Town of Kingston, NY
Ulster County
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[HISTORY: Adopted by the Town Board of the Town of Kingston 10-3-1988 by L.L. No. 2-1988; amended in its entirety 12-16-2015 by L.L. No. 5-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 149.
Flood damage prevention — See Ch. 186.
Stormwater management — See Ch. 329.
Street specifications — See Ch. 337.
Subdivision of land — See Ch. 350.
It is the purpose of this chapter to set forth permit or letter of permission requirements for construction of driveways from private lands onto a Town public highway in the Town of Kingston and to provide safe access for emergency vehicles.
No person, firm or corporation may enter from private lands onto a Town public highway in the Town of Kingston without obtaining a permit from the Superintendent of Highways. The Superintendent of Highways will consider sight distance, terrain, drainage problems, etc., before granting or denying the permit.
A. 
The application for a driveway permit shall be made in duplicate on forms supplied by the Superintendent of Highways. One duplicate original shall be filed with the Code Enforcement Officer and the other with the Superintendent of Highways.
B. 
A certificate of insurance covering the Town of Kingston for work performed under this permit shall be supplied with the application.
A. 
The owner, developer/contractor shall obtain all necessary permits and construct all driveway entrances to the satisfaction of the Town of Kingston Highway Superintendent. The Town of Kingston permit form is available from the Town of Kingston Highway Superintendent.
B. 
All necessary driveway entrances within subdivisions shall be implemented at the time of construction of the subdivision access routes.
A. 
Width of driveway. The driveway shall be at least 12 feet wide.
B. 
Vertical clearance. Trees and branches shall be pruned to provide at least 15 feet of clearance above the travel way.
C. 
Horizontal clearance. Trees and shrubs shall be cleared at least 10 feet from both sides of the center line of the travel way.
Shoulders shall conform to the following:
A. 
Shoulders within the horizontal clearing area shall have a slope not exceeding 5%.
B. 
Dropoffs along the edge of the shoulders shall not exceed a side slope of one vertical to two horizontal.
The travel way shall be an all-weather surface comprised of one of the following:
A. 
Asphalt or concrete pavement, 2.5 inches compacted thickness on an approved, well-drained granular foundation base, eight inches thick.
B. 
Compacted crushed stone, four inches minimum thickness on an approved, well-drained granular foundation base, eight inches thick.
C. 
Masonry or cut stone pavers fitted and secured in place on an approved, well-drained granular foundation base, eight inches thick.
A. 
Grades of the travel way of a driveway shall be no more than 14% and no less than 2%.
B. 
Sharp changes in grade shall be avoided. For driveway grades more than 14%, approval of the Zoning Board of Appeals (ZBA), with consultation of the Sawkill Fire Chief, is required.
The inside radius of any horizontal curve shall be no less than 35 feet.
For all driveways longer than 250 feet, a turnaround having a seven-percent maximum grade shall be provided within 50 feet of the house, comprised of one of the following:
A. 
A circular turnaround with an outside radius of at least 60 feet.
B. 
A "T" or hammerhead turnaround that is at least 60 feet across the top.
A. 
For driveways over 900 feet long, a turnout shall be provided every 750 feet or fraction thereof.
B. 
The turnout shall be at least 15 feet wide and 50 feet long, placed parallel to the driveway.
C. 
The maximum grade on the turnout is 5%.
D. 
The cleared area along the shoulder side of a turnout shall be at least five feet and conform to § 162-6 of this chapter.
A. 
The driveway should be as close as possible to 90° to the intersecting roadway to facilitate turns from both directions.
B. 
Where the driveway approach is less than 75°, approval of the ZBA, with consultation of the Sawkill Fire Chief, is required.
C. 
Driveways shall not have a grade of more than 5% within 30 feet of the edge of the pavement of the intersecting roadway.
A. 
All bridges and culverts shall be designed for a thirty-ton limit.
B. 
The rated capacity of bridges and culverts over three feet high shall be clearly posted and shall have guide rails, approved by the Code Enforcement Office, on both sides.
Pipe crossings, septic tanks and leach fields are considered to be potential hazards for emergency vehicles.
A. 
All such hazards that are within 30 feet of the center line of any driveway, turnout or turnaround shall be signed to warn emergency vehicles.
A. 
Driveways shall be constructed to prevent flooding up to and including a twenty-five-year rainfall event.
B. 
Ditches along driveways shall not encroach on shoulder areas.
C. 
Ditches along driveways shall be designed in accordance with any ordinance or local law referring to open ditches.
Driveways and shoulders shall be maintained year around, including the removal of snow.
If a site plan is required, before a driveway permit is issued, the following shall be included in the property site plan:
A. 
Drainage patterns.
B. 
Driveway.
C. 
Culverts.
D. 
Bridges and subsurface disposal area.
E. 
Turnarounds and turnouts.
F. 
Erosion and sedimentation control measures.
The Code Enforcement Officer, the Sawkill Fire Chief, or a representative of the Sawkill Fire Company appointed by the Sawkill Fire Chief shall have the right to enter upon the property throughout the construction phase to inspect the construction of the driveway.
An as-built drawing of the completed driveway shall be submitted to the Code Enforcement Officer prior to issuance of a certificate of occupancy, certifying that the driveway was constructed per the approved site plan. A New York State licensed professional engineer, architect, landscape architect or surveyor shall make the certification.
A. 
On structures easily visible from the roadway, the 911 address shall be posted on the structure so it can be seen from the roadway.
B. 
On structures not easily visible from the roadway, the 911 address shall be posted at the entrance of the driveway.
C. 
In all cases, the 911 address shall be at least four inches high, weatherproof, and visible in all weather conditions.
In the event the driveway is not constructed in accordance with the instructions of the Town Superintendent of Highways, the owner will be given the opportunity to redo the work, or the Superintendent of Highways may, at his discretion, redo the work; the cost of same shall be charged against the owner of the property and, if unpaid, will be assessed against the land on which the driveway was erected. If the owner shall fail to pay the cost and expenses incurred by the Town of Kingston within 10 days after being notified of the cost thereof by registered or certified mail, the Town Clerk shall file, immediately preceding the time for making the annual assessment roll, a certificate of such actual cost and expense with statement as to the property upon which such cost was incurred. The Assessor of the Town of Kingston shall, in preparation of the next assessment roll of the Town of Kingston, tax and assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessment as general Town tax and as a part thereof.
A. 
In addition to the lien provisions in § 162-21, Enforcement, violations of this chapter shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
B. 
Notice of continuing violation.
(1) 
If a violation continues after notification that such violation exists, it shall constitute a separate offense in accord with the following schedule:
(a) 
First notice: 30 days.
(b) 
Second notice: two weeks.
(c) 
Third notice: one week.
(d) 
Additional notices: one day.
(2) 
Such notice shall be written by the Zoning Enforcement Officer and shall be served by certified mail or by personal service.
C. 
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation.