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HomeMy WebLinkAboutOrd 246 Establishing criteria and regulations for DrivewaysORDINANCE NO. 246 AN ORDINANCE OF THE TOWN OF WESTLAKE ESTABLISHING CRITERIA AND REGULATIONS FOR THE DESIGN, CONSTRUCTION, LOCATION, SPACING, RELOCATION AND REMOVAL OF DRIVEWAYS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING A REVIEW PROCESS; PROVIDING ENFORCEMENT PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, driveway access and design regulation can reduce the number of vehicular accidents by reducing the number of conflicting turning movements; and WHEREAS, driveway access and design regulation can reduce congestion and increase roadway capacity by reducing the number of driveways and approaches; and WHEREAS, driveway access and design regulation can make roadways safer by locating driveways outside of the hazardous areas of intersections; WHEREAS, driveway access and design regulation can increase tax revenues by improving the image of the Town of Westlake and attracting new business, industry, and residents, and WHEREAS, the Board of Aldermen of the Town of Westlake has determined that driveway access and design regulation is necessary to adequately protect the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: LQ PURPOSE AND INTENT The purpose of this ordinance is to ensure that property shall be provided safe and efficient vehicular access to or from the public street system, to protect the capacity for handling peak traffic volumes of public streets, to maintain smooth traffic flow, and to maintain street and right-of-way drainage. It is the intent of this ordinance to achieve the following: a. Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system. b. Reduce conflicting turning movements and congestion thereby reducing vehicular accidents. -I- c. Maintain and enhance a positive image for the attraction of new, high quality, residential and nonresidential development in the Town. 2_0 DEFINITIONS 2.1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: A. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. B. The word "shall" is mandatory and the word "may" is permissive. 2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Unified Development Code or other ordinances of the Town. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. ACCELERATION LANE: An auxiliary lane beyond a driveway or public or private street that allows vehicles time to accelerate before turning right to merge onto a major street facility. APPLICANT: Any owner, authorized agent, lessee, contractor or developer who desires to construct, reconstruct, relocate or in any way alter the design or operation of one (1) or more driveways. ARTERIAL: Any existing or future roadway classified as a principal or minor arterial in the Thoroughfare Plan, including Major Boulevard Collector or Major Collector. AUXILIARY LANE: A separate lane, including transition areas, in addition to the general travel lanes intended to maintain the free flow of traffic. Examples include free right turn lane, free left turn lane, deceleration lane or acceleration lane. BOARD: Board of Aldermen of the Town of Westlake. COLLECTOR: Any existing or future roadway classified as a major or minor collector in the Thoroughfare Plan. -2- CONTINUOUS DECELERATION LANE: A deceleration lane that serves two (2) or more driveways, public streets or combination thereof. DECELERATION LANE: An auxiliary lane, including transition areas, in advance of a driveway or public or private street that allows vehicles time to slow before turning right from a major street facility. DESIGN HOUR: The one (1) hour period of a typical week with the highest volume of traffic on the roadway. DRIVEWAY: Any approach or access that connects real property to the public street. The driveway is primarily located within public right-of-way but may be considered to extend onto private property when necessary to ensure safe operation of the driveway/street intersection. DRIVEWAY, COMMERCIAL: A driveway providing access to commercial property or providing access to administrative or employee parking lots on industrial property. The principle use of commercial driveways will be automobile traffic with incidental use by truck traffic. DRIVEWAY, CIRCULAR: A residential driveway that has two connections to public or private street. DRIVEWAY, COMMON: A driveway constructed to provide access between two (2) or more properties. DRIVEWAY, DIVIDED: A driveway having separate ingress and egress drives divided by a raised median. DRIVEWAY, INDUSTRIAL: A driveway providing access for substantial truck traffic to industrial property or commercial property. The principle use of industrial driveways will be truck movements to and from loading docks of a commercial or industrial facilities. DRIVEWAY, MULTI -FAMILY: A driveway which provides access to multi -family property. DRIVEWAY, RESIDENTIAL: A driveway which provides access to a single-family residence, to a duplex or to a multi -family building containing three or fewer dwelling units. DRIVEWAY THROAT WIDTH: The shortest distance between the parallel edges of a driveway measured edge of pavement to edge of pavement for driveways without curbs and measured face of curb to face of curb for driveways with curbs. -3- FREE RIGHT TURN LANE: An auxiliary lane FREE LEFT TURN LANE: An auxiliary lane FREEWAY FRONTAGE ROAD: Driving lanes within State of Texas R.Q.W. that parallel the principle freeway driving lanes and provide access to property adjacent to R.O.W. INTERNAL DRIVEWAY: A private road or accessway on private property that connects buildings or abutting ground to the driveway. MAJOR STREET FACILITY: Any of the following: (1) S.H. 114, S.H. 170 and U.S. 377 and corresponding freeway frontage roads, (2) Kirkwood Blvd., Precinct Line Rd., Trophy Club Dr., Sam School Rd., Roanoke Rd., and Henrietta Creek Rd. (3) principal or minor arterial streets, or (4) major or minor collector streets. PARKWAY: The area of the R.O.W. between edge of pavement and the corresponding R.O.W. line. PROPERTY, COMMERCIAL: Property, regardless of zoning district which is used wholly or partially for offices or the wholesale or retail sale of goods and services. PROPERTY, INDUSTRIAL: Property, regardless of zoning district, other than commercial property, multi -family property or industrial property as defined in this ordinance. PROPERTY, MULTI -FAMILY: Property, regardless of zoning district, that contains four (4) or more attached swelling units. PROPERTY, RESIDENTIAL: Property, regardless of zoning district, that contains three (3) or fewer dwelling units. STREET CLASSIFICATION: The functional classification of a street as defined in the Thoroughfare Plan or as defined by the Transportation Planner/Engineer for those streets not shown in the Thoroughfare Plan. TOWN ENGINEER: Person officially designated to serve as the Town of Westlake's Engineer. TOWN PLANNER: Person officially designated to serve as the Town of Westlake's Planner. TOWN TRANSPORTATION PLANNER/ENGINEER: Person officially designated to serve as the Town of Westlake's Transportation Planner/Engineer. -4- TRAFFIC IMPACT ANALYSIS (TIA): A study prepared and signed by a Registered Professional Engineer in the State of Texas that certifies the existing traffic conditions and determines the projected traffic to be generated by a proposed development. 3.0 DRIVEWAY PERMIT REQUIRED 3.1 GENERAL: No person shall construct, reconstruct, relocate or in any way alter the design or operation of any driveway without a permit issued by the Town Engineer. No work shall be undertaken on a driveway until the executed permit has been received by the applicant. In no event shall a driveway be allowed or permitted if it is determined by the Town Engineer, in consultation with the Town Transportation Planner/Engineer, to be detrimental to the public health, safety and welfare. 3.2 APPLICABILITY: Driveway permits shall be issued only in compliance with this ordinance and may include terms and conditions authorized by the ordinance. In no event shall a driveway be allowed or permitted if it is determined by the Town Engineer, in consultation with the Town Transportation Planner/Engineer, to be detrimental to the public health, welfare and safety. 3.3 STREET RECONSTRUCTION: Where in the course of public street reconstruction by the Town, County or State of Texas it becomes necessary to revise or eliminate an existing driveway to be in conformance with this ordinance, the property owner shall be notified in writing of the required changes. Said changes shall be implemented at the cost of the appropriate public agency, and will not result in denial of reasonable access from the property to the general street system. 3.4 TRAFFIC IMPACT ANALYSIS REQUIRED: For commercial, industrial or multi- family driveways on a major street facility, the Town Engineer, in consultation with the Town Transportation Planner/Engineer, may require an applicant to submit a Traffic Impact. Analysis as part of the permit application and review process. This requirement may be waived if the Town Engineer, in consultation with the Town Transportation Planner/Engineer, determines that the driveway has been adequately analyzed in a previous traffic study. 3.5 COMMON ACCESS: A common access easement may be required between adjacent lots fronting on a major street facility in order to minimize the total number of access points along those streets and to facilitate traffic flow between Iots. Lots with sufficient frontage to safely meet the design requirements of Section 5.0 may be permitted to have their own driveways. The owner or developer of property required to use common driveways shall be responsible for obtaining easements on adjacent property as necessary. The Town may, but shall not be required to, assist in the acquisition of off-site easements if the owner is unable to acquire them. With a request for assistance, the owner shall provide the Town with documentation of his efforts, including evidence of a reasonable offer made to the adjacent property owner. Upon such a written request for assistance, the -5- Town may attempt to acquire these easements through negotiations. If the negotiations are unsuccessful, the request may be submitted to the Board for consideration of acquisition through condemnation. In either case, the total cost of the acquisition and the cost of the easements shall be paid by the owner (developer). In the event the Town elects not to acquire the property through condemnation, alternate driveway locations and designs in conformance with this ordinance shall be required. 