Village of Sidney, IL
Champaign County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the President and Board of Trustees of the Village of Sidney 10-7-1985 by Ord. No. 102. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 205.
Subdivision of land — See Ch. 210.
Zoning — See Ch. 250.
A. 
No person shall hereafter construct, build, establish, replace or maintain a driveway or driveway culvert pipe in a street right-of-way maintained by the Village of Sidney without first obtaining a permit to do so, as hereinafter provided. Residents may obtain the application and permit for driveway and/or culvert construction or replacement forms from the Village Building Inspector or his authorized deputy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
No work shall be undertaken on a Village right-of-way until the approved permit has been received by the applicant.
A. 
The application for a permit shall include the location and a brief description of the proposed work and the intended use of the driveway and be accompanied by plans, drawings, or a sketch. The application must also include the name, address, and phone number of the applicant and the owner of record of property served by the entrance.
B. 
Completed applications shall be submitted in duplicate to the Village Building Inspector or his authorized deputy. Upon review of the permit application by the Building Inspector, he shall determine whether the proposed construction conforms to the requirements of this chapter. If it does, the Building Inspector or his authorized deputy will issue the permit for construction. If the proposed construction does not conform to the requirements of this chapter, the Building Inspector shall deny issuance of the permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
If approval is denied, the applicant may appeal to the Village Board of Trustees for an override of the decision rendered by the Building Inspector. The Village Board may vary or adapt the strict application of any of the requirements of this chapter where the strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A driveway and/or driveway culvert constructed under a permit must be done by or for the property owner at his expense. Where a commercial driveway requires additions to the roadway facility, these must also be done at the owner's expense. Existing driveways may be altered by the Village, at its expense, when reconstruction or changing conditions warrant.
Property owners having access to a Village right-of-way are fully responsible for the maintenance of their driveway. This maintenance responsibility includes the removal of snow and ice and keeping the portion of the driveway within the Village right-of-way in a safe condition for the general public.
A. 
Driveways must be constructed so that they do not adversely affect the street drainage or drainage of the adjacent property. The drainage and the stability of the subgrade must not be impaired by driveway construction or roadside development. In no case may the construction of a driveway cause water to flow across the street pavement, or to pond on the shoulders or in the ditch, or result in erosion within the right-of-way.
B. 
Drainage collected by ditches, gutters, or pipes on private property shall not be discharged into the street drainage system unless expressly approved by the Village. The permittee may be required to submit a drainage study to the Village justifying the drainage system proposed and the pipe or sewer sizes to be used. Natural drainage laws and practices must be observed.
C. 
Where the construction of a driveway necessitates crossing a roadway ditch, a culvert pipe shall be installed in the ditch by the permittee. The low point of the driveway profile shall be at or close to the ditch line. Under no circumstances will existing ditches or gutters be filled without adequate alternate provisions for drainage being made.
D. 
Culvert pipe shall be of a size adequate to carry the anticipated flow in the ditch and shall not be smaller than 10 inches' inside diameter.
[Amended 12-4-2000 by Ord. No. 2000-14]
E. 
The structural material and gauge of the driveway culvert pipe shall be adequate to withstand loads from the anticipated vehicular traffic across the driveway.
F. 
The culvert shall meet the requirements of the Illinois Standard Specifications for Road and Bridge Construction.
G. 
The length of the culvert may be determined as the sum of the width of the driveway (surfaced width and shoulder) at the ditch line and the length needed to accommodate a side slope of at least two horizontal to one vertical from the driveway grade to the ditch, with a minimum length of 24 feet regardless of ditch depth.
H. 
The 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.
I. 
There shall be a minimum of six inches of cover, including the driveway surface, over the culvert pipe.
J. 
Culvert piping materials must be of one of the following:
(1) 
Galvanized, corrugated steel culvert pipe; minimum gauge, 16.
(2) 
Precoated galvanized corrugated steel culvert pipe.
