[Adopted 8-4-1988 by L.L. No. 3-1988]
This article shall be known and may be cited as the "Town of Forestburgh
Driveway Law."
The Town Board of the Town of Forestburgh finds that the unregulated
construction of driveways for use by vehicles entering upon and exiting from
Town highways presents a hazard to the public health, safety, general welfare
and to property and interferes with maintenance of Town highways by the Town
of Forestburgh Highway Department. The purpose of this article is to prevent
unregulated construction and reconstruction of driveways, require permits
to ensure that such driveways shall meet certain minimum standards and thereby
promote the public health, safety and general welfare.
As used in this article, the following terms shall have the meanings
indicated:
Any drive, course or path, whether or not improved, by which a motor
vehicle, as defined in the Vehicle and Traffic Law of the State of New York,
shall have access to or from a Town highway and adjacent property.
The Superintendent of Highways of the Town of Forestburgh.
A.
No person, firm or corporation shall commence the construction
or reconstruction of a driveway, or cause the same to be done, or use a driveway
constructed after the effective date of this article without first obtaining
a permit for each such driveway from the Superintendent.
B.
Application for the driveway permit shall be made to
the Superintendent on forms prepared by him and shall contain the following
information:
(1)
The name, address and telephone number of the applicant,
the owner of the property upon which the driveway is being constructed and
the contractor, if any.
(2)
The name and/or number of the Town highway and the exact
location of the proposed driveway.
(3)
If the property is part of a subdivision, the name of
the subdivision and date of approval thereof by the Planning Board of the
Town of Forestburgh.
(4)
A detailed map, plan or sketch of the proposed driveway,
including a description of the method of construction.
(5)
Such other information as may be reasonably required
by the Superintendent to establish compliance with the provisions of this
article.
A.
The Superintendent shall examine all applications for
permits and the plans, specifications and documents filed therewith. He shall
approve or disapprove the application within a reasonable time. No application
shall be deemed filed until such time as all of the information required by
this article has been furnished to the Superintendent, together with payment
of the applicable fee as hereinafter established.
B.
Upon approval of the application and receipt of the fee
herein provided, the Superintendent shall issue a driveway construction permit
containing the following conditions and restrictions:
(1)
The permit shall not be assigned or transferred without
the written consent of the Superintendent.
(2)
The Superintendent shall be given notice of one week
by the applicant of the date work authorized by the permit is intended to
begin and prompt notice of its completion.
(3)
Work under the permit is to be commenced within 30 days
from the date of the permit and shall continue in an expeditious manner.
(4)
All work shall be conducted under such conditions, regulations
and supervision as may be prescribed by the Superintendent.
(5)
The applicant shall be responsible for all damages resulting
in bodily injury, including death, and/or property damage due to the activities
of the applicant or his agents.
(6)
All surplus earth, rubbish and other materials shall
be removed upon completion of the work and the Town highway left in a neat
and orderly condition.
(7)
Traffic shall be maintained by the applicant while the
work is in progress and until its final completion.
(8)
Any injury or disturbance to the paved portion of the
highway, its shoulders or drainage ditches which may occur by reason of the
construction shall be repaired by and at the expense of the applicant and
to the satisfaction of the Superintendent.
(9)
The applicant is to keep in good repair all pipes and
other miscellaneous structures which may be placed within the bounds of the
highway under the terms of the permit and will make all repairs necessary
thereto upon notice by the Superintendent.
(10)
The Superintendent may, upon failure of the applicant
to comply with any of the conditions contained in the permit, revoke the same
and remove any pipes and other miscellaneous structures which may have been
placed in the highway pursuant to the permit.
(11)
All driveway culvert pipes installed within highway ditches
shall be constructed from no less than sixteen-gauge galvanized or tarred
corrugated steel, or smooth bore polyethylene or one-quarter-inch thick steel
pipe and shall be a minimum of 21 feet in length, and a minimum of 12 inches
in diameter, unless otherwise specified by the Superintendent.
[Amended 6-6-1996 by L.L.
No. 1-1996]
(12)
All driveways must intersect Town highways at a ninety-degree
angle unless otherwise specified by the Superintendent.
(13)
Such further special conditions as the Superintendent
may reasonably deem necessary may be required.
C.
Upon completion of construction, the applicant shall
notify the Superintendent. The Superintendent shall thereafter inspect the
driveway and, if it has been constructed in compliance with the provisions
of this article, issue a final permit.
Every application for a driveway permit shall be accompanied by a fee,
the amount of which shall be fixed from time to time by resolution of the
Town Board.
A.
Any person, firm or corporation who shall fail to comply
with any provision of this article shall, upon conviction, be guilty of a
violation pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days,
or both.
B.
For every violation of any provision of this article,
the person, firm or corporation violating the same shall be subject to a civil
penalty enforceable and collectible by the Town in the amount of $250. Such
penalty shall be collectible by and in the name of the Town.
C.
Each day of continued violation after notice thereof
shall constitute a separate violation.
D.
In addition to the above-provided penalties, 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 to restrain
by injunction the violation of any part of this article.
A.
In their interpretation and application, the provisions
of this article shall be held to be the minimum requirements for promotion
of the public health, safety and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. This article is not intended to interfere
with, abrogate or annul any other ordinance, rule or regulation, statute or
other provision of law. Where any provision of this article imposes restrictions
different from those imposed by any other ordinance, rule or regulation or
other provision of law, whichever provisions are more restrictive or impose
higher standards shall control.
(2)
Private provisions. This article is not intended to abrogate
any easement, covenant or any other private agreement or restriction, provided
that where the provisions of this article are more restrictive or impose higher
standards or regulations than such easement, covenant or other private agreement
or restriction, the requirements of this article shall govern. Where the provisions
of the easement, covenant or private agreement or restrictions impose duties
and obligations more restrictive or impose higher standards than the requirements
of this article, and such private provisions are not inconsistent with this
article or determinations hereunder, then such private provisions shall be
operative and supplemental to this article and the determinations made hereunder.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)
In the interest of the public safety to maintain sight distances, it
is prohibited to plant any new tree, shrub, bush or fence or other obstructions
planted or erected within 15 feet of a Town road.
