Amherst, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Amherst's Curb Cut Procedures and Standards Act, Chapter 95 of the Town Code, governs any private encroachment into the highway right-of-way to build vehicle access. Section 95-3 requires a written application to the Superintendent of Highways showing the estimated cost of construction, the section, lot and block number, and a plot plan with the proposed driveway's location and dimensions, filed by the property owner or an authorized agent. Section 95-4 then sets the technical standards the Superintendent applies before issuing the permit: no more than four driveways per lot and no more than two on a single frontage, a maximum curb-lowering of 30 feet for a single driveway or 24 feet per driveway where there are multiples, at least 20 feet of full curb between driveways on the same lot, and no curb lowered within six feet of a corner.

Ramp grade to the sidewalk needs the Superintendent's approval and generally cannot exceed one-quarter of the sidewalk width where there is no park strip. Applicants must notify the Superintendent at least 24 hours before installing a driveway apron in the right-of-way, and any damage to Town property during construction must be repaired within 24 hours at the applicant's expense. Section 95-2 grounds the whole chapter in Town Law § 130(7)(a) and Highway Law § 213, which give the Town authority to regulate driveway construction on Town highways.