[Adopted 9-10-2009[1]]
[1]
Editor's Note: This ordinance superceded former Art. III,
Culverts, adopted 7-9-1995 by Ord. No. 27.
Entitled the "Village of Superior Driveway and Culvert Installation
on Right-of-Way," the purpose of this article is to provide for a
regulation relating to the installation of new or reconstructed driveways
and culverts.
No person shall hereafter lay, install or reconstruct any driveway
or install or reconstruct a culvert in connection therewith in the
Village right-of-way within the Village of Superior without first
obtaining a permit from the Village of Superior. Permits must be obtained
and any fees paid before the issuance of any building permit.
Every such permit application shall describe the public road
adjacent to the culvert or driveway or location of the culvert or
driveway, the nature of the work being undertaken by the applicant,
the applicant's name and address, the property owner's name
and address (if different from the applicant's) and the estimated
dates of commencement of work and completion of work. Permits shall
be issued by the Village Board and/or Public Works Director on its
designated form.
A.
Culvert. When required to provide for adequate surface water drainage
along the road, the property owner shall provide and maintain any
necessary culvert pipe at his/her own expense. The culvert, if needed,
shall be of a type which will withstand the nature and type of traffic
to be driven over it. The culvert shall be of such diameter to facilitate
the drainage of water common to that area through said culvert. All
driveway culverts will be a maximum length of 24 feet and 10 inches
in diameter. Any longer of a length will require a variance from the
Village Board. All excavation for culverts in the right-of-way will
be done in a workmanlike manner so as not to obstruct traffic, and
said excavation will be completed in such a way as to cause minimal
inconvenience to the public.
B.
Elevation. The driveway shall be crowned so as to direct the runoff
water away from the roadway and into the ditch. Any excavation or
lawn seeding must slope away from the shoulder of the road for a minimum
distance of four feet at a minimum 6 to 1 grade. The property owner
shall make another application to the Village of Superior for permission
to place asphalt surfacing on the driveway if planned subsequent to
the original culvert installation.
C.
Obstructions. There will be no obstruction in connection with the
construction of the driveway or the installation of a culvert to be
placed in the right-of-way of any highway, street or road in the Village
of Superior at an elevation any higher than the finished grade of
the roadway adjacent thereto.
D.
Use of driveway during construction. All driveways shall be in place
before any type of construction begins. The driveway shall provide
the only means of ingress to or egress from the construction site.
Any damage to the Village road right-of-way, including the road surface,
shall be repaired at the property owner's expense and in accordance
with the Village of Superior Road Ordinance. All repairs must be completed
before an occupancy permit will be issued.
Culverts for a sidewalk or pedestrian entrance shall be a minimum
of 10 inches in diameter with a minimum length of four feet and a
maximum length of six feet. A minimum spacing between driveway culvert
and pedestrian (sidewalk) culvert of 10 feet must be maintained. Any
additional culvert lengths will require a variance by the Village
of Superior Zoning Board.
If a property owner feels a hardship has been created due to
the unusual slope or terrain of the property in the Village Road right-of-way,
said property owner may appeal to the Village Board for a variance
on the conditions set forth above.
Any person who shall violate provisions of this article shall
remedy and correct such violation within 30 days of notification in
writing by the Village Board.
Any driveway or culvert installed upon, under, or over any highway
right-of-way without a permit, or any such driveway or culvert which
is installed contrary to the terms and conditions of the issued permit
or of this article, shall be deemed a highway encroachment. The culvert
shall be subject to removal, pursuant to § 86.04, Wis. Stats.,
as it presently exists or as it may hereafter be amended or renumbered.
Failure to obey an order for removal under § 86.04, Wis.
Stats., may result in a per-diem forfeiture and the recovery of the
Village's costs of removal.
Any person or entity violating any provision of this article
shall be penalized in accordance with § 60.61, Wis. Stats.
This fee, not to exceed $197 per day, will be enforced by the Village
Board.
The permit fee shall be set at the amount of $15.
