the Superintendent
for said driveway, the permit shall be null and void.
All construction work covered by a driveway
permit shall be subject to the inspection and approval of the Superintendent
or his authorized representative and completed within 90 days after
commencing construction, unless an extension of time is granted by
the Superintendent upon written application by the owner for such
extension and for good cause shown. Said extension of time by the
Superintendent shall not exceed 150 days and shall not be issued by
the Superintendent until a minimum of eight inches of compacted well-graded
run-of-bank gravel has been placed on the driveway subgrade in such
manner as to permit safe and convenient usage of the driveway. Such
extension of time shall be conditioned upon the receipt of a permit
bond. The owner of said driveway shall provide the Town Council with
a permit bond form, with surety and conditions satisfactory to the
Town Council, in the sum of $2,000.
In the event that a driveway is not completed
in accordance with these specifications within 90 days after commencing
construction or in the event that an extension of time has been given
by the Superintendent, within 150 days from the date of issuance of
said extension, the owner of said driveway shall be liable to a penalty
of $5 per day for each day beyond the permitted completion date that
the driveway remains uncompleted, up to a maximum of $500.
In the event that the Superintendent is required
to make more than one inspection, the applicant will be required to
pay the sum of $300 in advance of such inspection for each additional
inspection.
All applications for a driveway permit must
be accompanied by a nonrefundable application fee of $25. No action
will be taken upon such application until the fee is paid. Such application
shall be in the form prescribed by the Highway Superintendent and
shall be in a manner similar to that annexed hereto.[1]
[1]
Editor's Note: The driveway permit application form is included at the end of this chapter.
The issuance of a driveway permit does not supersede
or modify in any respect any provisions of the Town Building Code
or any other conflicting provisions within the Town Code. In the event
of such conflict, those other provisions shall control.
The payment of the application fee shall be
made to the Receiver of Taxes during normal business hours. Upon payment
of such fee, the Receiver of Taxes will indicate that payment has
been made.
