[Adopted 7-26-2000 by L.L. No. 2-2000]
Prior to any person or entity constructing,
maintaining or permitting any vehicular access from its property onto
a Village road, by way of a driveway or curb cut which was not constructed,
maintained or permitted prior to the effective date of this article,
and prior to any person or entity resurfacing any existing vehicular
access from its property onto a Village road from a driveway or curb
cut, such person or entity must first apply for and obtain a Village
of Liberty road access permit from the Village of Liberty Superintendent
of Highways, on forms to be provided by the Village of Liberty, accompanied
by an application fee of $15. Such forms shall be signed by the applicant
and shall contain all relevant information required by the Village
of Liberty Highway Department, including but not limited to the name,
address and telephone number of the applicant, contractor (if any)
and contractor's telephone number, the location of the proposed access,
the type of access, and the estimated number of entries and exits
per day. In addition, the applicant must provide to the Superintendent
of Highways a survey or accurate sketch depicting the location of
the proposed access with reference to fixed, identifiable landmarks.
No person or entity shall permit vehicular access
from its property onto a Village Road by way of a driveway or curb
cut unless it was properly constructed and maintained prior to the
effective date of this article or it is properly constructed, maintained
and the subject of a Village of Liberty road access permit subsequent
to the effective date of this article.
No construction, maintenance or resurfacing
of a driveway or curb cut providing access onto a Village road shall
be permitted if it fails to provide sufficient sight distance or if
it interferes with proper drainage, the proper flow of traffic, any
utilities or utility structures or any Village structure, including
but not limited to curb stops, manholes and water control valves.
Any person or entity applying for a Village
of Liberty road access permit shall agree to save and hold the Village
of Liberty and the Village of Liberty Superintendent of Highways,
and their respective agents and employees, free and harmless from
any and all liability from danger or injury to property or injury
to or death of any person or persons occasioned, caused by and/or
contributed to by the construction and/or maintenance of the access
to the Village road so applied for and/or maintained.
Upon receipt of a fully filled out and executed application for a Village of Liberty road access permit, which shall include the indemnification required by § 74-38, the Superintendent of Highways shall, within 10 business days of his receipt of same, review same to determine whether all of the necessary information and the survey or sketch have been provided and, if so, whether granting a Village of Liberty road access permit is appropriate, based upon whether the access requested would provide sufficient sight distance and would not interfere with the proper flow of traffic, proper drainage, any utilities or utility structures or any Village structure on the Village road. If the Superintendent of Highways determines that granting the Village of Liberty road access permit is appropriate, he shall issue such permit on a form to be supplied by the Village of Liberty. The Superintendent's decision to approve or deny the permit shall be made within 10 business days of his receipt of the application and supporting documentation.
