[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as Title 6, Ch. 3, of the 1993 Code of Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch.
330.
Streets and sidewalks — See Ch.
335.
Subdivision of land — See Ch.
408.
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 Howards Grove without first obtaining a driveway permit therefor
as provided by this chapter. There is no fee for a driveway permit
when a new driveway is to be constructed in conjunction with the construction
of a new principal structure within the Village; the driveway fee
is included in the building permit process in such cases.
C. Application. Application for such permit shall be made to the Village
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. See
the fee schedule for a driveway permit fee. Upon receipt of the application,
the Village Plan Commission or designated representative shall approve
such application if the proposed driveway complies with the terms
and conditions of this chapter 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 Howards Grove, 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.
E. Appeal from permit refusal. Any person feeling himself aggrieved
by the refusal of the Village 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.
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. 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. All driveways
shall be able to accommodate two or more vehicles. Driveways must
be constructed at a ninety-degree angle to a dedicated street.
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. Existing curb and gutter
shall be sawcut at limits of removal. 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.
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 §
335-5 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 35 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°.
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 36 feet at the property line and 40 feet at the
curb opening.
[Amended 6-26-2018 by Ord. No. 2018-02]
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.
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 Howards Grove except as permitted by this chapter. 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.
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.
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 or galvanized steel or reinforced
concrete and shall be made of new manufacture, unless specifically
excepted by the authorized Village representative 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
(in 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 ditch line 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 authorized Village representative
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 authorized Village representative.
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 §
197-2F.
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-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 authorized Village representative may be asked
to render an opinion on the request.