The purpose of this article is to promote the safety, health
and general welfare by regulating the design and construction of driveways
located within a Town highway.
A driveway permit shall be issued in accordance to Article XI of this chapter prior to any work being executed for a driveway that abuts a Town highway.
A.Â
No person shall construct or maintain a driveway in the Town except
in accordance with the provisions of this article.
B.Â
Exemption(s).
(1)Â
The Town recognizes that there are driveways that were constructed
inconsistent with the standards herein. Such driveways were lawfully
created prior to the adoption of this chapter. Therefore, such driveways
are declared to be legally nonconforming driveways in order to continue
and undergo routine maintenance for safety purposes but also to allow
new building construction to occur on any lot of record whose access
is from such driveway.
A.Â
Driveway. The design and construction of any driveway shall conform
to the same standards and/or guidelines that have been adopted by
the Yates County Highway Department as well as the following criteria:
(1)Â
A driveway shall be located entirely within the owner's frontage
and have a minimum setback distance of five feet from an adjoining
lot's property line unless approved otherwise by the Town Highway
Superintendent.
(2)Â
One driveway shall be permitted for each lot of record. An additional
driveway may be permitted by the Town Highway Superintendent if sufficient
frontage exists and extenuating circumstances justify a second driveway.
(3)Â
All driveways shall be constructed to slope away from the edge of
the Town highway's traveled way at the same slope as the Town
highway's shoulder.
(a)Â
Exemption(s):
[1]Â
The Town recognizes that it may not be possible for a driveway
to be constructed to slope away from the edge of the Town's highway
due to the natural topography of land. In such cases, the Town Highway
Superintendent is permitted to approve driveways sloping towards the
edge of the Town's highway but shall require a driveway trench
drain, open french drain or other types of drainage methods to be
installed throughout the entire width of such driveway near the edge
of the Town's highway. The location of water discharge from such
drainage shall be approved by the Town Highway Superintendent. Lastly,
the owner shall be responsible for the installation and maintenance
of such drainage.
Figure 1 - Types of Drainage Methods for Driveways
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(4)Â
A driveway shall not adversely affect the Town highway's drainage
or drainage of adjacent properties. Drainage and the stability of
the Town highway shall not be impaired by driveway construction or
other type of roadside development. In no case shall the construction
of a driveway cause water to flow across/into the Town highway's
traveled way, pond on the Town highway's shoulder or pond in
the drainage ditch.
B.Â
Culvert pipe. Where construction of a driveway necessitates crossing
a Town highway's drainage ditch, a culvert pipe of adequate capacity
shall be installed. The placement and location of a culvert pipe shall
be designed and constructed to the same standards and/or guidelines
that have been adopted by the Yates County Highway Department.
(1)Â
Work to be installed by Town. All new culvert pipes proposed to be
installed within a Town highway shall be executed by the Town. The
owner shall purchase all culvert pipe material and fittings as required
by the Town Highway Superintendent. Upon notice from the owner that
such materials and fittings have been obtained, the Town Highway Superintendent
shall schedule such work to begin within 15 working days or as soon
as the work can reasonably be scheduled.
(2)Â
Exemption(s).
(a)Â
In case of a hardship due to scheduling or other constraints,
the owner may employ a contractor to install a culvert pipe within
a Town highway. However, such action shall be executed in accordance
to the following requirements:
[1]Â
All work shall be conducted by a contractor approved by the
Town Highway Superintendent.
[2]Â
The contractor shall supply a current certificate of insurance
before the commencement of any work. The contractor shall have proof
of general liability coverage in a minimum amount of $1,000,000. This
insurance shall include coverage for owned, nonowned and hired vehicles.
During work in the Town highway's right-of-way, the above referenced
insurance shall not be canceled without 30 days' written notice
to the Town Highway Superintendent.
[3]Â
No work by a contractor shall begin until the application fee
is paid to the Town. However, no installation fee shall be required
by the Town when the installation is permitted to be done by a contractor
as provided in this exception.
[4]Â
All work performed by a contractor will be subject to a final
inspection and acceptance by the Town Highway Superintendent. The
owner shall request a final inspection when the contractor is still
on-site. Should the installation not be done in an approved manner,
the Town Highway Superintendent shall direct the owner to correct
the work to his or her satisfaction. Such corrective work shall be
paid by the owner.
A driveway shall be designed and constructed as a fire apparatus
access road when required by the Uniform Code.
Owners having access to a Town highway shall be fully responsible
for maintenance of their driveway and channelization including the
portion from the Town highway's right-of-way to the outside edge
of such highway's shoulder. This maintenance responsibility includes
removal of snow and ice, and keeping the portion of the Town highway's
right-of-way in a safe condition for the general public.
