TITLE 4
PUBLIC WAYS AND PROPERTY
CHAPTER 1
ROADS AND RIGHTS OF WAY
SECTION:
4-1-1: Work Involving Road District Roads And Rights Of Way
4-1-2: Posting Notices On Utility Poles
4-1-3: Driveway Permits Required
4-1-4: Access To Township Roads; Damage
4-1-5: Penalties
4-1-1: WORK INVOLVING ROAD DISTRICT ROADS AND RIGHTS OF WAY:
   A.   Construction Permits Required:
      1.   No person shall construct, alter, remove, add to, diminish or demolish any part or portion of any township road district road or right of way or commence to construct, alter, remove, add to, diminish or demolish any part or portion of any township road district road or right of way without first having obtained a construction permit therefor, issued and signed by the highway commissioner or his authorized representative.
      2.   No person that performs construction or other work on private property which connects, touches or enters onto or off of township road district roads or rights of way shall connect, touch or enter onto or off of any part or portion of any township road district road or right of way without first having obtained a construction permit therefor, issued and signed by the highway commissioner or his authorized representative.
   B.   Applications For Permits: Application for a permit shall be in writing on the form prescribed by the highway commissioner. Such application shall briefly describe the proposed work and shall contain such information, drawings, plans and specifications as may be reasonably required by the highway commissioner to assess such proposed work. Application shall be made by the owner or lessee or agent of either, or the architect, engineer or builder employed in connection with the proposed work. Such application shall contain the full names and addresses of the applicant and of the owner or lessee or agent of either and if the applicant is a corporate body, of its responsible officers. Such application, when signed by the highway commissioner, may serve as a permit hereunder.
   C.   Permit Fees: There shall be no fees for permits required by this section. A surety bond or security deposit shall be posted if required by the highway commissioner to guarantee proper performance of the work and restoration of the road or right of way.
   D.   Inspections: The highway commissioner shall have authority to inspect any work performed on or to any township road or right of way or any portion thereof. If he finds, after inspection, that the work performed does not meet the construction standards applicable to township roads, he may order the work stopped and reperformed in accordance with such standards. (Ord., 1-8-1985; amd. 1992 Code)
4-1-2: POSTING NOTICES ON UTILITY POLES:
   A.   Posting Notices Prohibited: It shall be unlawful and illegal to post or place in any manner whatsoever any political, election or any kind of notices whatsoever upon any and all utility poles within the unincorporated area of Leyden Township.
   B.   Enforcement: The highway commissioner and town supervisor are hereby authorized to prosecute both criminally and civilly the violators of this section and to make complaint through lawful authority against said violators for prosecution according to law.
   C.   Nonliability Of Enforcing Officers: The highway commissioner and supervisor shall not be held to answer or be liable for damages in any action brought by any person allegedly aggrieved by their action under this section or brought similarly by any other person and if they, or any of them, are so held personally liable that they be reimbursed, indemnified and held harmless by the corporate fund, save for the highway commissioner, who shall be similarly held harmless by the road and bridge fund. (Ord., 4-25-1978)
4-1-3: DRIVEWAY PERMITS REQUIRED:
   A.   No person shall construct, reconstruct, remove or resurface (exclusive of seal coating) a driveway which provides access from public or private property to a township roadway without first having applied for and obtained a permit from the highway commissioner. The application for a driveway permit shall be made on a form supplied by the highway commissioner, signed by the property owner and accompanied by the following:
      1.   A drawing of the driveway which includes measurements for said driveway, the dimensions for the driveway at the property line and at the street line, and the location of the driveway on the property to be served.
      2.   A current plat of survey for the property.
      3.   The name and address of the owner of the property to be served by the driveway and of the contractor that will be constructing the driveway.
      4.   For commercial driveways, a scaled drawing depicting the cross section of the proposed driveway construction detailing and the construction materials to be used and the thickness of each layer of material. For residential driveways, the application shall include a written description of construction materials to be used and the thickness of each layer of material. For purposes of this section, driveways serving residential buildings with three (3) or more dwelling units shall be considered commercial driveways.
      5.   All driveways shall make a smooth transition from the property line to the edge of pavement of the township road with a slope not greater than one-half inch (1/2") for each twelve inches (12") in any direction, unless a variance to this specification is requested in the permit application and granted by the highway commissioner.
