[HISTORY: Adopted by the President and Board of Trustees
of the Village of Sidney 10-7-1985 by Ord. No. 102. Amendments noted where applicable.]
A.
No person shall hereafter construct, build, establish, replace or
maintain a driveway or driveway culvert pipe in a street right-of-way
maintained by the Village of Sidney without first obtaining a permit
to do so, as hereinafter provided. Residents may obtain the application
and permit for driveway and/or culvert construction or replacement
forms from the Village Building Inspector or his authorized deputy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No work shall be undertaken on a Village right-of-way until the approved
permit has been received by the applicant.
A.
The application for a permit shall include the location and a brief
description of the proposed work and the intended use of the driveway
and be accompanied by plans, drawings, or a sketch. The application
must also include the name, address, and phone number of the applicant
and the owner of record of property served by the entrance.
B.
Completed applications shall be submitted in duplicate to the Village
Building Inspector or his authorized deputy. Upon review of the permit
application by the Building Inspector, he shall determine whether
the proposed construction conforms to the requirements of this chapter.
If it does, the Building Inspector or his authorized deputy will issue
the permit for construction. If the proposed construction does not
conform to the requirements of this chapter, the Building Inspector
shall deny issuance of the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
If approval is denied, the applicant may appeal to the Village Board
of Trustees for an override of the decision rendered by the Building
Inspector. The Village Board may vary or adapt the strict application
of any of the requirements of this chapter where the strict application
would result in practical difficulty or unnecessary hardship that
would deprive the owner of the reasonable use of the land.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A driveway and/or driveway culvert constructed under a permit
must be done by or for the property owner at his expense. Where a
commercial driveway requires additions to the roadway facility, these
must also be done at the owner's expense. Existing driveways may be
altered by the Village, at its expense, when reconstruction or changing
conditions warrant.
Property owners having access to a Village right-of-way are
fully responsible for the maintenance of their driveway. This maintenance
responsibility includes the removal of snow and ice and keeping the
portion of the driveway within the Village right-of-way in a safe
condition for the general public.
A.
Driveways must be constructed so that they do not adversely affect
the street drainage or drainage of the adjacent property. The drainage
and the stability of the subgrade must not be impaired by driveway
construction or roadside development. In no case may the construction
of a driveway cause water to flow across the street pavement, or to
pond on the shoulders or in the ditch, or result in erosion within
the right-of-way.
B.
Drainage collected by ditches, gutters, or pipes on private property
shall not be discharged into the street drainage system unless expressly
approved by the Village. The permittee may be required to submit a
drainage study to the Village justifying the drainage system proposed
and the pipe or sewer sizes to be used. Natural drainage laws and
practices must be observed.
C.
Where the construction of a driveway necessitates crossing a roadway
ditch, a culvert pipe shall be installed in the ditch by the permittee.
The low point of the driveway profile shall be at or close to the
ditch line. Under no circumstances will existing ditches or gutters
be filled without adequate alternate provisions for drainage being
made.
D.
Culvert pipe shall be of a size adequate to carry the anticipated
flow in the ditch and shall not be smaller than 10 inches' inside
diameter.
[Amended 12-4-2000 by Ord. No. 2000-14]
E.
The structural material and gauge of the driveway culvert pipe shall
be adequate to withstand loads from the anticipated vehicular traffic
across the driveway.
F.
The culvert shall meet the requirements of the Illinois Standard
Specifications for Road and Bridge Construction.
G.
The length of the culvert may be determined as the sum of the width
of the driveway (surfaced width and shoulder) at the ditch line and
the length needed to accommodate a side slope of at least two horizontal
to one vertical from the driveway grade to the ditch, with a minimum
length of 24 feet regardless of ditch depth.
H.
The 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.
I.
There shall be a minimum of six inches of cover, including the driveway
surface, over the culvert pipe.
J.
Culvert piping materials must be of one of the following:
(1)
Galvanized, corrugated steel culvert pipe; minimum gauge, 16.
(2)
Precoated galvanized corrugated steel culvert pipe.
(3)
Reinforced concrete culvert pipe, storm drain, and sewer.
(4)
Polyethylene (PE) pipe having a corrugated exterior and a smooth
interior, in accordance with AASHTO M294, Type S, and Article 1040
of the current IDOT Standard Specifications, as amended.
[Added 12-4-2000 by Ord.
No. 2000-14; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
All driveways hereafter constructed, replaced, established or
maintained shall conform with the following:
C.
Minimum entrance radius flare: 10 feet.
D.
Maximum entrance radius flare: 30 feet.
E.
Minimum distance between adjacent driveways, 10 feet, except for
a combined driveway serving adjacent lots.
F.
Driveway surface within street right-of-way (over compacted subgrade).
G.
Side slope: maximum, two horizontal; one vertical.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All construction shall be completed within a reasonable time
after commencement; and upon completion, the applicant shall sow grass
seed or take such other measures as may be appropriate to protect
the right-of-way. If, in the opinion of the Building Inspector, the
work is not completed within a reasonable time, said Building Inspector
shall, by written notice, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When construction is complete, the applicant shall notify the
Building Inspector that the work is ready for inspection. The inspection
will be conducted by the Building Inspector or other person authorized
by the Board of Trustees. Should the work be found unacceptable, the
applicant shall have 30 days within which to upgrade the construction
to meet the requirements of this chapter. 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 §§ 124-7 and 124-8 above shall be a lien upon the real estate served by said 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 with the Recorder of Deeds of Champaign County a notice of lien within 60 days after the cost and expense of such work is incurred. 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;
(3)
The date or dates when such cost and expense was incurred by the
municipality; and
(4)
That the Village is asserting a lien for such cost and expense pursuant
to this chapter.
B.
A copy of such notice shall be mailed by the Village Clerk to the
owner of the premises at his last known address, if his address is
known to the Clerk; otherwise, to the owner at the address of said
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
fees, as in the case of the foreclosure of statutory liens. The Village
Attorney is hereby 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 Mechanics Lien Act (770 ILCS
60/0.01 et seq.) or avail itself of any other legal remedy.
[Amended 8-2-2004 by Ord.
No. 2004-06]
The applicant shall bear the cost of furnishing all necessary
construction, labor, materials, and related items necessary to comply
with this chapter. Maintenance of the driveway and the costs thereof
shall be the responsibility of the owner of the property served by
said driveway. The maintenance of the culvert shall be the responsibility
of the owner. The owner shall at all times 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. The Village further
reserves the right to waive any of the above requirements if it is
determined by the Board of Trustees to be in the best interest of
the Village.
A.
Violation of any provisions of this chapter shall be punishable by
a fine of up to $750 per violation. In addition, the owner shall be
subject to making restitution to the Village for any costs the Village
incurs due to owner's violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition, the Village or any adjoining, affected property owner
may file suit to enjoin such owner's violation or continuing violation
of this chapter and/or for a mandatory injunction to require compliance
with this chapter.
C.
The Village may elect to prosecute any violation of this chapter
seeking any one or more or all of the foregoing sanctions.
