[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 6,
Ch. 3, of the 1993 Code. Amendments noted where applicable.]
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 Marion without first obtaining a permit therefor as provided
by this chapter.
A.
Application for such permit shall be made to the City Clerk-Treasurer
for referral to the Street Superintendent 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 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 Street Superintendent
shall approve such application if the proposed driveway complies with
the terms and conditions of this chapter and any other applicable
City ordinance.
B.
Application provisions. All driveway permit applications shall contain
the following statements:
(1)
That the applicant represents all parties in interest and 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.
(2)
That 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)
That the permittee and his successors or assigns agree to indemnify
and hold harmless the City of Marion and 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)
That 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 so as
not to interfere with utilities in place.
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 the construction of a driveway requires the removal of a curb and 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 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 § 530-5 of this Code 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.[1]
H.
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 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 24 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 area. 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 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 24 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 24 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 Street
Superintendent 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.
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 City of Marion except as permitted by this chapter. 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.
B.
No driveway shall be closer than 15 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.
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 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.
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.
A.
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 Street Superintendent.
B.
Gauge.
(1)
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
|
(2)
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
|
C.
Drainage. The culverts shall be placed in the ditchline at elevations
that will assure proper drainage.
D.
Endwalls. Culverts shall be provided with concrete or metal apron
endwalls as directed by the Street Superintendent.
E.
Backfill material. Material used for backfill shall be of a quantity
acceptable to the Street Superintendent 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.
F.
Erosion control. Erosion control measures shall be implemented as
necessary to control erosion or as directed by the City Engineer.
G.
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 § 322-4F.
H.
Cost. The property owner shall install the culvert and be responsible
for the cost thereof. The property owner shall keep his culverts unobstructed
and clean.
I.
Appeal. Persons may request a variance from the culvert requirements
of this section by filing a written appeal request with the City Clerk-Treasurer,
who shall place the matter as an agenda item for the Common Council's
next meeting. The Common 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 City Engineer
may be asked to render an opinion on the request.
