[HISTORY: Adopted by the Village Board of the Village of Westfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 4, Ch. 3 of the 1985 Code]
A.
No person, firm or corporation shall hereafter construct,
build or establish any driveway over, across or upon any portion of the public
sidewalk or public parkway without first having obtained a written permit
to do so from the Village Clerk-Treasurer. No such permit shall be issued
for construction or establishment of any such driveway except in accordance
with the provisions herein contained.
B.
Application for permit must be made in writing upon forms
furnished by the Village. Said application shall contain the name and address
of the person, firm or corporation making the application, the name of the
contractor or person who is to construct said driveway and the proposed location
and dimension of such driveway. Complete plans and specifications shall be
submitted to the Department of Public Works at least 48 hours before the permit
shall be issued.
A.
Before any work is started, the applicant shall pay to the Village
Clerk-Treasurer permit and inspection fees as follows: for all new driveway
construction the fee shall be as set by the Village Board.
B.
The installing contractor shall furnish the Village with
a certificate of insurance showing good and sufficient surety thereon conditioned
that the contractor shall save harmless and defend and indemnify the Village
against or on account of accidents, damages or claims arising out of or during
construction of any driveway laid by said contractor. In the event that a
landowner is doing said work without a contractor, said landowner shall provide
such a hold harmless statement if required to do so by the Public Works Director.
Said hold harmless agreement shall be in a form approved by the Village.
A.
Where a driveway of any kind of material is constructed
across an existing sidewalk, said sidewalk shall be removed and replaced with
portland cement concrete for the full width of the driveway and for a distance
of at least 12 inches on both sides of said walk. This portion shall be not
less than six inches in thickness and constructed in accordance with specifications
on file in the office of Village Clerk-Treasurer.
B.
The width of the driveways for other than residential
or dwelling house shall not exceed 30 feet at the outer or street edge of
the sidewalk.
C.
The width of the driveways for residential or dwelling
house shall not be less than nine feet or more than 20 feet at the outer or
street edge of the sidewalk.
D.
The width of the driveway opening at the curbline shall
not exceed the width of the driveway at the inner or property edge plus 20
feet, nor be less than the width of the driveway at the inner or property
edge of the sidewalk plus 10 feet. In no instance should the radius be less
than three feet at the curb corners, and this only when the driveway is at
right angles to the street line. The center line of all driveways must be
approximately at right angles to the curbline of the pavement in the public
street for a distance of at least 10 feet from said curbline.
E.
All driveways shall be so graded between the gutter and
the sidewalk that it will not be necessary to change the established grade
of either and will not elevate or depress any portion of either. No part of
said driveway shall extend beyond the curbline in such a manner as to change
the grade of said gutter or obstruct the free flow of water in said gutter.
Where elevations or depressions are necessary in the parkway strip between
the curb and walk, said parkway shall be graded on both sides of the driveway
to a distance sufficient to create a gradual ascent or descent. At no time
shall the gradient exceed one foot vertical to 10 feet horizontal.
F.
Combined curb and gutter and separate curing shall be
entirely removed for the full width of the driveway opening at the curbline.
If any existing joint in said curb is within five feet of the end of the driveway
opening, remove the existing curbing, etc., to said joint, otherwise cut said
combined curb and gutter or separating curbing, making a neat edge truly at
right angles to the edge of the pavement and truly vertical. Integral curbing,
which is that type placed with the pavement and molded as an integral part
of it, must be removed for the full depth from the top of curb to the bottom
of the pavement. The edge must be cut as above described. No combined curb
and gutter, straight curb or integral curb shall be removed within five feet
of public crosswalk.
G.
Where driveways cross open ditches in the parkways, culverts
shall be installed. Said culverts shall be of such a size and shall be constructed
of such material as determined by Department of Public Works, depending on
the conditions existing. In no instance shall the size of the opening be less
than that obtained by a twelve-inch-diameter pipe. The length of culvert shall
be determined by the following method: for ditch depth of two feet or less
the culvert shall extend not less than two feet beyond both edges of the driveway
where it crosses the ditch. For each additional foot depth of ditch add two
feet to the above figure, except that no culvert shall be less than 20 feet
long and except that where head walls are constructed at the ends of the culvert
the length shall be as determined by the Department of Public Works. No person
shall fill an existing ditch to inhibit the flow of water in order to avoid
this culvert requirement.
H.
Where an existing catch basin is in the area of the proposed
driveway, the tops shall be removed and replaced with a manhole top with perforated
lid. Said top shall be set by the Department of Public Works, and the additional
cost thereof shall be paid by the contractor.
[Amended 5-8-2007 by Ord. No. 10:07]
I.
All driveways constructed or reconstructed over, across
or upon any public street or public parkway in the Village shall be kept and
maintained at all times in accordance with the provisions hereof by the persons
so constructing, reconstructing or using the same as an adjunct or appurtenance
to lands or properties immediately adjacent thereto.
[Adopted 1-9-2007 by Ord. No. 1:07]
All new driveways or refurbished driveways, commercial or residential,
shall have a concrete or asphalt approach between the edge of the pavement
and the right-of-way line. If that distance is less than five feet, then the
approach will extend beyond the right-of-way line to maintain a minimum concrete
approach of five feet. In the event that existing curb must be removed to
create the driveway opening, the curb will be professionally cut to Village
specifications or the curb will be removed and replaced with new curb and
gutter to Village specifications. The approach and/or curb cut or replacement
must have the approval of the Director of Public Works.
A.
The approach shall be placed so that it does not impede the drainage
of the street or off-street areas. The approach shall be installed with a
shallow swale placed in the center to divert stormwater toward the public
right-of-way and away from adjoining properties.
B.
In areas where no curb and gutter is present, the approach shall
not extend into or be higher than the grade of the existing street's pavement
edge.
C.
The approach shall be in place within six months of the issuance
of the driveway permit. If the property owner fails to comply within six months,
the Village shall cause such approach to be placed, and the property owner
shall be responsible for the cost of the approach and labor incurred for the
work performed.
There shall be no more than one driveway per lot or two driveways per
multifamily residential lot per street frontage. One additional driveway may
be permitted per street frontage when that frontage exceeds 200 feet.
All driveways constructed for commercial or industrial lots shall be
paved with asphalt or concrete pavements within six months of occupancy of
the lot.
A violation of this article shall result in a forfeiture of not less
than $20 and no more than $100, not including costs, each day being considered
a violation.
The appropriate Village authority shall give the landowner 30 days'
written notice, either personally or by certified mail, to correct said defect.
In the event said landowner does not correct the violation within said 30
days, the Village Police Department shall issue the uniformed citation for
this violation.
