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§ 94.22 DRAINAGE-RELATED INTERFERENCE WITH SIDEWALKS.
   (A)   No person may cause or permit gutters, ditches, ducts or drain pipes to be constructed or placed on property under his or her control in a manner that the water from the gutters, ditches, ducts or drain pipes empties onto or runs across a public sidewalk.
   (B)   Subject to the next sentence, all owners of property abutting concrete, brick or other permanently improved public sidewalks shall grade the property or construct a retaining wall in a manner as to prevent the washing of dirt, grass, gravel or other material upon the town sidewalks. If the town constructs a sidewalk, it shall be responsible initially for taking the necessary steps to prevent the washing of the materials upon the sidewalk.
§ 94.23 WARNING REQUIRED FOR OBSTRUCTION.
   (A)   All persons engaged in doing work that creates any dangerous condition or obstruction in the public right-of-way of any street or sidewalk shall take whatever action is necessary, including the placement of barricades and warning signs or devices, to warn the traveling public of the condition or obstruction.
   (B)   No person may remove, destroy, injure or tamper with any barricade, sign, lantern, torch or other device placed in any street or sidewalk to warn or give notice to the traveling public of any dangerous condition or obstruction.
§ 94.24 SPECIAL CLEANING OR REPAIRS; REQUIREMENTS.
   (A)   No person may cause, suffer or permit any condition to be created in or upon any public street, sidewalk or storm drain that necessitates the special cleaning or repair of the street, sidewalk or storm drain. Without limiting the generality of the foregoing, the following are specifically prohibited:
      (1)   The hauling of dirt, debris, materials removed from the sites of construction or reconstruction of buildings or structures or waste materials of any kind, in a manner that any portion of the dirt, debris or materials is spilled, lost, dropped or left upon the streets or sidewalks;
      (2)   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 the 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 the trucks, construction equipment or machinery;
      (3)   The grading of lots, lands or driveways at elevations higher than the street or sidewalk level or any other acts, neglects or conditions created or allowed to exist upon the lots, lands or driveways which result in mud, dirt, soil, gravel, debris or any other material being washed or otherwise deposited upon a public street or sidewalk or into a public storm drainage system;
      (4)   The throwing or depositing in or upon any street, sidewalk or storm drain of any glass bottle, tacks, nails, wire, cans or any other substance likely to injure or damage any person, animal or vehicle; and/or
      (5)   The depositing of grass clippings and leaves in the street or on the curb.
   (B)   For purposes of this section, the following conditions apply:
      (1)   Special cleaning or repair of streets, sidewalks or storm drains is necessitated when the condition of the streets, sidewalks or storm drains is such that their use by the public is threatened, limited or impaired, the use and enjoyment of property abutting the streets, sidewalks or storm drains is diminished or limited or substantial damage is caused to the streets, sidewalks or storm drains or abutting property; and
      (2)   Special cleaning or repair includes but is not limited to sweeping, flushing, removal of mud or debris, resurfacing, restoration of gravel and base or any other extraordinary maintenance measures that are required to restore the street, sidewalk or storm drain to the condition that existed prior to the occurrence of the prohibited act.
   (C)   If the Administrator determines that, as a result of violation of division (A) above conditions exist that require special cleaning or repairs, the Administrator shall notify any or all persons responsible under division (A) above of the existence of the conditions and shall order prompt abatement thereof.
   (D)   If any person, having been ordered to abate the condition requiring special cleaning or repairs, fails, neglects or refuses to abate or remove the condition within the time specified, the Administrator shall cause the condition to be corrected or otherwise remedied by having employees of the town accomplish the work requiring special cleaning or repairs. The costs incurred by the town in accomplishing the special cleaning or repairs shall be billed by the town to the persons responsible under division (A) above.
§ 94.25 OBSTRUCTIONS TO VISION AT STREET INTERSECTIONS.
   (A)   No person may cause or allow any fence, shrubs, bushes or other plantings on property owned by him or her or under his or her control to substantially obstruct vision between a height of two feet and a height of ten feet measured above the average elevation of the existing surfaces of the intersecting streets at their centerlines within the area formed by joining points on the property lines measured as follows.
      (1)   On property lines abutting streets 50 feet or less in right-of-way width, the points on the property lines shall be 25 feet from the lot corner.
      (2)   On property lines abutting streets more than 50 feet in right-of-way width, the points on the property lines shall be 40 feet from the lot corner.
   (B)   The requirements of this section shall not be deemed to prohibit obstructions caused by natural grade or by retaining walls.
CURBS, STREETS, DRIVEWAYS AND EXCAVATIONS
§ 94.40 CURBING INSTALLATION, SIDEWALK OR STREET PAVING.
   (A)   Except as otherwise provided in this section, no person may install any curbing or pave any sidewalk or street within the town without having obtained a written permit from the Planning and Zoning Director.
   (B)   Before granting a permit pursuant to this section, the Planning and Zoning Director shall determine that the installation and paving shall be made in accordance with the town specifications.
§ 94.41 DRIVEWAYS.
   (A)   Except as otherwise provided in this section, no person may open, construct, alter or relocate any driveway across any public sidewalk or into any street, or cut any curb for such purpose without having obtained a written permit from the Planning and Zoning Director.
   (B)   Any person who receives a permit under this section shall be responsible for repairing any damage to the sidewalk or street (including curb and gutter) caused by the driveway construction.
   (C)   The Planning and Zoning Director shall review the driveway construction and design plans and shall issue the permit unless he or she finds the driveway, if constructed as proposed, will substantially interfere with or pose a danger to persons using the street or sidewalk intersected by the driveway, or public facilities (including utility poles, traffic signal standards and the like), or will fail to comply with the specifications of the town or any of the provisions of this section.
   (D)   No driveway may be constructed closer than three feet to a fire hydrant or catch basin or closer than 20 feet to the right-of-way line of a street that intersects with the street the driveway opens onto.
   (E)   No driveway may be constructed closer than two and one-half feet to a property line at the point where the property line intersects with the right-of-way line of a street that the driveway opens onto.
   (F)   If the driveway crosses a drainage ditch on a lot that abuts a street without curb or gutter, then piping of sufficient size and strength (as approved by the Planning and Zoning Director) shall be installed beneath the driveway surface so that the drainage capability of the drainage ditch is not materially impaired.
   (G)   If the driveway crosses a drainage swale on a lot that abuts a street without curb or gutter, the driveway may conform to the contours of the drainage swale without compliance with division (F) above (Planning and Zoning Director) so long as the drainage capability of the drainage swale is not materially impaired.
   (H)   Any person paving a private driveway that intersects with or opens onto a public street shall make the pavement of the driveway connect with and conform to the street and sidewalk cross sections in accordance with the specifications of the Planning and Zoning Director.
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