[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Title 6, Ch. 3, of the 1993
Code of Ordinances), as amended through 2-17-2015. Subsequent 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 Spencer without first obtaining a sidewalk permit therefor as provided
by this chapter. A sidewalk permit is not required when a new sidewalk
is to be constructed in conjunction with the construction of a new
principal structure; the sidewalk is included in the building permit
process in such cases.
C.
Application. Application for such permit shall be made to the Village
Administrator-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 fee for a driveway permit, when required, is as set
by resolution of 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 Village Administrator-Clerk/Treasurer shall approve
such application if the proposed driveway complies with the terms
and conditions of this and any other applicable Village ordinance.[1]
D.
Application provisions. All driveway permit applications shall contain
the following statements:[2]
(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, agrees to indemnify and
hold harmless the Village of Spencer, 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, 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.
(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(6).
(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)
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.
(6)
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 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.
(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 Village Board.
(7)
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.
(8)
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 § 418-5 of this Code of the Village of Spencer insofar as such requirements are applicable, including thickness requirements.
(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 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.
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.
Appeal from permit refusal. Any person feeling himself aggrieved
by the refusal of the Village Administrator-Clerk/Treasurer 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.
E.
Prohibited driveways.
(1)
No person, firm or corporation shall place, construct, locate in,
or cause to be placed, constructed or located in, any obstruction
or structure within the limits of any public road, highway or street
in the Village of Spencer except as permitted by this section. As
used herein, the word "structure" includes private driveways, 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 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 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.
F.
Culvert construction and standards.
(1)
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
accepted by the Village Board or Village Engineer.
(2)
Gauge.
(a)
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
|
(3)
Drainage. The culverts shall be placed in the ditch line at elevations
that will assure proper drainage.
(4)
Endwalls. Culverts shall be provided with concrete or metal apron
endwalls as directed by the Village Engineer.
(5)
Backfill material. Material used for backfill shall be of quantity
acceptable to the Village Engineer or Village Administrator 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.
(6)
Erosion control. Erosion control measures shall be implemented as
necessary to control erosion, or as directed by the Village Engineer
or Village Administrator.
(7)
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 Subsection A(6).
(8)
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.
(9)
Appeal. Persons may request a variance from the culvert requirements
of this section by filing a written appeals request with the Village
Administrator-Clerk/Treasurer, 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 Administrator may be
asked to render an opinion on the request.
