[HISTORY: Adopted by the Village Board of the Village of
Kronenwetter 5-14-2012 by Ord. No. 12-10; amended in its entirety 2-13-2018 by Ord. No. 18-02. Subsequent amendments noted where applicable.]
These policy regulations are adopted under the general authority
granted to the Village of Kronenwetter pursuant to §§ 61.34(1),
83.027(10), 86.04, 86.07(2), Wis. Stats.
A.
Upon the effective date of this chapter, no person shall construct,
reconstruct, or expand any access providing direct movement to or
from any roadway operated and maintained by the Village without possession
of a roadway access permit approved and issued by the Village.
B.
Upon issuance of a permit, the owner shall perform all work in compliance
with the terms of the permit and associated design and construction
standards defined in this chapter.
(1)
No verbal or other informal approval shall be considered valid.
(2)
In no event shall access be allowed or permitted if it is determined
to compromise public health or safety.
(3)
Vehicular access to or from any property adjoining a Village roadway
shall be achieved only through an approved access point, designed
and constructed in accordance with Village standards.
As used in this chapter, the following terms shall have the
meanings indicated:
- AASHTO
- The American Association of State Highway and Transportation Officials.
- ACCESS
- Any ingress and egress point from a private or public property that connects that property to a public roadway, providing entrance to the property.
- AGRICULTURAL AND RECREATIONAL DRIVEWAY ACCESS
- An access to nonresidential land use which may include access to agricultural fields, forested land, or other land used solely for recreational purposes.
- APPROACH
- The portion of the driveway in the public right-of-way between the roadway and the private property boundary.
- ARTERIAL ROADWAY
- The main or major travel route within a community that serves as a means of mobility between two activity centers within a community. The Village maintains a list of arterial roadways within the Village.
- COLLECTOR ROADWAY
- The travel route that connects local residential roadways to major travel networks or arterial roadways. The Village maintains a list of collector roadways within the Village.
- CORNER LOT
- A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135°.
- DIRECTOR OF PUBLIC WORKS
- The Director of Public Works for the Village of Kronenwetter.
- DRIVEWAY
- A private road providing access to two or less lots.
- FUNCTIONAL CLASSIFICATION
- A system used to group public roadways into classes according to their purpose of vehicular movement and providing land access.
- ILLEGAL ENCROACHMENT
- An access that was installed or created without following the regulations or permitting process in place at the time of the installation or creation.
- LIMITED ACCESS HIGHWAY
- A trafficway, including freeways and expressways, for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
- LOCAL RURAL ROADWAY
- Roadways servicing remote, countryside properties where posted speeds are greater than 35 miles per hour. Access to property is the major function.
- LOCAL URBAN ROADWAY
- Roadways servicing urban/suburban properties where posted speeds are 35 miles per hour or less. Access to property is the major function.
- MINOR ARTERIAL ROADWAY
- The main or major travel route within a community that serves as a means of mobility between two activity centers within a community, in which private access is not limited by the Wisconsin Department of Transportation and the Federal Highway Commission.
- PAVEMENT
- An artificial impervious surface such as asphalt or concrete used for the final or surface construction layer on roadways, sidewalks, driveways, multiuse paths and parking lots.
- PERMIT
- The Village of Kronenwetter driveway access permit.
- PRINCIPAL ARTERIAL ROADWAY
- Arterial roadways such as interstate, freeways, or expressways in which private access is prohibited by the Wisconsin Department of Transportation and the Federal Highway Commission.
- PUBLIC WAY
- Any sidewalk, street, alley, highway, or other public thoroughfare.
- ROADWAY
- A public or private road providing access to three or more lots.
- STANDARD AASHTO WB-67 DESIGN VEHICLE
- "WB" refers to semitrailers and the number indicates the wheel base length as measured from the front wheel of the truck to the rear-most wheel of the trailer.
- VILLAGE
- The Village of Kronenwetter, Marathon County, Wisconsin.
- VILLAGE BOARD
- The Village of Kronenwetter Board of Trustees.
- VILLAGE STAFF
- Any official employed by the Village of Kronenwetter.
- ZONING ADMINISTRATOR
- Zoning Administrator of the Village of Kronenwetter.
A.
Persons wishing to apply for direct access to a roadway right-of-way
within the Village must submit an application for a Village driveway
permit issued by the Zoning Administrator. Attached with the permit
shall be any of the following items, if determined necessary by the
Village staff:
(1)
Roadway access approach plan and profile;
(2)
Access location sketch, completed by the property owner;
(3)
Complete drainage plan of the site showing impact to the roadway
right-of-way;
(4)
Site map detailing utility locations before and after development
in and along the roadway;
(5)
A subdivision development plan;
(6)
Property map identifying any other access or abutting public roadways.
B.
Upon issuance of a permit, the owner shall certify that he or she
has read and agrees to the terms and conditions under the permit and
Village Code. All new access construction, alteration or manipulation
of existing accesses. A driveway access permit does not require an
additional excavation permit.
D.
The Marathon County Highway Department issues driveway permits and
implements access restrictions on all properties fronting a lettered
county roadway. The County Trunk Highway Access-Driveway Policy shall
govern the issues that arise with driveway installation.
E.
The Wisconsin Department of Transportation requires a permit for
any development that abuts a state trunk highway, enforced under a
variety of statutory and administrative regulations. The Federal Highway
Commission prohibits any driveways on the federal interstate system.
Fees for permits issued under this chapter shall be set by the
Village of Kronenwetter Village Board which shall approve a schedule
of fees for permits issued pursuant to this policy.
A.
If there is a practical difficulty or particular hardship in carrying
out the provisions of this chapter, the applicant may obtain a variance
through application. A variance shall require approval of both the
Zoning Administrator and the Director of Public Works and may only
be granted when the applicant can successfully demonstrate that:
(1)
The additional access would not compromise the safety of Village
roadway users or the operation of the Village roadway.
(2)
Allowing only one access for the parcel would conflict with established
local safety regulations.
(3)
The additional access would not be detrimental to the public health
and safety.
(4)
The purpose of the variance is not based exclusively upon a desire
to make more money out of the property.
(5)
The conditions upon which a petition for a variation is based are
unique to the property for which the variance is sought, and are not
applicable, generally, to other property within the same zoning classification.
(6)
The alleged difficulty or hardship is caused by this chapter and
has not been created by any persons presently having an interest in
the property.
B.
Any variance denied by Village staff may be appealed to the Village
Board.
A.
The anticipated dates of construction shall be included in the application.
The owner shall notify the Village at least 48 hours prior to any
activity within the public roadway right-of-way. The access shall
be completed in a timely and safe manner, within the time schedule
identified on the permit. The Village will perform inspection of the
construction process, and of the completed access, to ensure that
all permit terms and conditions are achieved.
B.
The construction of the access and its appurtenances as required
by the terms and conditions of the permit shall be completed at the
expense of the owner.
C.
The Village may order a halt to any unauthorized access construction
or use. A copy of the permit shall be available for on-site review
at all times. The Village may order minor amendments to address site-specific
conditions. Any ordered amendments may be appealed to the Village
Board.
D.
Permits issued under this chapter shall be deemed expired and void
if the construction of the access has not been completed before the
expiration date identified on the permit. When the owner is unable
to complete construction within the time proscribed, he or she may
request an extension from the Village. Any request for an extension
must be submitted to the Village prior to the permit expiration date.
A.
Upon the completion of any authorized access construction, the owner
shall request from the Village a final inspection of the installation.
B.
The owner shall perform, at the owner's expense, any correction
or modification determined necessary by the Village.
C.
Failure to complete construction and request final inspection within
one year of the date of application shall be considered abandonment
of the access and shall result in termination of the permit.
D.
The owner holds all responsibility for any expenses incurred by the
Village to remove the access and to restore the roadway easement to
its original condition if an access construction is not completed.
The location of existing utility installations on the property
will be the sole responsibility of the owner in locating by contacting
Diggers Hotline prior to any construction. If existing utility installations
are not located and marked within the construction area, a permit
may not be issued and construction may not proceed.
It is the responsibility of the owner to ensure that the use
of the access remains in accordance with the permitted uses allowed
under this policy. Any change in use different from the original permitted
intent shall render the permit void. The terms and conditions of the
permit are binding upon all owners, assigns, successors-in-interest
and heirs.
A.
It is the intent, and shall be the practice, to apply the provisions
of this policy to new accesses onto roadway rights-of-way and to existing
accesses only as defined herein.
B.
An access to a roadway right-of-way within the Village that was appropriately
established (in compliance with the regulations in place at the time
of construction) prior to the adoption of this chapter will be grandfathered
and allowed to remain as is, provided that:
C.
When any change occurs which brings the access into noncompliance with § 419-11B, the reconstruction or relocation of the access shall be required. The owner shall be responsible for all costs associated with reconstruction or other modification of the access and shall apply for required permits, in advance of those activities.
A.
The Village shall remove or cause the removal of any roadway encroachment
not specifically permitted under the provisions of this chapter. The
owner shall be sent a written notice of any illegal encroachment,
access location, or use and a ten-day notification of any pending
action, after which the Village may install barriers across or remove
any access not in compliance with this chapter.
B.
In the event the encroachment presents an immediate hazard to the
general public, the Village has the authority to remove the encroachment
without any notification.
C.
The owner shall be responsible for any expenses incurred by the Village
in any such removal.
Upon the effective date of this chapter, no person(s) may submit
an application for the subdivision of property abutting a Village
roadway unless the subdivision development plan provides that all
parcels created by the subdivision will have access to the roadway
in conformance with this chapter and the Village of Kronenwetter Subdivision
Regulations.
By enforcing standards on access points to private property,
the following guidelines establish levels of access control based
on the functional classification of the Village roadways. The functional
classification accounts for use levels, potential conflicts, urban
and rural landscapes, amongst other elements. In general, it is intended
to separate driveways from each other as much as possible. These are
considered to be minimum guidelines. Consideration may be given to
access locations where site-specific restrictions, both environmental
and built, may limit compliance with these standards. Except for cases
of special approved variance with the Village, corner lots and lots
that adjoin multiple roadways shall only be granted access to the
roadway with the lower functional classification. The separation of
access points is measured from the center line of the approach.
A.
Residential access.
(1)
The standards set forth serve only as minimum separation distance
required between access points. The Village staff shall recommend
separate standards where limitations exist on a site. These spacing
standards should apply to all driveways, under their functional classification,
within the Village. Spacing distances shall be determined from center
line to center line of the access point, as measured from the end
of the paved or impervious surface.
(2)
These requirements intend that with posted speeds, access points
will align or offset at the suggested distance or greater from all
existing or proposed access points.
B.
Principal arterial access. The Village identifies arterial roadways
as interstate, freeways, or expressways. Private access is prohibited
on these roadways by the Wisconsin Department of Transportation and
the Federal Highway Commission.
C.
Minor arterial access.
(1)
No more than one access shall be permitted or provided to an individual
parcel with public road frontage. Except for cases of special approved
variance with the Village.
(2)
All private accesses, intersecting public roadways and other direct
access to minor arterial Village roadways shall be separated by a
minimum of 1,000 feet.
(3)
All accesses must be surfaced with pavement.
D.
Collector access.
(1)
No more than one access shall be permitted or provided to an individual
parcel with public road frontage. Except for cases of special approved
variance with the Village.
(2)
All private accesses, intersecting public roadways and other direct
access to minor collector roadways shall be separated by a minimum
of 500 feet.
