[HISTORY: Adopted by the Town Board of the Town of Koshkonong as Title 6, Ch. 4, of the 1996 Code. Amendments noted where applicable.]
[Amended 3-13-2019 by Ord. No. 1; 2-10-2021; 2-11-2026 by Ord. No. 20260211-1]
A. 
Purpose. For the safety of the general public, the Town of Koshkonong shall determine the location, size, construction and number of access points to public roadways of the Town within the Town limits. It is the Town'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. 
Culvert requirement. No person shall construct any driveway or private road in a public right-of-way of the Town of Koshkonong without complying to the culvert requirements. Included within the scope of this requirement are commercial driveways.
C. 
Driveway permit required; application; fee.
(1) 
Permit requirement. No person shall locate, establish, construct, or alter a private driveway, road, or other access from a private property line to the traveled portion of any public Town road without first filing an application and obtaining a driveway permit from the Town of Koshkonong.
(2) 
Application. Application for such permit may be made to the Town Clerk. The request for such permit shall be in writing signed by the owner of the real estate affected and/or his agent and shall include design specifications and a drawing depicting the location and orientation of the proposed right-of-way access and culvert in relationship to the real estate involved and the adjacent road, street, or highway.
(3) 
Review. The Town of Koshkonong or representative shall review all applications using this chapter and the data and findings from the Driveway Inspection Report as shown in § 432-2 in issuing driveway and culvert permits.
(4) 
Fee: The applicable fee shall be the amount listed in the Town of Koshkonong Fee Schedule[1] as approved by the Town Board.
[1]
Editor's Note: The Fee Schedule is on file in the Town office.
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 the property and not for the purpose of parking or servicing vehicles, advertising, storage or merchandising of goods within the dedicated portion of the Town road or street, or for any other purpose.
(2) 
The Town, notwithstanding the construction of such driveway, reserves the right to make any changes, additions, repairs or relocations within the dedicated portion of the Town road or 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 Town of Koshkonong, 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 Town 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 said driveway within the dedicated portion of the Town road or 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 Town 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 residential or commercial property fronting on a street shall be one, except where deemed necessary and feasible by the Town Board approval for reasonable and adequate service to the property, considering the safety, convenience and utility of the street, and driveways may be approved for commercial and other use areas where deemed reasonable.
[Amended 3-13-2019 by Ord. No. 1]
(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(5).
(4) 
Drainage. The surface of the driveway connecting with 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. No driveway apron shall extend out into the street further than the road edge or face of the curb, and under no circumstances shall such driveway apron extend into the gutter area where there is curbing. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of streets, side ditches, or roadside areas or with any existing structure on the right-of-way. All driveways and parking lots shall be graded in such way to limit water that reaches the roadway.
[Amended 3-13-2019 by Ord. No. 1]
(5) 
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 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.
[Amended 3-13-2019 by Ord. No. 1]
(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.
(6) 
Relocation of utilities. Any costs of relocating utilities shall be the responsibility of the property owner.
[Amended 3-13-2019 by Ord. No. 1]
(7) 
Slope. No land with a slope of more than 25% shall be disturbed for the establishment, construction, improvement, modification or reworking of a driveway. The maximum final slope of the driveway or any portion of the driveway shall be no more than 13%.
[Added 3-13-2019 by Ord. No. 1]
(8) 
Turnaround. A driveway over 300 feet must have a turnaround with a radius of at least 90° or a fifty-foot turning radius, or a turnaround approximately halfway between the house and road.
[Added 3-13-2019 by Ord. No. 1]
(9) 
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. A variance will not be granted unless the person requesting the variance assumes all responsibility for the deviations from the above requirements and releases the Town from all liability thereof.
[Amended 3-13-2019 by Ord. No. 1]
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. Unless special permission is first received from the Town Board, or committee thereof, a residential single-type driveway shall be no greater than 26 feet wide at the curbline or pavement edge and 18 feet wide at the outer or street edge of the sidewalk; residential double-type driveways shall be no greater than 26 feet wide at the curbline and 24 feet wide at the outer or street edge of the sidewalk.
(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.[1]
[1]
Editor's Note: Former Subsection C(3), regarding driveway surface material, which immediately followed, was repealed 7-20-2022.
D. 
Appeal from permit refusal. The permittee may appeal any refused permits to the Town Board within 20 days after such refusal to issue such permit is made.
[Amended 3-13-2019 by Ord. No. 1]
E. 
Prohibited driveways and/or filling.
(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 Koshkonong 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 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.
(3) 
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.
(4) 
Drainage from driveways shall run into adjacent ditches and not onto the road pavement.
(5) 
Filling of ditches and/or culverts located within a public right-of-way is prohibited without written approval from the Town.
(6) 
The placement of lawn sprinkler pipes in a road right-of-way is prohibited.
F. 
Culvert construction standards.
(1) 
Size. Culverts shall be installed prior to construction work being commenced on the property serviced. No pipe smaller than fifteen-inch diameter (or equivalent elliptical or arched pipe) will be allowed unless otherwise designated during the driveway permit process. All culverts shall be constructed of galvanized steel, reinforced concrete, plastic or/and Town-approved materials, and shall be of new manufacture, unless specifically excepted by the Town Engineer and/or Town Board designee.
[Amended 3-13-2019 by Ord. No. 1]
(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 ditchline at elevations that will assure proper drainage.
(4) 
Endwalls. Culverts shall be provided with a concrete or metal apron endwalls as directed by the Town Engineer and/or Town Board designee.
[Amended 3-13-2019 by Ord. No. 1]
(5) 
Backfill material. Material used for backfill shall be of a quality acceptable to the Town Engineer 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 Town Engineer and/or Town Board designee.
[Amended 3-13-2019 by Ord. No. 1]
(7) 
Cost. The property owner shall install the culvert and be responsible for the cost thereof.
(8) 
Appeal. Persons may request a variance 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 the requirement for a culvert upon a finding that unique physical characteristics of the location in question render a culvert unnecessary. The Town Engineer and/or Town Board designee may be asked to render an opinion on the request.
[Amended 3-13-2019 by Ord. No. 1]
G. 
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 § 432-1C(4) above. If a property owner refuses to comply with the chapter, the Town may install the culverts and charge back the cost or additional cost thereof as a special charge pursuant to §  66.0627, Wis. Stats.