A. No person shall pave, grade, improve, stone, designate, delineate or otherwise prepare or use any portion of any township road district road right of way or parkway for parking of any private motor vehicle, for storage of private property or for any other structure, improvement or obstruction which are collectively referred to herein as "unpermitted encroachments", except the following permitted encroachments.
B. The following structures and improvements are permitted encroachments in the parkway of township roads:
1. One driveway per buildable lot having a width at the property line of not more than twenty feet (20'), with a maximum width at the street line of not more than twenty six feet (26') inclusive of a maximum of three foot (3') flares at the street line. The driveway may be increased to a maximum width of thirty feet (30'), with a maximum width at the street line of not more than thirty six feet (36') inclusive of a maximum of three foot (3') flares at the street line when:
a. A buildable lot abuts two (2) township roads (a corner lot);
b. The driveway services a permanent garage structure;
c. The driveway is not wider than the garage elevation that provides vehicle traffic to the garage; and
d. The driveway width does not exceed the dimension calculated from the far left and far right overhead doorjambs, plus an additional five feet (5') of driveway total width beyond such dimension with a maximum of not more than three feet (3') of such additional width on one side of either doorjamb.
2. A mailbox complying with U.S. postal service regulations serving the abutting property.
3. Utility services.
4. Light posts.
5. Official regulatory traffic signs.
6. Sidewalks. (Ord. TO-2009-4, 9-8-2009)
C. It is the duty of any person, firm or corporation that owns, manages, uses or controls any area within a district road, right of way or parkway that has been improved, paved, designated, maintained or used for storage or parking of motor vehicles or other unpermitted encroachments, to cease such use, to remove all improvements, paving, stone, timbers or other materials comprising such unpermitted encroachments from the district road right of way, and to restore the right of way, including, but not limited to, drainage ditches and culverts within the right of way, to the right of way specifications established by the highway commissioner. (Ord. TO-2005-4, 10-12-2005)
A. It is the duty of any person, firm or entity that installs, improves, maintains or uses a parking space or other unpermitted encroachment in a township road right of way or parkway in violation of section 4-3-1 of this chapter, within fourteen (14) days after the delivery of written notice of violation from the highway commissioner, to: 1) remove all such improvements, paving, stone, timbers or other materials comprising such unpermitted encroachment from the district road right of way; and 2) restore the right of way, including drainage ditches and culverts, to the right of way specifications established by the highway commissioner.
B. Failure to comply with the requirements of subsection A of this section following notice from the Highway Commissioner is a violation of this section. Any person, firm, or corporation violating the provisions of this section shall be fined fifty dollars ($50.00) for residential properties and three hundred dollars ($300.00) for commercial properties for each offense. A new offense shall be deemed committed on each day that such offense exists or continues. (Ord. TO-2005-4, 10-12-2005; amd. Ord. HO-2021-4, 9-14-2021; Ord. HO-2021-5, 10-12-2021)
A. Any person, firm or entity that installs, improves, maintains or uses a parking space or other unpermitted encroachment in a township road right of way or parkway in violation of section 4-3-1 of this chapter that also owns abutting property that benefits from the maintenance and use of such a parking space or other unpermitted encroachment shall, prior to selling or offering to sell such benefiting property, remove all such improvements, paving, stone, timbers or other materials comprising the unpermitted encroachment from the district road right of way and shall restore the right of way, including, but not limited to, drainage ditches and culverts within the right of way, to the right of way specifications established by the highway commissioner.
B. The highway commissioner shall remove all parking spaces or other unpermitted encroachments located within the district road right of way abutting any private property that uses or benefits from such improvements whenever such benefiting property is placed on the market for sale. Benefiting property is deemed to have been placed on the market for sale whenever any of the following events occur:
1. The benefiting property is listed in the multiple listing service (MLS) as being for sale;
2. A property "For Sale" sign is displayed on the benefiting property;
3. The benefiting property is offered for sale privately to interested persons;
4. Legal or beneficial title to the benefiting property is transferred;
5. The identity of the owner for utility service purposes is changed.
C. Restoration fees for work performed by the Town of Leyden shall be based on square footage as follows:
1. Zero to seventy five (0-75) square feet: Two hundred fifty dollars ($250.00);
2. Seventy six to two hundred fifty (76-250) square feet: Five hundred dollars ($500.00);
3. Two hundred fifty one to four hundred ninety nine (251-499) square feet: Seven hundred and fifty dollars ($750.00);
4. Five hundred (500) or more square feet: One thousand dollars ($1,000.00).
D. Payments: Restoration payments shall be placed on the final water bill for the restored property.
E. Failure to remove all such improvements, paving, stone, timbers or other materials comprising such unpermitted encroachments from the township road right-of-way as required by subsection A of this section is a violation of this section. Any person, firm or corporation violating the provisions of this section shall be fined fifty dollars ($50.00) for residential properties and three hundred dollars ($300.00) for commercial properties for each offense. A new offense shall be deemed committed on each day that such offense exists or continues. (Ord. TO-2005-4, 10-12-2005; amd. Ord. HO-2021-4, 9-14-2021; Ord. HO-2021-5, 10-12-2021)
A. Payment of Penalties: Penalties imposed for violations of this chapter and not paid within thirty (30) days of the imposition of such penalties, shall be included and billed as part of the Town's periodic bill for sewer and water utility service to the subject property, and shall be paid at the town hall within fifteen (15) days after the billing date. The owner of the subject property, and any nonowner that is the occupant or the lessee thereof, shall be jointly and severally liable to pay the penalties imposed herein.
B. Disconnection Of Utility Service For Failure To Pay Penalties: If the owner, occupant or lessee has not paid any penalties imposed for a violation of this chapter within thirty (30) days of the date such penalties are imposed, utility service to the subject property may be disconnected by the Superintendent of the Combined Waterworks and Sewerage System of the Town of Leyden in accordance with the procedures set forth in section 5-5-11 of this Code. (Ord. HO-2020-2, 7-7-2020)