(3)
All accesses must be surfaced with pavement.
E.
Local urban access.
(1)
No more than one access shall be permitted or provided to an individual
parcel with public road frontage. Except for cases of special approved
variance with the Village.
(2)
All private accesses, intersecting public roadways and other direct
access to any local urban access roadway shall be separated by a minimum
of 70 feet.
(3)
All private accesses off of a paved road must be surfaced with pavement.
Private accesses off a gravel road may be constructed of gravel.
F.
Local rural access.
(1)
No more than one access shall be permitted or provided to an individual
parcel with public road frontage except for cases of special approved
variance with the Village.
(2)
All private accesses, intersecting public roadways and other direct
access to any local rural roadway shall be separated by a minimum
of 150 feet.
(3)
All private accesses off of a paved road must be surfaced with pavement.
Private accesses off a gravel road may be constructed of gravel.
G.
Commercial/industrial success.
(2)
Commercial and industrial access points shall be limited to access
points necessary to serve the property and shall be reviewed by the
Zoning Administrator and Plan Commission through the site plan review
process.
(3)
Commercial and industrial access points shall be constructed to support
Standard AASHTO WB-67 design vehicle. Interconnected driveways and
parking lots are encouraged in commercial and industrial developments.
(4)
One direct access point to a roadway will be permitted for each commercial
or industrial property.
(a)
Contingent upon the site plan approval, a multiaccess, looping
route may be permitted where seen fit in supporting the needs of the
establishment.
(b)
Increased separation distances may be allowed or required by
the exercise of reasonable judgment of the Zoning Administrator and/or
Director of Public Works.
H.
Agricultural and recreational driveway access.
(1)
Access to agricultural land or any other nonresidential land use
where oversize vehicles may enter the roadway right-of-way shall be
considered in this classification. The owner shall provide an access
design consistent with adopted roadway design standards. The access
shall be designed for the largest vehicle anticipated to use the access.
All agricultural and recreational driveway access off of a paved roadway
must provide a minimum of a gravel approach extending from the existing
roadway surface to the right-of-way line.
By enforcing standards on access points to public and private
property, the following guidelines establish levels of access control
based on the functional classification of the Village roadways. The
functional classification accounts for use levels, potential conflicts,
urban and rural landscapes, amongst other elements. In general, it
is intended to separate access points from each other as much as possible.
These are considered to be minimum guidelines. Consideration may be
given to locations where site-specific restrictions, both environmental
and built, may limit compliance with these standards. The access should
serve as many parcels as possible to reduce the demand for additional
public roadways and for additional direct access to Village roadways.
The separation of access points is measured from the center line of
the approach.
A.
Principal arterial roadway. The Village identifies arterial roadways
as interstate, freeways, or expressways. Access is regulated on these
roadways by the Wisconsin Department of Transportation and the Federal
Highway Commission.
B.
Minor arterial roadway. All intersecting public roadways and other
direct access to minor arterial Village roadways shall be separated
by a minimum of 1,500 feet.
C.
Collector roadway. All intersecting public roadways and other direct
access to minor collector roadways shall be separated by a minimum
of 750 feet.
D.
Local urban access roadway. All intersecting public roadways and
other direct access to any local urban access roadway shall be separated
by a minimum of 350 feet.
E.
Local rural access roadway. All intersecting public roadways and
other direct access to any local rural roadway shall be separated
by a minimum of 750 feet.
All access onto Village roadways shall be designed and located
in accordance with the standards established in this chapter. The
design of all accesses shall be consistent with the adopted roadway
design standards or the standards established by the Village Board.
A.
Width of access.
Use
|
Width at Property Line
|
Width at Roadway
|
Single-family residential
|
12 feet to 20 feet
|
16 feet to 26 feet
|
Multifamily residential
|
16 feet to 24 feet
|
20 feet to 30 feet
|
Commercial/industrial
|
18 feet to 40 feet
|
Based on largest vehicle anticipated to use access
|
Agriculture/recreation
|
Based on largest vehicle anticipated to use access
|
B.
