[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 6, Ch. 3
of the 2001 Code. Amendments noted where applicable.]
A.
Purpose. For the safety of the general public, the
City of Weyauwega 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.
B.
Permit required to construct, reconstruct, alter or enlarge. No person shall construct or maintain a driveway across any sidewalk or curbing without first obtaining a driveway permit from the Supervisor of Public Works. For bond and insurance requirements, see the provisions of § 419-7G and H. A sidewalk permit is not required when a new sidewalk is to be constructed in conjunction with the construction of a new principal structure; the sidewalk is included in the building permit process in such cases.
C.
Application.
(1)
Application for such permit shall be made to the City
Administrator for referral to the Supervisor of Public Works 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 City Council.[1] 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 Supervisor
of Public Works shall approve such application if the proposed driveway
complies with the terms and conditions of this chapter and any other
applicable City ordinance.
(2)
All applications for permits shall be made on a form
prescribed by the Supervisor of Public Works and be accompanied by
a sketch in duplicate showing:
D.
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/her 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.
(2)
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.
(3)
The permittee, his/her successors or assigns agrees
to indemnify and hold harmless the City of Weyauwega, 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 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.
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 Supervisor of
Public Works, and driveways shall in all cases be placed wherever
possible 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 City Council 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(6).
(4)
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.
(5)
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 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 § 419-5 of this Code insofar as such requirements are applicable, including thickness requirements. Standard thickness of residential driveway approaches will be six inches thick.
(6)
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 Supervisor 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 Supervisor of Public Works.
(7)
Relocation of utilities. Any costs of relocating utilities
shall be the responsibility of the property owner, with approval of
the Supervisor of Public Works necessary before any utility may be
relocated and the driveway installed.
(8)
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 § 419-5 of this Code insofar as such requirements are applicable, including thickness requirements.
(9)
Surfacing. New driveways shall be hard surfaced within
one year of driveway permit issuance.
(10)
Variances. Any of the above requirements may
be varied by the City 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.
B.
Special requirements for commercial and industrial
driveways. The following regulations are applicable to driveways serving
commercial or industrial establishments:
(1)
Width of drive. The maximum permitted width of a commercial
or industrial driveway approach shall be 35 feet at the curbline,
except as increased by permissible radii. In instances where the unique
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 City Council 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
45°.
(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 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 that an adjoining property owner applies for a driveway
permit to serve his/her property.
C.
Special requirements for residential driveways. The
following regulations are applicable to driveways serving residential
property:
(1)
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.
(2)
Width.
[Amended 9-19-2016 by Ord. No. 2016-1]
(a)
A single-width driveway running from the street access to a
garage or parking pad shall not utilize more than 15% of any front
yard.
(b)
A double-width driveway running from the street access to a
garage or parking pad shall not utilize more than 27% of any front
yard.
(c)
A triple-width driveway running from the street access to a
garage or parking pad shall not utilize more than 33% of any front
yard.
D.
Appeal from permit refusal. Any person feeling himself/herself aggrieved
by the refusal of the Supervisor of Public Works to issue a permit
for a private driveway may appeal such refusal to the Zoning Board
of Appeals within 20 days after such refusal and/or in accordance
with applicable variance and Board of Appeals application procedures.
[Amended 9-19-2016 by Ord. No. 2016-1]
E.
Prohibited driveways.
(1)
No person, firm or corporation 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 City of Weyauwega except as permitted by this section. As used
herein the word "structure" includes a private driveway, a portion
of which extends into any public road, highway or street, and which
is in nonconformance with this chapter.
(2)
No driveway shall be closer than 35 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 City for effective traffic control or for highway signs or signals.
(3)
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.
(4)
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.
(5)
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.
F.
Culvert construction standards.
(1)
Culvert requirement. The City Council may require
the property owner to provide for adequate surface water drainage
along the street, and the property owner shall provide any necessary
culvert pipe at his/her expense.
(2)
Culvert permit.
