A. Definitions:
CURB CUT: A reduction in the height of a public roadway curb that is authorized to provide smooth access between a public roadway and a private driveway.
DRIVEWAY: A paved surface constructed at grade in the public street right of way, between the curb and the property line, which provides access to off street parking facilities.
B. Purpose And Intent: It is generally recognized that provisions must be made for the access of vehicles to private property. Furthermore, it is the intent of the village that residential lots improved with single-family dwellings, two-family dwellings, or three-family dwellings (which lots may or may not also have located thereon a "coach house") that have access to a rear alley, shall use only the rear alley for vehicular access to parking or garage space. In all other instances when driveways are necessary, it is the intent of the village to allow driveways only when they will not interfere with the rights of the public in the adjacent street, or interfere with automotive traffic, or eliminate on street parking.
C. Permitted Curb Cuts And Driveways: Upon review and approval of permit applications in compliance with this section, the director of public health and safety is authorized to approve curb cut and driveway permits only in the following instances:
1. Any project that received site plan approval by the village council, as authorized by section 9-7-1 of this code.
2. Any project that received approval of a planned development as authorized by the village council pursuant to subsection 9-6-5D of this code.
3. Interior residential lots not adjoining an alley, when in compliance with the provisions of this chapter and this code.
4. Corner residential lots, if in the opinion of the director of public health and safety, access from an adjoining alley is not reasonably available, and when in compliance with the provisions of this section.
5. Lots that have nonconforming curb cuts and driveways as of the effective date hereof, when they are necessary to continue to serve an existing garage or surface parking area, and when in compliance with the provisions of this section.
6. Any project not in compliance with this section that received approval by the council pursuant to the appeal procedure of subsection J of this section.
D. Permits:
1. Permit Required: No person shall hereafter alter, construct, build or establish any curb cut or driveway over, across or upon any public street or parkway that is not in compliance with the requirements of this section, without securing a permit for such purpose issued by the director of public health and safety.
2. Application For Permit: Application for a permit for a curb cut or driveway shall be filed with the director of public health and safety on the form required by the village, and shall contain all of the information required thereon. The applicant shall also submit plans and specifications for such driveway.
3. Fees:
a. Permit Fee: The fee for curb cut and driveway permits shall be calculated in accordance with subsection 8-2-3A, new construction, or 8-2-3B, repairs and alterations, of this code, for one- and two-family dwellings accordingly.
b. Annual Fees: For all curb cuts and driveways now or hereafter maintained, except those used exclusively for religious, charitable, educational or residential purposes, an annual fee as follows shall be paid each year:
For first 16 feet in width, or fraction thereof | $5.00 |
For each additional 16 feet in width, or fraction thereof | $1.00 |
4. Bond: Before any permit for a curb cut or driveway shall be issued, except those used exclusively for religious, charitable, educational or residential purposes, the applicant shall file with the village an acceptable surety bond in favor of the village in the penal sum of ten thousand dollars ($10,000.00) conditioned upon the faithful observance of the terms and conditions of said permit; and conditioned further to indemnify the village against all liabilities, actions, causes of actions and expenses assessed against the village for and on account of such driveway for any reason whatsoever. This bond shall be kept in force throughout the life of said permit for said curb cut or driveway. If, at any time, said bond shall be null and void, then said permit shall cease.
5. Revocation Of Permits: All permits for curb cuts and driveways, granted pursuant to the provisions of this section shall provide that they may be revoked at any time without the consent of the grantee, by order of the village council. Upon such revocation, all rights granted thereunder shall cease, and the sidewalk space, parkways and curbs shall be restored to their former condition, all at the expense of the owner of the property served by the driveway of the time of such revocation.
E. Supervision: All curb cuts and driveways shall be installed under the supervision of the director of public health and safety.
F. Grades And Curbs: Unless otherwise expressly authorized by the terms of the written permit hereinbefore required, every driveway built across or upon any sidewalk space or parkway shall conform to the existing sidewalk grade. Where it shall be necessary, in the construction of any driveway, to break the existing curb for the driveway opening, the curb and gutter shall be completely removed and a new driveway section constructed.
Each such driveway shall be constructed and maintained so as to permit free and unobstructed passage on, over or across the same, and in such manner as not to interfere with the proper drainage and safe grading of streets. Gradual approaches to the regular sidewalk grade shall be made from the grade of the driveway. The slope of any driveway, and the approaches thereto, shall not exceed one inch to the foot (1" = 1') in any direction. Each such driveway shall be so constructed and maintained that its surface, at the point of crossing any sidewalk, shall be flush with the adjoining sections of such sidewalk.
G. Construction Requirements:
1. Except as authorized by the village council for projects that received site plan or planned development approval, the minimum width of any driveway shall be eight feet (8') and the maximum width shall be twenty feet (20'), as measured at the property line.
2. Driveways must provide access to a permitted parking structure or hard surface parking area located on private property. No driveway shall be permitted for the sole purpose of allowing vehicles to park on the public right of way.
3. Only one curb cut and driveway shall be permitted on a lot.
4. Residential driveways shall have curb radii not less than two feet (2').
5. No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lampposts, fire hydrants or other improvements located in the public right of way, either existing, or proposed, unless the improvements can be relocated to the satisfaction of the director of public health and safety at the sole expense of the permit applicant.
H. Repairs And Maintenance: Every person maintaining any driveway in the village shall keep the same in good condition and repair, free and clear of snow, ice, stone, gravel and other obstructions of any kind.
I. Curb Cut And Driveway Removal: The director of public health and safety may authorize the removal of any unpermitted curb cut and/or driveway that does not serve an existing parking structure or hard surface parking space located on private property, or that interferes with the rights of the public in the adjacent street, or unreasonably interferes with automotive traffic, or eliminates on street parking.
J. Appeals:
1. In cases where the applicant has been denied a permit by the director of public health and safety, and the applicant can demonstrate that practical difficulties exist or unnecessary hardships will result from strict application of the provisions of this section, the applicant may appeal to the village council, as provided hereinafter.
2. Such an appeal shall be made in writing to the village council by filing a written notice of such appeal with the village clerk, which notice shall set forth specific grounds for seeking a reversal of the decision of the director of public health and safety. Such notice must be filed within fourteen (14) days after the date of such written notice of denial by the director of public health and safety. The village clerk shall forthwith set the matter for a hearing before the village council and shall cause written notice thereof to be provided to the applicant not less than five (5) days prior to such hearing, such notice to be considered delivered as of the date of mailing such notice to the applicant at the address provided on the application for permit. At such hearing, the applicant shall bear the burden to show cause, on the grounds specified in the written notice of appeal, why the decision of the director of public health and safety should not be upheld.
3. The village council may, by ordinance, vary the mandatory provisions of this section, or modify or reverse the decision of the director of public health and safety in any case that the purpose and intent, as set forth in subsection B of this section, can be advanced. The village council may continue such hearing from time to time, and its finding on the appeal shall be final and conclusive. (Ord. O-29-09, 4-13-2009)