This Part 3 is adopted for the purpose of regulating:
A. The location and construction of utility facilities
and other structures within the rights-of-way and bounds of streets,
highways and roads of the Town of Liberty.
B. The location, design, construction, maintenance and
drainage of access driveways and private roads within the rights-of-way
and bounds of streets, highways and roads of the Town of Liberty,
for the purpose of ensuring the structural integrity of such driveways
or private roads, avoidance of costs to the Town of Liberty for returning
Town streets, highways and roads to their original condition, economy
of maintenance, preservation of proper drainage and safe and convenient
passage of traffic.
As used in this Part 3, the following terms
shall have the meanings indicated:
ACCESS DRIVEWAY
A private road or drive providing vehicular access to any
structure or structures, building or buildings, lot or lots or parcel
or parcels of land.
APPLICANT
The owner of land, or the owner's authorized agent, proposing
to obtain access to a Town street, highway or road.
PRIVATE ROAD
A road or drive which is owned and maintained by anyone other
than the Town of Liberty, the County of Sullivan or the State of New
York.
TOWN HIGHWAY SUPERINTENDENT
The Highway Superintendent of the Town of Liberty or the
Highway Superintendent's authorized representative.
The application for a permit required pursuant
to this Part 3 shall be on a form prescribed by the Town Highway Superintendent,
who shall also specify the number of copies required. The application
for permit shall be made to the Town Highway Superintendent and be
accompanied by the required number of copies of a plan detailing the
location and pertinent dimensions of the opening, the proposed installation
and method of construction and related street highway features (width
of traveled roadway, right-of-way lines, distance to the lot lines).
The plan shall also provide details with respect to culvert or similar
drainage devices, ditches, grades and any other features as may be
required by the Town Highway Superintendent to determine the adequacy
of such means of access.
The application for permit shall be accompanied
by such fee as shall be fixed from time to time by resolution of the
Town Board. The fee shall cover the cost of processing the application
and the first inspection of the work. Fees for additional inspections
will be based on the cost of making the inspections. Additional fees
may also be imposed for the cost associated with any restoration work
performed by the Town as may be required.
Upon completion of the work authorized by permit,
the Town Highway Superintendent shall cause the work to be inspected
and, when necessary, enforce compliance with conditions prescribed
by the permit and this Part 3. If the permittee shall fail to rectify
any defect within 60 days of written notice from the Town Highway
Superintendent to do so, the Town Highway Superintendent may cause
the work to be performed and impose upon the applicant the cost thereof,
together with an additional 20% of such cost to offset administrative
costs.
All property owners whose property has an access
driveway connecting with any street, highway or road of the Town of
Liberty shall be required to maintain, at such property owner's sole
cost and expense, the access driveway and all drainage facilities
related thereto, including but not limited to any and all sluice pipes,
culverts and/or conduits running underneath such access driveway and
within drainage ditches or channels maintained by the Town along or
within the bounds and/or rights-of-way of its streets, highways and
roads. Maintenance shall include but not be limited to removal of
snow and ice, garbage, brush, leaves, debris and any other materials
that may interfere with the flow of water through the drainage facilities
of any Town street, highway or road, as well as the repair and/or
replacement of any such sluice pipe, culvert and/or conduit running
underneath such access driveway and within drainage ditches or channels
maintained by the Town along or within the bounds and/or rights-of-way
of its streets, highways and roads. Notices of violations of this
section may be issued by the Town's Code Enforcement Officer, at the
direction of the Town Highway Superintendent. In the event a property
owner fails to cure the violation within the time provided in such
notice of violation, the Town Highway Superintendent may cause the
required work to be performed and the necessary materials to be installed
and impose upon the property owner the actual cost thereof together
with an additional 20% of such cost to offset administrative costs.
Any person who shall commit or assist in the
commission of any violation of this Part 3 or who shall build, erect,
construct or attempt the same contrary to the plans or specifications
submitted to the Town Highway Superintendent and by the Town Highway
Superintendent certified and approved as complying with this Part
3, and any person who shall omit, neglect or refuse to do any act
required by this Part 3 shall be subject to a fine of not more than
$500, to be recovered by the Town Board in any court of competent
jurisdiction. Every such person shall be deemed guilty of a separate
offense for each day that such violation, disobedience, omission,
neglect or refusal shall continue. Where the person committing such
violation is a partnership, association or corporation, the principal
executive officer, partner, agent or manager may be considered to
be the person for the purpose of this Part 3.
This Part 3 is not intended to interfere with,
abrogate or annul any other ordinance, law, rule, regulations, statute
or provision of law. Where any of the provisions of this Part 3 impose
restrictions different than any other ordinance, law, rule, regulation
or other provision of law, whichever provisions are more restrictive
or impose higher standards shall control.
The standards imposed by this Part 3 may be
modified or waived in individual circumstances where health, safety
or welfare concerns merit the same or where the occupancy would be
temporary in nature, such as logging roads. Permits in such cases
shall be issued with the exceptions deemed appropriate by the Town
Highway Superintendent, provided that public health, safety and welfare
will not be endangered. These standards also may be revised from time
to time, but such revisions shall not affect applications pending
under preexisting standards nor shall they have any bearing on private
roads and driveways which were legally constructed prior to the original
enactment of this Part 3, unless the same are proposed to be structurally
modified so as to change or result in a new opening to a Town street,
highway or road.