[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 6, Ch. 3, of the 2005 Village Code. Amendments noted where applicable.]
For the safety of the general public, the Village shall determine the location, size, construction and number of access points to public roadways within the Village limits. It is the Village's intent to provide safe access to properties abutting public roadways suitable for the property to be developed to its highest and best use, provided that access is not deficient or dangerous to the general public.
No person, firm or corporation shall construct, reconstruct, alter or enlarge any private driveway within the limits of the dedicated portion of any public street under the control and jurisdiction of the Village of Argyle without first obtaining a driveway permit therefor as provided by this chapter. A driveway permit is not required when a new driveway is to be constructed in conjunction with the construction of a new principal structure; the driveway is included in the building permit process in such cases. The fee for driveway permits shall be as prescribed from time to time by resolution of the Village Board.
Application for such permit shall be made to the Clerk-Treasurer or Director of Public Works on a form provided by the Village and shall be accompanied by a drawing accurately depicting the portion of the proposed private driveway to be constructed, reconstructed, altered or enlarged lying within the dedicated portion of the public street, the dimensions thereof, and a statement of the materials proposed to be used. Upon receipt of the application and the fee, if required, unless the proposed private driveway is a part of construction for a building or other structure for which a building permit has been applied for, in which case no additional fee is required, the Clerk-Treasurer or Director of Public Works shall approve such application if the proposed driveway complies with the terms and conditions of this and any other applicable Village ordinance.
All driveway permit applications shall contain the applicant's statement that:
The applicant represents all parties in interest, and that such proposed driveway is for the bona fide purpose of securing access to his/her property and not for the purpose of parking or servicing vehicles, advertising, storage or merchandising of goods within the dedicated portion of the Village street, or for any other purpose.
The Village, notwithstanding the construction of such driveway, reserves the right to make any changes, additions, repairs or relocations within the dedicated portion of the Village street at any time, including relocation, reconstruction, widening and maintaining the street, without compensating the owner of such private driveway for the damage or destruction of such private roadway.
The permittee, his/her successors or assigns, agrees to indemnify and hold harmless the Village of Argyle, its officials, officers, agents or employees against any claim or any cause of action for personal injury or property damage sustained by reason of the exercise of such permit.
The Village does not assume any responsibility for the removal or clearance of snow, ice or sleet or the opening of any windrows of such material upon such portion of such driveway within the dedicated portion of the Village street.
The location, design and construction of driveways shall be in accordance with the following:
General design. Private driveways shall be of such width and so located that all of such driveways and their appurtenances are within the limits of the frontage abutting the street of the property served. Driveways shall not provide direct ingress or egress to or from any street intersection area and shall not encroach upon or occupy areas of the street right-of-way required for effective traffic control or for street signs or signals. A driveway shall be so located and constructed that vehicles approaching or using it shall have adequate sight distance along the street. Driveway approaches shall be at least 10 feet apart except by special permission from the Village Board, and driveways shall in all cases be placed wherever possible as not to interfere with utilities in place.
Number. The number of driveways to serve an individual property fronting on a street shall be one, except where deemed necessary and feasible by the Village Board for reasonable and adequate service to the property, considering the safety, convenience and utility of the street.
Island area. The island area in the street right-of-way between successive driveways or adjoining a driveway and between the highway shoulder and right-of-way shall constitute a restricted area and may be filled in and graded only as provided in Subsection F.
Drainage. The surface of the driveway connecting with rural-type street cross sections shall slope downward and away from the highway shoulder a sufficient distance to preclude ordinary surface water drainage flowing onto the street roadbed.
Reconstruction of sidewalks and curb and gutter. When the construction of a driveway requires the removal of a curb or gutter, the new connections shall be of equivalent acceptable material and curb returns shall be provided or restored in a neat, workmanlike manner. The driveway surface shall be connected with the highway pavement and the sidewalk, if any, in a neat, workmanlike manner. The driveway apron from the street and/or curb to the outer edge of the adjacent sidewalk (or where a sidewalk would typically be constructed) shall be paved. The driveway construction shall include the replacement of such sidewalk areas which are inadequate or which are or may be damaged by means of vehicle travel across the sidewalk. Reconstructed or new sidewalks across driveways shall meet the construction standards of § 568-5 of this Code.
Restricted areas. The restricted area between successive driveways may be filled in and graded only when the following requirements are complied with:
The filling or draining shall be to grades approved by the Village and, except where highway drainage is by means of curb and gutter, water drainage of the area shall be directed away from the street roadbed in a suitable manner.
Culvert extensions under the restricted area shall be of the same size and of equivalent acceptable material as the culvert under the driveway. Intermediate manholes adequate for cleanout purposes may be required where the total culvert length is excessive.
Where no street side ditch separates the restricted area from the street roadbed, permanent provision may be required to separate the area from the street roadbed to prevent its use for driveway or parking purposes by construction of a border, curb, rail or posts as may be required by the Village Board.
Relocation of utilities. Any costs of relocating public utilities shall be the responsibility of the property owner with approval of the Village Board or authorized committee thereof necessary before any utility may be relocated and the driveway installed.
Construction across sidewalks. All driveway entrances and approaches which are constructed across sidewalks shall be of concrete constructed in accordance with the requirements for sidewalk construction in § 568-5 of this Code insofar as such requirements are applicable, including thickness requirements.
Variances. Any of the above requirements may be varied by the Village Board in such instances where the peculiar nature of the property or the design of the street may make the rigid adherence to the above requirements impossible or impractical.
The following regulations are applicable to driveways serving commercial or industrial establishments:
Width of drive. No part of a private driveway located within the dedicated area of a public street shall, except as hereinafter provided, have a width greater than 26 feet measured at the outer or street edge of the sidewalk. In instances where the nature of the commercial or industrial activity or the physical characteristics of the land would require a driveway of greater width than herein specified, the Village Board in its discretion may permit a driveway of additional width.
