[Adopted 12-21-1971 as Ch. XVIII, Sec. 18-2, of the 1971
Code]
[Amended 7-15-1975 by Ord. No. G-72-75; 10-17-1978 by Ord. No. G-133-78; 8-2-1983 by Ord. No. G-230-83; 5-9-1995]
No person shall lay, repair or construct sidewalks
without first obtaining a permit from the Building Department, whose
duty it shall be to issue permits when all requirements of this article
have been met. Furthermore, no person shall cut into, reduce, disturb,
excavate or take up or cause or procure to be removed, disturbed,
excavated, cut or reduced the curb of any public street, lane, alley
or public place without first obtaining a permit from the Department
of Public Works, whose duty it shall be to issue permits when all
requirements of this article have been met. This includes the cutting,
disturbing, excavating or removing the curb or parts thereof for purposes
of extending driveways or any other purpose.
[Amended 7-15-1975 by Ord. No. G-72-75; 8-2-1983 by Ord. No. G-230-83]
Application for permission to construct sidewalks
or to make an opening in the same shall be made in writing and signed
by a properly authorized person on a form to be furnished by the department
in charge of issuing such permit. The application shall contain a
legible sketch delineating the proposed location, width and arrangement
of the drive or driveways and the property lines abutting the street
or public place for a distance of 30 feet therefrom and showing the
side lines of the property for a depth of 50 feet from the street
or public place and the position of all existing trees, utility poles,
catch basins, manholes, crossdrains, headwalls, directional and cautionary
signs and existing curbing within the area of each sketch. The sketch
referred to herein shall not be required on applications for driveways
in the areas of the Township zoned residential.
[Added 7-15-1975 by Ord. No. G-72-75; amended 8-2-1983 by Ord. No. G-230-83; 5-9-1995]
[Added 7-15-1975 by Ord. No. G-72-75]
The applicant for a permit shall, in addition
to paying the fee as provided above, deposit with the Department of
Public Works the sum of $5 for each foot of curbing to be cut or lowered
or a surety bond in double that amount, the bond to be approved as
to form and sufficiency by the Township Attorney. The amount shall
be retained by the Township for a period of six months from the date
of the permit, or from the date to which it is extended, to guarantee
the proper performance of the work done by the applicant and the maintenance
thereof in good condition by the applicant or, if the work is not
completed within six months or is abandoned, to cover the cost of
the restoration by the Township of the curbing to its original condition.
If during such period of six months the curbing cut or lowered for
driveway purposes shall settle or any street or sidewalk or other
surface over or adjacent to the opening shall require repairing because
of work done by the applicant in constructing the driveway, and the
applicant shall fail to make the required repairs within 30 days after
the service or mailing of a notice to that effect, the Township may
cause repairs to be made and the cost thereof shall be deducted from
the amount of the deposit, and if the deposit is not sufficient to
pay the cost thereof, the Township shall be entitled to collect any
additional sum from the applicant or make claim thereof and be paid
under the terms of the bond.
A.
No driveway shall be permitted where it will constitute
an unusual hazard to pedestrians or motorists and invites or compels
vehicular movement in directions or locations contrary to those for
which the street or public place is used or invites or compels illegal
traffic movements. No driveway shall be permitted which interferes
with the street or public place or its component structures or which
may interfere with normal maintenance operation or with impending
future construction. Driveways entering elevated structures or one-way
ramps are prohibited. Driveway locations for access to and from a
street or public place must be reasonable from the viewpoint of the
traveling public.
B.
Driveways at and near street and traffic intersections,
grade separations and traffic circles must be so located that traffic
entering and leaving the street or public place will not impede, confuse,
imperil or otherwise interfere with normal vehicular traffic.
(1)
Driveways must be located entirely within the frontage
of the property of the applicant. However, joint driveways with adjoining
property owners may be arranged, provided that the regulatory limit
is not exceeded by the combined driveways, and provided that written
consent of the adjoining owners is filed with the Construction Official
or joint application is made by all interested parties.
(2)
No more than one driveway shall be permitted on any
property unless a space of 20 feet or more separates the driveways.
Driveways need not be of equal width.
C.
No permit for a driveway shall be issued until the
applicant has cleared or has the legal right to clear and has arranged
for the immediate clearing of the proposed driveway area of all trees,
utility poles, fire hydrants and any and all other surface obstructions
to vehicular traffic. The cost of the clearance and arrangement shall
be borne by the applicant.
D.
Driveways shall not be narrower than eight feet both
at the property line and at the curbline nor wider than 30 feet at
the property line. At the curbline or shoulder line the width of the
driveway may be increased by use of curves at each side of the drive,
the radius not to exceed three feet, but in no instance shall the
driveway at the curb exceed 36 feet in width.
(1)
The slope of the sidewalk in the driveway area shall
not exceed one-fourth (1/4) inch per foot.
(2)
The section of the driveway located on the public
street or public area shall be covered with not less than six inches
of a suitable paving material not inferior to crushed stone or slag,
road gravel or cinders, except where it crosses an existing walk or
paved area. If crushed stone, slag, cinders or road gravel is used,
it shall be six inches in thickness as measured after compacting.
(3)
In cases where side ditches exist, pipes of a size
and material designated by the Township Engineer must be installed
beneath the drives. At each end of the pipe a masonry or concrete
headwall must be constructed. Where conditions are favorable, the
Township Engineer may permit the installation of a continuous pipe
of proper size under the safety zone and drives. Where such installation
exceeds 250 feet in length, a manhole must be constructed midway between
the ends. No installation of such pipe longer than 250 feet will be
permitted without intervening manholes.
E.
The work on any opening to be made under the permit
provided for in this article shall be commenced within 30 days from
the date of the permit and the work prosecuted with due diligence
to its completion. If for any reason work is not commenced within
30 days, the permit shall be void unless within such time the applicant
shall present the permit to the Construction Official for reissue
without additional charge.
F.
A base course of ungraded road stone four inches in
compacted thickness shall be placed and tamped with suitable mechanical
equipment and thereon shall be constructed concrete sidewalk. The
sidewalk shall be of Class B concrete (state highway specifications),
five inches in thickness, six inches in driveway, four feet in width,
with a clean construction joint at four-foot intervals or as directed
by the Superintendent.
[Added 7-15-1975 by Ord. No. G-72-75]
[Added 2-5-1980 by Ord. No. G-175-80]
No person shall construct or reconstruct curbing
on any public street in the Township of Hillside. The Township Council
may construct new curbing on a public street wholly at the cost of
the owner or owners of the real estate in front of which the curbing
is made. Said cost shall be by assessment. The Township Council may
repair or reconstruct existing curbing, either by imposing the cost
thereof on the owner or owners of the real estate in front of which
the improvement is made or at the general expenses, at the option
of the Township Council.
