The Town Board of the Town of Royalton finds that the improper construction of private driveways across the Town's right-of-way may be hazardous to the public; poses unnecessary expense to the Town and that installation of driveways and driveway culverts according to specific standards as monitored by the Highway Department will be in the best interests of the health, safety and welfare of the citizens and property of the Town.
This article shall be entitled the "Private Driveway and Culvert Installation Law of the Town of Royalton."
This article shall apply to all that portion of the Town of Royalton outside the Village of Middleport.
No driveway center line shall intersect a Town highway less than 50 feet from the intersection of any two highway right-of-way lines. All new driveways shall be located at the discretion of the Highway Superintendent, and shall be constructed or renovated only after the issuance of a permit by the Highway Superintendent of the Town authorizing such construction or renovation.
Any and all paving, repaving or installation of blacktop, on that portion of any driveway located within the Town's right-of-way, requires a permit from the Highway Department. Failure to obtain a permit before any work is performed shall subject the property owner, tenant, and/or contractor to the penalties set forth in this article. After paving or repaving the driveway approach grade shall be of the same grade as the highway shoulder so as not to allow drainage off the driveway onto the highway. All paving and repaving must be done according to Town's specification. It shall be the property owner's responsibility to maintain said work; the Town shall not be responsible for any damage occasioned by plowing, snow removal, utility construction, or other Town activities associated with right-of-way work.
No concrete structures, such as headwalls, curbs, driveway markers, or driveway aprons, may be placed in the Town's right-of-way.
As part of the installation of a driveway across the Town's right-of-way, the Town may install culverts. Installation shall be under the following terms and conditions:
A.Culvert pipe must be paid for by the property owner before installation by the Town.
B.New corrugated metal pipe or high density polyethylene (smooth interior) plastic are the only types of culvert pipe material allowed.
C.All culvert pipe shall be a minimum of 30 feet in length and the circumference sized by the Town Superintendent of Highways.
D.Corrugated metal pipes are to be spliced and bolted with approved corrugated metal pipe collars.
E.Pipe is to be placed in the center line of the ditch and installed so as to have proper grade for flow through the pipe.
A.Any violation of this article by the property owner, tenant, or contractor shall be punishable by a fine not to exceed $1,000, or by imprisonment not to exceed 15 days, or by both such fine and imprisonment, for each convicted defendant.
B.In addition, any violation of this article or any permit issued in accordance with the above regulations shall result in the immediate revocation of such permit and the removal of the structure or encroachment from the right-of-way by the Town. The cost of the removal shall be borne by the property owner, tenant and contractor, jointly and severally. The Town shall have the option of bringing an action to collect said costs or to assess the unpaid costs against the property in the form of a tax.
C.The Code Enforcement Officer of the Town of Royalton shall have responsibility for initiating prosecutions in the Town of Royalton Justice Court.