[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996
as Title 6, Ch. 3 of the 1996 Code. 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 Theresa without
first obtaining a driveway permit therefor as provided by this chapter. A
driveway permit is not required when a new driveway is to be constructed in
conjunction with the construction of a new principal structure; the driveway
is included in the building permit process in such cases.
C.
Application. Application for such permit shall be made to the Village Clerk-Treasurer 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. There is a fee for a driveway permit as prescribed by Chapter 167, Fees. Upon receipt of the application and the fee, if required, unless the proposed private driveway is a part of construction for a building or other structure for which a building permit has been applied for, in which case no additional fee is required, the Village Clerk-Treasurer shall approve such application if the proposed driveway complies with the terms and conditions of this chapter and any other applicable Village ordinance.
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 his 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 successors or assigns agrees to indemnify
and hold harmless the Village of Theresa, 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 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.
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 Village 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
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.
(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(6).
(4)
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.
(5)
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. 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 areas which are inadequate or which are or
may be damaged by means of vehicle travel across the sidewalk.
(6)
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)
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.
(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
Village Board.
(7)
Relocation of utilities. Any costs of relocating public
utilities shall be the responsibility of the property owner with approval
of the Village Board or authorized committee thereof necessary before any
utility may be relocated and the driveway installed.
(8)
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 303, § 303-3 of this Code, insofar as such requirements are applicable, including thickness requirements.
(9)
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.
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 Village 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 shall not be less than 45º.
(3)
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.
C.
Special requirements for residential driveways. The following
regulations are applicable to driveways serving residential property:
(1)
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 24 feet at the property line and 30 feet at
the curb opening.
(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.
D.
Appeal from permit refusal. Any person feeling himself
aggrieved by the refusal of the Village Clerk-Treasurer to issue a permit
for a private driveway may appeal such refusal to the Village Board within
20 days after such refusal to issue such permit is made.
E.
Prohibited driveways.
(1)
No person, firm or corporation shall place, construct,
locate, or cause to be placed, constructed or located, any obstruction or
structure within the limits of any public road, highway or street in the Village
of Theresa except as permitted by this section. As used herein, the word "structure"
includes a private driveway, 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 10 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.
(3)
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.
(4)
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.
(5)
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 beyond the culvert spanning the watercourse located in such public
way.
F.
Culvert construction and standards.
(1)
Size. Culverts shall be installed prior to construction
work being commenced on the property served. No pipe smaller than 12 inches
in diameter (or equivalent elliptical or arch pipe) will be allowed. All culverts
shall be constructed or galvanized steel or reinforced concrete and shall
be made of new manufacture, unless specifically excepted by the Director of
Public Works or Village Engineer.
(2)
Gauge. The minimum wall thickness for the galvanized
steel pipe 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
|
(3)
The class of reinforced concrete pipe shall be in accordance
with the following:
|
Height of Cover
(in feet)
|
Class of Pipe
| |
|---|---|---|
|
0 to 2
|
IV
| |
|
Over 2 to 3
|
III
| |
|
Over 3 to 6
|
II
|
(4)
Drainage. The culverts shall be placed in the ditch line
at elevations that will assure proper drainage.
(5)
Endwalls. Culverts shall be provided with a concrete
or metal apron endwalls as directed by the Village Engineer.
(6)
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 subgrade, shall be six inches.
(7)
Erosion control. Erosion control measures shall be implemented
as necessary to control erosion or as directed by the Village Engineer or
Director of Public Works.
(8)
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 Subsection A(6).
(9)
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.
(10)
Appeal. Persons may request a variance from the culvert
requirements of this section by filing a written appeals request with the
Village Clerk-Treasurer, 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.
A.
Permit application. All properties are required to apply for a driveway approach permit in conjunction with a building permit application for principal structure and/or garage. The permit fee as prescribed in Chapter 167, Fees, shall be collected with the building permit application by the Building Inspector. A permit fee is not required when a new approach is to be constructed in conjunction with the construction of a new principal structure. The applicant shall provide a plat survey and a drawing accurately depicting the proposed driveway approach, in accordance with building permit requirements, which shows the location and width of proposed driveway. The center of the driveway shall be staked five feet behind the edge of pavement or curb when the building is staked in the field. The applicant shall complete an application form which requires the applicant to install a paved driveway approach, including, if necessary, the removal and replacement of concrete curb and gutter within one year of occupancy of the building.
B.
Approval. After the location is marked for the proposed driveway,
an inspection performed by the Director of Public Works is required. The Director
of Public Works will approve such application if the proposed approach complies
with the terms and conditions of this section and any other applicable Village
ordinances.
C.
Curb cutting. The property owner or his agent will be responsible
for the costs associated with the curb cutting, sidewalk and driveway approach.
Driveway curb cuts must be performed by the use of truck-mounted, hydraulically
controlled concrete cutting equipment specifically designed for this use.
Any pavement damage as a result of this work must be repaired by the owner
or his agent.
D.
Inspection. The owner or his agent shall notify the Director
of Public Works 24 hours prior to the concrete pour to allow the inspection
of the forms. All sidewalks constructed through the driveway and all approaches
within the street right-of-way shall be concrete with a six-inch minimum thickness.
The concrete used shall be Grade A, air-entrained, six-bag mix, with a minimum
compressive strength of 3,500 psi at 28 days and shall be obtained from a
certified ready mix company. All concrete shall be placed on a compacted crushed
stone or crushed concrete base with a four-inch minimum thickness. The owner
or his agent will be responsible for backfilling behind the curb after the
removal is completed. The Director of Public Works will inspect all work upon
completion. If it is the opinion of the Director of Public Works that the
work performed does not conform to the requirements of this permit, the Village
may remove and replace the work. The expenses incurred by the Village shall
be charged against the property as a special charge. The owner hereby consents
to the imposition of such special charge and waives all rights to notice and
hearing in conjunction therewith.
