The interface between the travel way of a road and the land along the road may be controlled through a highway access law adopted pursuant to NYS Town Law Section 130(7-a). Such a law may require town approval of driveway entrances to property adjacent to a road, and reinforces enforcement of zoning requirements. This regulatory tool provides the town and property developers greater flexibility in that it may be used to allow year-round land use permits for uses having access to both minimum maintenance and year-round roads, as long as the access is only to the year-round road.
Appendix B. Model Driveway Installation Law
Town of ____________ Driveway Installation Law
Section 1. Purpose
The Town Board of the Town of _____________ finds that the improper construction of private driveways intersecting town highways may be hazardous to the public and poses unnecessary expense to the town and that installation of driveways according to specific standards as monitored by the Town of __________________ Highway Superintendent will be in the best interests of the health, safety and welfare of the citizens and property of the town.
Section 2. Title
This law shall be entitled the “Driveway Installation Law of the Town of ______________________.”
Section 3. Permit required
No person, owner and/or contractor shall hereafter install a driveway opening onto a town road without first obtaining a driveway installation permit from the Town of ______________ Highway Superintendent.
Section 4. Application procedures
- An application in writing shall be filed with the Town of ___________ Highway Superintendent upon application forms which he shall prescribe, which application shall state the nature, location, extent and purpose of the proposed driveway opening, and the use of the property as identified on any coincident zoning application.
- All applications shall include maps and plans which shall indicate the location and boundaries of the subject property for which a permit is requested and shall show the location, elevation, size and type of all existing and proposed driveways and buildings, underground utilities, service facilities, parking layouts and drainage facilities.
- It shall be the responsibility of the applicant to arrange a meeting with the town highway superintendent at the site of the driveway opening.
Section 5. Zoning Permit
- A driveway installation permit under this law shall be applied for coincidentally with the application for a zoning permit to commence the excavation for or the construction or erection of any structure regulated by the Town of ___________ Zoning Law, as amended.
- No driveway installation permit shall be issued for any use on a minimum maintenance road as established in Local Law No. __ of 20__, as amended, unless it is classified as a seasonal use pursuant to the Town of ____________ Zoning Law.
Section 6. Fees
The application shall be accompanied by such fee or fees as the town board shall prescribe from time to time by resolution not exceeding the approximate reasonable cost of processing and reviewing the application and making any necessary inspections.
Section 7. Violations and Penalties
Any person, firm or corporation who or which shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than ____________________________.