Municipal Code

Chapter 140 – Driveways

Regulations governing the construction and repair of driveways within the public right-of-way, including permit requirements, fees, construction standards, excavations, and inspection and approval procedures.

Chapter 140

Driveways

140.01 DEFINITIONS.

For use in this chapter, the following terms are defined:

1. "Driveway" means that part of any approach for motor vehicles to private property that lies between the property line and the roadway of the public street, often referred to as "right-of-way."

2. "Paving" includes any kind of hard surfacing, including, but not limited to, portland cement concrete, bituminous concrete, brick or combinations of such materials, with the necessary base. Paving does not include surfacing with oil, gravel, oil and gravel, or chloride treatment.

140.02 PERMIT.

Before any person shall construct or repair a driveway, said person shall obtain a written building permit from the Clerk. The permit application shall be directed to the Zoning Administrator. The application shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work and the proposed plan of construction or repair, which shall include the depth, width and type of surfacing material to be used. No other plan shall be followed except by written permission of the Zoning Administrator, who may allow amendments to the application or permit that do not conflict with this chapter. The permit shall be approved, indicating the date of issuance, if the proposed plan meets all of the requirements of this chapter, if the fee required under this chapter has been paid, and if the construction or repair as planned will not create any substantial hazard in the use of the street or sidewalk for public travel or drainage, or create any defect. Each permit shall expire six (6) months after the date of issuance, if the driveway is not constructed within that time.

140.03 FEE FOR PERMIT.

Before any permit is issued, the applicant shall pay to the Clerk a permit fee of twenty-five dollars ($25.00). Upon request, the applicant shall be issued a receipt therefor. There shall be no fee for driveways if constructed with new construction.

140.04 DRIVEWAY REQUIREMENTS.

All newly constructed driveways shall be of paving of a depth of not less than six (6) inches and shall be at least ten (10) feet in width or include a 20-foot opening into a paved street. The driveway may be placed directly on a compact and well-drained soil. Where the soil is not well drained, a four-inch sub-base of compact, clean, coarse gravel, sand or cinders shall be laid. The driveway shall not slope less than one-fourth inch per foot toward the roadway. The maximum driveway width at the curb line shall be twenty-five (25) feet, unless the Council approves a greater width.

140.05 SIDEWALKS.

The grade of any sidewalk shall not be altered by the work done. The driveway shall be at the same level as any existing sidewalk.

140.06 EXCAVATIONS.

Excavations to do work under this chapter shall be dug so as to occasion the least possible inconvenience to the public and to provide for the passage of water along the gutter by grinding the curb to the satisfaction of the City or pouring concrete at least 18 inches past the curb line into the street and pinning it to the existing concrete. All such excavations shall have proper barricades at all times, and warning lights placed from one-half hour before sunset to one-half hour after sunrise. In refilling the excavation, the earth must be laid in layers and each layer tamped thoroughly. Any street, sidewalk or other public property that is affected by the work shall be restored to as good a condition as it was previous to the excavation. The affected area shall be maintained in good repair to the satisfaction of the Council for three (3) months after refilling. (Ord. 369 – July 15 Supp.)

140.07 REVOCATION OF PERMIT.

The Clerk may at any time revoke a permit for any violation of this chapter and may require that the work be stopped.

140.08 INSPECTION AND APPROVAL.

The driveway must be inspected and approved in writing by the Zoning Administrator within five (5) business days of notification of completion of the work. A record of approved permits shall be maintained in the office of the Clerk. If approval is refused, the work shall be corrected immediately until all sections of this chapter are complied with. If the work has not been properly completed, the City shall have the right to finish or correct work and the Council shall assess the costs to the property owner. Such assessment shall be collected with the general property taxes and in the same manner.