(A) No driveway shall be constructed, resurfaced or replaced upon, over, or under the street right-of-way, including the so-called untraveled area as well as the so-called traveled area of the street right-of-way, until a driveway permit to construct, resurface or replace the driveway has been approved and issued by the Building Commissioner in accordance with rules, regulations or ordinances relative thereto and the required permit fee has been paid to the Clerk-Treasurer as provided in § 155.065. No permit shall be required for maintenance of an existing driveway, so long as the same materials are used in the maintenance as the existing driveway and the dimensions of the driveway are not changed.
(B) (1) A driveway shall be constructed at the owner's risk and responsibility.
(2) For a distance of two feet from the traveled portion of the right-of-way, each driveway shall be at the same or lower grade and elevation as the traveled portion of the right-of-way.
(3) Driveways shall be constructed of a material such as asphalt, concrete, brick, pavers or other similar material as approved by the Building Commissioner. A driveway shall be constructed of materials and in such a manner which prevents sand, stone, cinders or other ground material from being washed, thrown or carried onto public roads.
(4) Slag shall not be permitted as a base or surface of a driveway.
(5) The driveway in the residential district shall be limited to a width of 16 feet and allowed a five-foot radius at the intersection of the traveled portion of the right-of-way. Further limitations may apply if a driveway is on a slope. A driveway located on or affecting a steep slope is greatly discouraged and will only be permitted in extraordinary cases, see § 155.143. An apron at the garage may be allowed to accommodate up to two cars.
(6) No driveway in the residential district, or that is subject to the regulations applicable to the residential district, shall be constructed on or located within a required setback except as permitted in this division. A driveway may be located in 1 of either the front setback or rear setback, or on a corner lot in the side setback abutting the street, as applicable, and may otherwise extend not more than 4 feet into one side setback, or on a corner lot not more than 4 feet into one of the adjoining setbacks (additional limitations apply if the construction of or location of the driveway would affect a steep slope as provided in §§ 155.140 through 155.145).
(C) Each driveway shall have constructed and installed a drainage system (e.g. slotted drain into a drywell or culvert) approved by the Town Building Commissioner and Building Committee to prevent storm water runoff from the driveway onto the traveled portion of the right-of-way. Any pipe or trench used must be sloped for self-cleaning with a velocity of three feet per second.
(D) Each owner shall, at its sole cost and expense, maintain the drainage system in good working order and repair. If an owner fails or refuses to maintain the drainage system or damage to the town’s right-of-way results from storm water runoff from the owner’s lot, then the town shall have the right but not the obligation to notify and advise the owner in writing.
(E) (1) If the owner fails to maintain or repair the drainage system or fails to repair the damage to the town’s right-of-way within 60 days after receipt of the notice by the owner, the town may enter upon the lot to correct any deficiencies in the maintenance or repair of the drainage system and to repair the damage to the town’s right-of-way.
(2) The town may record a lien against the lot with the Recorder of Porter County, Indiana for the town’s costs and expenses (including, without limitation, attorneys fees and expenses), in correcting the deficiencies and making repairs.
(F) Interest shall accrue on the amount paid by the town at the highest rate permitted by law from the date payment is made by the town until the date that the owner reimburses the town for its costs and expenses. Upon the town’s receipt of reimbursement for its costs and expenses, the town shall promptly execute, acknowledge and deliver any releases of lien as may be required to release any claim of lien that may have been placed on record.
(Ord. 208, passed 12-19-1983; Am. Ord. 2014-04, passed - -; Am. Ord. 2021-09, passed 7-20-2021; Am. Ord. 2022-07, passed 8-16-2022) Penalty, see § 155.999