[Adopted 2-12-2001 by L.L. No. 3-2001]
[1]
Editor's Note: This article was adopted as Ch. 174A of the Code but was renumbered to place it within Ch. 174 so as to include it with the Village's streets and sidewalks legislation.
No person shall construct, build, place or install a driveway, including a driveway that requires a curb cut permit in accordance with Chapter 174 of the Village Code[1] on any parcel or real property in the Village of Hudson Falls without first obtaining a permit from the Village Code Enforcement Officer. The application for a driveway permit shall be made upon a form prescribed by the Code Enforcement Officer.
[1]
Editor's Note: See Art. I of this chapter.
The fee for a driveway permit shall be established and amended from time to time by resolution of the Board of Trustees.
Prior to issuing a driveway permit, the Code Enforcement Officer may request a site plan of the proposed driveway depicting the width of the driveway, curb cut location, setbacks of the driveway from neighboring property lines and structures, and the location and dimensions of any swale created by the driveway. The Code Enforcement Officer may also request a stormwater management plan as part of any application for a driveway permit.
[Amended 7-14-2008 by L.L. No. 5-2008]
A. 
A driveway shall have a minimum width of 10 feet.
B. 
All driveways must be finished with blacktop or concrete from the property line to the existing edge of roadway or street.
A. 
No permit will be issued for a driveway that may cause water drainage problems or ponding on the subject property or adjoining properties.
B. 
Irrespective of whether a permit under this article has been issued, it shall be unlawful for any person to maintain a driveway that causes water drainage problems or ponding on the subject property or adjoining properties. It shall be the responsibility of the property owner to abate any water drainage problems or ponding that may be caused by a driveway. All plans to abate water drainage problems or ponding caused by driveways are subject to the approval of the Code Enforcement Officer.
C. 
The failure to abate a water drainage problem or ponding on the subject property or adjoining properties shall constitute a violation of this article and, upon conviction thereof, be subject to a fine of not less than $500 or to imprisonment for not more than 15 days, or both. Each day of continued violation shall constitute a separate additional violation.
[Amended 7-14-2008 by L.L. No. 5-2008]
A driveway existing as of the effective date of this article may be replaced in kind or resurfaced, provided that the replacement or resurfacing does not cause or create water drainage problems or ponding on the subject property or adjoining properties.
A variance from the design requirements contained in this article is governed by the variance procedures and standards contained in Article 7 of the New York State Village Law.
The Code Enforcement Officer of the Village of Hudson Falls or his or her duly authorized representative is empowered to enforce the provisions of this article.
[Amended 10-12-2004 by L.L. No. 6-2004]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of three years, punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not to exceed 30 days, or both; and upon conviction for a third offense or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $750 or imprisonment for a period not to exceed 60 days, or both. Each day of continued violation shall constitute a separate additional violation.