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A. Permit Required; Compliance With Provisions: No driveway existing on the effective date hereof shall be enlarged, extended, altered or relocated, and no new driveway shall be constructed unless a permit therefor is applied for and issued by the village and the applicable fee paid and unless the requirements of this section are met.
B. Restrictions On Driveways:
1. Width: No driveway shall exceed a width of twenty feet (20') at any place where it comes into contact with or traverses any public easement or right of way.
2. Number Of Driveways Per Lot: At no more than one location per lot, unless the lot exceeds one hundred feet (100') in width as "lot width" is defined in the Winfield zoning ordinance 1 , shall a driveway come into contact with or traverse a public easement or right of way. If the lot exceeds one hundred feet (100') in width, then one additional driveway shall be permitted.
C. Unlawful Acts:
1. Acts Deemed Unlawful: It shall be unlawful for anyone to construct, alter, extend, relocate or use any driveway regulated by this section or cause same to be done contrary to or in conflict with or in violation of any of the provisions of this section.
2. Notice Of Violation: The building official shall serve a notice of violation or order on the person responsible for the construction, alteration, extension, relocation or use of a driveway in violation of the provisions of this section or in violation of a permit issued under the provisions of this section, and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
3. Prosecution Of Violation: If the notice of violation is not complied with promptly, the building official may request the legal counsel of the village to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the driveway in violation of the provisions of this section or of the order or direction made pursuant hereto. (Ord. 736, 4-23-1987)
D. Violations And Penalties: Any person who shall violate a provision of this section, or shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter, extend or relocate a driveway in violation of an approved plan or directive of the building official, or of a permit issued under the provisions of this section, shall be guilty of a misdemeanor, punishable by a fine as provided in section 1-4-1 of this code or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. (Ord. 2006-12-60, 12-7-2006)
Notes
1 | 1. See section 10-1-4 of this code. |
The procedure for road extension along property not owned by a person desiring to extend a road shall be as follows:
A. Preliminary Survey; Costs:
1. If the owner of one or more lots, blocks, tracts or parcels of land within the corporate limits of the village desires to construct a road fronting on a lot, block, tract or parcel of land within the corporate limits of the village, which the aforesaid owner does not own, he shall have the engineer for the village make a preliminary survey of the premises and report to the village board of trustees as to the feasibility of such construction and the property owner desiring such construction shall pay the cost of such preliminary engineering service.
2. If it appears from the report of the engineer for the village that the road extension is feasible, the property owner requesting such extension, if he desires to proceed with such construction fronting on land which he does not own, shall direct the village to estimate the cost of the same, and said property owner will deposit with the village the amount of the engineer's estimated fee.
3. When the engineer for the village has completed the plans and specifications for the construction of the extension of the roads, and estimated the cost thereof, the property owner requesting such extension shall be advised of the estimated cost of such work; and, if he decides not to proceed further, the money he has deposited will be used to pay the engineer's charges for preparing the plans, specifications and estimate of the cost of said work.
B. Bids For Construction; Payment Of Costs: If the estimate of the engineer for the village is acceptable to the property owner requesting the road extension, the village board of trustees will take bids for the construction of the work specified in the plans and specifications prepared by the engineer for the village, and will exhibit such bids, when received, to the property owner. If one of the bids is acceptable, the property owner will deposit with the village an amount of money sufficient to pay the entire cost of constructing said extension, including engineering, inspection and legal fees, if any, and the village treasurer shall hold the money so deposited in a separate bank account to be used for no purpose other than to pay for the cost of constructing the road extension.
C. Village Contract For Construction: Upon the deposit of the money provided for in subsection A2 of this section, the village board of trustees will enter into a contract with the successful bidder for the construction of the requested road extension, and the work shall be done under the supervision of the engineer for the village. Payments for the work shall be made by the village from the funds deposited therewith upon payment estimates from time to time received from the engineer for the village, and which have been approved by the village board of trustees.
D. Village Contract With Property Owner: If the road extension requested by the property owner, and for which he is willing to pay, passes or can be adapted to serve any property not owned by said property owner, the village will enter into a contract with the property owner, which contract shall be in a form prepared by the village and approved by the village board and property owner. (Ord. 228, 6-11-1959; amd. 1994 Code)
A. Definitions: For purposes of this section, the following terms are defined:
MAILBOX: Any standard and ornamental mailbox structure which is placed, located or maintained in, on or over any portion of the right of way.
PERMISSIBLE MAILBOX: All privately constructed and installed ornamental mailbox installations.
PERMITTED MAILBOX: Standard mailbox installations installed in accordance with subsection C of this section.
PUBLIC RIGHT OF WAY: Those areas existing or acquired by dedication, by easement or by fee simple by a public body for highway, pedestrian, bicyclist or public utility purposes.
B. Unauthorized Mailboxes Prohibited: It shall be unlawful for any person to erect or cause to be erected, to retain or cause to be retained within the limits of the public right of way, any mailbox except a permitted mailbox or permissible mailbox.
C. Permitted Mailboxes: The following mailboxes upon the public right of way shall be allowed as permitted mailboxes: standard mailboxes installed in accordance with the applicable design criteria established by the local United States post office and with the following safety standards. Standard mailbox installations shall: 1) be constructed to promote breakaway, bending or otherwise yield in order to minimize damage and harm to motor vehicles and their occupants in the event of a collision or impact with the support and 2) utilize one of the following support structures or such other similar structure as may be approved by the village manager or his designee as comparably safe:
1. Wooden post (minimum of 4 inches by 4 inches and a maximum of 6 inches by 6 inches).
2. Light gauge hollow cast iron, galvanized steel or painted steel pipe (maximum of 3 inch diameter).
D. Permissible Ornamental Mailbox Installations: Nonstandard mailbox installations placed or constructed in the public right of way by a private individual after applying for a permit and complying with all applicable village approval requirements shall be allowable as permissible ornamental mailbox installations.
1. Permit Requirements: No new ornamental mailbox installations shall be constructed in the right of way after August 31, 2014, until the required revocable right of way permit and license agreement and a building permit has been applied for by the adjacent property owner and issued by the village.
2. Design And Construction Requirements: The design of any ornamental mailbox installation permitted and constructed in the right of way after August 31, 2014, shall comply with the following restrictions and requirements:
a. The maximum width of any face of the ornamental mailbox installation shall be twenty eight inches (28").
b. The maximum height of the ornamental mailbox installation shall be five feet (5') measured from the adjacent road surface.
c. No electrical lighting shall be incorporated into any ornamental mailbox installation.
d. Reflectors shall be securely affixed to ornamental mailbox installations as required by the village building inspector and public works department.
e. All applicable design/installation criteria established by the local United States post office.
E. Maintenance Requirements: All permissible and permitted mailboxes shall be maintained by the adjacent property owner in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare, including, but not limited to, maintaining all structural elements, exterior elements and surface coatings, such as paint.
F. Village Reimbursement For Mailbox Damage: At the property owner's option, the village will either reimburse the owner of a mailbox damaged by a village snowplow or from any other village utility or road work up to a maximum of one hundred dollars ($100.00) upon receipt of a sales receipt or invoice showing the actual costs incurred by the mailbox owner for repair or replacement of a village damaged mailbox or the village will replace the mailbox.
G. Additional Provisions: This section is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith.
H. Violations: Any person violating this section shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. (Ord. 2014-07-24, 7-17-2014)
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