4.0 REVISION OF EXISTING DRIVEWAYS FOR CONFORMANCE Upon application for Building Permit or Certificate of Occupancy, existing driveways that are not in conformance with this ordinance shall be brought into compliance at the expense of the Applicant as a condition of the building permit or certificate of occupancy if one of the following conditions is met: a. The existing use of the driveway is projected to increase in actual or proposed daily design hour volume by twenty (20) percent or more. b. The change in the use of the property or modifications to the property restricts the flow of vehicles entering or exiting the property in a manner which is anticipated to disrupt normal traffic flow in the public street, thereby creating a hazard. Change in property use may include but is not necessarily limited to change in type of business, expansion in an existing business, change in zoning, and subdivision which creates new parcels. It does not include modifications in advertising, landscaping, remodeling, general maintenance, or aesthetics that do not affect internal or external traffic flow or safety. 5_0 DESIGN CRITERIA The following standards shall be followed in the design and construction of driveways within the Town of Westlake. 5.1 DESIGN STANDARDS: The values in Table One represent minimum and/or maximum standards to be applied in designing and locating driveways on Town streets. For each driveway, the Town Engineer, in consultation with the Town Transportation Planner/Engineer, may require a specific combination of dimensions within these ranges based on the anticipated traffic flow and safety characteristics of the driveway and public street. M TABLE ONE Criteria Street Classification Residential Driveway Commercial & Multi -Family Driveway Industrial Driveway Driveway Throat Width* State Highways & frontage roads 10-20 ft. 30-36 ft. 30-48 ft. Arterials 10-20 ft. 30-36 ft. 30-48 ft. Collectors 10-20 ft. 24-36 ft. 30-48 ft. Local Streets 10-20 ft. 24-36 ft. 24-36 ft. Driveway Curb Radius* State Highways & frontage roads 15-20 ft. 20-30 ft. 20-40 ft. Arterials 10-20 ft. 20-30 ft. 20-40 ft. Collectors 5-10 ft. 10-20 ft. 10-20 ft. Local Streets 5-10 ft. 10-20 ft. 10-20 ft. Minimum Centerline Driveway Spacing Along Roadwayt State Highways & frontage roads 50 ft. 500 ft. 500 ft. Arterials 250 ft. 250 ft. 250 ft. Collectors 50 ft. 150 ft. 150 ft. Local Streets 20 ft. 100 ft. 100 ft. Minimum Distance to Intersection Along Roadway$ State Highways & frontage roads 250 ft. 250 ft. 250 ft. Arterials 250 ft. 250 ft. 250 ft. Collectors 50 ft. 150 ft. 150 ft. Local Streets 30 ft. 100 ft. 100 ft. * The requirements for Driveway Throat Width and Driveway Curb Radius are for standard undivided two-way operation and may be varied by the Town Engineer, in consultation with the Town Transportation Planner/Engineer, if traffic volumes, truck usage, common driveways, and other factors warrant such. t The minimum centerline spacing does not implicitly determine the number of driveways allowed. Driveways served by deceleration lanes may be spaced at closer intervals if approved by the Town Engineer, in consultation with the Town Transportation Planner/Engineer,. t Distance measured from nearest edge of the driveway throat to the intersecting R.O.W. line. 5.2 GENERAL DESIGN CRITERIA A. DRIVEWAYS ON State and Federal Highways: Driveways along State Highways, including S.H. 114, S.H. 170, and U.S. 377, (and future frontage roads) shall be located in accordance with Texas Department of Transportation (TxDOT) access control guidelines. Driveways will not be allowed within areas indicated as "access denied" as per Figures 1 & 2. The Town Engineer, in -7- consultation with the Town Transportation Planner/Engineer, may, with the concurrence of TxDOT, allow driveways within the areas indicated as "access denied where practical" as per Figures 1& 2. All other driveway access shall be provided in accordance with figures 3 & 4. B. DRIVEWAYS ON ARTERIALS & INTERSECTING ARTERIALS: Driveways on Arterials with retail zoning within 1004' of another arterial shall be designed in accordance with Figure 5. As per Figure 5, any driveway constructed within 250 feet of an intersection of an arterial with another arterial shall be right turn in and out only, and shall have signs placed at the Applicants expense indicating right turn in and out only. Driveway access on arterials without retail zoning more than 1000' from another arterial shall be located in accordance with Figure 6. C. MINIMUM THROAT LENGTH: The driveway for any multi -family, commercial, or industrial property that connects to a major street facility shall extend onto private property a minimum distance of 18 feet from the right-of-way line before intersecting any internal driveway. D. COMMON ACCESS EASEMENTS: The use of common driveways shall require the dedication of a joint -use private access easement on each affected property. Said dedication shall be provided on the