[HISTORY: Adopted by the Town Board of the
Town of Malta 9-2-1980 by Ord.
No. 3-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 139.
This chapter shall be known as "Chapter 70, Driveways."
As used in this chapter, the following terms
shall have the meanings indicated:
Includes an individual, society, club, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
The Town Superintendent of Highways of the Town of Malta.
A.
In accordance with the provisions of Subdivision 7-a
of § 130 of the Town Law and § 213 of the Highway
Law, no person shall locate or construct a driveway entrance or exit
without first having obtained an approved written permit therefor
from the Town Superintendent of Highways or his designee.
B.
Any person desiring to locate and construct a driveway
from property abutting a Town highway shall submit an application
for a permit to construct a driveway connection within the right-of-way
of a Town highway to the Town Superintendent of Highways.
Prior to the issuance of a driveway construction
permit, an applicant shall complete and submit an application to the
Town Superintendent of Highways, which shall contain the following
information:
A.
The location of the proposed driveway identifying
the Town road and the roads adjacent thereto.
B.
The owners of the abutting property.
C.
The number of driveways requested and the proposed
width of each driveway.
D.
The proposed use, whether residential, farm, commercial
or other, of the driveway. If the proposed use is commercial or other,
the Superintendent of Highways may request additional information
not set forth above.
The following general requirements are applicable
to all applications for a driveway construction permit:
A.
The construction shall be in accordance with requirements
as determined by the Town Superintendent of Highways and shall include
the requirements which are delineated by the Town Superintendent of
Highways on a planned standard driveway ditch crossing, which shall
be attached to the application for a driveway construction permit.
B.
The applicant shall furnish all materials and bear
all costs of construction within the Town Highway right-of-way, and
all work done and materials used shall meet the requirements of the
Town of Malta Highway Department.
C.
No alteration or addition shall be made to any driveway
by any person without securing a new permit from the Town Superintendent
of Highways.
D.
No more than two driveways shall be permitted to a
single commercial establishment entering on one highway.
E.
The maximum width of a single combined entrance and
exit shall be not more than 50 feet nor less than 30 feet for a commercial
use and not more than 20 feet nor less than 10 feet for a residential
use. The maximum width for each driveway wherever two are permitted
shall not be more than 40 feet nor less than 20 feet.
F.
The angle of the driveway with respect to the pavement
edge shall be not less than 45º.
H.
A full plan of the proposed driveway shall be attached
to each application for a commercial driveway permit.
The Town Superintendent of Highways will review
such application and any additional pertinent information and may
approve or disapprove such application with regard to the achievement
of the objective of maximum safety of vehicular access and egress
from the site to existing respective streets and highways. In the
event that the Superintendent of Highways disapproves an application
for a driveway construction permit, the Town Superintendent of Highways
shall state, in writing, his reasons for the disapproval of such permit.
[Amended 5-1-1995 by L.L.
No. 2-1995]
Any person who failed to obtain a driveway construction
permit when such is required shall be subject to a fine not to exceed
$250 or imprisonment for a period not to exceed 15 days, or both,
for each such offense. Such penalty shall be collectible by and in
the name of the Town for each day that such violation shall continue.
In addition to the above-provided penalty and punishment, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or restrain by injunction the violation of this chapter.
