CHAPTER 905
Driveway and Driveway Approaches; Curb Cuts
905.01   Definitions.
905.02   Permit required.
905.03   Fees.
905.04   Restrictions on construction.
905.05   Conditions prior to construction.
905.06   Bond.
905.07   Change in use.
905.08   Construction on special land use categories.
905.09   Driveway culverts.
905.10   Altering existing structures.
905.11   Compliance required.
905.12   Appeal from adverse decision.
905.99   Penalty.
 
CROSS REFERENCES
Power to establish and care for streets - see Ohio R.C. 715.19,717.01, 723.01
Openings by the Municipality - see Ohio R.C. 723.02
Surface treatment - see Ohio R.C. 723.23, 723.31
Excavation liability - see Ohio R.C. 723.49 et seq.
Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10
Street Department - see ADM. Ch. 143
 
905.01 DEFINITIONS.
   As used in this section:
   (a)    "Driveway" means an area on private property for the accommodation of automobiles, trucks and other vehicles coming from or entering a public street.
   (b)    "Driveway approach/curb cut" means an area, construction or facility, between the traveled portion of a public street or right of way and private property, intended to provide access for vehicles from the traveled portion of a public street or right of way to private property. (Ord. 1989-21. Passed 7-11-89.)
905.02 PERMIT REQUIRED.
   (a)    No person, corporation or firm, other than an authorized employee of the Village, shall construct a driveway approach connecting to a public street or right of way, or cut, break out or remove any curb along any street or other public way without first obtaining a driveway approach/curb cut permit. Each day of such violation shall constitute a separate offense. Applications for such driveway approach/ curb cut permits shall be made on forms provided by the Manager. The Manager, or his designate, may require such construction plans or drawings with the permit application as he deems necessary to:
      (1)    Permit all reviewing authorities to make intelligent and conclusive review of the application.
      (2)    Enable the contractor to construct the proposed facility in accordance with the terms of the permit.
      (3)    Enable the individual responsible for inspection to insure that the facility is constructed in accordance with the terms of the permit.
      (4)    Serve as a record of the construction authorized by the permit.
   (b)    An applicant for a curb cut permit shall file with the Manager an application
showing:
      (1)    Name and address of the owner, or agent in charge, of the property abutting the proposed work area;
      (2)    Name and address of the party doing the work;
      (3)    Location of the work area;
      (4)    Attached plans showing details of the proposed alteration;
      (5)    Estimated cost of the alteration; and
      (6)    Such other information as the Village Engineer shall find reasonably necessary to the determination of whether a permit should be issued.
         (Ord. 1989-21. Passed 7-11-89.)
905.03 FEES.
   (a)    Each person or firm receiving the curb cut permit, as provided herein, shall pay the fee as prescribed by Council. At the time of application, a one hundred dollar ($100.00) deposit shall be paid to secure the satisfactory completion of the curb cut, including the replacement of the curb, if such replacement is deemed necessary.
   (b)    If the Manager, or his designate, after inspection determines that the curb cut and related work has been properly completed and that any damage to any portion of curbs not within the cut has been repaired, any unused portion of the deposit shall be returned upon completion of the cut, and payment in full of all fees and charges.
(Ord. 1989-21. Passed 7-11-89.)
905.04 RESTRICTIONS ON CONSTRUCTION.
   The Manager or his designate, may impose conditions in the permit upon the construction of the driveway approach/curb cut, which conditions are designed to facilitate the safe movement of pedestrian traffic and the safe and expeditious movement of motor vehicles on the public streets or ways affected by the driveway approaches/ curb cut. The conditions imposed upon driveway approaches/curb cuts by the Manager, or his designate, under this section may include, but are not limited to, the following:
   (a)    Limitations of the number, size and location of driveway approaches/curb cuts for any premises to which the permit applies.
   (b)    Requiring the use of alternative means of access such as service or private drives rather than direct connection to the public street or way where such alternative means are accessible to the premises to which the permit applies, and/or requiring that direct connection or driveway approaches/curb cuts to the public street or way be limited and used only until alternative means of access such as service or private drives are made accessible to the permit premises.
   (c)    Limiting the construction of driveway approaches/curb cuts to only one public street or way where the premises to which the permit applies abuts more than one public street or way.
   (d)    Requiring that driveway approaches/curb cuts be marked and/or constructed to allow only entrance to or only exit from the permit premises.
   (e)    Requiring the construction of safety islands to separate two driveway approaches/ curb cuts.
   (f)    Requiring the construction of right hand or left hand deceleration, acceleration and/or storage lanes and the appropriate traffic control devices, including but not limited to signals, as necessary.
   (g)    Requiring the construction of driveway turn-around facilities so that vehicular traffic can change direction on the permit premises and enter the roadway in a forward direction.
(Ord. 1989-21. Passed 7-11-89.)
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