Permit Required for Curb Cuts
A person shall not, either at his own expense, or on behalf of another person, make, construct or reconstruct, locate or relocate, relay or repair a driveway or curb cut abutting a highway without first obtaining a Right of Way Permit from the Department of Highways. All curb cuts and driveways shall be constructed as shown by the detailed plan and specifications showed in the booklet.
Materials for Curb Cuts and Aprons
All aprons and curbs cuts must be constructed in concrete.
Application for Permit
Each application for a permit shall be signed and acknowledged by the applicant and shall set forth a fully dimensioned site plan showing the existing and proposed driveways, curbs and sidewalks of the subject property and on each side of the subject property.
The Department of Highways shall review each application and shall issue such permit upon compliance by the applicant with the provisions of the Town Code provided that he shall determine that:
- The proposed driveway entrance or curb cut will not interfere with the orderly and reasonable use of adjacent property.
- The proposed driveway entrance or curb cut will not create undue interference with vehicular traffic in the adjoining highway.
- The proposed driveway entrance or curb cut will not adversely affect the health, safety, welfare, comfort and convenience of the inhabitants of the town.
The issuance of a permit herein does not constitute a waiver of any requirements respecting the subject property which may exist pursuant to statute, local law or ordinance.
For a residential or noncommercial curb cut permit, the application fee shall be $55 for each single-car-width driveway (10 foot maximum) or $55 for each double-car width driveway (18 foot maximum). For commercial permit, the application fee for each commercial-use driveway shall be $300.
Driveway/Curb Cut Specifications – Residential
Each curb cut and driveway for noncommercial use constructed under a permit issued pursuant to this chapter shall be constructed in accordance with the detailed plan-and-specification exhibit provided in this chapter and in accordance with the following additional specifications:
- Curb cuts for dwellings shall be no greater than 10 feet for one-car access at the curbline.
- Curb cuts for dwellings shall be no greater than 18 feet for two-car access at the curbline.
- For corner property, the minimum distance permitted between any curb cut and the property line forming the adjoining street extended to the curbline shall be 25 feet.
- A minimum distance of 24 inches from side property lines shall be maintained at the curbline for all curb cuts.
U-Shaped Driveway/Curb Cut Specifications – Residential
Curb cuts for connected or U-shaped driveways shall comply with the following requirements:
- Curb cuts for purposes of connected or U-shaped driveways shall require not less than 50 linear feet minimum frontage on one street or highway.
- Each connected or U-shaped driveway permitted under this subsection shall consist of either two ten-foot curb cuts, or one ten-foot curb cut and one eighteen-foot curb cut.
- A minimum of 18 feet shall be required between curb cuts.
Adjusting Existing Curb Cuts
An existing curb cut may be supplemented by not more than one additional single-width ten-foot curb cut, provided that the proposed additional curb cut be located not less than 18 feet from the existing curb cut at the curbline, and the application otherwise meets all other requirements.
An existing 10-foot curb cut for an attached garage may be widened to an 18-foot curb cut when the application otherwise meets all other requirements herein.
Driveway and Curb Cut Specifications – Commercial
Each curb cut and driveway for commercial use constructed under a permit issued shall be constructed in accordance with the detailed plan-and-specification exhibit provided and in accordance with the following additional specifications:
- Normal curb cuts for commercial use shall be not greater than 25 feet at the curbline.
- For corner property, the minimum distance permitted between any commercial-use curb cut and the property line forming the adjoining street extended to the curbline shall be 10 feet.
- A minimum distance of five feet from side property lines shall be maintained at the curbline for all commercial-use curb cuts.
- Commercial-use curb cuts may be supplemented by additional commercial-use curb cuts, provided that all such curb cuts are not less than 25 feet one from the other at the curbline, and the application otherwise meets all other requirements.
Failure to Complete Permit Requirements
Each permit shall authorize the Commissioner of Highways to complete the repair, construction or reconstruction of driveway entrances and curb cuts whenever the Commissioner finds reasonable cause to conclude that the applicant fails, refuses or neglects to complete such repair, construction or reconstruction. The Town shall be reimbursed for the cost of such repair, construction or reconstruction by assessment against and collection from the lots or parcels of land where such work was performed or services rendered for so much of the actual and complete costs as incurred upon and from each lot or lots, in the manner provided for the cost of public improvements by Article 15 of the Town Law.