[Adopted 6-8-1970]
[Amended 9-13-1999 by L.L. No. 6-1999]
The current practice in the Town of Wappinger
is to provide for public street dedication, which said streets are
to be at least 50 feet in width. Said streets are generally paved
to an extent averaging 28 feet in width, thus requiring many property
owners to extend their driveways over the public highway to the paved
portion of said roadway. As a result of the aforementioned, it often
happens that in the installation of private driveways it causes interference
with or damage to the public highway. In order to ensure the proper
maintenance of Town highways, all driveways must be installed and
maintained in accordance with standards established by this article
and a permit issued by the Town Highway Superintendent prior to its
installation or prior to any repair thereof which will change the
character of said driveway or encroach on Town easements or interfere
with other public improvements.
[Amended 3-8-2004 by L.L. No. 4-2004]
No person shall install or construct a private driveway with access on a public street without first obtaining a permit from the Town Highway Superintendent and paying the fee for such permit. The fee for such permit is set forth in Chapter 122, Article IV, § 122-16K(2) of the Code.
Prior to the installation or the repair of any
portion of a private driveway at the point which said driveway enters
the public highway of the Town of Wappinger, the owner or agent making
said installation or repairs shall apply to the Town Superintendent
of Highways for a driveway permit on written forms provided by the
Highway Superintendent.
Upon the receipt of said application, the Highway
Superintendent shall make a physical examination of the proposed driveway
and shall determine whether or not the proposed location of said driveway
and the width thereof are in keeping with the proper maintenance of
Town highways, and he may thereafter issue a written approval of said
driveway, setting forth the width thereof and the nature of any improvements
required.
[Amended 9-13-1999 by L.L. No. 6-1999]
The Superintendent of Highways may deny an application
for a driveway permit in the event that he determines that the proposed
location or manner of construction will cause damage to the public
highway or in the event that he determines that the location of said
driveway or manner of said construction will cause a safety hazard
to those traveling on the public highway or encroach on Town easements
or interfere with other public improvements.
Upon the receipt of the written approval of
the Highway Superintendent, the owner or agent may proceed to install
said driveway in accordance with said approval and shall thereafter
not deviate from the terms of said approval without further application
to the Town Superintendent.
The Town Highway Superintendent is hereby authorized
to remove any driveways within the public right-of-way which do not
conform to the specifications as set forth in any permit granted to
the agent or the owner or any driveways for which a permit has not
been granted.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004 by L.L. No.
5-2004]
Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20CC(2) of the Code or imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense.
