(A) Permit required. No person may construct any private entrance, driveway or approach connecting with any street, alley or public way in the town, nor may a curb along such a street, alley or other public way be cut or removed without obtaining a written permit for such purposes. The term CURB CUT, as used in this section, means the opening of a private entrance, driveway or approach upon a public right-of-way regardless of whether it requires the cutting and/or removal of a concrete curb or a curb made of other materials, and this section applies to any and all construction of private entrances, driveways or approaches connecting with a public right-of-way.
(B) Application. The application (town form) for a permit to construct a private entrance, driveway or approach connecting with any street, alley or other public way in the town or for a curb cut along such street, alley or other public way shall be made to the Street Commissioner and the Clerk-Treasurer of the town, who shall have the right and power, subject to the rulings of the Town Council, to determine whether or not the curb cut or private entrance, driveway or approach is necessary or desirable. In determining whether the same is necessary or desirable, the town shall consider the following which are to be furnished by the applicant:
(1) A drawing to scale of the proposed improvement and curb-cut showing the location of the improvement and curb cut to the public street, alley or other public way, boundary lines of abutting property owners, buildings, sidewalks and draining ditches or drains;
(2) Drainage of the area including the street, alley or other public way as well as the preservation of drainage ditches, swales and culverts or tile;
(3) Interference with and/or maintenance of public sidewalks, if any;
(4) Preservation of the street, alley or other public way and convenience of traffic on the same;
(5) The number and distances of other private driveways, entrances or approaches in the immediate vicinity of the proposed road cut (
IMMEDIATE VICINITY, for the purposes of this section, shall mean a one block area in both directions from the site of the proposed improvement and road cut);
(6) The distance of the proposed improvement and/or road cut to the boundary lines of adjacent and abutting property owners, to buildings, residences or other structures; and
(7) The type of material to be used on the private driveway, entrance or approach and the elevation of the same in regard to the public street, alley or other public way.
(C) Supervision of the Street Commissioner. In the event a private entrance, driveway or approach and/or a curb cut from a public street, alley or other public way shall be deemed necessary or desirable, the same shall be done under the supervision of and to the satisfaction of the Street Commissioner, and the entire expense of constructing such private entrances, driveways and approaches shall be borne by the person to whom a permit is given. Furthermore, the applicant must satisfy the town that all safety precautions such as the placement of barricades and flashing warning lights, if required, will be installed to protect the residents and other users who travel the public roads, streets, alleys or other public ways located within the town.
(D) Posting of a bond. The Street Commissioner may require before granting a permit that a sufficient bond be given or cash deposit be made with the Clerk-Treasurer’s office to insure the carrying out of terms of the permit, which bond or deposit shall be returned when the requirements of the permit have been met.
(E) Permit fee. In addition to the posting of a sufficient bond or cash deposit as required in division (D) above, the applicant shall pay a non-refundable permit fee of $25 to the Clerk-Treasurer, and said permit fee shall be paid before the issuance or allowance of such permit. The permit fee shall be placed in the General Fund of the town.
(F) Issuance of a permit.
(1) If the proposed improvement and/or curb cut has been approved and providing all other terms and conditions of this section have been met by the applicant, the Clerk-Treasurer of the town shall issue a permit which shall, among other things, contain the following:
(a) The location of such proposed improvement and/or curb cut;
(b) The estimated width of the curb cut and/or entrance onto a public street, alley or other public way;
(c) The condition of the curb and/or public right-of-way prior to the opening;
(d) The amount of the cash deposit or performance bond on file;
(e) Payment of the non-refundable $25 permit fee;
(f) The approximate length of time it will take the applicant to make and complete the improvement and curb cut, do the construction and/or repairs and to complete the curb cut with materials that are approved by the town;
(g) The number and location of barricades and warning lights, if required;
(h) The installation, construction, placement or repair of draining ditches, drains, culverts, tile or swales;
(i) Repair or replacement of the sidewalk, if any, which may go upon or over the proposed improvement;
(j) The dates or times when the applicant must contact the town for the purpose of having the Street Commissioner conduct periodic inspections; and
(k) Any other conditions.
(2) Possession of such permit, properly endorsed by the Street Commissioner and the Clerk- Treasurer of the town, shall constitute a permit to make the proposed improvement and curb cut.
(G) Completion of work and refund of cash deposit. When the proposed improvement and curb cut is completed to the satisfaction of the Street Department of the town and if the same has been made in accordance with this section, and with the terms and provisions of the permit, the bond or cash deposit which may have been required pursuant to division (D) above shall be released and/or returned by the town to the applicant.
(H) Failure to complete work.
(1) If the applicant does not complete the work in the manner and within the time period stated in the application and on the permit, as the same applies to the public right-of-way, sidewalk, draining ditch, drain, swale, culvert or tile, then the town may, as its option, have its employees or a competent contractor complete and/or modify the work and any and all expenses incurred by the town shall be borne and paid by the applicant and/or the occupant and/or owner of the real estate upon which the proposed improvement is located. Any and all expenses incurred by the town hereunder may be made a lien against the real estate upon which the proposed improvement is located.
(2) Prior to doing and/or modifying the work and prior to filing a lien against the real estate, the town shall, by certified mail, inform the applicant and/or owner and/or occupant of the real estate of the defective conditions of the work, set out the corrective measures to be taken and the time period in which said corrective actions must be completed. Furthermore, the notice shall state that in the event the corrective measures have not been completed to the satisfaction of the town upon the expiration of the time period contained in the notice, the town may, as its option, make the necessary corrective improvement and that any and all expenses incurred by the town will be borne and paid by the applicant and/or occupant and/or the owner of the real estate, and that upon their failure to pay the said expenses within 30 days after being billed for the same by the town, the town will file a lien against the real estate and will foreclose on the same. The remedy provided herein shall be in addition to any other penalties and remedies provided in this section.
(I) Duty to keep private entrances and the like in repair.
(1) The owners or occupants of the real estate shall maintain and keep in repair all private entrances, driveways and approaches thereto, but no private entrances, driveways and approaches may be constructed or maintained in such a manner as to obstruct or interfere with the street, alley and other public way or the traffic thereon, or with any drain, ditch or culvert which has been constructed or on which serves the street, alley or other public way.
(2) An owner or occupant of the real estate shall remove or relocate the private entrances, driveways and approaches, at his or her own expense, when requested to do so by the town.
(J) Inspection and enforcement. For the purpose of enforcing the terms and provisions of this section, the Street Commissioner or his or her designated agent or a contractor employed by the town may enter upon private property for the purpose of inspecting proposed improvements and/or to bring the improvement into compliance with this section, and/or to remove, at the owner’s or occupant’s expense, all authorized private driveways, entrances or approaches or those which do not comply with the terms and provisions of this section.
(Prior Code, § 5:6:01) (Ord. 82-24, passed 12-31-1982) Penalty, see § 151.99