HomeMy WebLinkAboutOrdinances - MC-99-749 - 12/13/1999 - Ch 4 liquor license classificationsORDINANCE NO. MC-99-748
AN ORDINANCE AMENDING CHAPTER. 21,
ARTICLE III OF THE MCHENRY MUNICIPAL_ CODE
WHEREAS, the City of McHenry desires to modify the existing regulations for
driveway construction in the City in order to provide clarification and consistency in said
regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the CITY
OF MCHENRY, McHenry County, Illinois as follows:
SECTION 1: That Article III, entitled, "Driveways," of Chapter 21, entitled,
"Streets and Sidewalks," of the McHenry Municipal Code shall be, and it hereby is
amended in its entirety and shall hereinafter be and read as follows:
ARTICLE III. DRIVEWAYS
Sec.21-52. Definitions.
For the purposes of this Article, the following terms shall have the meaning given
herein.
Approach means that portion of the driveway between the street pavement or
curb and the outside edge of the sidewalk, or property line.
Driveway means the paved area providing vehicular access from a street to an
open or enclosed parking area.
Easement means a strip of privately -owned land occupied or intended to be
occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas
pipeline, water main, sanitary sewer main, shade trees, or for any other special use.
Flare means the difference in width of a driveway approach at the outer edge of
the sidewalk or the property line if no sidewalk, and the street pavement or curb.
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Parkway means a strip of land within the right-of-way between the street
pavement or curb and the outside edge of the sidewalk, or property line
Right-of-way means a strip of publicly -owned land occupied or intended to be
occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas
pipeline, water main, sanitary sewer main, shade trees, or for any other special use.
Sec. 21-53. Permit required.
No person shall hereafter construct., build, or expand (any driveway without first
having obtained a permit to do so from the City. No such permit shall be issued except
in accordance with the provisions of this Article.
Sec. 21-54. Permit application.
Application for a driveway permit must be made in writing upon forms furnished
by the City. Said application shall contain the name and address of the person making
the application, the name of the contractor or person who is to construct said driveway,
the proposed location and dimensions of such driveway, specifications for the
construction of such driveway, and any other such information as may be required by
the City.
Sec. 21-55. Insurance required.
Before issuance of any driveway permit the contractor shall file with the City
Clerk a certificate of public liability insurance coverage, in an amount as may be
specified from time to time by the City, conditioned that the insurer shall save nameless,
defend and indemnify the City against or on account of accidents, damages or claims
rising out of or during the construction of any driveway laid by the said contractor.
Sec. 21-56. Permit fee.
Before a permit is issued for any driveway construction, the contractor or owner
shall pay to the City Clerk a permit fee of ten dollars ($10.00).
Sec. 21-57. Cash deposit.
In addition to the permit fee, the contractor or owner shall deposit with the City
Clerk for each new driveway to be constructed cash in the amount one -thousand, five
hundred dollars ($1,500). The City may deduct from this cash deposit the cost of repair
or replacement for any damage done to the public right-of-way by the contractor or
owner in prosecution of the work for which permit has been issued, if after 10 days
notice, the contractor or owner fails to repair or replace that portion of the damaged
right-of-way. Such deposit, or the balance thereof in the event of deduction for damage
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to the public right-of-way, shall be returned to the contractor or owner upon inspection
and approval of the work by the City.
Sec. 21-58. Supervision; Inspections.
All such work performed within the right-of-way shall be done under the
jurisdiction of the Director of Public Wc,ics and in accordance with the ordinances of the
City. Inspections by the City shall be required prior to paving and upon completion.
Sec.21-59. Specifications.
All driveway plans and specifications must conform to the following minimum
requirements before a permit for the construction of any driveway will be issued:
(a) General specifications. The following general specifications are applicable
to all driveway construction.
(1) That portion of any driveway that will occupy the space reserved for
sidewalks shall be constructed in accordance with the standards
and specifications for sidewalks specified in the Subdivision Control
Ordinance. The grade of such sidewalk portion shall be established
by the Director of Public Works.
(2) Where a driveway is constructed across an existing sidewalk, said
sidewalk shall be removed and replaced with Portland Cement
Concrete for the full width of the driveway and for a distance of at
least 12 inches on both sides of the driveway. This portion of
sidewalk shall be constructed in accordance with the standards and
specifications for sidewalks specified in the Subdivision Control
Ordinance.
