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L o c a l L a w F i l i n g NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY. NY 12231 (Use this form to file a local law with the Secretary of State.) iif'^^rv,^^;^ck Text of law should be given as amended. Do not include matter being eliminated ahd io jioi £e ^i italics or underhning to indicate new matter. jni " LJ s^ouHty Local Law No. — L of the year 19-^005 regulating the i n s t a l l a t i o n and construction of driveway and A local law — — — — — — — — — (Insert Title) drainage improvements and f a c i l i t i e s . « * J u Town Board Be it enacted by the of the (Name of Legislative BoJy) ViUUllLJI' ^ of X l f t o r y as follows: Town See Attached Local Law DOS-239 (Rev. 2/98) (If additional space Is needed, attach pages the same size as this sheet, and number each.) ---PAGE BREAK--- Town of Victory Cayuga County, New York Local Law No. 1 of the year 2005 A Local Law "Regulating the installation and construction of driveway and drainage unprovements and facilities". Be it enacted by the Town Board of the Town of Victory as follows: Section 1. Definitions. 1. Application. A completely filled out and signed apphcation on a form specified by the Town of Victory together with all supporting documentation. 2. Drainage System. Any natural or unnatural waterway including creeks, highway ditches, culverts and storm drains. 3. Driveway. A means of ingress and egress fi-om the Town Road onto the property specified in the application. 4. Modification. An addition or alteration to an existing driveway. 5. Owner. The person, persons or other entity holding legal title to the property for which a permit is being requested. 6. Return Radius. The radius of the curve between the driveway edge and the pavement edge of the Town Road. 7. Superintendent. The Superintendent of Highways ofthe Town of Victory or his duly authorized representative. •al 8. Town Road. Any Highway or Road so designated on the latest official map of the Tovm of Victory issued by the Superintendent as well as all other Town Roads and Highways not so indicated, both existing and proposed. Section 2. Procedure, 1. Applications for Town approval for the construction and modification of driveways and miscellaneous means of access related to any proposed or existing Town Road or drainage system shall be available fi'om the Town of Victory. 2. A signed application map and supporting documentation shall be submitted to the Superintendant. 3. The map and plans submitted as part of the apphcation shall indicate the following information the location and boundaries of the subject property for which a permit is requested; the location, size and type of all existing and proposed driveways, buildings, underground facihties, service facilities, parking layouts and drainage facilities; all existing and proposed drainage conditions and improvements. ---PAGE BREAK--- 4. Insufficient uiformation shall constitute grounds for disapproval of the application. 5. The Superintendent shall review the application and supporting documentation and shall inspect the site of the proposed project. 6. Within 10 days after receipt of a completed application, the Superintendent shall either approve the apphcation; approve the application subject to conditions; deny the application. 7. The Owner shall be notified of the decision of the Superintendent by Certified Mail/Return Receipt Requested or by Personal Service. 8. The Owner may appeal the decision ofthe Superintendent to the Zoning Board of Appeals of the Town of Victory within 30 days after receipt ofthe decision of the Superintendent. Section 3. Driveway Construction Standards. 1. Driveway pipe shall be either smooth wall plastic or galvanized as required by the Superintendent. 2. Backfill around driveway pipes shall consist of gravel or crushed stone containing no stone greater that four inches in diameter and shall extend at least 12 inches above the driveway pipe. The backfill shall be thoroughly compacted with particular attention given to the proper placing and compaction of the backfill under the pipe haunches. 3. If the slope of the backfill is steeper than a 1 to 1.5 slope ratio at the end sections of the driveway pipe, concrete, crowded stone or drywall headwalls shall be required. In such cases the top of the headwalls shall be below the grade of the adjacent road shoulder. 4. Catch basins, if required, shall conform with Town of Victory specifications. 5. The driveway sub-base shall consist of 12 inches of gravel. 6. The driveway surface shall be consoHdated in such a manor so as to prevent loose material fi-om being scattered onto the Town Road surface. Section 4. General Regulations. 1. No work of any kind shall be authorized except in compliance v^th the permit. 2. A copy of the permit must be present at the property site at all times during construction. 3. All work must be mspected and approved by the Superintendent who shall issue their final approval before the driveway or drainage facilities may be used. 4. Construction materials and methods shall be in accordance with all local laws, rules and regulations of the Town of Victory. 5. The permit shall not be assignable or transferable by the Owner. ---PAGE BREAK--- 6. The Owner will fiilly and promptiy defend, indemnify and hold the Town of Victory, its officers, agents and employees harmless from and against any and all claims, liability, Judgments, damages, costs and expenses (including without hmitation reasonable legal fees, expenses and court costs) which may arise from the acts, failure, omission or negligence ofthe Owner, its officers, agents, employees and supphers to the fullest extent permitted by law, excepting claims arising from the negligence of the Tovm of Victory, its officers, agents and employees. Section 5. Design Regulations. 1. No driveway shall be constructed within 80 feet of a road intersection measured from the nearest intersection ofthe right-of-way lines. 2. The angle of all driveways with Town Roads shall be as close to 90 degrees as practicable. 3. The maximum width of driveways shall be 40 feet. The minimum width shall be 20 feet. 4. The location of all driveways shall be subject to the approval of the Superintendent. 5. The minimum Retum Radius at the mtersection of driveways and the road surface shall be 20 feet and in no case shall the radius extend beyond the mtersection of the pavement edge and the side property line as projected. 6. Driveways shall slope down from the road surface to the drainage hne at grades of three quarters of an inch per foot or existing shoulder pitch, whichever is greater. 7. Sizes and slopes of driveways, storm sewers and culverts within the Town right-of-way shall be specified by the Superintendent. 