final plat of the subject properties, or be filed by separate instrument with the recorder of deeds for the county in which the property is located, with a copy forwarded to the Town. The common access easement shall encompass the entire width of the planned driveway plus an additional width of one foot (1) foot on both sides of the drive. At a minimum, the size of the access easement must be twelve (IT) feet wide and fifteen (15') feet deep for residential driveways or twenty-six (26') feet wide and forty-two (42) feet deep for commercial and industrial driveways. When the center of the easement is offset from the common lot line, the easement must extend past the lot line a minimum distance of one (1) foot. E. RADIUS RETURN LIMIT. For any driveway, the point of radius return tangency with the street curb shall not extend beyond the property line (projected perpendicular to the street centerline) except as provided in common driveway agreements and as approved by the Town Engineer, in consultation with the Town Transportation Planner/Engineer,. F. CURB LEAVE -OUTS: If a street curb is to be left out for later installation of a driveway, the driveway shall be poured within six (6) months of the issuance of a building permit, or the curb shall be replaced. G. UTILITY OFFSET MINWUM. No portion of any driveway shall be located within four (4") feet of any fire hydrant, electrical pole, or any other surface public utility. The Applicant, at his expense, may have the surface utility moved, if the public utility agency determines that the move will not detrimentally affect the service. H. CURB INLET DRAINAGE OFFSET: The driveway curb return at the point of tangency with the street curb shall not be located within (a) five (5') feet of the downstream edge, nor ten (10') feet of the upstream edge, of a straight curb inlet or inlet extension, nor (b) within ten (10') feet of a recessed inlet, without prior permission of the Town Engineer. I. OFF-STREET MANEUVERING: All vehicle maneuvering on multi -family, commercial, and industrial properties into a parking space or up to a loading dock or into any other area shall be accomplished by off-street maneuvering areas and internal driveways. No back -in or back -out vehicle maneuvering from a driveway shall be allowed to occur on any public street or right-of-way with the exception of residential drives on local streets. J. ADEQUATE SIGHT DISTANCE: Driveways may be prohibited where adequate sight distance is not available for the established speed limit, or the design speed of a future street improvement, if higher. Sight distance easements at street and driveway intersections shall be determined in accordance with the following: 1. APPLICABILITY: No fence, wall, screen, sign, structure, or foliage of shrub or trees shall be erected, planted or maintained in such a manner as to obstruct of interfere with a clear line of sight for the drivers of approaching motor vehicles within the sight distance easement. 2. SIGHT EASEMENT: The sight easement shall be kept clear of visual obstructions except tree trunks and municipal or traffic sign posts between 30 inches and 9 feet above the average grade of the street. 3. DIMENSIONS: The sight distance easement shall be a minimum of 5 feet beyond the critical line of sight. The critical line of sight shall be defined as illustrated in Table 1 and Figure 7. Values of "d" may be obtained from the table for controlled intersections, or they may be calculated in accordance with AASHTO standards for the critical condition. M TABLE 2 Sight Distance Table Design Speed (mph) 2 Lane Roadway d=(feet) 4 Lane Roadway d=(feet) 30 0 0 40 610 820 50 760 1030 60 910 1230 If a field inspection indicates that driveway sight distance may be insufficient, the Applicant will be required to submit vertical and horizontal information to the Town that verifies adequate sight distance is available for the proposed driveway location. K. SITE PLAN REQUIRED: A site plan showing all existing right-of-way, easements, curbs, storm drain inlets, flumes, underground and overhead utilities, trees and sidewalks shall be required for each non-residential driveway permit applications. The proposed driveway grades shall also be shown for a minimum distance of fifteen (15) feet past the right-of-way line. All driveways and median openings within 150 feet of the subject property on both side of each abutting street shall be shown on the site plan. If an adjacent street contains a raised median, showing driveway(s) on the opposite side of the street shall not be required unless a median opening is present or proposed. L. TEMPORARY DRIVEWAYS: Temporary driveways shall only be permitted if the public street construction is an interim section and if approved by the Town Engineer, in consultation with the Town Transportation Planner/Engineer,. 