(3) All driveways shall be graded between the gutter and the sidewalk
so that it will not be necessary to change: the established grade of
either and will not elevate or depress any portion of either. No part
of said driveway shall extend beyond the back of the curb. Where
elevations or depressions are necessary in the parkway strip
between the curb and walk, said parkway shall be created on both
sides of the driveway to a distance sufficient to create a gradual
ascent or descent.
(4) Combined curb and gutter and separate curbing shall be removed
entirely for the full width of the driveway opening at the curb line or
may be saw cut where the cutting method has been previously
approved by the Director of Public Works. If an existing joint in the
curb is within five (5) feet of the end of the driveway opening, the
existing curbing, etc., to said joint shall be removed, otherwise said
combined curb and gutter or separate curbing shall be cut, making
a neat edge truly at right angles to the edge of the pavement and
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truly vertical. Integral curbing, which is that type placed with the
pavement and molded as an integral part of it, must be removed for
the full depth of the top of the curb to the bottom of the pavement or
may be saw cut where the cutting method has been previously
approved by the Director of Public Works. The edges must be cut
as above described. No combined curb and gutter, straight curb or
integral curb shall be removed within five (5) feet of a public
sidewalk.
(5) Where driveways cross open ditches in the parkways, culverts shall
be installed. Said culvert shall be of such size and shall be
constructed of such material as determined by the Director of
Public Works, depending on the existing conditions. In no instance
shall the size of opening be less than that obtained by a 12-inch
diameter pipe. The length of culvert shall be determined by the
following method: For ditch depth of two (2) feet or less, the culvert
shall not extend less than five (5) feet beyond both edges of the
driveway where it crosses the ditch. For each additional foot depth
of ditch, add two (2) feet to the above figure, except that no culvert
shall be less than 20 feet long and except that where headwalls are
constructed at the ends of the culvert, the length shall be as
determined by the Director of Public Works.
(6) Where an existing catch basin is in the area of the proposed
driveway, the frame and grate shall be removed and replaced with
a type frame and grate specified in the Subdivision Control
Ordinance.
(7) All driveways constructed over, across or upon any public street or
public parkway in the City shall be kept and maintained at all times
in accordance with the provisions herein. Any contractor or owner
constructing or repairing a driveway shall maintain suitable
barricades to prevent injury to persons or vehicles throughout the
course of construction.
(b) Non-residential driveways. In addition to the requirements of Section 21-
59 (a), the following specifications are applicable to all non-residential
driveway construction.
(1) Driveways for non-residential uses shall be constructed having a
concrete or asphalt surface.
i) Portland Cement Concrete shall be at least six (6) inches
thick, with an ultimate minimum compressive strength of
4,000 p.s.i., and shall have a base of compacted crushed
stone at least four (4) inches thick.
ii) The asphalt in asphalt surfaced driveways shall be at least
four (4) inches thick without any loose material on top, and
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shall have a base of compacted crashed stone at least four
(4) inches thick.
(2) A driveway approach shall be constructed entirely of Portland
Cement Concrete at least 6 inches thick with a base of compacted
crushed stone at least 4 inches thick. Wire: mesh or re -bar shall not
be permitted. A one-half inch bituminous pre -molded expansion
joint with low transmission unit shall be placed between the edge of
such pavement or curb and the approach and also between the
approach and sidewalk.
(3) Expansions of existing driveways shall be surfaced with the same
material as the original driveway.
(4) The width of driveways for non-residential uses shall not exceed 12
feet per lane of traffic, up to a maximum of 36 feet, measured at the
outer or street edge of the sidewalk. The width of the driveway
opening at the curb line shall not exceed the width of the driveway
at the inner or property edge, plus 50 feet, nor be less than the
width of the driveway at the inner or property edge of the sidewalk,
plus 25 feet. In no instance shall the radius be less than ten (10)
feet at the curb corners and this only when the driveway is flared.
In no instance shall the radius be more than 25 feet when the
driveway is at right angles to the street line.
(5) The center line of a driveway must be approximately at right angles
to the curb line or edge of pavement in the public street, for a
distance of at least 10 feet from said curb (line or pavement edge.
(6) Only one (1) driveway shall be permitted, however, a single parcel
or contiguous parcels under the same ownership having at least
100 feet of frontage on any one street, measured in a straight line
from side lot line to side lot line at the front building line, may have
a second driveway. Where two (2) driveways are provided for the
same property, a separation of not less than 10 feet at the outer or
street side of the sidewalk shall be provided.
(c) Residential driveways. In addition to the requirements of Section 21-
59.(a), the following specifications are applicable to all residential driveway
construction.
