A. 
No person shall hereafter construct, build, establish, replace or maintain a driveway or driveway culvert pipe in a right-of-way maintained by the Village without first obtaining a permit to do so, as hereinafter provided. Residents may obtain a copy of the "Application and Permit for Driveway and/or Culvert Construction or Replacement" forms from the Village Superintendent of Public Works. These forms can be obtained from Village Superintendent of Public Works, who is authorized by the Village to administer this article, (hereinafter referred to as "manager") or his or her authorized deputy. Completed applications shall be submitted in duplicate, along with a nonrefundable fee to cover processing and construction inspection, to the manager. The fee to be established from time to time by the Village Board of Trustees.
B. 
Upon review of the permit application, the manager shall determine whether the proposed construction conforms to the requirements of this article. If it does conform to the requirements of this article, the manager or his or her authorized deputy will issue the permit for construction. If the proposed construction does not conform to the requirements of this article, the manager shall deny issuance of the permit. If approval is denied, the applicant may appeal to the Village Board of Trustees for a review of the decision rendered by the manager. The Oakwood Village Board may vary or adapt the strict application of any of the requirements of this article where the strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land.
All driveways hereafter constructed, replaced, established or maintained shall conform to the following standards:
A. 
Minimum width.
(1) 
Residential zoned property: 10 feet.
(2) 
Commercial, industrial or agricultural zoned property: 12 feet.
B. 
Maximum width.
(1) 
Residential zoned property:
(a) 
For lots 50 feet in width or less, the maximum width shall be 24 feet.
(b) 
For lots greater than 50 feet and less than 60 feet in width, the maximum width shall be 30 feet.
(c) 
Lots greater than 60 feet shall have a maximum width of 30 feet for houses with a two-car garage and 36 feet for houses with three-car garages.
(d) 
Combined (common) driveway to serve adjacent lots: 24 feet.
(2) 
Commercial, industrial or agricultural zoned property: 35 feet.
(a) 
Exceptions: Access lanes located on U.S. Route 150 and North Oakwood Street (only in those areas where the Illinois Department of Transportation owns and maintains said roadway), if any, are subject to approvals from Illinois Department of Transportation (IDOT) and/or the Village Engineer.
(3) 
Exceptions and modifications:
(a) 
Driveways serving duplex units (two-family residential) with adjoining two-car garages may be constructed up to 48 feet wide.
(b) 
Driveways shall be a minimum of five feet from the side property line with the exception of the wing of the apron lying within the front right-of-way area. Any drive encroaching within the five-foot side yard setback area must be approved by a variance from the Village of Oakwood Planning Commission. The applicant must demonstrate that by encroaching, there shall be no adverse effect to stormwater drainage and the driveway will not be directly over or interfere with any utility easement. In no case shall a variance be granted to allow the paved driveway to extend fully to the property line.
(c) 
On a residential lot where an additional driveway is requested, the second access drive may not exceed 24 feet in width regardless of lot width.
(d) 
Driveways fronting on cul-de-sacs or similar "eyebrow" half-street circles may be constructed up to 30 feet in width regardless of lot width.
C. 
Minimum entrance radius, five feet; maximum entrance radius, 30 feet.
D. 
Minimum distance between adjacent driveways: 10 feet (except for a combined driveway serving adjacent lots).
E. 
Driveway surface within street right-of-way (over compacted sub grade):
(1) 
Portland cement concrete. Minimum thickness: 5 1/2 inches. Portions of the driveway designated for public sidewalks shall have a minimum thickness of six inches and shall be in full compliance with the Village of Oakwood's ordinance relative to sidewalk construction.
(2) 
Bituminous concrete: 1 1/2-inch minimum thickness of bituminous concrete surface, and it must be constructed over a compacted crushed stone base, not less than four inches in thickness. Public sidewalks shall be constructed with concrete.
(3) 
Driveway surface materials shall meet the applicable requirements of the "Illinois Department of Transportation Standards Specifications for Road and Bridge Construction" latest edition.
F. 
Driveway side slopes. Maximum: Two horizontal: one vertical. Sidewalks shall comply with Village of Oakwood ordinances relative to sidewalk design and construction.
In no event shall any driveway interfere with existing drainage along and upon the right-of-way. Driveways located at the crests of rises and at other locations approved by the manager where the driveway will not interfere with the existing drainage along and upon the right-of-way may not require the installation of a culvert. In no case shall a driveway be constructed as a ford through the existing drainage within the right-of-way. In all cases where the driveway or proposed driveway crosses the existing drainage or does or may interfere with the existing drainage within the right-of-way, culverts shall be installed in accordance with the following specifications:
A. 
