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 shall construct or maintain any driveway abutting
a Village street without first obtaining a driveway permit from the
Village Clerk-Treasurer. The applicant for a driveway permit shall
file the application with the Village Clerk-Treasurer and furnish
a drawing designating his property lines, the location and width of
the proposed driveway and location of any driveway and street intersection
within 100 feet of the proposed driveway. In the event the strict
enforcement of this chapter creates an undue hardship for any property
owner, the property owner may apply to the Village Board for a variance.
Application for such permit shall be made to the Village Clerk-Treasurer
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. There is a fee
for a driveway permit. This fee will be based on the actual costs
of the service provided by the Village of Benton. Upon receipt of
the application, the Village Clerk-Treasurer shall approve such application
if the proposed driveway complies with the terms and conditions of
this and any other applicable Village ordinance or construction standards.
All driveway permit applications shall contain the applicant's
statement that:
A. The applicant represents all parties in interest, and that such proposed
driveway is for the bona fide purpose of securing access to his or
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.
B. 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.
C. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances. When curb or gutter is removed, the new connection shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner. Any existing curb and gutter will be removed by Village personnel and may be removed by saw cutting the entire curb and gutter, then replaced with a lay flat curb and gutter, or milling the curb portion, whichever the Village deems most reasonable. Any sidewalk areas which are damaged or inadequate by reason of vehicle travel across the sidewalk shall be replaced in accordance with the requirements of §
288-4 of this Code.
D. 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:
A. 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.
B. 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.
C. 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 of this section.
D. 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.
E. 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 manner consistent with the Village's
construction standards. The driveway surface shall be connected with
the highway pavement and the sidewalk, if any, in a neat, workmanlike
manner. 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.
F. Restricted areas. The restricted area between successive driveways
may be filled in and graded only when the following requirements are
complied with:
(1) 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.
(2) 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.
(3) 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 Streets Committee.
G. Relocation of utilities. Any costs of relocating public utilities
shall be the responsibility of the property owner with approval of
the Director of Public Works thereof necessary before any utility
may be relocated and the driveway installed.
H. 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 §
288-4 of this Code insofar as such requirements are applicable, including thickness requirements.
I. Variances. Any of the above requirements may be varied by the Village
Board in such instances where the peculiar nature of the property
of 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:
A. 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 30 feet measured at right angles to the
center line of said driveway, except as increased by permissible radii.
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.
B. Angular placement of driveway. The angle between the center line
of the driveway and the curbline shall not be less than 45°.
C. 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 property.
D. Construction standards. Driveways shall be constructed in compliance
with Village sidewalk construction standards.
The following regulations are applicable to driveways serving
residential property:
A. Width of driveways. Openings for vehicular ingress and egress shall
be at least 12 feet wide at the property line for residential properties,
but shall not exceed 30 feet at the property line and 30 feet at the
curb opening.
[Amended 12-6-2006 by Ord. No. 06-02]
B. 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.
C. Construction standards. Driveways shall be constructed in compliance
with Village sidewalk construction standards.
Any person feeling himself or herself aggrieved by the refusal
of the Village Clerk-Treasurer to issue a permit for a private driveway
may appeal such refusal to the Streets Committee within 20 days after
such refusal to issue such permit is made.