[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Title 4, Ch. 3 of the 1988 Code. Amendments noted where
applicable.]
A.
Purpose. 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.
B.
Permit required to construct, reconstruct, alter or
enlarge. 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 Village of Siren without first obtaining a permit therefor as
provided by this chapter.
C.
Application. Application for such permit shall be
made to the 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. 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 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.
D.
Application provisions.
(1)
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 Village street, or for any other purpose.
(b)
The permittee, his successors or assigns agree to indemnify and hold
harmless the Village of Siren, 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.
(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 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.
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) hereof.
(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 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.
(9)
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 § 464-4 of this Code insofar as such requirements are applicable, including thickness requirements.
(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. Commercial and industrial driveways
shall follow State of Wisconsin guidelines for driveway width and
entrances.
[Amended 2-10-2011 by Ord. No. 2011-01; 9-10-2020 by Ord. No. 2020-05]
(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 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 that 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.
D.
Additional restrictions.
(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 Village of Siren 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 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.
(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.
