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LOCAL LAW NO. 3 OF THE YEAR 1993

OF THE TOWN OF PEMBROKE

REGULATIONS FOR LOCATION AND CONSTRUCTION OF DRIVEWAY ENTRANCES AND EXISTS ON TOWN ROADS:

ARTICLE IV

Location and Construction of Driveway Entrances and Exits on Highways

Section 11. Prohibition.
No property owner shall cause, permit or allow the construction or location of any driveway entrance or exit onto a highway in the Town of Pembroke without first having received a written permit to do so from the Superintendent of Highways in charge of such highway.

Section 12. Permits.
Before commencing the construction of a driveway entrance or exit onto a highway in the Town, the property owner shall both make an application for a permit to do so to the appropriate Superintendent of Highways in charge of the highway involved, and obtain such permit.

ARTICLE VI, Section 21 sets forth the form of the Application for Driveway Permit to be used for town highways. Permits for Genesee County highways shall be obtained from the Highway Superintendent for Genesee County. Permits for state highways shall be obtained from the New York State Department of Transportation.

Section 13. Standard Driveway Requirements for Town Highways:

A. The property owner shall furnish all pipes required to meet the conditions of the permit issued by the Highway Superintendent.

B. No alteration or addition shall be made to any driveway entrance or exit after it is constructed, nor shall any such driveway entrance or exit be relocated without first securing a new permit from the Highway Superintendent.

C. No more than two (2) driveway cuts shall be allowed on any one highway for a residential, commercial, industrial or other use.

D. The maximum width to be allowed for a driveway cut, including a single combined entrance and exit, shall be fifty (50) feet.

E. The angle of any driveway entrance or exit with respect to the pavement of the highway shall not be less than forty—five (45) degrees.

F. No driveway entrance or exit shall be permitted within thirty (30) feet of any public or private highway intersection boundary line.

G. A detailed plan of the proposed driveway entrance and/or exit.

H. Any culvert pipe required to be installed at a driveway entrance or exit shall be of corrugated steel or of equal substance satisfactory to the Highway Superintendent, and it shah be of a length and diameter as determined by the Highway Superintendent.

I. No head walls shall be permitted above the surface of the driveway entrance or exit.

J. No concrete surface shall be permitted for driveway entrances or exists within the bounds of the highway right—of—way.

K. Asphalt surfaces for driveway entrances or exists shall not be allowed within the bounds of the highway right—of—way unless approved in design and construction by the Highway Superintendent.

L. Any culvert pipe shall be installed so as to allow it to run full without spilling out onto the highway right—of—way and pavement on either the high or low side of the said culvert pipe.

M. Where a driveway entrance or exit is on an incline or decline from the highway pavement, the change of grade is to be at the ditch line so that a uniform shoulder can be maintained.

Sectton 14. County Highways.
The standard driveway requirements for county highways shall be as determined by Genesee County and/or the County Superintendent of Highways.

Section 15. State Highways.
The standard driveway requirements for state highways shall be as determined by the State of New York, New York State Department of Transportation and/or the Resident Engineer of the New York State Department of Transportation having authority over the Town of Pembroke.

Section 16. Building Permit.
No building permit shalt be issued in the Town of Pembroke involving real property not having a previously approved driveway entrance and/or exit onto a highway within the Town until such driveway permit is obtained by the property owner.