Editor's Note: This ordinance superceded former Art. III, Culverts, adopted 7-9-1995 by Ord. No. 27.
Entitled the "Village of Superior Driveway and Culvert Installation on Right-of-Way," the purpose of this article is to provide for a regulation relating to the installation of new or reconstructed driveways and culverts.
No person shall hereafter lay, install or reconstruct any driveway or install or reconstruct a culvert in connection therewith in the Village right-of-way within the Village of Superior without first obtaining a permit from the Village of Superior. Permits must be obtained and any fees paid before the issuance of any building permit.
Every such permit application shall describe the public road adjacent to the culvert or driveway or location of the culvert or driveway, the nature of the work being undertaken by the applicant, the applicant's name and address, the property owner's name and address (if different from the applicant's) and the estimated dates of commencement of work and completion of work. Permits shall be issued by the Village Board and/or Public Works Director on its designated form.
Culvert. When required to provide for adequate surface water drainage along the road, the property owner shall provide and maintain any necessary culvert pipe at his/her own expense. The culvert, if needed, shall be of a type which will withstand the nature and type of traffic to be driven over it. The culvert shall be of such diameter to facilitate the drainage of water common to that area through said culvert. All driveway culverts will be a maximum length of 24 feet and 10 inches in diameter. Any longer of a length will require a variance from the Village Board. All excavation for culverts in the right-of-way will be done in a workmanlike manner so as not to obstruct traffic, and said excavation will be completed in such a way as to cause minimal inconvenience to the public.
Elevation. The driveway shall be crowned so as to direct the runoff water away from the roadway and into the ditch. Any excavation or lawn seeding must slope away from the shoulder of the road for a minimum distance of four feet at a minimum 6 to 1 grade. The property owner shall make another application to the Village of Superior for permission to place asphalt surfacing on the driveway if planned subsequent to the original culvert installation.
Obstructions. There will be no obstruction in connection with the construction of the driveway or the installation of a culvert to be placed in the right-of-way of any highway, street or road in the Village of Superior at an elevation any higher than the finished grade of the roadway adjacent thereto.
Use of driveway during construction. All driveways shall be in place before any type of construction begins. The driveway shall provide the only means of ingress to or egress from the construction site. Any damage to the Village road right-of-way, including the road surface, shall be repaired at the property owner's expense and in accordance with the Village of Superior Road Ordinance. All repairs must be completed before an occupancy permit will be issued.
Culverts for a sidewalk or pedestrian entrance shall be a minimum of 10 inches in diameter with a minimum length of four feet and a maximum length of six feet. A minimum spacing between driveway culvert and pedestrian (sidewalk) culvert of 10 feet must be maintained. Any additional culvert lengths will require a variance by the Village of Superior Zoning Board.
If a property owner feels a hardship has been created due to the unusual slope or terrain of the property in the Village Road right-of-way, said property owner may appeal to the Village Board for a variance on the conditions set forth above.
Any person who shall violate provisions of this article shall remedy and correct such violation within 30 days of notification in writing by the Village Board.
Any driveway or culvert installed upon, under, or over any highway right-of-way without a permit, or any such driveway or culvert which is installed contrary to the terms and conditions of the issued permit or of this article, shall be deemed a highway encroachment. The culvert shall be subject to removal, pursuant to § 86.04, Wis. Stats., as it presently exists or as it may hereafter be amended or renumbered. Failure to obey an order for removal under § 86.04, Wis. Stats., may result in a per-diem forfeiture and the recovery of the Village's costs of removal.
Any person or entity violating any provision of this article shall be penalized in accordance with § 60.61, Wis. Stats. This fee, not to exceed $197 per day, will be enforced by the Village Board.
The permit fee shall be set at the amount of $15.