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:
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.
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.
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.
