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The design, location, construction and operation of driveways and related construction within the street right-of-way shall meet requirements of the current Department of Public Works standard specifications for street construction and the design standards required by §§ 94.040 through 94.065. A deviation therefrom shall be consistent with current and projected traffic volumes on the street and the driveway, adjacent development, equivalence of materials and methods, and safety requirements of persons using the driveways and streets. The deviation shall be in writing authorized only by the Department of Public Works.
(Ord. 2008-01, passed 5-12-2008)
A driveway permit is subject to the following conditions and limitations.
(A) The Department of Public Works reserves the right of inspection by its authorized representatives of a driveway constructed within a street right-of-way. The permittee shall reimburse the Department of Public Works for the services of any on-the-job inspection which may be required.
(B) The Department of Public Works or its representatives shall be given at least five days’ notice before commencement of an operation covered by the permit.
(C) The permittee shall have a copy of the permit available at the site during construction.
(D) The permittee shall take, provide and maintain necessary precautions to prevent injury or damage to persons and property from operations covered by the permit, and shall use warning signs and safety devices which are in accordance with the current Michigan Manual of Uniform Traffic Control Devices.
(E) The permittee shall surrender the permit and all rights thereunder when notified to do so by the Department of Public Works because of its need for the area covered by the permit or because of default of any provision of the permit. The Department of Public Works may grant the person a new permit.
(F) Altered natural drainage shall not be permitted to flow onto the street right-of-way unless special provisions are approved by the Department of Public Works.
(G) The permit holder shall remove all surplus materials to an area outside of the street right-of-way, unless the permit provides for disposal at locations within the street right-of-way. Excavated material shall be stockpiled so it does not adversely affect the safety of traffic.
(H) Work authorized by the permit shall be completed to the satisfaction of the Department of Public Works on or before the completion date specified in the permit. A request for an extension of time for completion of this work shall include reasons for the request. Approval of extension of time shall be based on extenuating circumstances and absence of neglect by the permittee.
(I) The property owner and his, her or its heirs, successors and assigns, or his, her or its agent shall maintain the driveways set forth in the permit.
(J) The period applied for and granted in this application and permit covers activity within the right-of-way. Failure of the permit holder to finish work within one year from date of issuance shall cancel this permit.
(K) Permit holders must comply with the requirements of Public Act 53 of 1974, as amended (being M.C.L.A. §§ 460.701 to 460.718). They should call Miss Dig at (800) 482-7171 at least three full working days, but not more than 21 calendar days, before they start work.
(Ord. 2008-01, passed 5-12-2008)
A permittee shall save harmless the village and its officers, boards, Council, employees and agents against any claim for damages arising from permittee’s negligence or permittee’s contractor’s negligence in operations covered by the permit. Certificates of insurance may be required in case of a commercial driveway to insure claims for damage or personal injury. General liability insurance carried by an applicant or contractor is acceptable and shall name the village as an additional insured.
(Ord. 2008-01, passed 5-12-2008)
(A) A performance bond shall be required by a permit which is issued for construction or reconstruction of a commercial driveway to protect the village against the cost of completing construction or correcting deficiencies. A reasonable amount of coverage of the bond shall be determined by the Department of Public Works Supervisor. A bond shall not be required from a governmental agency.
(B) Acceptable types of bonds may be a certified check or money order payable to the village or a surety bond acceptable to the village.
(Ord. 2008-01, passed 5-12-2008)
DRIVEWAY STANDARDS
(A) A driveway shall be so located that no undue interference with the free movement of street traffic will result. A driveway shall be so located also to provide the most favorable vision and grade conditions possible for motorists using the street and the driveway consistent with development of the site considering proper traffic operations and safety.
(B) A driveway, including the radii, but not including the right-turn lanes and tapers, shall be located entirely within the area between the permittee’s property lines extended to the centerline of the street. A driveway radius may extend, at the discretion of the Department of Public Works, outside of that area only if the adjacent property owner certifies, in writing, that he or she will permit such extension.
(C) If the driveway is to be located adjacent to a street intersection, the following shall apply:
(1) If the intersecting street is curbed, the point of curvature of the driveway radius shall be at least 20 feet from the point of curvature of the intersecting street radius;
(2) If the intersecting street is uncurbed, the point of curvature of the driveway radius shall be at least 50 feet from the edge of pavement of the intersecting street; or
(3) When an existing street or driveway is reconstructed or the requirements in divisions (C)(1) or (C)(2) above cannot be applied, the driveway radius shall not encroach upon the intersection radius unless such encroachment is physically unavoidable.
(D) A driveway shall not be constructed along the acceleration or deceleration lanes and tapers unless no other reasonable access point is available.
(Ord. 2008-01, passed 5-12-2008)
(A) At an intersection or railroad crossing where the village owns limited access right-of-way to provide a clear vision area, a driveway shall not enter or cross that clear vision area. At an intersection or railroad crossing where the village has an easement for a clear vision area, a driveway shall not enter or cross that clear vision area.
(B) Adjacent to and on both sides of a driveway, a buffer area between the right-of-way and the pavement edge shall be used, as determined by the Department of Public Works, to provide a physical barrier between street traffic and activity on private property. A buffer area is needed to provide an unobscured vision area and to prevent potentially hazardous movement of vehicles, especially at undesirable angles of approach, from and to the street. The buffer area shall consist of a lawn area, a low shrub area, a ditch or equivalent and shall not be used for the parking of vehicles. Where encroachment of vehicle parking on the buffer area takes place or may take place, the Department of Public Works may require the buffer area to be established by guardrail, guard posts, curb or equivalent.
(Ord. 2008-01, passed 5-12-2008)
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