(1) Driveways for residential uses shall be constructed having either a
concrete, asphalt or brick paver surface.
i) Concrete surfaced driveways shall
Concrete at least four (4) inches
minimum compressive strength of
have a base of compacted crushed
inches thick.
be of Portland Cement
thick, with an ultimate
4,000 p.s.i., and shall
stone at least four (4)
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ii) The asphalt in asphalt surfaced driveways shall be at least
two (2) inches thick without any loose material on top, and
shall have a base of compacted crushed stone at least six
(6) inches thick.
iii) Brick paver surfaced driveways shall have at least two (2)
inches of sand over a base of compacted crushed stone at
least six (6) inches thick.
(2) A driveway approach shall be constructed ,as follows:
i) Where a driveway abuts a street having a concrete
pavement or concrete curb and gutter with sidewalk, the
approach shall be constructed entirely of Portland Cement
Concrete at least 6 inches thick with a base of compacted
crushed stone at least 4 inches thick. Wire mesh or re -bar
shall not be permitted. A one-half inch bituminous pre -
molded expansion joint with low transmission unit shall be
placed between the edge of such pavement or curb and the
approach and also between the approach and sidewalk.
ii) Where a driveway abuts a street with curb and gutter and no
sidewalk, the approach may be constructed of concrete, as
specified above, or asphalt at least four (4) inches thick, with
a base of compacted crushed stone at least four (4) inches
thick, and a depressed curb and gutter.
iii) Where a driveway abuts a street without curb and gutter,
the approach may be constructed of concrete, as specified
above, or asphalt at least four (4) inches thick, with a base of
compacted crushed stone at least four (4) inches thick.
(3) Expansions of existing driveways shall be surfaced with the same
material as the original driveway except in the following instances:
i) An expansion of an existing crushed gravel driveway shall
not be allowed unless the entire driveway is surfaced with a
material approved by this section.
ii) A walking border on either or both sides of that portion of a
driveway extending from the sidewalk or property line onto
private property may have a surface different than the
original driveway, provided that such border does not
exceed eighteen (18) inches in width.
(4) The width of driveways for residential uses shall be no less than 9
feet nor more than 20 feet wide at the outer or street edge of the
sidewalk, except that:
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i) A driveway width of up to 25 feet at the outer or street edge
of the sidewalk shall be allowed, but only when serving a
garage or garages having a minimum of three (3) vehicle
stalls.
ii) A driveway width of up to 30 feet at the outer or street edge
of the sidewalk shall be allowed, but only when serving a
garage or garages having a minimum of four (4) vehicle
stalls.
iii) The width of the driveway at the curb line or road edge shall
not exceed the width of the driveway at the inner or property
edge, plus 4 feet (2 foot flare on each side), nor shall it be
less than the width of the driveway at the inner or property
edge.
(5) The center line of all driveways shall be approximately at right
angles to the curb line or edge of pavement in the public street, for
a distance of at least 10 feet from said curb to pavement edge.
(6) Only one (1) driveway shall be permitted, however, a single parcel
or contiguous parcels under the same ownership having at least
100 feet of frontage on any one street, measured in a straight line
from side lot line to side lot line at the front building line, may have
a second driveway. Where two (2) driveways are provided for the
same property:
i) A separation of not less than 50 feet at the outer or street
side of the sidewalk, or the property line where no sidewalk
exists, shall be provided.
ii) A setback of not less than five (5) feet from a side lot line
shall be provided.
Sec. 21-60. State or county approval required in certain cases.
In no event shall a permit be issued for the construction, building, establishment
or maintenance of driveways on State of Illinois Routes 120 and 31, or on any McHenry
County -maintained road unless approval shall have first been obtained, by the
applicant, from the State of Illinois or McHenry County, as applicable.
SECTION 2: If any section, paragraph, subdivision, clause, sentence, or
provision of this ordinance shall be adjudged by any court of competent jurisdiction to
be invalid, such judgement shall not affect, impair, invalidate or nullify the remainder
thereof, which remainder shall remain and continue in full force and effect.
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SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: This ordinance shall be in full force and effect after its passage,
approval, and publication in pamphlet form (which publication is hereby authorized) as
provided by law.
PASSED THIS 1st DAY OF December , 1999,
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Abstain: None.
APPROVED: THIS 1st DAY OF December 1999
rtyor Steven J. Cuda
ATTEST:
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City Clerk Pamela J. Althoff
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