For the safety of the general public, the Village shall determine
the location, size, construction and number of access points to public
roadways within the Village limits. It is the Village's intent
to provide safe access to properties abutting public roadways suitable
for the property to be developed to its highest and best use, provided
that access is not deficient or dangerous to the general public.
No person, firm or corporation shall construct, reconstruct,
alter or enlarge any private driveway within the limits of the dedicated
portion of any public street under the control and jurisdiction of
the Village of Argyle without first obtaining a driveway permit therefor
as provided by this chapter. A driveway permit is not required when
a new driveway is to be constructed in conjunction with the construction
of a new principal structure; the driveway is included in the building
permit process in such cases. The fee for driveway permits shall be
as prescribed from time to time by resolution of the Village Board.
Application for such permit shall be made to the Clerk-Treasurer
or Director of Public Works on a form provided by the Village and
shall be accompanied by a drawing accurately depicting the portion
of the proposed private driveway to be constructed, reconstructed,
altered or enlarged lying within the dedicated portion of the public
street, the dimensions thereof, and a statement of the materials proposed
to be used. Upon receipt of the application and the fee, if required,
unless the proposed private driveway is a part of construction for
a building or other structure for which a building permit has been
applied for, in which case no additional fee is required, the Clerk-Treasurer
or Director of Public Works shall approve such application if the
proposed driveway complies with the terms and conditions of this and
any other applicable Village ordinance.
All driveway permit applications shall contain the applicant's
statement that:
A. The applicant represents all parties in interest, and that such proposed
driveway is for the bona fide purpose of securing access to his/her
property and not for the purpose of parking or servicing vehicles,
advertising, storage or merchandising of goods within the dedicated
portion of the Village street, or for any other purpose.
B. The Village, notwithstanding the construction of such driveway, reserves
the right to make any changes, additions, repairs or relocations within
the dedicated portion of the Village street at any time, including
relocation, reconstruction, widening and maintaining the street, without
compensating the owner of such private driveway for the damage or
destruction of such private roadway.
C. The permittee, his/her successors or assigns, agrees to indemnify
and hold harmless the Village of Argyle, its officials, officers,
agents or employees against any claim or any cause of action for personal
injury or property damage sustained by reason of the exercise of such
permit.
D. The Village does not assume any responsibility for the removal or
clearance of snow, ice or sleet or the opening of any windrows of
such material upon such portion of such driveway within the dedicated
portion of the Village street.
The location, design and construction of driveways shall be
in accordance with the following:
A. General design. Private driveways shall be of such width and so located
that all of such driveways and their appurtenances are within the
limits of the frontage abutting the street of the property served.
Driveways shall not provide direct ingress or egress to or from any
street intersection area and shall not encroach upon or occupy areas
of the street right-of-way required for effective traffic control
or for street signs or signals. A driveway shall be so located and
constructed that vehicles approaching or using it shall have adequate
sight distance along the street. Driveway approaches shall be at least
10 feet apart except by special permission from the Village Board,
and driveways shall in all cases be placed wherever possible as not
to interfere with utilities in place.
B. Number. The number of driveways to serve an individual property fronting
on a street shall be one, except where deemed necessary and feasible
by the Village Board for reasonable and adequate service to the property,
considering the safety, convenience and utility of the street.
C. Island area. The island area in the street right-of-way between successive driveways or adjoining a driveway and between the highway shoulder and right-of-way shall constitute a restricted area and may be filled in and graded only as provided in Subsection
F.
D. Drainage. The surface of the driveway connecting with rural-type
street cross sections shall slope downward and away from the highway
shoulder a sufficient distance to preclude ordinary surface water
drainage flowing onto the street roadbed.
E. Reconstruction of sidewalks and curb and gutter. When the construction of a driveway requires the removal of a curb or gutter, the new connections shall be of equivalent acceptable material and curb returns shall be provided or restored in a neat, workmanlike manner. The driveway surface shall be connected with the highway pavement and the sidewalk, if any, in a neat, workmanlike manner. The driveway apron from the street and/or curb to the outer edge of the adjacent sidewalk (or where a sidewalk would typically be constructed) shall be paved. The driveway construction shall include the replacement of such sidewalk areas which are inadequate or which are or may be damaged by means of vehicle travel across the sidewalk. Reconstructed or new sidewalks across driveways shall meet the construction standards of §
568-5 of this Code.
F. Restricted areas. The restricted area between successive driveways
may be filled in and graded only when the following requirements are
complied with:
(1) The filling or draining shall be to grades approved by the Village
and, except where highway drainage is by means of curb and gutter,
water drainage of the area shall be directed away from the street
roadbed in a suitable manner.
(2) Culvert extensions under the restricted area shall be of the same
size and of equivalent acceptable material as the culvert under the
driveway. Intermediate manholes adequate for cleanout purposes may
be required where the total culvert length is excessive.
(3) Where no street side ditch separates the restricted area from the
street roadbed, permanent provision may be required to separate the
area from the street roadbed to prevent its use for driveway or parking
purposes by construction of a border, curb, rail or posts as may be
required by the Village Board.
G. Relocation of utilities. Any costs of relocating public utilities
shall be the responsibility of the property owner with approval of
the Village Board or authorized committee thereof necessary before
any utility may be relocated and the driveway installed.
H. Construction across sidewalks. All driveway entrances and approaches which are constructed across sidewalks shall be of concrete constructed in accordance with the requirements for sidewalk construction in §
568-5 of this Code insofar as such requirements are applicable, including thickness requirements.
I. Variances. Any of the above requirements may be varied by the Village
Board in such instances where the peculiar nature of the property
or the design of the street may make the rigid adherence to the above
requirements impossible or impractical.
The following regulations are applicable to driveways serving
commercial or industrial establishments:
A. Width of drive. No part of a private driveway located within the
dedicated area of a public street shall, except as hereinafter provided,
have a width greater than 26 feet measured at the outer or street
edge of the sidewalk. In instances where the nature of the commercial
or industrial activity or the physical characteristics of the land
would require a driveway of greater width than herein specified, the
Village Board in its discretion may permit a driveway of additional
width.
B. Angular placement of driveway. The angle between the center line
of the driveway and the curbline shall not be less than 45°.
C. Island areas. Where the public sidewalk is adjacent to the curb,
an island of a minimum length of six feet measured along the curbline
shall be placed between each entrance to a Village street. The curb
shall be left intact for the length of this island. Where the public
sidewalk is remote from the curb, an island of a minimum length of
10 feet measured along the right-of-way line shall be maintained along
each entrance to the Village street. All flares shall be tangent to
the curbline. A curb length of not less than three feet shall be left
undisturbed adjacent to each property line to serve as an island area
in the event an adjoining property owner applies for a driveway permit
to serve his/her property.
The following regulations are applicable to driveways serving
residential property:
A. Width of driveways. Openings for vehicular ingress and egress shall
be at least 10 feet wide at the property line for residential properties
but shall not exceed 26 feet at the property line and 35 feet at the
curb opening.
B. Angular placement. The center line of the drive may be parallel to
the property line of the lot where access is required or at right
angles to the curbline.
Any person feeling himself/herself aggrieved by the refusal
of the Clerk-Treasurer or Director of Public Works to issue a permit
for a private driveway may appeal such refusal to the Village Board
within 20 days after such refusal to issue such permit is made.