Section
General Provisions
94.01 Encroachment of structures prohibited
94.02 Acts and conditions requiring special street cleaning or repair
Driveways
94.14 General and residential
94.15 Permit required; fee
94.16 Rescinding of permit
94.17 Variances
94.18 Supervision and inspection of work
94.19 Proximity of entrance to intersections, hydrants, and other public improvements
94.20 Minimum size
94.21 Side clearance
94.22 Number, width of opening
94.23 Driveway approaches
94.24 Paving
94.25 Tile requirement
94.26 Replacement of sidewalk
94.27 Reserved
94.28 Cleanup of work site; safety requirements; liability of village
94.29 Maintenance and repairs
94.30 Appeals
94.40 Non-residential driveway design
94.41 Purpose and intent
94.42 Process of driveway planning and approval
94.43 Administrative controls
94.44 Driveway design; general requirements
94.45 Sight distance
94.46 Joint driveways
94.47 Number and location of driveways
94.48 Turn lanes
94.49 Definitions
94.99 Penalty
Appendix A: Driveway permit application
Appendix B: Minimum sight distance
Appendix C: Turn lane warrants
Appendix D: Class D - Special corridors: Lewisville-Clemmons Road
GENERAL PROVISIONS
It shall be unlawful for any person to erect or maintain any building, fence, or other structures, to include trees, shrubs, and the like, so as to encroach upon or obstruct any street, sidewalk, or public place or right-of-way within the village; and any building, fence, or other structure to include trees, shrubs, and the like, erected and maintained in violation of this section which constitutes a nuisance and safety hazard shall be subject to abatement by the village at the expense of the violator. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 89-05, passed - - ; Am. Ord. 2022-03, passed 4-25-22)
Penalty, see § 94.99
Cross-reference:
Nuisances, see Chapter 92
(A) Prohibited acts.
(1) Any act, neglect, or omission or any condition caused or allowed to continue, which creates or results in causing a condition in or upon any public street, sidewalk, or storm drain which requires special cleaning or repair of such street, sidewalk, or storm drain is hereby prohibited.
(2) Prohibited acts, neglects, omissions, and conditions which result in requiring special cleaning or repair shall include but shall not be limited to:
(a) The hauling of dirt, debris, or materials removed from the sites of construction or reconstruction of buildings or structures, or waste materials of any kind, in such manner that any portion of such dirt, debris or materials is spilled, lost, dropped or left upon the streets or sidewalks.
(b) The depositing or leaving upon the streets or sidewalks of mud, dirt, or any other material as a result of the use of trucks, construction equipment, or machinery, regardless of whether such materials are spilled, lost, or dropped in transit or are deposited upon the surface of the street or public property by the tires or wheels of such trucks, construction equipment, or machinery.
(c) The grading of lots, land, or driveways at elevations higher than street or sidewalk level or any other acts, neglects, or conditions created or allowed to exist upon such property which result in mud, dirt, soil, gravel, debris, or other materials being washed onto public streets or sidewalks or into any public storm drainage system.
(B) When cleaning or repair required; definition. “Special cleaning or repair” of streets, sidewalks, and the storm drainage system shall be deemed to be “required” when their condition is such that the public health, safety, welfare, or public use of the same is threatened, limited, or impaired; the use and enjoyment of property abutting such streets or sidewalks is diminished or limited; or substantial damage is caused to the streets, sidewalks, or drainage facilities or to such abutting property. For the purpose of this section, SPECIAL CLEANING OR REPAIR shall include resurfacing, restoration of gravel, and similar repairs made necessary by prohibited acts, neglects, or conditions.
(C) Village to clean and repair sidewalks and drains; record of costs.
(1) The Public Works Department will clean and repair all streets, sidewalks, and storm drains as and when special cleaning or repair is required by conditions defined in division (B) of this section.
(2) The Public Works Department will keep records of the cost of all such specially required cleaning and repair (which may be computed on the basis of established per mile and/or per hour cost of the use of village equipment, plus labor and materials, including water, likewise computed at cost to the village). A cost schedule shall be determined by staff on an annual basis.
(D) Criminal penalty. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 95-07, passed 5-8-95; Am. Ord. 2022-03, passed 4-25-22)
Penalty, see § 94.99
DRIVEWAYS
All residential driveway permits shall meet the requirements of §§ 94.14 through 94.30 and shall comply with penalty section, § 94.99. Non-residential driveway permits shall meet the requirements set forth in §§ 94.14 through 94.30 and all applicable requirements described in §§ 94.40 through 94.49 and penalty section, § 94.99.
(Ord. 2012-02, passed 2-27-12)
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