[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Title 6, Ch. 3, of the 1995 Code. Amendments noted where
applicable.]
The location, design and construction of driveways shall be
in accordance with the following:
A.
Permit required. No person shall construct, repair or reconstruct
any driveway without having first obtained a permit from the Village
of Fredonia. Such permit shall be issued upon an application form
provided by the Village and shall contain such information as the
Director of Public Works or his designee shall deem necessary. Issuance
shall be conditioned upon complete compliance with the provisions
of this chapter.
B.
Permit fee. The fee for a driveway permit is as stated in the fee
schedule.
C.
General design. Private driveway 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
six feet apart, at least three feet from the lot line, 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.
D.
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.
E.
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 H.
F.
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.
G.
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. Curb head removal
by sawing shall be allowed if it conforms to the specifications and
standards of the Village of Fredonia. 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 area which is inadequate or which
is or may be damaged by means of vehicle travel across the sidewalk.
H.
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 Director
of Public Works 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 Director of Public Works.
I.
Relocation of utilities. Any costs of relocating utilities shall
be the responsibility of the property owner with approval of the Village
Board necessary before any utility may be relocated and the driveway
installed.
J.
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 Chapter 491, Article II, of this Code insofar as such requirements are applicable, including thickness requirements.
K.
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 required 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 75°.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 three feet wider than the garage door opening
or 24 feet (whichever is greater) at the property line, with a maximum
additional six feet at the curb opening.
B.
Angular placement. The center line of the drive shall be at right
angles to the curbline unless authorized by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
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 Fredonia 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.
B.
No driveway shall be closer than 15 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 into the right-of-way without authorization of the Village
Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Driveways shall be surfaced with bituminous asphalt or concrete
within 12 months of occupancy permit or temporary occupancy permit,
whichever comes first.
A.
Size. Culverts shall be installed prior to construction work being
commenced on the property service. 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 reinforced concrete
and shall be of new manufacture, unless specifically excepted by the
Director of Public Works or Village Engineer. Plastic pipe may only
be used following approval by the Director of Public Works.
B.
Gauge.
(1)
The minimum wall thickness for the galvanized steel pipe culverts
shall be in accordance with the following:
|
Pipe Diameter
|
Gauge
| |
|---|---|---|
|
15 to 24 inch
|
16
| |
|
30 to 36 inch
|
14
| |
|
42 to 54 inch
|
12
| |
|
60 to 72 inch
|
10
| |
|
78 to 84 inch
|
8
|
(2)
The class of reinforced concrete pipe shall be in accordance with
the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
|
Height of Cover
(in feet)
|
Class of Pipe
|
|---|---|
|
0 to 2
|
IV
|
|
Over 2 to 3
|
III
|
|
Over 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 a 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 Director of Public Works 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 driveway surface, shall be 10 inches.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Erosion control. Erosion control measures shall be implemented as
necessary to control erosion or as directed by the Village Engineer
or the Director of Public Works.
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 § 241-1H.
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 Director of Public Works may be asked to render an opinion
on the request.
[Amended 11-17-2022 by Ord. No. 2022-6]
