[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 6, 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 Kimberly without first obtaining a permit therefor as provided
by this chapter.
C.
Application. Application for such permit shall be made to the Building
Inspector 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 of $5. 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 Building Inspector shall approve such application if the proposed
driveway complies with the terms and conditions of this and any other
applicable Village ordinance.
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 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.
(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 of Kimberly, 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 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 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. In the case of a property with access from
an alley, the number of driveway access shall be one, be it either
from the street or from the alley. This rule shall apply to each property,
except where deemed necessary and feasible by the Village Board for
reasonable and adequate service to the property, considering the safety,
convenience and utility of the street or alley.
(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 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. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in § 430-5 of this Code insofar as such requirements are applicable, including thickness requirements. Standard thickness of driveway approaches and sidewalks within the approach will be six inches thick.
(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 Street
Commissioner 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 Street Commissioner.
(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.[1]
(9)
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 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 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 45°.
(3)
Island areas. Where the public sidewalk is adjacent to the curb,
an island of a minimum length of 10 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 five 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 27 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 Village
Administrator to issue a permit for a private driveway may appeal
such refusal to the Village Board within 20 days after such refusal
to issue such permit is made.
A.
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 Kimberly except as permitted by this chapter. As
used herein, the word "structure" includes private driveway, 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
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 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.
