[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 6, Ch. 3, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent amendments noted where applicable.]
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 Winneconne without first obtaining a driveway permit as provided
by this chapter.
C.
New construction. A driveway permit is required for a new driveway
to be installed in conjunction with the construction of a new principal
structure; the driveway is not included in the building permit process
in such cases.
D.
Application. Application for such permit shall be made to the Clerk-Treasurer
or Director of Public Works 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.
E.
Fee. There shall be a fee for a driveway permit as determined by
the Village Board. Upon receipt of the application and the fee, the
Clerk-Treasurer or Director of Public Works shall approve such application
if the proposed driveway complies with the terms and conditions of
this and any other applicable Village ordinance.
F.
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/her
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/her successors or assigns, agrees to indemnify
and hold harmless the Village of Winneconne, 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.
G.
Maintenance. 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.
[Amended 1-16-2018]
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 Public Works Committee,
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 property fronting
on a street shall be:
[Amended 7-18-2023]
(a)
One per residential property;
(b)
Two per commercial unit if the frontage is greater than 300 feet;
(c)
Except where deemed necessary and feasible by special permission
from the Public Works Committee for reasonable and adequate service
to the property, considering the safety, convenience and utility of
the street.
(3)
Drainage. The surface of the driveway connecting to noncurbed or
rural-type street cross sections shall slope downward and away from
the highway shoulder a sufficient distance to preclude ordinary surface
water drainage from flowing onto the street roadbed.
(4)
Reconstruction of sidewalks and curb and gutter. When the construction
of a driveway requires the removal of a curb and gutter, the new connections
shall be of equivalent acceptable material and curb returns shall
be provided or restored in a neat, workmanlike manner. The driveway
surface shall be connected with the highway pavement and the sidewalk,
if any, in a neat, workmanlike manner.
[Amended 7-18-2023]
(a)
The driveway apron from the street and/or curb to the outer
edge of the adjacent sidewalk (or where a sidewalk would typically
be constructed) shall be paved with concrete.
(c)
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. Reconstructed or new sidewalks shall meet the construction standard of Chapter 460, Streets and Sidewalks, Article II, Construction and Repair of Sidewalks, of the Code of the Village of Winneconne.
(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 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.
(b)
Where drainage is by means of curb and gutter and if adjacent
property slopes allow, drainage from the property side edge of the
sidewalk line shall be directed toward the curb and gutter. Drainage
behind the property side edge of sidewalk line shall be directed away
from the curb and gutter.
(c)
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 as determined
by the Director of Public Works.
(d)
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 Public Works Committee.
(6)
Relocation of utilities. Any costs of relocating public utilities
shall be the responsibility of the property owner with approval of
the Public Works committee before any utility may be relocated and
the driveway installed.
(7)
Special exceptions. Any of the requirements in this chapter may be
varied by the Public Works Committee in such instances where the peculiar
nature of the property or the design of the street may make the rigid
adherence to these requirements impossible or impractical. A person
applying for a special exception shall complete an application in
the form required by the Public Works Committee and shall pay a fee
in the amount determined by the Public Works Committee at the time
the application is filed. A special exception may be granted by the
Public Works Committee if the Public Works Committee determines:
(a)
There are special circumstances related to the property or its
use that justify a driveway of a greater width than normally permitted;
(b)
Granting the special exception will not have a material adverse
effect on any other property;
(c)
Granting the special exception will not adversely affect surface
water drainage, snow removal or public safety; and
(d)
Granting the special exception is not otherwise contrary to
the public interest and will not set an improper precedent.
