(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DRIVEWAY. A private driveway, road, or other avenue of travel that runs through any part of a private parcel of land or that connects or will connect with any public road or street.
(B) Any person wishing to open, construct, alter, or relocate any driveway or culvert must comply with the terms of this section.
(1) Permit requirement. No person shall locate, establish, construct, replace, modify, install, or substantially reconstruct a private driveway or culvert without first filing an application and obtaining a driveway or culvert permit from the village.
(2) Application. Application for such permit may be made to the Village Clerk. The request for such permit shall be in a writing signed by the owner of the real estate affected and shall include design specifications and a drawing depicting the location and orientation of the proposed driveway and driveway culvert in relationship to the real estate involved and the adjacent road, street, or highway.
(3) Review. The village shall review all applications under this section to ensure compliance with this section.
(4) Fee. The applicant shall pay a non-refundable application fee as set forth in the village schedule of fees.
(C) With the exception of the R-3 Multi-Family Residential Zoning District, driveways shall be constructed at a minimum distance of five feet from the adjacent property line.
(D) No person shall locate, establish, construct, or substantially reconstruct any driveway or private road in a public right-of-way of the village without installing a culvert in full compliance with this section.
(E) Any person who installs a culvert under this section shall be solely responsible for the cost, maintenance, upkeep and care for that culvert.
(F) Any person who constructs a driveway or installs a culvert under this section shall be responsible for repairing any damage to the sidewalk, street or roadway caused by the construction.
(G) Culverts shall be constructed of corrugated metal or corrugated double wall plastic with a minimum diameter of 18 inches.
(H) Any driveway connection or grading activity conducted upon land with a slope greater than 12% and within 20 feet of the right-of-way of any village road shall require the certification of an engineer that such grading will not result in destabilization or erosion of any village road and street.
(I) No grading or land disturbing activity shall result in any sediment or erosion onto the village streets. Any party causing such activity shall be liable for the costs of remediation of such action as well as civil penalties set forth in § 10.99.
(Res. R-2019.3, passed 1-22-2019) (Ord. O-2022.2, passed 2-15-2022) Penalty, see §
10.99