[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 6, Ch. 4, of the 1996 Code. Amendments noted where applicable.]
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.
[Amended 3-13-2019 by Ord. No. 1]
C.
Driveway permit required; application; fee.
[Amended 3-13-2019 by Ord. No. 1]
(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. At the time of making application for a driveway permit, the
applicant shall pay a fee as provided in the Town Fee Schedule.[1] At the time of paying the fee, the applicant shall also
post an escrow in the amount of $450. In the event it is necessary
for the Town Engineer to inspect the driveway on more than one occasion,
a charge of $100 per each additional site inspection shall be charged
and paid from the escrow fund. Any balance remaining of the escrow
at the time of issuance of the permit shall be reimbursed to the applicant
within 30 days after issuance of the permit.
[Amended 2-10-2021]
[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.
[Amended 3-13-2019 by Ord. No. 1]
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.