Grade. The maximum acceptable grade shall not exceed 10%. Under certain
circumstances, which must be defined and presented to the Village
Board by the Director of Public Works or Zoning Administrator prior
to the meeting/hearing on the proposal, the Village may require that
the access point grade shall not exceed 6%.
C.
Clearance. All driveways shall provide a driveway corridor at least
12 feet wide with no tree branches or brush extending into the driveway
corridor to a height of 15 feet.
D.
Bridges. All driveways that utilize bridges shall construct all bridges
to support a gross vehicle weight of 50,000 pounds with a minimum
twelve-foot-wide clear travel surface.
E.
Driveway approach construction standards.
(1)
Standards for gravel. Require a minimum six inches of three-quarter-inch
road gravel.
(2)
Standards for asphalt. Minimum of two-and-one-half-inch compacted
depth of surface mix over six-inch compacted three-quarter-inch road
base; no pea gravel allowed.
(3)
Concrete is not permitted for driveway approach within the first
10 feet, except when used with curb and gutter systems.
F.
Brick pavers and decorative concrete are not a permitted material
for driveway approaches.
G.
Alignment. All driveways shall be constructed within 10° of perpendicular
to the accessed roadway center line for the first 20 feet of the access.
(1)
Where possible, driveways should align on opposite sides of the roadway.
(2)
A variance is required for unique or site-specific limitations that
may exist which restrict the applicant from complying with these dimensional
requirements. A variance may not be granted for any driveway that
intersects the roadway at less than 60° under any circumstances.
H.
Vision triangle.
(1)
No visual obstruction shall be located within a vision triangle,
or the space formed by two existing or proposed right-of-way lines
and/or a right-of-way to a private driveway. No structure or sign
may be placed in the clear area of a vision triangle. The clear area
extends from 18 inches to 10 feet above from the average height of
the right-of-way elevation of the adjoining streets and/or an existing
or proposed access/driveway. These constraints are depicted by Figure
419-16A.
(2)
Vision triangle clearance distance measured from the edge of paved
or aggregate roadway surface. Figure 419-16B depicts the vision triangle
and distances based on the functional classification of roadways being
accessed.
I.
Sight distance. Permits shall not be issued for access that allows
any turning movement where the sight distance is not sufficient to
provide for the safe and efficient traffic flow entering or exiting
a Village roadway, or encountering the access while upon the roadway.
(1)
These sight distance standards make assumptions based on observed
tendencies among motorists: a driver's eye height being 3.5 feet
above the access surface and the object to be seen being 3.5 feet
above the intersecting roadway surface.
(2)
The standards are defined for a two-lane roadway that is maintained
all four seasons.
J.
Corner clearance.
(1)
Functional area. The intersection of two roadways contains a functional
area beyond the physical intersection that contains decision and maneuvering
distance. To reduce conflict and promote safety, driveways must be
located outside of this functional intersection area. Locate all driveways
and access points as far as practical from the intersection of two
intersecting rights-of-way. Driveway access is restricted in turning
lanes, which are also located in the functional area of an intersection.
Figure 419-16C
Setback Distance From Intersection
|
Street Functional Type
|
Setback from Intersection
(feet)
| |
---|---|---|
Controlled intersection
| ||
Local urban
|
65
| |
Local rural
|
100
| |
Collector
|
150
| |
Minor arterial
|
200
| |
Noncontrolled intersection
| ||
Local urban (rural/urban)
|
90
| |
Local rural
|
150
| |
Collector
|
200
| |
Minor arterial
|
300
|
(2)
Sight distance. Intersection sight distance, as determined by the
Director of Public Works, using the vision triangle shall be required
in conjunction with intersection setbacks to ensure safety and functionality
on Village roadways. The intersection sight distance figures are defined
for both uncontrolled intersections along with those where vehicles
approach the intersection from a stop or yield.
