§ 91.16 IMPROVEMENTS WITHIN THE PUBLIC RIGHTS-OF-WAY.
   (A)   Driveways, walkway, and drainage improvements for single-family and two-family dwelling property access. Property owners proposing to install driveways, walkways, culvert pipes, ditches or swales, or similar access improvements within town-owned rights-of-way, shall be responsible for construction and maintenance of such improvements within the right-of-way. Construction plans shall be submitted showing width, length, elevations and type of materials to be used for such access improvements. Upon approval by the Public Services Department, the property owner or contractor shall schedule an on-site, pre-construction meeting with a representative of the Public Services Department. Prior to the issuance of an occupancy permit for all new construction, the property owner or contractor shall secure final approval of the access improvements from the Public Services Department.
      (1)   No material other than concrete or asphalt will be approved for any driveway or walkway construction within town-owned rights-of-way, unless otherwise approved by the Public Services Department based on existing site conditions. The following construction standards shall apply: All single- and two-family dwelling driveways shall have a minimum of one paved sections of at least 10 feet in width and a maximum 15-foot radius. The driveways shall have a minimum length of 10 feet measured from the existing edge of pavement. This section must be constructed of a minimum of 4-inch thick 3,000 psi concrete or a 4-inch base of ABC stone topped by 1½ inches of asphalt; provided, however, that the portion of said driveways within 3 feet of the existing edge of pavement shall be 6-inch thick concrete or 2 inches of asphalt over a 6-inch base of ABC stone. The paved area within the right-of-way shall be for access purposes only and shall not be designed or used to support parking or any other use.
      (2)   Access onto a property across existing drainage ditches or swales is prohibited unless prior approval is given by the Public Services Department. This shall include lot clearing activities prior to associated development of the property.
      (3)   Culverts, grades and installation.
         (a)   Driveway culverts. A culvert shall be installed in any existing town ditch or swale prior to constructing a driveway over such ditch or swale. All culverts installed in the right-of-way of any town street must be constructed of aluminum or double-walled high-density polyethylene (HDPE) and must be installed in accordance with the State Department of Transportation's Standard Specifications, Section 300-6(A & B), Laying Pipe, and 300-7, Backfilling.
         (b)   Culvert grades. For culverts being installed in accordance with an approved site plan, grades shall be as approved on the site plan. In the case of culverts beneath driveways not being installed in accordance with an approved site plan, the culvert will be installed by a private contractor at a grade set by the Public Services Department.
         (c)   Culvert size. All culverts installed in the ditch on the east side of Memorial Boulevard shall be as outlined in the following table:
 
Eastside Memorial Boulevard Culvert Sizing
Location
Size
Woodmere Avenue south to Goddard Avenue
48 inches in diameter
Goddard Avenue south to Holly Street
42 inches in diameter
Holly Street south to Carolyn Drive
36 inches in diameter
 
and, all other single-family and duplex driveway culverts shall be as specified by the Public Services Department. In the case of driveways installed in accordance with an approved site plan, the culvert size shall be as approved on the site plan.
         (d)   Inspection. All culverts must be inspected by the Public Services Department prior to backfilling. It shall be the responsibility of the contractor to call the department for an inspection.
      (4)   Endwalls. Endwalls required on each end of all culverts installed in the ditch on the east side of Memorial Avenue and at the ends of other culverts as determined by the Public Services Department. Endwalls shall be constructed in accordance with the State Department of Transportation's Roadway Standard Drawings, No. 838.01, Standard Concrete Endwall for Single and Double Pipe Culverts 15” through 48” Pipe 90 Degrees Skew. All culverts not required to have endwalls must have flared end sections installed in accordance with such Roadway Standard Drawings, No. 310.01, Standard Reinforced Concrete Flared End Section, or No. 320.01, Standard Corrugated Metal Flared End Section.
   (B)   Landscaping or making other improvements within public right-of-way. Adjacent property owners may seed, landscape or otherwise improve that area between the paved portion of the street and their property line (known as the public right-of-way) as outlined:
      (1)   All materials placed within the right-of-way shall not obstruct the street, drainage or other function of the right-of-way; and
      (2)   Hard or permanent structures are prohibited within the right-of-way.
   (C)   Seeding and stabilization; bond requirements. Private developers who apply to construct a new street within a town right-of-way shall post a bond (or cash equivalent) with the Public Services Department for seeding and stabilization of town rights-of-way prior to authorization to construct a new street. The amount of the bond (or cash equivalent) shall be based on a certified seeding and stabilization cost provided by developer and verified by Public Services Department, based on industry standards, plus 15% contingencies. Bonds (or cash equivalent) for seeding and stabilization shall be held for maximum 120 days after the date of Board of Commissioners acceptance of work within a right-of-way.
(`88 Code, § 18-27) (Ord. passed 12-14-82; Am. Ord. 04-07, passed 4-28-04; Am. Ord. 04-24, passed 12-13-04; Am. Ord. 13-17, passed 10-14-13)