No driveway entrances and exits and no alteration, change, relocation or reconstruction of existing driveway entrances and exits, subsequently herein referred to as an operation, shall be constructed by owners and occupants of property abutting on Town highways for any purpose whatsoever until a written permit therefor has been duly issued as herein provided and in accordance with the procedures set forth in §§ 95-9 and 95-10 hereof.
A.
Application for a permit under this article shall be
made to the Superintendent of Highways in writing, in duplicate, for each
such operation and shall contain the following information:
(1)
Full name and address of applicant.
(2)
Full name and address of owners or owners of property
in front of which the operation is to be performed.
(3)
Full name and address of the owner or owners of the property
for whom the operation is to be performed.
(4)
The location by street address, if any, of the property
in front of which the operation is to be performed and the Tax Map designation
of the same.
(5)
A statement of the proposed operation and size thereof
and purpose thereof.
(6)
The date or dates when the proposed operation is to be
commenced, and the date or dates when the operation is to be completed.
(7)
A sketch of the proposed operation, including a profile
from the crown of the road to the property line.
(8)
The location, if any, of any tiles or drainage system
or water mains or other public utility conduits, etc., which may be within
the area of the proposed operation.
(9)
Any additional information which may be reasonably required
by the Superintendent of Highways.
(10)
A signed statement by the applicant that said applicant
agrees to perform the proposed operation for which the permit may be granted
in full and strict compliance and in accordance with the conditions of the
permit, if issued, and any and all provisions of the Town Law and other applicable
statutes and ordinances of the Town of Hyde Park and the rules and regulations
of the Highway Department of the Town of Hyde Park.
(11)
The proposed location of the entry of said driveway onto
the Town highway.
B.
Upon receipt of the application as herein provided in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of Hyde Park. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time authorized by said Superintendent of Highways.
C.
Said permit, when issued, shall contain the following
conditions to be complied with by the permittee:
(1)
That the proposed driveway at the point of entrance onto
the Town highway shall have the optimum of sight distance, both vertical and
horizontal.
(2)
That the grade, width and drainage of said proposed driveway
shall minimize any possible damage or injury to the Town highway and shall
be such as to provide the maximum safety for all traffic on the Town highway
in the area of the entrance of said proposed driveway on a said Town highway.
(3)
Any additional requirements which may be imposed by the
Superintendent of Highways for the preservation of the Town highway at the
point of entrance of the proposed driveway onto the Town highway and for minimizing
hazards and dangers to the traffic on said public highway.
D.
Upon notification by the permittee of the completion
of the proposed driveway, the Superintendent of Highways shall inspect said
driveway to determine that its completion is in accordance with the permit.
When the Superintendent of Highways is satisfied that the conditions of such
permit have been met, he shall issue a certificate of compliance. There shall
be no use of such driveway for any purpose other than the construction until
such certificate of compliance has been issued. No certificate of occupancy
shall be issued by the Building Inspector of the Town of Hyde Park if a permit
for driveway construction has been issued until such certificate of compliance
has also been issued.
A.
No permit for an operation shall be issued by the Superintendent
of Highways until the applicant therefor shall have first paid to the Superintendent
of Highways, by check payable to the order of the Town of Hyde Park, the following:
(1)
The provisions of § A111-47 of the Code of the Town of Hyde Park pertaining to driveway permit fees shall apply to all permits issued under this section.
[Amended 10-6-1986 by L.L. No. 3-1986]
(2)
A deposit in an amount to be determined by the Superintendent
of Highways, computed at the rate set by resolution of the Town Board per
square yard of the surface of any street, highway, sidewalk, sidewalk area
or public place, including drainage ditches, gutters, culverts, pipes, curbs
or curbing, which may be disturbed, injured or damaged in connection with
an operation hereunder, and, if and when machinery is used in connection with
an operation and there is a likelihood of damage or injury to areas other
than the specific location of the operation, a deposit of an additional amount
may be required, said additional amount to be determined by the Superintendent
of Highways, computed at the rate set by resolution of the Town Board per
square yard of the area affected.
[Amended 1-1-2007 by L.L. No. 2-2007]
B.
Said deposit shall be retained by the Town until a certificate of compliance shall have been issued by the Superintendent of Highways as hereinbefore provided in § 95-9D.
C.
Upon the failure or default by the permittee of or in
any of the terms, agreements, covenants and conditions of the permit on the
permittee's part to be done, to be performed or to be completed, said deposit
may be used by the Town for any expense incurred by the Town by reason of
such failure or default on the part of the permittee, and any balance left
after the expense caused by such failure or default, as determined and certified
by the Superintendent of Highways, has been paid and deducted from the amount
of the deposit shall be refunded to the permittee.
