[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as Title 6, Ch. 3, of the 1998 Code. Amendments noted where applicable.]
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.
A.
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 Brandon without first obtaining a driveway permit therefor as provided
by this chapter. A driveway permit is not required when a new driveway
is to be constructed in conjunction with the construction of a new
principal structure; the driveway is included in the building permit
process in such cases.[1]
B.
Application. Application for such permit shall be made to the Village
Clerk 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. There
is a fee as set by the Village Board for a driveway permit. 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 Village Clerk shall approve such application
if the proposed driveway complies with the terms and conditions of
this chapter and any other applicable Village ordinance.[2]
C.
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/her successors or assigns, agrees to indemnify
and hold harmless the Village of Brandon, 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.
D.
Appeal from permit refusal. Any person feeling himself/herself aggrieved
by the refusal of the Village Clerk 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.
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 Village Board,
and driveways shall in all cases be placed wherever possible 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 Village Board 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 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.
E.
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 apron from the
street and/or curb to the outer edge of the adjacent sidewalk (or
where a sidewalk would typically be constructed) shall be paved. 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.
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 Village
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 Village Board.
G.
Relocation of utilities. Any costs of relocating public utilities
shall be the responsibility of the property owner, with approval of
the Village Board or authorized committee thereof necessary before
any utility may be relocated and the driveway installed.
H.
Construction across sidewalks. All driveway entrances and approaches which are constructed across sidewalks shall be of concrete constructed in accordance with the requirements for sidewalk construction in § 404-5 of this Code insofar as such requirements are applicable, including thickness requirements.
I.
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.
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 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.
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 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 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 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.
B.
Angular placement. The center line of the driveway may be parallel
to the property line of the lot where access is required or at right
angles to the curbline.
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 Brandon 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.
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.
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 made of new manufacture, unless specifically
excepted by the Village Clerk or Village Engineer.
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 Village Engineer.
E.
Backfill material. Material used for backfill shall be of quantity
acceptable to the Village Engineer or Village Clerk 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 Village Engineer
or Village Clerk.
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 § 245-3F.
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 appeals request with the Village
Clerk, who shall place the matter as an agenda item for the Village
Board's next meeting. The Village Board 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 Village
Engineer or Village Clerk may be asked to render an opinion on the
request.
