[Adopted 11-1-1989 as part of L.L. No. 6-1989]
No person shall begin to construct, reconstruct, alter or grade any sidewalk, curb cut or driveway without first obtaining a permit from the Building Inspector as provided by this article. This requirement shall not be applicable to work proposed to be done by or on behalf of the Village of Saddle Rock.
An applicant for a permit hereunder shall file with the Building Inspector an application showing:
A.
The name and address of the owners or agent in charge of the property abutting the proposed work area.
B.
The name and address of the party doing the work.
C.
The location of the work area.
D.
Attached plans showing details of the proposed work.
E.
The estimated cost of the work.
F.
A plot plan and a plan which shall indicate the location, elevation, area, size, parking layout, drainage facilities and opening from the lot to any street, road or thoroughfare.
G.
The construction materials to be used and the intended form of construction.
H.
A driveway plan which shall indicate the location, area and size of any and all portions of the driveway wherein more than one surface material is to be used in and on said driveway. Such an application shall also be accompanied by a plan which shall indicate the location, elevation, area and openings, if any, of any existing driveway upon said lot.
I.
Such information as the Building Inspector shall find reasonably necessary to the determination of whether a permit should issue hereunder.
The applicant shall pay the fees required by law. The fees shall accompany an application for a permit hereunder.
The Building Inspector shall issue a permit hereunder when he finds that:
A.
The plans for the proposed work are satisfactory and conform to the standard specifications of the Village for work of like character.
B.
The work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and the means of ingress and egress to and from the property affected and adjacent properties.
C.
The health, welfare and safety of the public will not be unreasonably impaired.
A.
Where the use, convenience and necessity of the public require, the Building Inspector shall have the authority to order the owners or agents in charge of property where a curb cut is maintained to alter the curb cut in such manner as he shall find reasonably necessary under the circumstances.
B.
Notice of alteration order. The notice required by this section shall require compliance by the permittee within a reasonable period of time specified in said notice, be in writing and be served upon such person by personal delivery or by certified mail.
In addition to any other requirements of this article, or any other applicable law, the following additional regulations shall be applicable to any work for which a permit is required by this article:
A.
No more than one curb cut or driveway opening shall be permitted per residential lot. A curb cut or driveway opening shall not exceed 20 feet in width at the intersection with any street, road or thoroughfare. Any curb cut or driveway opening upon any building lot must be part of the driveway on said lot and be the means of exit and entrance to and from the driveway and a garage on said lot.
B.
The driveway at the curb or driveway opening must be able to accommodate a vehicle so that it may be parked and/or stopped in the driveway without extending to any degree beyond the curb cut or driveway opening on and/or into any street, road or thoroughfare. The minimum area for any driveway located on and within any building lot outside of any garage located thereon shall be nine feet by 24 feet.
C.
The angle of a driveway at its opening to any street, road or thoroughfare for the length of 10 feet into said lot from the street, road or thoroughfare to which it opens shall be as close to 90° as is practicable.
D.
A driveway shall be so constructed to assure that all runoff of water from said driveway or from gutters and leaders which channel water onto a driveway will flow into drainage facilities as hereinafter provided. Driveways shall not be constructed or altered so as to convey surface water onto or into any street, road or thoroughfare. The Code Official may require drainage facilities to be installed as may be appropriate, as part of any driveway construction or alteration, to prevent damage to public facilities or property by reason of water runoff from said driveway.
E.
Unless otherwise prohibited by the existence of driveways or other structures, including garages located upon a lot, no curb cut or driveway opening shall be constructed or altered to be located on the side of any such building lot which abuts or adjoins another lot where there exists a curb cut upon such adjoining or abutting lot located within 35 feet of the curb cut or driveway opening proposed to be constructed or altered. No driveway, curb cut or driveway opening shall extend into any side yard.
F.
No driveway shall be constructed or altered to be more than 20 feet in width along its length from the curb cut or driveway opening into the yard in which it lies or the yard in which it is to be located on said lot. No driveway or parking area thereof shall be constructed within or on any Village property or easement except as provided herein. A driveway shall not be constructed or altered to contain a separate but connected parking area as part of said driveway at any point or points along its length which shall exceed an area of 18 feet by 23 feet beyond the average width of the driveway.
G.
All existing and proposed drainage facilities shall comply with the provisions of this article and shall be so constructed so that no damage will occur to existing and/or proposed buildings, driveways, adjacent properties, drainage facilities, public improvements, streets, roads and thoroughfares. Catch basins and/or dry wells shall conform to the applicable building codes.
H.
The permittee shall bear all costs of construction and/or alteration of the driveway and curb cut or driveway opening. The permittee shall bear all costs of repair to curbstones or any public street, road or thoroughfare occasioned or cased by the construction, alteration and/or maintenance of a driveway.
Driveways, curb cuts and driveway openings shall be maintained at the sole cost and expense of the owner or owners of land or lands upon which the same exist. Such owner or owners of said land shall maintain said driveway, curb cut and driveway opening at all times in a manner which will not damage or cause disrepair to any street, road, thoroughfare, Village property, easement and/or right-of-way. Trees, shrubbery and other landscape plantings shall be trimmed to maintain the exit and entrance from and to the driveway in such a manner as to maintain optimal and safe sight distance in all directions for safe exit from and entrance to the driveway.
This article shall not affect or prohibit the maintenance, repair or continuation of any paved, masonry or stone covered driveway, curb cut or driveway opening as existing on the effective date of this article, provided that the same is maintained in a condition of repair as required by this article.
All private roads shall be maintained under the same conditions applicable to driveways pursuant to this article for a distance of not less than 25 feet from the point where such private road abuts a public road.
The location, size, grade, drainage facilities, construction material, design and means and methods of construction or alterations of any curb cut, driveway opening and/or driveway upon any Village property or within any Village easement or right-of-way shall be specified by the Building Inspector as may be necessary or appropriate to keep such curb cut, driveway opening and/or driveway and the street, road or thoroughfare with which it intersects and/or the property or easement of the Village in a safe condition and a proper state of maintenance and repair and to avoid damage to the public. The Board of Appeals may grant variances of the provisions of this section, in the same manner as provided for variances of Chapter 150 of this Code.
In addition to any other penalties provided by law, the provisions of § 126-13 of this Code shall be applicable to violations of this article.