   B.   The fee for a residential driveway permit shall be fifty dollars ($50.00). The fee for a commercial driveway permit shall be three hundred fifty dollars ($350.00), plus two dollars ($2.00) for each linear foot of applicant's drive area that abuts the right of way at the property line, excepting the first thirty feet (30') of applicant's drive that abuts the right of way. No permit fee is required for removal of a driveway.
   C.   Applicants for a residential driveway permit shall deposit a cash performance bond of three hundred dollars ($300.00) with the highway commissioner to guarantee compliance with this section and the highway commissioner's driveway and drainage regulations. A cash performance bond of not more than one thousand dollars ($1,000.00) may be required by the highway commissioner as a condition to the issuance of a residential driveway permit and/or the opening of a driveway if parkway encroachments must be removed or parkway restoration must be performed.
   D.   Applicants for a commercial driveway permit shall deposit a cash performance bond of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) to guarantee compliance with this section and the highway commissioner's driveway and drainage regulations. The highway commissioner may require a cash performance bond in excess of one thousand dollars ($1,000.00) if the highway commissioner determines that an additional performance guarantee is required due to the complexity or scope of the proposed work, the foreseeable impact of the work on township facilities or other public property, or the probable cost of restoring the pavement, parkway and drainage facilities and functions upon completion of the work could exceed one thousand dollars ($1,000.00).
   E.   The highway commissioner may require that a culvert or other drainage device be installed, repaired or replaced in conjunction with the construction or removal of the driveway.
   F.   No driveway authorized by a permit issued pursuant to this section may be opened and made available for access to a township road until the township parkway adjacent to the property served by the driveway has been restored to the standards specified by the highway commissioner upon issuance of the driveway permit. Unless the highway commissioner specifies different standards as part of a driveway permit, the township parkway shall be restored with open ditch and grass providing positive drainage, and with a gravel shoulder of not more than eighteen inches (18") from the edge of pavement.
   G.   Driveway permits will not be issued until all township code violations affecting the property served by the driveway have been corrected, or the owner has agreed to correct the violation as a condition to the issuance of the permit and/or the opening of the driveway.
   H.   The permit applicant and the owner of the property served by the proposed driveway are jointly and severally responsible for complying with the requirements of this section. (Ord. TO-2011-6, 5-10-2011)
   I.   Any cash performance bond deposited with the highway commissioner under this section is subject to being refunded to the permittee upon the permittee's written application to the highway commissioner within six (6) months after completion of the permitted work, or expiration of the driveway permit, but only if the permittee has corrected all township code violations affecting the property served by the driveway, and only if the work performed pursuant to the permit has been completed in conformance with all permit conditions and standards specified by the highway commissioner. Failure to submit a written request for refund of a driveway permit performance guarantee within six (6) months after completion of such work or expiration of such permit shall result in the deposit being forfeited to and retained by the road district general fund. (Ord. TO-2012-4, 3-13-2012)
4-1-4: ACCESS TO TOWNSHIP ROADS; DAMAGE:
   A.   Crossing Parkway Prohibited: No person may drive, operate or permit any motorized vehicle, trailer, or other such equipment to enter a property from a township road or to access a township road from a property except by means of an improved driveway meeting the requirements of section 4-1-3 of this chapter or of section 4-3-1 of this title.
   B.   Exceptions: A motor vehicle, trailer, or other such equipment may be operated across the parkway of a township road under the following circumstances:
      1.   For purposes of construction of a principal or accessory structure on the property adjacent to and abutting such point of access when such construction is authorized by a building permit issued by the governmental entity with building jurisdiction of the property; provided, however, that such access shall be subject to the requirements of the highway commissioner for: a) temporary access driveways; b) protecting township roads, sewers, water mains and drainage facilities; and c) the restoration of the township parkway upon completion of the construction.
      2.   When authorized by a temporary permit issued by the highway commissioner.
   C.   Damage To Parkway: It shall be a violation of this section for any person to knowingly, recklessly or negligently damage or injure the township parkway, or public property located within the township parkway. (Ord. TO-2009-4, 9-8-2009)
4-1-5: PENALTIES:
   Any person who shall violate any of the provisions of this chapter shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense and every day on which such violation continues shall constitute a separate and distinct offense. (1992 Code; amd. Ord. TO-2009-4, 9-8-2009)