Village of Buchanan, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Buchanan 10-4-1971 by L.L. No. 1-1971 (Ch. 11A of the 1971 Code). Amendments noted where applicable.]
Building construction — See Ch. 67.
Soil disturbances and excavations — See Ch. 159.
Streets and sidewalks — See Ch. 167.
Subdivision of land — See Ch. 171.

§ 73-1 Application required; forms.

Any individual or corporation desiring to construct a driveway with a Village street shall make written application to the Village Clerk before beginning construction. Application forms and instructions may be obtained from the Clerk.

§ 73-2 Preparation of form.

[Amended 2-2-1976 by L.L. No. 2-1976]
The application form must be filled out in its entirety in accordance with the instructions, and a sketch, including profile, drawn to a suitable scale, must be included in every case showing the details of the driveway design and its location relative to highway and property features.

§ 73-3 Submission of application; approval required.

Upon completion of the application, it must be submitted to the Village Clerk. No work shall be undertaken on the right-of-way until the written approval has been received by the applicant.

§ 73-4 Approval of application; conditions.

The approval of the application shall be subject to the following conditions:
The application shall be properly and clearly completed.
The location, design and construction of driveways shall meet the general and geometric requirements. Necessary provisions for drainage, pavement types and thickness, sight distance requirements and other general construction details shall be acceptable to the Village Engineer and the Building Inspector.
[Amended 1-5-1976 by L.L. No. 1-1976]
The applicant shall assume the construction responsibilities outlined immediately below.

§ 73-5 Construction responsibilities.

The applicant shall furnish all materials and bear all costs of necessary construction within the Village's jurisdiction.
All work done and all materials used where the Village has jurisdiction shall meet the requirements or be equal to the standard specifications of the New York State Highway Department.
No revisions or additions shall be made to any driveway within the right-of-way without the prior receipt of written approval of such revisions or additions from the Village Engineer.
When reconstruction activities occur on existing entrance locations on land within the jurisdiction of the Village, it is intended that such reconstruction activities conform to this policy, both in design and in construction practices.
The Village reserves the right of inspection by authorized representatives of the Engineer of any driveway construction within the right-of-way. In the event of faulty workmanship and/or materials, the Building Inspector and/or Engineer shall have the right to cancel the permission for such a driveway until such time as these conditions are corrected. All costs incurred in the removal and/or correction of defective workmanship and/or materials shall be borne by the applicant.
[Amended 1-5-1976 by L.L. No. 1-1976]

§ 73-6 Design requirements.

The design standards which are herein prescribed are based on the premise that the rights of highway users and abutting property owners can be mutually satisfied. Variables in site conditions are accommodated in the permissible range of dimensions for the following intersection factors: angles of entry and exit, radii, channelization and intersection clearances. The specific requirements are listed below:
No more than two driveways entering on a single highway shall be permitted.
The maximum width of any driveway shall be 50 feet measured parallel to the highway center line at the curb or edge of shoulder. In the event that narrow lot frontage does not permit two adequate driveways, then one combined entrance and exit not to exceed 50 feet measured as above may be provided. The maximum width of any exit driveway to a divided highway or one-way street shall not exceed 35 feet measured parallel to the highway or street center line at the curb or shoulder edge.
The angle of the driveway with respect to the pavement edge shall be not less than 45°.
Return radii for driveways shall be subject to approval by the Engineer and shall in no case exceed 40 feet.
A minimum of 15 feet shall be provided between the right-of-way line and the near edge of pump islands parallel to the roadway. The minimum distance from the right-of-way line to the nearest point of angled pump islands shall be 20 feet. Parking or loading of vehicles shall not take place on the right-of-way.
Any two driveways connecting with a single highway shall be separated by an island area. The side of the island next to and parallel to the highway shall be located either at the ditch line or not less than six feet from the pavement edge, or at the curbline, if present. The island shall extend to the right-of-way line a minimum length of 10 feet, measured parallel to the roadway, and shall be provided at the right-of-way line. The length of island at the shoulder will be determined by the angle of the driveways and the right-of-way depth.
All island areas within the right-of-way shall be delineated as such by curbs, posts, guardrails, planting, etc. Loose stone or gravel surfacing shall be considered unsuitable for this purpose. An area adjacent to the property line extended, measuring five feet parallel to the roadway at the curb or edge of shoulder and extending to the right-of-way line, shall be reserved. This is to serve as an island area should the adjacent property owner request a driveway.
In those cases where a highly developed business district abuts a major highway, the Engineer may specify that concrete curbing shall be used to delineate island areas.
The length, width and shape of corner island areas will vary for different locations. The angle of intersections, angle of driveways, width of rights-of-way on both approaches, channelization, radii and other conditions will influence the location of driveways at intersections. The following conditions will be applicable in most instances:
No driveway shall be allowed to encroach upon the pavement edge or curb radii at intersections.
Where corner sight distance areas have been obtained, no driveway shall be permitted to cross this area. The "corner sight distance area" shall be defined as the area bounded by the shoulder or curbline of both highways and the corner right-of-way line extended to the shoulder or curbline.
Minimum distances.
The following minimum distances shall apply where there is no conflict with the foregoing conditions: At rural intersections, the minimum distance between the nearest edge of the driveway and the crossed right-of-way line, measured along the curb or shoulder, shall be 30 feet for the major route and 20 feet for the minor route. At built-up-area intersections, the minimum distances may be reduced to 15 feet.
The Engineer shall have the authority to increase these distances, if, in his opinion, such action is necessary for protection of traffic. The Engineer may also modify these requirements if justifiable on the basis of side conditions.
The grade of entrances and exits shall be constructed to slope away from the roadway surface at a rate of not less than 1/4 inch per foot or not more than one inch per foot for a distance equivalent to the prevailing shoulder width. The drainage of highway ditches shall not be impeded, and the provisions for drainage shall be subject to the approval of the Engineer.
Where paved driveways from a single property cross an unsurfaced shoulder and are separated by less than 50 feet at the shoulder line, the shoulder area between the driveways shall be graded and surface treated by the property owner in conformance with Highway Department specifications.

§ 73-7 Penalties for offenses.

[Added 2-2-1976 by L.L. No. 2-1976]
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished for each offense by a fine not to exceed $50. Each week such violation continues shall be deemed a separate offense. No action taken hereunder shall be construed to prevent injunctive relief to the Village.

§ 73-8 Fees.

[Added 6-8-1990 by L.L. No. 6-1990]
All applications for driveway construction permits shall be accompanied by the fee as set forth in Chapter 67, Article I, of the Code of the Village of Buchanan.