An ordinance regulating the construction of driveways so as
to eliminate traffic hazards and guard against inconvenience to the
public.
(Ord. No. 170, March 22,
1973; Sec. 15-2.1, R.C.O. 1976; Sec. 15-2.1, 1978 Cumulative Supplement)
When used in this Article the following words or phrases shall
have the meaning given in this Section unless it shall be apparent
from the context that a different meaning is intended:
means a driveway no longer used for egress and ingress purposes
by motor vehicles.
means the County Engineer, Department of Public Works of
the County of Kaua'i.
means the raised border of concrete, stone, or similar materials
along the edge of the pavement of a street.
means an area, construction or facility between the pavement
of a street and any abutting property which is used by motor vehicles
for purposes of ingress and egress.
means any person holding a title to any private property
adjoining any street in the County or lessee thereof holding under
a recorded lease.
means the entire width between boundary lines of every way
publicly maintained when any part thereof is open to use of the public
for purposes of vehicular travel.
(Ord. No. 170, March 22,
1973; Sec. 15-2.2, R.C.O. 1976; Sec. 15-2.2, 1978 Cumulative Supplement)
(a)
No
person shall construct, build, or repair any driveway approach, or
cut or lower any curb for any purpose in the County without first
obtaining a written permit therefor from the County Engineer.
(b)
The
costs of driveway approaches shall be at the builder's expense.
(Res. No. 57, June 15,
1971; Res. No. 179, May 2, 1972; Ord. No. 170, March 22, 1973; Sec. 15-2.3,
R.C.O. 1976; Sec. 15-2.3, 1978 Cumulative Supplement)
(a)
Application
for a permit to construct, build or repair a driveway approach, or
to cut or lower any curb, shall be on forms furnished by the County
Engineer.
(b)
If
the plans submitted with the application comply with the provisions
of this Article, the County Engineer shall issue a permit therefor.
(Ord. No. 170, March 22,
1973; Sec. 15-2.4, R.C.O. 1976; Sec. 15-2.4, 1978 Cumulative Supplement)
(a)
Every
permit issued under the provisions of this Article shall be valid
for one (1) year from the date of issuance of the permit, provided,
the County Engineer may extend, in writing, the permit for the period
of time not to exceed thirty (30) days for good cause shown, upon
application by the permit holder prior to the expiration date of the
permit. The application shall be on forms furnished by the County
Engineer.
(b)
Upon
expiration of a permit, no work shall be commenced or continued unless
a new permit is first obtained.
(Ord. No. 170, March 22,
1973; Sec. 15-2.5, R.C.O. 1976; Sec. 15-2.5, 1978 Cumulative Supplement)
The County Engineer may suspend or revoke a permit issued under
the provisions of this Article whenever the permit is issued in error,
or on the basis of incorrect information supplied or in violation
of the law.
(Ord. No. 170, March 22,
1973; Sec. 15-2.6, R.C.O. 1976; Sec. 15-2.6, 1978 Cumulative Supplement)
(a)
Driveway
approaches shall be constructed as specified in the "Standard
Details For Public Works Construction" dated September 1984,
and as may be amended from time to time. Driveway approaches can be
constructed of asphalt concrete material or Portland concrete material.
(b)
Residential
Driveway Approaches.
(1)
A minimum of four (4) inch base course and two (2) inch asphaltic
concrete wearing surface shall be provided for asphalt concrete approaches
and a minimum thickness of four (4) inches shall be provided for concrete
approaches. When concrete driveway approaches are constructed, expansion
joints shall be provided along the property line.
(2)
Driveway approaches shall be normally limited to one (1) per residential
lot and shall be of standard design; provided additional approaches
may be permitted when in the discretion of the County Engineer, the
additional approaches will not interfere with traffic control, traffic
safety or the availability of street parking.
(3)
Design of standard approaches shall have a minimum width of nine
(9) feet at the property line flaring out to twenty-nine (29) feet
at the edge of pavement.
(4)
A driveway approach serving a double car garage or two (2) or more
residences shall not exceed twenty (20) feet in width at the road
boundary and from the road boundary shall be flared out on both sides
so that at its intersection with the public street or road the driveway
width shall not exceed forty (40) feet.
(5)
Where concrete curbing, driveway approaches and concrete sidewalks
have been constructed, a driveway approach shall not exceed twenty
(20) feet in width at the curb lines.
(c)
Commercial
Driveway Approaches.
(1)
A minimum of four (4) inch base course and two (2) inch asphaltic
concrete wearing surface shall be provided for asphalt concrete approaches
and a minimum thickness of six (6) inches shall be provided for concrete
approaches. When concrete driveway approaches are constructed, expansion
joints shall be provided along the property line.
(2)
The minimum driveway width shall be fourteen (14) feet for one-way
traffic and twenty-four (24) feet for two-way traffic. The maximum
width shall be thirty-five (35) feet.
(3)
When more than one (1) driveway is to serve a given property frontage
the total width of driveways shall not exceed sixty percent (60%)
of the frontage where such a frontage is one hundred (100) feet or
less. When the frontage is more than one hundred (100) feet, the total
driveway width shall not exceed fifty percent (50%) of the frontage.
The maximum width of individual driveways shall not exceed thirty-five
(35) feet.
(4)
When more than one (1) driveway is necessary to serve any commercial
property, not less than twenty (20) feet of full height curb shall
be provided between driveways. This distance between driveways shall
also apply where curbs and gutters are not to be placed.
(Ord. No. 170, March 22,
1973; Sec. 15-2.7, R.C.O. 1976; Sec. 15-2.7, 1978 Cumulative Supplement)
(a)
Upon
completion of the work authorized under any permit, the permit holder
shall notify the County Engineer for final inspection.
(b)
The
County Engineer, upon receipt of notice of completion, shall inspect
the driveway and if it conforms to the requirements prescribed in
this Article, shall indicate his or her approval thereof.
(c)
The
County Engineer shall keep a complete record of all applications made,
or permits issued and of approvals given to completed work.
(Ord. No. 170, March 22,
1973; Sec. 15-2.8, R.C.O. 1976; Sec. 15-2.8, 1978 Cumulative Supplement)
All plans submitted to the Division of Buildings for approval,
which include or involve any driveway, shall be referred by the Division
of Buildings to the County Engineer for his or her approval as to
the driveway prior to issuance of a building permit. However, the
approval shall not in any way be construed to eliminate the necessity
of obtaining a permit prior to the commencement of any work on the
driveway.
(Ord. No. 170, March 22,
1973; Sec. 15-2.9, R.C.O. 1976; Sec. 15-2.9, 1978 Cumulative Supplement)
Any person convicted of violating any provision of this Article
shall be punished by a fine not exceeding one hundred dollars ($100.00)
for each offense. A separate offense is committed upon each day during
or on which a violation occurs or continues.
(Ord. No. 170, March 22,
1973; Sec. 15-2.10, R.C.O. 1976; Sec. 15-2.10, 1978 Cumulative Supplement)
