[HISTORY: Adopted by the Village Board of the Village of Balsam Lake 11-5-1990
as §§ 8.05 and 8.10 of the 1990 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 through the administration of this chapter by the
Building Inspector. 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.
A.
Permit required to construct, reconstruct, alter or enlarge.
No person 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 without first obtaining a permit therefor
as provided by this chapter.
B.
Application. 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. The applicant
shall pay a fee as set by the Village Board. 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 Director
of Public Works or the Clerk-Treasurer shall approve such application if the
proposed driveway complies with the terms and conditions of this chapter and
any other applicable Village ordinance.
C.
Application provisions. All driveway permit applications
shall contain the applicant's statement that:
(1)
The applicant represents all parties in interest and
that such proposed driveway is for the bona fide purpose of securing access
to his property and not for the purpose of parking or servicing vehicles,
advertising, storage or the merchandising of goods within the dedicated portion
of the Village street or for any other purpose.
(2)
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.
(3)
The permittee, his successors or assigns agree to indemnify
and hold harmless the Village, 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.
(4)
The Village does not assume any responsibility for the
removal or clearance of snow, ice or sleet on such driveway or the opening
of the end of such driveway within the dedicated portion of the Village street.
A.
General requirements. The location, design and construction
of driveways shall be in accordance with the following:
(1)
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, so as not to
interfere with utilities in place.
(2)
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 Director of Public Works for reasonable and adequate service
to the property, considering the safety, convenience and utility of the street.
(3)
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 A(7).
(4)
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.
(5)
Culverts. Driveways shall not obstruct or impair drainage in street ditches or roadside areas. Driveway culverts, where required, shall be adequate for surface water drainage along the street and shall not be less than the equivalent of a twelve-inch-diameter pipe. The distance between culverts under successive driveways shall not be less than 10 feet, except as such restricted area is permitted to be filled in pursuant to the provisions of Subsection A(7).
(6)
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 face 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.
(7)
Restricted areas. The restricted area between successive
driveways may be filled in and graded only when the following requirements
are complied with:
(a)
The filling or draining shall be to grades approved by
the Director of Public Works, 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.
(b)
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.
(c)
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
Director of Public Works.
(8)
Relocation of utilities. Any costs of relocating utilities
shall be the responsibility of the property owner, with approval of the Village
Board necessary before any utility may be relocated and the driveway installed.
(10)
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.
B.
Special requirements for commercial and industrial driveways.
The following regulations are applicable to driveways serving commercial or
industrial establishments:
(1)
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 such 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.
(2)
Angular placement of driveway. The angle between the
center line of the driveway and the curbline shall not be less than 45º.
(3)
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.
C.
Special requirements for residential driveways. The following
regulations are applicable to driveways serving residential property:
(1)
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 24 feet at the property line and 30 feet at
the curb opening.
(2)
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 aggrieved by the refusal of the Director
of Public Works to issue a permit for a private driveway may appeal such refusal
of the Director of Public Works to the Village Board within 20 days after
such refusal to issue such permit is made.
A.
No person shall place, construct or locate or cause to be placed,
constructed or located any obstruction or structure within the limits of any
public road, highway or street in the Village, except as permitted by this
chapter. As used herein, the word "structure" includes private driveways,
a portion of which extends into any public road, highway or street and which
is in nonconformance with this chapter.
B.
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 Board for
effective traffic control or for highway signs or signals.
C.
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 at its edge
and not cause an obstruction to the maintenance or clearing of such public
roadway.
D.
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 so as not to interfere with the drainage of streets, side ditches
or roadside areas or with any existing structure on the right-of-way.
E.
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.
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to the penalty provided in Chapter 1, § 1-4, of this Code. Each violation and each day a violation continues shall constitute a separate offense. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.