(3) 
Reinforced concrete culvert pipe, storm drain, and sewer.
(4) 
Polyethylene (PE) pipe having a corrugated exterior and a smooth interior, in accordance with AASHTO M294, Type S, and Article 1040 of the current IDOT Standard Specifications, as amended.
[Added 12-4-2000 by Ord. No. 2000-14; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All driveways hereafter constructed, replaced, established or maintained shall conform with the following:
A. 
Minimum width.
(1) 
Residential zoned property: 12 feet.
(2) 
Commercial, industrial or agricultural zoned property:
(a) 
One-way traffic: 15 feet.
(b) 
Two-way traffic: 24 feet.
B. 
Maximum width.
(1) 
Residential:
(a) 
Single driveway: 24 feet.
(b) 
Combined driveway to serve adjacent lots: 26 feet.
(2) 
Commercial, industrial or agricultural: 35 feet.
C. 
Minimum entrance radius flare: 10 feet.
D. 
Maximum entrance radius flare: 30 feet.
E. 
Minimum distance between adjacent driveways, 10 feet, except for a combined driveway serving adjacent lots.
F. 
Driveway surface within street right-of-way (over compacted subgrade).
(1) 
Crushed stone: minimum thickness, six inches.
(2) 
Portland cement concrete: minimum thickness, six inches.
(3) 
Bituminous concrete: no required minimum thickness of bituminous concrete surface, but it must be constructed over a compacted crushed stone base not less than six inches in thickness.
G. 
Side slope: maximum, two horizontal; one vertical.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All construction shall be completed within a reasonable time after commencement; and upon completion, the applicant shall sow grass seed or take such other measures as may be appropriate to protect the right-of-way. If, in the opinion of the Building Inspector, the work is not completed within a reasonable time, said Building Inspector shall, by written notice, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
When construction is complete, the applicant shall notify the Building Inspector that the work is ready for inspection. The inspection will be conducted by the Building Inspector or other person authorized by the Board of Trustees. Should the work be found unacceptable, the applicant shall have 30 days within which to upgrade the construction to meet the requirements of this chapter. 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 §§ 124-7 and 124-8 above shall be a lien upon the real estate served by said 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 with the Recorder of Deeds of Champaign County a notice of lien within 60 days after the cost and expense of such work is incurred. 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;
(3) 
The date or dates when such cost and expense was incurred by the municipality; and
(4) 
That the Village is asserting a lien for such cost and expense pursuant to this chapter.
B. 
A copy of such notice shall be mailed by the Village Clerk to the owner of the premises at his last known address, if his address is known to the Clerk; otherwise, to the owner at the address of said 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 fees, as in the case of the foreclosure of statutory liens. The Village Attorney is hereby 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.
D. 
In addition to the above lien, the Village may file a lien and proceed against the property served by the driveway in accordance with and under the provisions of the Illinois Mechanics Lien Act (770 ILCS 60/0.01 et seq.) or avail itself of any other legal remedy.
[Amended 8-2-2004 by Ord. No. 2004-06]
The applicant shall bear the cost of furnishing all necessary construction, labor, materials, and related items necessary to comply with this chapter. Maintenance of the driveway and the costs thereof shall be the responsibility of the owner of the property served by said driveway. The maintenance of the culvert shall be the responsibility of the owner. The owner shall at all times 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. The Village further reserves the right to waive any of the above requirements if it is determined by the Board of Trustees to be in the best interest of the Village.
A. 
Violation of any provisions of this chapter shall be punishable by a fine of up to $750 per violation. In addition, the owner shall be subject to making restitution to the Village for any costs the Village incurs due to owner's violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition, the Village or any adjoining, affected property owner may file suit to enjoin such owner's violation or continuing violation of this chapter and/or for a mandatory injunction to require compliance with this chapter.
C. 
The Village may elect to prosecute any violation of this chapter seeking any one or more or all of the foregoing sanctions.