Article 1. Statement of Authority. The Town Board of the Town of Florence pursuant to the authority granted under Article 4 of the Town Law, and Sections 10 and 20 of the Municipal Home Rule Law of the State of New York hereby adopts as follows:

Article 2. Statement of Purpose and Findings. The Town Board of the Town of Florence finds that the proper construction of private driveways intersecting Town roads can create hazards to the public and proposes unnecessary expenses of the Town The purpose of this law is to enact regulations promoting the best health, safety, and general welfare of the citizens and property of the Town of Florence through the efficient regulation of driveways and to provide minimum standards for their placement, installation, and use.

Article 3. Enactment. The Town Board of the Town of Florence hereby enacts as follows:

ARTICLE 1. INTRODUCTION

Section 100. Enacting Clause Pursuant to the authority conferred by Articles 2 and 3 of the Municipal Home Rule

Section 120 Purpose. The Town Board of the Town of Florence finds that the improper construction of private driveways intersecting town highways may be hazardous to the public and poses unnecessary expense to the town. This law has been enacted for the purpose of promoting the best interests the health, safety ' and general welfare of the citizens and property of the Town of Florence through the efficient regulation of Driveways, and to provide minimum standards for their placement, installation and use.

Section 130. Authority. By the authority of Article 2 and 3 of Municipal Home. Rule Law of the State of New York, the Planning Board of the Town of Florence is. authorized and empowered to regulate use of land and roads in the town.

ARTICLE 2. Definitions

Section 200. General Definitions

Except where specifically defined herein, all words used in this law carry their customary meanings. Words in present tense include the future, words in the singular include the plural and the plural the singular, and the word "shall" is intended to be mandatory. As used in this [local law, unless the context or subject matter otherwiserequires, the following words shall have the following respective meanings:

Section 205. Specific Definitions

· Driveway: private road giving access from a public way to a property building on abutting grounds.

· Driveway Installation Permit: Written permission required for any driveway accessing a Town of Florence Town Road.

· Minimum Maintenance Road: road designated as minimum maintenance by Local Law No 1 of 2002.

· Minimum Maintenance Road Driveway Installation Permit: A permit för a Driveway accessing property with access only onto. a road designated as minimum maintenance by Local Law No 1 of 2002.

· Person: The term "person" shall include a corporation, company, Association, society, firm, partnership or joint stock company, as well as an individual, a state, and all political subdivisions of all state or any agency or instrumentality thereof.

· Seasonal Use: A principal use which will not have access to a snow-plowed or winter maintained public road or be provided with vehicular public services such as, but not limited to, emergency services, school busing or postal delivery during the Winter snow season.

· Seasonal Use. Driveway Installation Permit: A permit for a Driveway accessing property with a Seasonal Use Designation.

· Seasonal Use Road: Under New York State law, an annual designation made by the Highway Superintenden.t to notify the public a road will not receive any maintenance between December 1st and April 1st.

ARTICLE 3. DRIVEWAY INSTALLATION REGULATIONS

Section 300. Permit required

No person, owner, tenant or contractor shall install a driveway opening onto a town road without first obtaining a driveway installation permit from the Town of Florence Codes Enforcement Officer.

Section 310. Application Procedures

1. A completed application, for a Driveway Installation Permit, in writing, shall be filed with the Town of Florence Highway Superintendent upon application forms which shall be prescribed. Such an application shall state the nature, location, extent and purpose of the proposed driveway opening, and the intended use of the property.

2. All app1ications 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 areas and drainage facilities.

3. It shall be the responsibility of the applicant to arrange a meeting with the town highway superintendent at the site of the driveway opening to determine design specifications.

4. A driveway installation permit under this law shall be applied for coincidentally with the application for a zoning permit, if applicable, to commence the excavation for or the construction or erection of any structure regulated by the Town of Florence Zoning Law, as amended.

Section 320. Requirements and Responsibilities

1 . No driveway: installation permit shall be issued for any on a minimum maintenance road as established by Local Law No. 1 of 2002; is amended, unless it is classified as Seasonal Use pursuant to the Town of Florence Zoning Law.

2 . Any driveway culvert required by the town highway superintendent that is within the town right—of—way shall be designed, installed and maintained by the Town of Florence.

3 . The applicant shall be responsible for the cost of any required culvert, and the cost. of any agreed upon stone, as well as the cost of loading and trucking such stone and any other required material. Such cost shall be determined by the Town ^IHighway Superintendent.

4 . The town Shall not perform any work on installing or maintaining any required culvert until all costs have been paid by the applicant.

Section. 330. 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 340. Violations and Penalties

1. The Town Board is hereby authorized to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this law.

2. Any person who violates any provision of this law shall be guilty of a violation as defined in Article 10 of the Municipal Home Rule Law and shall, upon conviction, be subject to a fine of not more than $500. Each week's continued violation shall constitute a separate and distinct offense.

3. Compliance with this law may also be compelled and violations restrained by Order or by injunction of a court of competent jurisdiction. Ady person who violates any provision of this law shall also be subject to a civil penalty of not more than $500, to be recovered by the Town in a civil action and each week’s continued violation shall be for this purpose a separate and distinct violation.

Article 4. Severability. If any part of this Chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this Chapter.

Article 5. Effective Date. This local law shall take effect immediately upon filing with the Secretary