Angular placement of driveway. The angle between the center line of the driveway and the curbline shall not be less than 45°.
Island areas. Where the public sidewalk is adjacent to the curb, an island of a minimum length of six feet measured along the curbline shall be placed between each entrance to a Village street. The curb shall be left intact for the length of this island. Where the public sidewalk is remote from the curb, an island of a minimum length of 10 feet measured along the right-of-way line shall be maintained along each entrance to the Village street. All flares shall be tangent to the curbline. A curb length of not less than three feet shall be left undisturbed adjacent to each property line to serve as an island area in the event an adjoining property owner applies for a driveway permit to serve his/her property.
The following regulations are applicable to driveways serving residential property:
Width of driveways. Openings for vehicular ingress and egress shall be at least 10 feet wide at the property line for residential properties but shall not exceed 26 feet at the property line and 35 feet at the curb opening.
Angular placement. The center line of the drive may be parallel to the property line of the lot where access is required or at right angles to the curbline.
Any person feeling himself/herself aggrieved by the refusal of the Clerk-Treasurer or Director of Public Works to issue a permit for a private driveway may appeal such refusal to the Village Board within 20 days after such refusal to issue such permit is made.
No person, firm or corporation shall place, construct, locate in, or cause to be placed, constructed or located in, any obstruction or structure within the limits of any public road, highway or street in the Village of Argyle except as permitted by this section. As used herein, the word "structure" includes private driveways, a portion of which extend into any public road, highway or street, and which are in nonconformance with this chapter.
No driveway shall be closer than 10 feet to the extended street line at an intersection. At street intersections, a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Village for effective traffic control or for highway signs or signals.
The grade of that portion of any private driveway or pedestrian path located within the limits of any public road, highway or street shall be such as shall meet the grade of the existing public roadway in a downward manner at its edge and not cause an obstruction to the maintenance or clearing of such public roadway. Whenever possible, the driveway area located within the right-of-way area shall consist of at least four feet of flat surface area from the pavement edge.
No driveway apron shall extend out into the street further than the facing of the curb, and under no circumstances shall such driveway apron extend into any gutter area. All driveway entrances and approaches shall be constructed as not to interfere with the drainage of streets, side ditches or roadside areas, or with any existing structure on the right-of-way.
No portion of any curb, parapet or retaining wall rising above the grade of the driveway, erected by the owner of the premises involved, shall extend beyond the culvert spanning the watercourse located in such public way.
Culvert requirement. The Village Board may require the property owner to provide for adequate surface water drainage along the street, and the property owner shall provide any necessary culvert pipe at his/her expense.
No person shall lay, remove, replace or repair any culvert within the Village of Argyle unless he/she is under contract with the Village to do such work or has obtained a permit therefor from the Director of Public Works at least three days before work is undertaken. The Director of Public Works shall determine the diameter of the culvert to be installed which shall not be less than 12 inches and shall approve of the laying of said culvert so as to provide proper drainage. The fee for such permit shall be as prescribed from time to time by resolution of the Village Board.
No person (not under contract to the Village of Argyle) shall lay, remove, replace or repair any culvert until a permit has been obtained from the Director of Public Works at least three days before work is undertaken. The Director of Public Works shall view the site for installation of the culvert and determine the position and diameter of the culvert necessary to provide adequate drainage.
Existing driveway situations. The owner of a driveway existing at the time this section originally became effective may be required to install a culvert if such existing driveway shall impede the flow of surface waters. The Director of Public Works shall advise the Village Board of any driveway which intersects with a public street that impedes the flow of surface water, and the Village Board shall order the owner thereof to install a proper culvert as directed by the Director of Public Works. The cost of such installation shall be borne by the owner. If the owner refuses or neglects to install a culvert, the Village shall, after notice to the owner, proceed to make such installation and charge the cost therefor to the owner. If such costs are not paid by November 1, the Village Clerk-Treasurer shall place the charges on the tax roll in the same manner as a special assessment to be collected with real estate taxes.
Size. Culverts shall be installed prior to construction work being commenced on the property served. No pipe smaller than 12 inches in diameter (or equivalent elliptical or arch pipe) will be allowed. All culverts shall be constructed of galvanized steel or reinforced concrete and shall be made of new manufacture, unless specifically excepted by the Director of Public Works or Village Engineer in the case of quality used culverts. PVC plastic culverts may only be used if a ditch is 12 inches or less in depth.
Drainage. The culverts shall be placed in the ditchline at elevations that will assure proper drainage.
Endwalls. Culverts shall be provided with earthen, concrete or metal apron endwalls, as directed by the Village Engineer or Director of Public Works.
Backfill material. Material used for backfill shall be of quantity acceptable to the Village Engineer or Director of Public Works and shall be free from frozen lumps, wood or other extraneous or perishable materials. The minimum cover, measured from the top of the pipe to the top of the subgrade, shall be six inches.
Erosion control. Erosion control measures shall be implemented as necessary to control erosion or as directed by the Village Engineer or Director of Public Works.
Distance. The distance between culverts under successive driveways shall not be less than 10 feet, except as such restricted area is permitted to be filled pursuant to § 250-5F.
Cost. The property owner shall install the culvert and be responsible for the cost thereof. The property owner shall keep his/her culverts unobstructed and clean.
Appeal. Persons may request a variance from the culvert requirements of this section by filing a written appeals request with the Village Clerk-Treasurer, who shall place the matter as an agenda item for the Village Board's next meeting. The Village Board may only waive the requirement for a culvert upon a finding that unique physical characteristics of the location in question render a culvert unnecessary. The Village Engineer or Director of Public Works may be asked to render an opinion on the request.