5.3 RESIDENTIAL STANDARDS A. CIRCULAR DRIVES: Circular drives are allowed on residential lots not fronting on arterial or collector thoroughfares. There shall be 25' minimum distance between the two interior portions of the drives at the R.O.W. line. The minimum lot frontage required to construct a circular drive is 100 feet. B. COMMON DRIVE WIDTH: A residential driveway shared by two or more properties shall have a minimum throat width of twelve (12`) feet. A common access easement shall also be required as described in Section 3.6. Shared residential driveways may be required for adjoining residential lots on major street facilities to reduce the number of access points on those roadways. -10- C. ACCESS TO MAJOR STREET FACILITY: Driveway access to a residential lot from any major street facility shall not be permitted unless that lot has no other public access. If such a driveway is approved on a major street facility, an off- street maneuvering area approved by the Town Engineer, in consultation with the Town Transportation Planner/Engineer, shall be provided to ensure that vehicles will not back into the public street. Driveway access to a residential lot from a minor collector street may be denied if either: 1. The lot has access to a local street, or 2. The proposed access would create a traffic flow or safety problem, unless there is no other access. 5.4 AUXILIARY LANES A. WHEN REQUIRED: As a condition of a driveway permit, the Town Engineer, in consultation with the Town Transportation Planner/Engineer, may require the Applicant to provide a deceleration lane for any driveway located on an arterial street if the right turn ingress volume exceeds 50 vehicles in the design hour (150 vehicles if the design hour occurs on a Sunday). If the existing or future speed limit on the street facility exceeds 40 MPH, a deceleration lane may be required if 40 right turn ingress vehicles occur in the design hour (100 vehicles if the design hour occurs on a Sunday). Such calculation shall be made by the Town Transportation Planner/Engineer unless a Traffic Impact Analysis is provided by the Applicant. B. EXTENSION OF RIGHT TURN LANE: When a driveway is approved within the separate right turn lane of a public street intersection, the lane shall be extended a minimum of fifty (50') feet in advance of the driveway. No driveway shall be permitted within the transition area of any separate right turn or deceleration lane. C. CONTINUOUS DECELERATION LANE: A continuous deceleration lane may be required as a condition of a driveway permit when two or more deceleration lanes are planned and their proximity necessitates that they be combined for proper traffic flow and safety. The transition taper for a continuous deceleration lane shall not extend into or beyond a public street intersection. D. LEFT TURN LANES ON UNDIVIDED ROADS: On undivided arterial roadways, a left turn lane and taper may be required as a condition of the driveway permit when the product of the projected left turn ingress volume (50 minimum) and the opposing volume per lane exceeds 25,000 in any design hour. In such cases, the Town Transportation Planner/Engineer will analyze the present and future traffic volumes to verify that the left turn lane is necessary to maintain minimum levels of traffic flow and safety. - 11 - E. LEFT TURN LANES ON DIVIDED ROADS: On divided arterial roadways, the Town Engineer, in consultation with the Town Transportation Planner/Engineer, may require, as a condition of the driveway permit, construction of a left turn lane at an existing public street median opening when the proposed driveway will be served by such median opening and no left turn lane exists in the median. F. TEMPORARY AUXILIARY LANE: The Town Engineer, in consultation with the Town Transportation Planner/Engineer, may require a temporary auxiliary lane to be constructed on existing arterial roadways that are planned for future improvement. If construction costs for the permanent auxiliary lane for the future street section is greater than that for the temporary auxiliary lane for the existing roadway, the property owner shall place escrow funds with the Town for the difference in the costs. G. DECELERATION LANE EXTENSION: In the event the Applicant is allowed to locate a driveway with deceleration lane within one hundred (100') feet of an arterial intersection, the Applicant may be required to extend the deceleration lane to such intersection. The one hundred (100') feet shall be measured from the nearest edge of the driveway throat to the nearest R.O.W. line of the intersection arterial. H. CONSTRUCTION COSTS: The Applicant shall be responsible for the design, right-of-way adjustment of utilities, and construction costs of any auxiliary lane and street widening required as a condition of the driveway permit. If for any reason an auxiliary lane required under this Ordinance cannot be constructed in conjunction with the driveway by the Applicant, the Applicant may be required to place all necessary funds in escrow with the Town. 5.5 SIGNALIZED DRIVEWAYS A. DRIVEWAY ANALYSIS: As a condition of a driveway permit on a major street facility, the Town Engineer, in consultation with the Town Transportation Planner/Engineer, may require the Applicant to submit driveway volume and capacity information when signalization is requested or expected at the driveway intersection. If a signalized driveway is constructed on an arterial, or on the frontage roads of a State Highway, it shall be no less than 1000 ft. from any adjacent signalized driveway or public street intersection, unless otherwise authorized by the Town Engineer, in consultation with the Town Transportation Planner/Engineer, B. SIGNAL CONSTRUCTION: If the driveway analysis indicates a signal is required and an overall public benefit is shown, the Town may require as a condition of the permit that the Applicant pay for the traffic signal installation costs necessary to serve the subject driveway. -12- C. SIGNAL RECONFIGURATION COSTS: If a driveway is permitted and installed at an existing signalized intersection, the applicant shall pay any costs necessary to modify the existing signal to accommodate the new driveway. 