No driveway entrances and exits and no alteration, change, relocation or reconstruction of existing driveway entrances and exits, subsequently herein referred to as an "operation," shall be constructed by owners and occupants of property abutting on Town highways for any purpose whatsoever until a written permit therefor has been duly issued as herein provided and in accordance with the procedures set forth in §§ 195-21 and 195-22 hereof.
A.
Application for a permit under this article shall
be made to the Superintendent of Highways, in writing, on a form provided
for that purpose, in duplicate, for each such operation and shall
contain the following information:
(1)
The full name and address of the applicant.
(2)
The full name and address of the owner or owners of
the property in front of which the operation is to be performed.
(3)
The full name and address of the owner or owners of
the property for whom the operation is to be performed.
(4)
The location by street address, if any, of the property
in front of which the operation is to be performed and the Tax Map
designation of the same.
(5)
A statement of the proposed operation and the size
thereof and purpose thereof.
(6)
The date or dates when the proposed operation is to
be commenced and the date or dates when the operation is to be completed.
(7)
A sketch of the proposed operation.
(8)
The location, if any, of any tiles or drainage system
or water mains or other public utility conduits which may be within
the area of the proposed operation. The proposed activity shall comply
with the permitting requirements, standards and specifications of
the Town’s regulations for stormwater management and erosion
and sediment control.[1]
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No.
8-2007]
(9)
Any additional information which may be reasonably
required by the Superintendent of Highways.
(10)
A signed statement by the applicant that said
applicant agrees to perform the proposed operation for which the permit
may be granted in full and strict compliance and in accordance with
the conditions of the permit, if issued, and any and all provisions
of the Town Law and other applicable statutes and ordinances of the
Town of North Salem.
(11)
The proposed location of the entry of said driveway
onto the Town highway.
B.
Upon receipt of the application as herein provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of North Salem. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested, in writing, by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Superintendent of Highways.
C.
Said permit, when issued, shall contain the following
conditions to be complied with by the permittee:
(1)
The proposed driveway at the point of entrance on
the Town highway shall have the optimum of sight distance, both vertical
and horizontal.
(2)
The proposed driveway shall be stabilized by paving
with six inches of gravel and 2 1/2 inches of bituminous surface
from the edge of the existing road to the property line for the full
width of the drive but not less than 12 feet in width at the point
where the proposed driveway is to intersect the road.
(3)
The grade, width and drainage of said proposed driveway
shall minimize any possible damage or injury to the Town highway and
shall be such as to provide a maximum safety for all traffic on the
Town highway in the area of the entrance of said proposed driveway
on a said Town highway.
(4)
Any additional requirements which may be imposed by
the Superintendent of Highways for the preservation of the Town highway
at the point of entrance of the proposed driveway onto the Town highway
and for minimizing hazards and dangers to the traffic on said public
highway.
(5)
Should the work result in drainage from the public
highway onto private property, the applicant shall obtain and record
easements granting such drainage rights to the Town of North Salem
in perpetuity, said easements to be approved in form and substance,
prior to recording, by the North Salem Town Attorney and Superintendent
of Highways.
D.
Upon notification by the permittee of the completion
of the proposed driveway, the Superintendent of Highways shall inspect
said driveway to determine that its completion is in accordance with
the permit. When the Superintendent of Highways is satisfied that
the conditions of such permit have been met, he shall issue a certificate
of compliance. There shall be no use of such driveway for any purpose
until such certificate of compliance has been issued. No certificate
of occupancy shall be issued by the Building Inspector of the Town
of North Salem if a permit for driveway construction has been issued
or required until such certificate of compliance has also been issued.
[Amended 2-10-1987]
A.
No permit for an operation shall be issued by the
Superintendent of Highways until the applicant therefor shall have
first paid to the Superintendent of Highways in cash, check or money
order payable to the order of the Town of North Salem a fee in accordance
with the Standard Schedule of Fees of the Town of North Salem to cover
the cost of issuing the permit and supervision and inspection of the
operation.
[Amended 7-27-1993 by L.L. No. 3-1993]
B.
Before issuance of a permit for the construction of
a driveway, the applicant shall post with the Superintendent of Highways
a cash bond in an amount determined by the Superintendent of Highways
to be equal to the cost of the work required by the Superintendent
of Highways under this article but in no event less than the amount
as listed in the Standard Schedule of Fees of the Town of North Salem
for the alteration of an existing driveway.
[Amended 7-27-1993 by L.L. No. 3-1993]
C.
Upon the failure or default by the permittee of or
in any of the terms, agreements, covenants and conditions of the permit
on the permittee's part to be done, to be performed or to be completed,
said cash bond may be used by the Town for any expense incurred by
the Town by reason of such failure or default on the part of the permittee,
and any balance left after the expense caused by such failure or default,
as determined and certified by the Superintendent of Highways, has
been paid and deducted from the amount of the deposit shall be refunded
to the permittee.
A.
Amount. No permit for an operation under this article
shall be issued by the Superintendent of Highways until the applicant
therefor shall have first placed on file with said Superintendent
of Highways, without cost to the Town, satisfactory evidence of public
liability insurance in an amount of not less than $500,000 for any
one person and not less than $1,000,000 for any one accident and of
property damage insurance in an amount of not less than $50,000 for
any one accident and not less than $100,000 aggregate and satisfactory
evidence that said insurance has been approved as to form, correctness
and adequacy by the Supervisor of the Town to insure the Town against
any loss, injury or damage arising out of the granting of the permit
or from any negligence of said applicant, his servants, agent or employees
in connection with said operation or with any and all work related
thereto. The Town of North Salem shall be named as an additional insured
on any such insurance policy.
B.
Duration. Such insurance hereinabove referred to shall
remain in force throughout the effective period of the permit and/or
any authorized extension or extensions thereof and shall carry an
endorsement to the effect that the insurance company will give at
least 10 days prior written notice to the Town of North Salem of any
modification or cancellation of any such insurance and shall contain
a clause to the effect that termination of said insurance shall be
without prejudice to the right of the Town of North Salem to make
claim or claims thereafter for any loss or damage sustained as a result
of any act or acts committed or omitted during the term of said insurance.
Cancellation or termination in any manner of such insurance shall
constitute an automatic revocation of the permit.
