[HISTORY: Adopted by the Town Board of the Town of Lowell 4-1-2004 as Title 6, Ch. 4, of the 2004
Code of Ordinances. Amendments noted where applicable.]
No person shall construct any driveway or private road in a
public right-of-way of the Town of Lowell without installing a culvert
in full compliance with this chapter. Included within the scope of
this requirement are commercial driveways.
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 established
with special permission from the Town Board or its authorized designee(s).
(2)
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(4).
(3)
Driveway approach to Town road.
(a)
The apron from the center of the culvert to the road pavement
must have a minimum of a three-foot to ten-foot taper on each side
of the apron. Example: If the distance from the center of the culvert
to the pavement is 10 feet, then the apron must be three feet wider
on each side than the width at the culvert.
(b)
The sides of the apron, at least to the culvert, should be beveled
down to grade so as to have no abrupt surface that could damage a
snowplow or create a hazard to any vehicle that should travel off
the pavement.
(c)
No barricade, fence or guard that extends higher than the roadbed
may be constructed in the area from the pavement to the center of
the culvert.
(4)
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 Town
Engineer or the Town Board's designee 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 catch basins are required where the total
culvert length is greater than 300 feet and/or where a bend or curve
in the pipe is required.
(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 Town Board.
(5)
Relocation of utilities. Any costs of relocating utilities shall
be the responsibility of the property owner, with approval of the
Town Board necessary before any utility may be relocated and the driveway
installed.
(6)
Variances. Any of the above requirements may be varied by the Town
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 Town 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 or road edge shall not be less than
70°.
C.
Special requirements for residential driveways. The following regulations
are applicable to driveways serving residential property:
(1)
Width; length. Unless special permission is first received from the
Town Board, or committee thereof, a residential single-type driveway
shall be no greater than 30 feet wide at the curbline or pavement
edge. A driveway serving a residence shall be a minimum of 16 feet
in width for its entire length, except that such driveways shall be
a minimum of 20 feet in width if the driveway exceeds 300 feet in
length; all such driveways over 300 feet shall have an acceptable
turnaround area at their terminus for emergency vehicle use. Culverts
serving such driveways shall be at least 24 feet in length.
(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 or pavement edge.
D.
Prohibited driveways and/or filling or digging.
(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 Town of Lowell except as permitted by this section. As used
herein, the word "structure" includes private driveways, a portion
of which extend into any public road, highway or street, and which
are in nonconformance with this chapter.
(2)
Culverts shall be installed by the Town or its agent. The cost of
such installation shall be paid by the property owner. In the event
of nonpayment, the cost thereof shall be placed against the property
on the tax roll as a special charge. When driveway culverts are installed
along country roads within the Town, the county will bill the Town
for the installation cost; the Town will then bill the affected property
owner.
(3)
No driveway shall be closer than 25 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 Town for effective traffic control or for highway signs or signals.
(4)
The grade of that portion of any private driveway 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.
(5)
Drainage from driveways shall run into adjacent ditches and not onto
the road pavement.
(6)
Filling of ditches and/or culverts or unauthorized digging within
ditches located within a public right-of-way is prohibited without
written approval from the Town.
(7)
The placement of lawn sprinkler pipes in a road right-of-way is prohibited.
E.
Culvert construction standards.
(1)
Size. Culverts shall be installed prior to construction work being
commenced on the property served. Culvert size shall be determined
by the Town Board. All culverts shall be constructed of galvanized
steel or reinforced concrete, and shall be of new manufacture, unless
specifically excepted by the Town Board or its designee.
(2)
Gauge.
(a)
The minimum wall thickness for the galvanized steel 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
|
(b)
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
|
(3)
Drainage. The culverts shall be placed in the ditch line at elevations
that will assure proper drainage.
(4)
Backfill material. Material used for backfill shall be of a quality
acceptable to the Town Board or its designee 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.
(5)
Erosion control. Erosion control measures shall be implemented as
necessary to control erosion.
(6)
Cost. The property owner shall install the culvert and be responsible
for the cost thereof.
(7)
Exceptions. Persons may request an exception from the standards of
this section from the culvert requirements of this section by filing
a written appeals request with the Town Clerk, who shall place the
matter as an agenda item for the Town Board's next meeting. The
Town Board may only waive or modify the requirements for a culvert
upon a finding that unique physical characteristics of the location
in question render a culvert unnecessary. The Town Engineer may be
asked to render an opinion on the request.
F.
Enforcement. All costs incurred by the Town relating to the enforcement
of this chapter or in making the determinations or inspections necessary
hereunder shall be paid by the property owner, including, but not
limited to, Town administrative costs and engineers' and attorneys'
fees. Such costs shall be payable from the permit fee established
in the Town Board's current Fee Schedule. If a property owner refuses
to comply with the chapter, the Town may install the culverts or correct
any damage and charge back the cost or additional cost thereof as
a special charge pursuant to § 66.0627, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
