For the safety of the general public, the City shall determine the location,
size, construction and number of access points to public roadways within the
City limits. It is the City'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, firm or corporation 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 City of Bayfield
without first obtaining a permit therefor as provided by this chapter.
No person shall construct any driveway or private road in a public right-of-way
of the City of Bayfield without installing a culvert or proper curb and gutter
in full compliance with this article. Included within the scope of this requirement
are commercial driveways.
Application for such permit shall be made to the Public Works Director
on a form provided by the City 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 Common Council. 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 Public Works Director may approve such application if the proposed
driveway complies with the terms and conditions of this chapter and any other
applicable City ordinance.
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 property and not for the purpose of parking or servicing vehicles,
advertising, storage or merchandising of goods within the dedicated portion
of the City street, or for any other purpose.
B. The City, notwithstanding the construction of such driveway,
reserves the right to make any changes, additions, repairs or relocations
within the dedicated portion of the City 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, his successors or assigns, agrees to indemnify
and hold harmless the City of Bayfield, 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.
D. The City 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 City 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 Common Council,
and driveways shall in all cases be placed wherever possible as not to interfere
with utilities in place. No residential driveway shall exceed 30 feet in width
at the outer or street edge of the sidewalk unless special permission is obtained
from the Common Council.
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 Common Council 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.
D. Drainage. The surface of the driveway connecting with
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. No driveway apron shall extend out into the street
further than the face of the curb, and under no circumstances shall such driveway
apron extend into the gutter area. All driveway entrances and approaches shall
be so constructed that they shall not interfere with the drainage of streets,
side ditches, or roadside areas or with any existing structure on the right-of-way.
E. Reconstruction of sidewalks and curb and gutter when driveway reconstructed. 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 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. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in §
349-5 of Chapter
349, Streets, Sidewalks and Public Areas, of the Code of the City of Bayfield, insofar as such requirements are applicable, including thickness requirements. Standard thickness of residential driveway approaches will be six inches thick.
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 City Engineer 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
Common Council.
G. Relocation of utilities. Any costs of relocating utilities
shall be the responsibility of the property owner with approval of the Common
Council 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 paved in accordance with the requirements for sidewalk construction in §
349-5 of Chapter
349, Streets, Sidewalks and Public Areas, of the Code of the City of Bayfield, insofar as such requirements are applicable, including thickness requirements.
I. Variances. Any of the above requirements may be varied
by the Common Council 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.
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 Common Council 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 City 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 City 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.
The following regulations are applicable to driveways serving residential
property:
A. Width. Unless special permission is first received from
the Common Council, or committee thereof, a residential single-type driveway
shall be no greater than 30 feet wide at the curbline and 18 feet wide at
the outer or street edge of the sidewalk; residential double-type driveways
shall be no greater than 30 feet wide at the curbline and 18 feet wide at
the outer or street edge of the sidewalk.
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.
Any person feeling himself aggrieved by the refusal of the Public Works
Director to issue a permit for a private driveway may appeal such refusal
to the Common Council within 20 days after such refusal to issue such permit
is made.
All costs incurred by the City relating to the enforcement of this chapter
or in making the determinations or inspections necessary hereunder shall be
paid by the property owner, including but not limited to, City administrative
costs and engineer's and attorney's fees. If a property owner refuses to comply
with the Chapter, the City may install the culverts and charge back the cost
or additional cost thereof as a special charge pursuant to § 66.0627,
Wis. Stats.