[Adopted as Secs. 8.02 and 8.05 of the 1986 Town Code]
No person shall make any excavation or fill or install any culvert or make any other alteration in any highway or in any manner disturb any highway without a permit therefor from the Town Board.
No person shall construct or maintain any driveway across any Town road right-of-way, sidewalk or curbing without first obtaining a driveway permit from the Superintendent of Highways.
Such permit shall contain the statement and be subject to the condition that the work shall be constructed subject to such rules and regulations as may be prescribed by such authority and be performed and completed to its satisfaction; and in the case of temporary alterations, that the highway shall be restored to its former condition, and that the permittee shall be liable to the Town for all damages which occur during the progress of such work or as a result thereof.
Permit fee. The applicant for a permit for the installation of a driveway culvert shall submit to the Clerk/Treasurer at the time the permit is applied for a permit fee in the amount of $100 to cover the cost of processing the application and inspecting the installation of the culvert after installation has been completed.
Width. No driveway shall be less than 18 feet in width or exceed 22 feet in width at the outer or street edge unless special permission is obtained from the Town Board.
Interference with intersections prohibited. At street intersections, a driveway shall not provide direct ingress to or egress from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Town Board for effective traffic control or for highway signs or signals.
Interference with street. No driveway apron shall extend out into the street further than the face of the curb or the edge of the paved portion. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of streets, side ditches or roadside areas or with existing structures on the right-of-way. When required by the Superintendent of Highways or the Town Board to provide adequate surface water drainage along the street, the property owner shall provide any necessary culvert pipe at his own expense. The installation of such culvert pipe shall be at the expense of the property owner also and shall be according to the requirements of the permit. Such culverts shall be the length and diameter specified by the Superintendent of Highways, and in no case shall a culvert pipe have a diameter of less than 15 inches.
Number of approaches limited. No more than one driveway entrance and approach shall be constructed for any lot or premises except where deemed necessary and feasible without undue impairment of safety, convenience and utility of the street by the Superintendent of Highways. Any two approaches shall be at least 10 feet apart.
Permittee liable for damage or injury. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances. When curb and gutter are removed, the new construction and connection shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner. Any sidewalk areas which are damaged shall be replaced.
If a driveway is installed as a concrete driveway, the following requirement shall apply. Where concrete driveways were installed and extended to the traveled portion of the roadway and the roadway is reconstructed (milled and resurfaced), up to six feet of the concrete driveway may be removed by the Town, and that portion of the apron removed shall be replaced by the Town with bituminous concrete.
[Added 5-21-2007; amended 12-7-2015 by Ord. No. 2015-8; 12-5-2016 by Ord. No. 2016-2]
If any culvert is installed or any excavation or fill or any other alteration is made in violation of the provisions of this article, the highway may be restored to its former condition by the Town. Compliance with the provisions of this article may also be enforced by injunctional order at the suit of the Town or it shall not be necessary to prosecute before resorting to injunctional proceedings.