Minimum diameter: 10 inches. Larger culverts may be required by the manager for specific location to provide adequate drainage.
B. 
Piping materials may be of the following:
(1) 
Galvanized, corrugated steel pipe. Minimum gauge: 16.
(2) 
Aluminum alloy pipe. Minimum gauge: 16.
(3) 
Portland cement concrete culvert pipe that is properly jointed.
(4) 
Other materials approved by the manager for use in the Village.
C. 
Flow line of the culvert shall match the flow line of the ditch. Prior to installation of the culvert pipe, the ditch shall be graded and shaped as designed or as approved by the manager. The manager may direct that the flow line of the culvert be placed below the flow line of the existing ditch to allow for future grading and cleaning of existing ditches.
D. 
Culvert length shall be sufficient to provide a one-foot minimum of exposed pipe extending beyond the intersection of the driveway side slopes and the flow line of the ditch.
E. 
There shall be a minimum of four inches of cover, including the driveway surface, over the culvert pipe.
F. 
Culverts shall include installation of an appropriate end section at both ends of the culvert to allow proper inflow and outflow of water at the culvert.
All construction shall be completed within a reasonable time after commencement, and upon completion the applicant shall sow grass seed, install sod, or take such other measures as may be appropriate to protect the right-of-way. If, in the opinion of the manager, the work is not completed within a reasonable time, the manager shall give the applicant 30 days to complete the work. If the work is not completed within that time, the Village may complete the work and the applicant and/or owner shall reimburse the Village for costs incurred.
When construction is complete, the applicant shall notify the manager that the work is ready for inspection. The inspection will be conducted by the manager, a representative of the Village Engineer, or other authorized deputy of the manager. Should the work be found to be unacceptable, the applicant shall have 30 days within which to upgrade the construction to meet the requirements of this article. If at the end of that time the work is still unacceptable, the Village may complete the work and the applicant and/or owner shall reimburse the Village for costs incurred.
A. 
The cost of any work performed by or on behalf of the Village pursuant to §§ 240-4 and 240-5 shall be a lien upon the real estate served by the driveway. Whenever a bill for such work remains unpaid 30 days after it has been rendered to the property owner, the Village clerk shall file within 180 days after the cost and expense of such work is incurred with the Recorder of Deeds of Vermilion County a notice of lien. The notice shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof; (2) the amount of money representing the cost and expense incurred or payable for the work; and (3) the date or dates when such cost and expense was incurred by the Village.
B. 
A copy of such notice shall be mailed by the Village Clerk to the owner of the premises at his or her last known address, if his or her address is known to the Village Clerk; otherwise, to the owner at the address of the premises.
C. 
Property subject to a lien for such unpaid bills shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, including reasonable attorney's fees, as in the case in the foreclosure of statutory liens. The Village Attorney is authorized to institute such proceedings in the name of the Village, in any court having jurisdiction over such matter, within two years from the date the costs and expenses were incurred.
D. 
In addition to the above lien, the Village may file a lien and proceed against the property served by the driveway in accordance with and under the provisions of the Illinois Mechanic's Lien Act[1] or avail itself of any other legal remedy.
[1]
Editor's Note: See 770 ILCS 60/1 et seq.
The applicant shall bear the cost of furnishing all necessary construction labor, materials and related items necessary to comply with this article. Maintenance of the driveway and the costs thereof shall be the responsibility of the owner of the property served by the driveway. The maintenance of the culvert shall initially be the responsibility of the Village. In the event that the culvert needs to be replaced, that responsibility shall belong to the owner. From that point forward, the owner shall maintain that portion of the driveway within the Village right-of-way in a reasonable condition.
While requiring minimum standards for driveway and culvert construction, the Village in no way guarantees that these minimum standards are adequate for the intended use of the improvements.
Included as a part of this article are Exhibit A and Exhibit B.[1] Exhibit A is a graphic depiction of the dimension requirements for driveway and culvert pipes within street right-of-way. Exhibit B is the application and permit form for driveway and/or culvert construction or replacement. These exhibits are intended to aid and facilitate compliance and enforcement of this article. They may be changed by the manager from time to time to better serve the needs intended, subject to the review and approval of the Village Board of Trustees.
[1]
Editor's Note: Said exhibits are included as an attachment to this chapter.