K.
Common driveways. Common driveways are an effective way to control
the number of access points on to public roadways. When a common driveway
is utilized the following apply:
(1)
A common driveway easement of 30 feet by 30 feet shall be located
on the common boundary between the two lots.
(2)
If located off a paved roadway in the AG-1 or AG-2, or Rural Residential
Zoning District and not required to be completely paved, the owner
must provide a paved approach extending from the existing roadway
surface at least 20 feet or to five feet beyond the right-of-way line,
whichever is greater.
All Village roadways shall be designed and located in accordance
with the standards established in this chapter. The design of all
accesses shall be consistent with the adopted roadway design standards
or the standards established by the Village Board.
A.
Alignment. New roadways shall abut the public roadway within 2°
of perpendicular to the accessed roadway centerline for the first
60 feet of the roadway.
(1)
Where possible, roadways shall align on opposite sides of the roadway.
Where offset access is needed due to certain site limitations, the
same spacing criteria should be followed to ensure reduced conflict
and safe left turning onto the roadway.
(2)
A variance is required for site-specific limitations that may exist
which restrict the applicant from complying with these dimensional
requirements.
B.
Vision triangle.
(1)
No visual obstruction shall be located within a vision triangle,
or the space formed by two existing or proposed right-of-way lines
and/or a right-of-way to a private driveway. No structure or sign
may be placed in the clear area of a vision triangle. The clear area
extends from 18 inches to 10 feet above from the average height of
the right-of-way elevation of the adjoining streets and/or an existing
or proposed access/driveway. These constraints are depicted by Figure
419-17A.
C.
Sight distance.
(1)
Permits shall not be issued for roadways that allow any turning movement
where the sight distance is not sufficient to provide for the safe
and efficient traffic flow entering or exiting a Village roadway,
or encountering the access while upon the roadway.
(a)
These sight distance standards make assumptions based on observed
tendencies among motorists: a driver's eye height being 3.5 feet
above the access surface and that the object to be seen being 3.5
feet above the intersecting roadway surface.
(b)
The standards are defined for a two-lane roadway that is maintained
all four seasons.
(2)
The owner shall be responsible for clearly demonstrating that the
proposed roadway conforms to the sight distance standards set forth
in this chapter.
(a)
In the event that it is impractical to remove, alter, or relocate
an object affecting the sight distance, the Village Board shall elect
to install traffic control devices or design features to remedy the
issue.
(b)
At the discretion of the Village Board, a proposed roadway with
site-specific sight distance issues may be further reviewed by Village
staff, at the expense of the owner. It may be to the benefit of the
owner that a licensed engineer should provide a sight distance design
of the access proposal.
Table 417-17C. Minimum Sight Distance for Uncontrolled
Intersections
| |
---|---|
Posted Speed
(miles per hour)
|
Minimum Sight Distances
(feet)
|
25
|
115
|
30
|
140
|
35
|
165
|
40
|
195
|
45
|
220
|
50
|
245
|
55
|
285
|
Table 417-17D. Minimum Sight Distances Based on Vehicle
Maneuver
| ||
---|---|---|
Vehicle Speed
(miles per hour)
|
Stopping Sight Distance for Left-Turn Maneuver
(feet)
|
Stopping Sight Distance for Crossover and Right-Turn Maneuvers
(feet)
|
25
|
280
|
240
|
30
|
335
|
290
|
35
|
390
|
335
|
40
|
445
|
385
|
45
|
500
|
430
|
50
|
555
|
480
|
55
|
610
|
530
|
(3)
Sight distance. Intersection sight distance, as determined by the
Director of Public Works, using the vision triangle shall be required
in conjunction with intersection setbacks to ensure safety and functionality
on Village roadways. The intersection sight distance figures are defined
for both uncontrolled intersections along with those where vehicles
approach the intersection from a stop or yield.