8. Driveways, storm drains and culvens within the Town right-of-way shall be mstalled by the Town of Victory at its Gpnvenience. The Owner shall bear all costs for labor pipe, grading, paving etc, required within such right-of-way. 9. No driveway shall be constructed where the site distance is less than 10 times the posted speed Umit. 10. The Owner shall trim brush and maintain his property in such a manner as to maintain optimal site distance. 11. The maximum number of residential (1 or 2 Family Dwellings) driveway entrances onto a Town Road shall be one per building lot having 200 feet of frontage or less. Properties with more than 200 feet of frontage may have more than one driveway entrance in the discretion of the Superintendent. 12. In addition to the above design regulations. Commercial, Industrial and all other Driveways shall be subject to the following: ---PAGE BREAK--- A. In the discretion ofthe Superintendent the maximum number of driveway entrances onto a Town Road shall be two per building lot having 250 feet of frontage of less. Properties with more than 250 feet of frontage may have more than two driveway entrances. B. Driveways and parking areas shall be designed so that no parking, loading or servicing of vehicles will take place within the Town right-of-way and so no vehicles will be required to back onto the Town Road to gain ingress or egress to the abutting property. C. There shall be a minimum distance of 15 feet between the Town Road right-of-way and any service facility such as pump islands and building entrances. Section 6. Drainage Regulations. 1. Facilities to carry water through and/or off the Owner's property shall be designed and constructed so that no damage will occur to existing and proposed buildings, driveways, adjacent properties, drainage facilities and pubhc improvements. 2. In no case shall a driveway be constructed so as to convey water onto the Town Road surface or onto adjoining properties. Section 7. Installation of Improvement. The owner shall purchase culvert pipe as approved by the Superintendent. The Tovm of Victory will install the pipe and cover the culvert with approved material. Section 8. Fees. The Town Board of the Town of Victory shall promulgate a schedule of fees which shall be paid by the owner to secure the necessary permit under this local law or any rules and regulations promulgated thereunder. Section 9. Stop Work Order. Whenever the Superintendent has reasonable grounds to believe that the work is in violation of this local law or any rules or regulations subject thereto or not in conformity with the provisions of this local law or in an unsafe and dangerous manner, he shall notify the owner or the owner's agent to suspend all work until the stop work order has been rescinded. Such order and notice shall appear in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by sending a copy to him by certified mail, retum receipt requested at the address set forth in the apphcation. Section 10. Violation & Penalties. 1. A violation of this local law shall be classified as a violation and shall be punishable by a fine not to exceed $250.00 and/or 15 days of jail. 2. An action or proceeding in the name of the Town of Victory may be commenced in any Court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this local law. Such remedies shall be in addition to penahies otherwise prescribed by law. ---PAGE BREAK--- Section 11. Cost of Removal, Lien upon Property . 1. All costs and expenses incurred by the Town in connection with any and all of the above proceedings shall be assessed against the land on which the driveway or drainage facility is located. If the owner shall fail to pay the costs and expenses incurred by the Town within 10 days after being notified of the costs thereof by certified mail, return receipt requested, the Town Clerk shall file, a certificate of such actual costs and expenses with a statement as to the property upon which such costs and expenses was incurred with the assessor of the Town of Victory, who shall in the preparation of the next assessment roll of the general Town taxes 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 penalties and having the same lien upon the property assessed as the general Town tax and as a part thereof ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not appUcable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No - - of of the (Count}^(G*ty)(Town)(V*Uage) of ^-V-icto^g-Q-^ was duly passed by the .T_QW.-?.9^F.4 onfflA^.„7_.— i ^ . — , in accordance with the applicable provisions of law. (Name of Legislative Body) * 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No of 19 of the (County)(City)(Town)(\111age) of - - was duly passed by the on 19 — , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - and was deemed duly adopted on 19-—, (Elective Ckief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 19 of the (County)(City)(Tbwn)(Village) of was duly passed by the - on 19— , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the on- 19—-. Such local law was submitted (Elective ChiefExecutive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19-— , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No, of 19 of the — - was duly passed by the - - on 19— , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the—; on 19—. Such local law was subject to (Elecdve Chief Executive Officer*} permissive referendum and no valid petition requesting such referendum was filed as of 19-— , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive ofQcer of a county elected on a county- wide basis or, if there be none, the chairperson ofthe county legislative body, the mayor of a city or village, or the supervisor of a town where such offlcer Is vested with the power to approve or veto local laws or ordinances. ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local [aw No. of 19 ofthe City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19—, became operative. 6. (County local law conceming adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the County of State of New York, having been submitted to the electors at the General Election of November 19—, pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote ofa majority of the qualified electors of the cit- ies of said county as a unit and a majoriiy ofthe qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph , above. Clerk of the County legislative body. City, Town or Village Cpe: or officer designated by local legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attomey of locality.) STATE OF NEW YORK COUNTYOF f A y U ^ ^ I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Title County City of Town Village Date: -