5.6 SPECIAL DRIVEWAY DESIGNS A. HIGH VOLUME DRIVES: The Town Engineer, in consultation with the Town Transportation Planner/Engineer, may require the Applicant to submit a Traffic Impact Analysis for any driveway on an arterial projected to serve 1,000 or more vehicles per day, or 100 ingress vehicles in the peak hour. Calculations of driveway ingress volumes will be based on land use type and square footage in accordance with the table in Appendix 4. Based on the need created by such driveway, the Town Engineer, in consultation with the Town Transportation Planner/Engineer, may require internal driveway improvements, turning movement prohibitions, auxiliary lanes, and traffic control devices to address safety and/or capacity problems with the property which may have a detrimental effect on the adjacent public street system. B. LEFT TURN EGRESS CONTROL MEDIAN: All driveways on undivided arterial roadways having a projected exiting left turn volume that will operate at a poor level -of -service may be required to be constructed with a left turn egress control median. Likewise, any driveway having a projected ingress left turn volume that will have a level -of -service "D" or worse as defined in the latest edition of the "Highway Capacity Manual", published by the Transportation Research Board, may be required to have a left turn ingress control median. If both are required, a right in/right out driveway design may be required by the Town Engineer, in consultation with the Town Transportation Planner/Engineer,_ D. REQUIRED STACKING FOR HIGH VOLUME DRIVES: Driveways having a projected design volume of 5,000 or more vehicles per day shall have a minimum of one hundred (100) feet continuous approach length without adjacent parking stalls or vehicular cross flow. 5.7 DRAINAGE DESIGN: In the vicinity of existing of future drainage structures, no driveway shall be permitted which may impair the effectiveness of the existing drainage facilities. Drainage in side ditches shall not be significantly altered or impeded by any driveway. 6.0 MODIFICATIONS, VARIANCES AND APPEALS Modifications and variances are strongly discouraged. -13- 6.1 MODIFICATIONS: Modifications may be granted by the Town Engineer, in consultation with the Town Transportation Planner/Engineer, for the particular area of responsibility controlled by such official under unique circumstances whenever needed to recognize extenuating circumstances or preserve the health, safety and welfare of the public, and provided that the modifications are in conformity with the intent and purpose of this ordinance. The Town Engineer, in consultation with the Town Transportation Planner/Engineer, may defer any request by an applicant to the Board for final determination. 6.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision of the Town Engineer, regarding modifications to this ordinance shall file a written appeal to the Town Engineer, who shall place the request on the agenda for consideration by the Board. The Board shall have the authority to grant a variance to this ordinance. In granting any variance, the Board shall determine that: a. A literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant. b. The situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed. c. The variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. d. The granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the Board shall be final. 7_0 ENFORCEMENT 7.1 BUILDING PERMIT: No permits for building construction or site work including grading and paving shall be issued for, multi -family, commercial or industrial driveways until a site plan meeting the requirements of this ordinance has been approved by the Town Engineer, in consultation with the Town Transportation Planner/Engineer,. No permits for residential construction shall be issued for residential driveways until a plot plan meeting the requirements of this ordinance has been approved by the Town Engineer or his designee. 7.2 CERTIFICATE OF OCCUPANCY: All drives, parking, auxiliary lanes, drainage work or other requirements of this ordinance shall be completed prior to the issuance of a Certificate of Occupancy. -14- 8.00 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 9_0 APPENDICES It is anticipated that the following appendices will be changed periodically by the Town Planner in response to changes in the administration of this ordinance. PASSED AND APPROVED THIS 12TH DAY OF JANUARY, 1996 ATT ST: Ginger sswy, Town Secre _ APPROVED AS TO FORM: Paul C. 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