[Adopted 6-9-1988 by L.L. No. 1-1988]
Findings:
A.
The Town Board of the Town of Delaware hereby finds that the unregulated
construction of driveways for use by vehicles to and from Town highways
presents a hazard to the public and interferes with the maintenance
of Town highways by the Town of Delaware Highway Department.[1]
B.
The Town Board further finds that to prevent unregulated construction
of driveways for use by vehicles, permits shall be required to insure
that such driveways shall meet certain minimum standards.
Unless the context requires a different meaning, the following
terms shall mean:
An access drive, whether or not improved, whereby a motor
vehicle, as defined in the Vehicle and Traffic Law, shall have access
to or from a Town highway and the adjacent property.
The Town of Delaware Highway Superintendent.
The Town of Delaware Zoning Law. (See Chapter 220, Zoning.)
A.
No property owner or occupant shall construct or reconstruct a driveway
unless such owner shall have obtained a permit from the Superintendent.
B.
No property owner or occupant shall use a driveway hereinafter constructed
or any driveway which is hereinafter reconstructed without having
first obtained a permit from the Superintendent.
A.
A property owner or occupant who intends to use a driveway shall submit to the Superintendent a plan of the driveway with sufficient detail to show that construction or reconstruction of such driveway shall satisfy the requirements set forth in § 180-5 of this article, together with an area map showing that such driveway complies with the sighting and location requirements of Chapter 220, Zoning, and such other laws as may be applicable.
B.
If the Superintendent is satisfied that the information contained
in the application for a permit will result in construction of a driveway
that complies with this article, he shall issue a construction permit.
Upon completion of the construction of the driveway, the Superintendent
shall issue a final permit if such driveway shall, as constructed,
comply with this article.
C.
A permit shall be deemed filed when all of the information required
by this article shall have been furnished to the Superintendent, together
with a fee as established by the Town Board by resolution.
A.
Driveway grades.
(1)
Driveway grades shall be constructed to slope downward from the edge
of road pavement to the existing drainage or ditch line.
(2)
Driveway must have suitable drainage ditches and be crowned no less
than 1/4 inch per foot.
(3)
Area of driveway between edge of road pavement and ditch line shall
have a suitable base of at least eight inches of gravel or equivalent.
(4)
Driveways with pavement starting at the edge of existing road pavement
shall slope downward to the center line of existing ditch with a minimum
slope of 1/4 inch per foot.
(5)
Where existing driveways are to be paved or repaved and do not meet
the requirements given herein, they shall be regraded to meet the
minimum standard acceptable to the Town of Delaware Highway Department.
(6)
Drainage of highway ditches shall not be impeded. All driveway pipes
must be installed to conform with the existing grade of a ditch or
drainage line.
B.
Driveway pipes.
(1)
All driveway culvert pipe with necessary collars, couplings or connectors
must be furnished by the applicant.
(2)
Culvert pipe must be new or in a condition acceptable to the Town
of Delaware Highway Department.
(3)
Minimum diameter of pipe for normal drainage area shall be 12 inches.
If watershed or drainage area warrants a larger pipe, the size determined
and recommended by a licensed professional engineer or the Superintendent
of Highways shall be installed.
(4)
The length of pipe installation shall be 20 feet minimum, not exceeding
40 feet maximum.
(5)
A waiver or modification of the requirements contained herein may
be given, at the discretion of the Town of Delaware Highway Superintendent,
in those instances where strict enforcement thereof would not be in
the interest of the health and safety of the residents of the Town
of Delaware.
(6)
Installation of driveway culvert pipe shall be subject to approval
of a permit.
C.
The Superintendent shall adopt reasonable regulations concerning
the method of construction and materials to be used.
A.
Criminal penalty. A person who shall have violated this article shall
be guilty of a violation and, upon conviction, shall be punishable
by a fine not exceeding $250 or imprisoned for a term not exceeding
15 days, or both. Each separate day of violation shall constitute
a separate offense.[1]
B.
The Town Attorney may enforce this article by injunction.
C.
Civil penalty. A person who shall have violated this article shall
be subject to a civil penalty not to exceed $100 per each violation.
Each separate day of violation shall constitute a separate violation.
D.
The Superintendent may construct a barrier in front of any driveway
hereinafter constructed or reconstructed in violation of this article.
Such barrier shall be located within the Town Highway right-of-way.