(a)
No person shall lay, remove, replace or repair
any culvert within the City of Weyauwega unless he/she is under contract
with the City to do such work or has obtained a permit therefor from
the Supervisor of Public Works at least three days before work is
undertaken. The Supervisor of Public Works shall determine the diameter
of the culvert to be installed which shall not be less than 12 inches
and shall approve of the laying of said culvert so as to provide proper
drainage.
(b)
No person (not under contract to the City of
Weyauwega) shall lay, remove, replace or repair any culvert until
a permit has been obtained from the Supervisor of Public Works at
least three days before work is undertaken. The fee for such permit
shall be set by the City Council.[1] The Supervisor of Public Works shall view the site for
installation of the culvert and determine the position and diameter
of the culvert necessary to provide adequate drainage.
(3)
Existing driveway situations. The owner of a driveway
existing at the time this section originally became effective may
be required to install a culvert if such existing driveway shall impede
the flow of surface water. The Supervisor of Public Works shall advise
the City Council of any driveway which intersects with a public street
that impedes the flow of surface water, and the City Council shall
order the owner thereof to install a proper culvert as directed by
the Supervisor of Public Works. The cost of such installation shall
be borne by the owner. If the owner refuses or neglects to install
a culvert, the City shall, after notice to the owner, proceed to make
such installation and charge the cost thereof to the owner. If such
costs are not paid by November 1, the City Administrator shall place
the charges on the tax roll in the same manner as a special assessment
to be collected with real estate taxes.
(4)
Size. Culverts shall be installed prior to construction
work being commenced on the property served. No pipe smaller than
12 inches in diameter (or equivalent elliptical or arch pipe) will
be allowed. All culverts shall be constructed of galvanized steel
or reinforced concrete and shall be of new manufacture, unless specifically
excepted by the Supervisor of Public Works. Polyvinyl chloride (PVC)
plastic pipe may only be used if a ditch is 12 inches or less in depth.
(5)
Gauge.
(a)
The minimum wall thickness for the galvanized
steel pipe culverts shall be in accordance with the following:
|
Pipe Diameter
(inches)
|
Gauge
| |
|---|---|---|
|
15 to 24
|
16
| |
|
30 to 36
|
14
| |
|
42 to 54
|
12
| |
|
60 to 72
|
10
| |
|
78 to 84
|
8
|
(b)
The class of reinforced concrete pipe shall
be in accordance with the following:
|
Height of Cover
(feet)
|
Class of Pipe
| |
|---|---|---|
|
0 to 2
|
IV
| |
|
2 to 3
|
III
| |
|
3 to 6
|
II
|
(6)
Drainage. The culverts shall be placed in the ditchline
at elevations that will assure proper drainage.
(7)
End walls. Culverts shall be provided with concrete
or metal apron end walls as directed by the Supervisor of Public Works.
(8)
Backfill material. Material used for backfill shall
be of a quantity acceptable to the Supervisor of Public Works and
shall be free from frozen lumps, wood, or other extraneous or perishable
materials. The minimum cover, measured from the top of the pipe to
the top of the subgrade, shall be six inches.
(9)
Erosion control. Erosion control measures shall be
implemented as necessary to control erosion or as directed by the
Supervisor of Public Works.
(10)
Distance. The distance between culverts under successive driveways shall not be less than 10 feet except as such restricted area is permitted to be filled pursuant to Subsection A(6).
(11)
Cost. The property owner shall install the culvert
and be responsible for the cost thereof. The property owner shall
keep his/her culverts unobstructed and clean.
(12)
Appeal. Persons may request a variance from
the culvert requirements of this section by filing a written appeals
request with the City Administrator, who shall place the matter as
an agenda item for the City Council's next meeting. The City Council
may only waive the requirement for a culvert upon a finding that unique
physical characteristics of the location in question render a culvert
unnecessary. The Supervisor of Public Works may be asked to render
an opinion on the request.
