It shall be unlawful for any person to throw
or deposit any weeds, sod, brush, cans, glass, gravel, stones, boulders,
dirt, machinery, garbage or other waste or rubbish in or on the right-of-way
of any highway located in the Town of Cedarburg.
[Amended 3-3-1999 by Ord. No. 1999-5; 11-18-2004 by Ord. No.
2004-14; 10-4-2006 by Ord. No. 2006-11]
A. Driveways and culverts required. No person, partnership,
company or corporation shall, by means of a vehicle, enter or cause
to enter any parcel or parcels of land from any Town road or highway,
unless a culvert and gravel driveway have been provided for said parcel(s)
of land, unless deemed unnecessary by the Town Director of Public
Works.
B. Driveway/culvert permit required. No person shall,
in the right-of-way, construct, repair or reconstruct any driveway
or install any culvert without having first obtained a permit from
the Town, the fee for which shall be determined by resolution of the
Town Board, as set forth in the Town schedule of fees. Such permit
shall be issued in a timely manner upon a form provided by the Town.
Applications for a permit should be made at least three business days
in advance of the intended installation. The Town shall not issue
driveway permits for private easements that provide access to landlocked
parcels.
C. Installation requirements. All driveways installed,
altered, changed, replaced, or extended shall meet the following requirements
and must be approved as to location by the Town.
(1) Openings for vehicular ingress and egress shall be:
(a)
For residential properties, a minimum of 10
feet at the lot line and a maximum of 25 feet at the roadway.
(b)
For agricultural properties, a minimum of 18
feet at the lot line and a maximum of 35 feet at the roadway.
(c)
For commercial properties, a minimum of 35 feet
at the lot line and a maximum of 50 feet at the roadway.
(d)
Unsurfaced access driveways, a maximum of 12
feet at the roadway with only vegetated surfaces allowed.
(2) No driveway shall be closer than 75 feet to an intersection
of two streets as measured from the intersection of the right-of-way
lines. 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) No part of any driveway or culvert installation shall
be located closer than six feet to any lot line or extension thereof.
(4) Islands between driveway openings shall be provided
with a minimum of 12 feet between all driveway culverts.
(5) No driveway apron shall extend out into the street
farther than the near edge of the Town road pavement, and under no
circumstances shall such driveway apron extend above any road pavement
surface. All driveway entrances and approaches shall be so 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.
The driveway surface shall slope away from the roadway pavement at
a slope matching the adjacent shoulder or a minimum of 0.02 foot per
foot.
(6) Driveways shall in all cases be placed wherever possible
as to not interfere with utilities in place. Any costs of relocating
utilities shall be the responsibility of the property owner. Approval
of the Town is necessary for relocating utilities.
(7) Driveway pavement materials within the Town right-of-way
shall be compatible with adjacent Town pavement material, limiting
it to crushed gravel, crushed rock and asphaltic concrete products.
Concrete pavements shall end a minimum of 10 feet from the Town road
pavement. Oil or petroleum products shall not be used in right-of-way
areas where they can be tracked onto and affect the Town roadway.
The bottom course of the driveway may be constructed of large-size
crushed stones or rock, except along that part adjacent to the culvert
pipe, and the upper course, at least, shall consist of medium well-graded
crushed gravel or fine-to-medium well-graded crushed rock. In no case
shall the granular material or subsequent permanent surfacing be constructed
higher than the adjacent highway pavement.
(8) The maximum number of driveway openings for vehicular
ingress and egress permitted for lots with a continuous road frontage
equal to or greater than 150 feet shall be two if the driveways do
not meet an arterial road as defined by the Comprehensive Land Use
Plan. The maximum number of driveway openings for vehicular ingress
and egress permitted for lots with a continuous road frontage equal
to or less than 150 feet shall be one. Parcels bordering on more than
one nonarterial road may have one improved driveway opening on each
road. For all new driveway culvert permits issued after May 9, 2008,
the portion of the driveway within the adjacent road right-of-way
shall be paved in asphalt within one year of occupancy. The portion
of the driveway(s) outside of the right-of-way may be improved or
unimproved. Agricultural parcels upon which actual agricultural activities
are practiced may average one unimproved driveway opening per field.
Road frontage is measured as the continuous length along the right-of-way
of a single road.
[Amended 5-7-2008 by Ord.
No. 2008-12]
(9) All culverts shall be 15 inches in diameter or larger
as specified by the Town and as follows:
(a)
Maximum length shall be 30 feet for residential.
(b)
Maximum length shall be 50 feet for others or
as approved by the Town Director of Public Works.
(c)
Minimum length shall be 20 feet.
(d)
Maximum length for unsurfaced access culverts
shall be 12 feet.
(e)
Distance between culvert ends is 12 feet or
as approved by the Town Director of Public Works.
D. Shared driveway. No person, firm, company, or corporation
shall construct or permit to be constructed within the Town any driveway
arranged or planned to serve more than one parcel of land used for
residential, agricultural or commercial purposes unless approval shall
first be obtained from the Town, following approval of the plans (location,
width, maintenance, utilities and general plans) for such driveway
by the Town Board. A shared driveway may serve a maximum of seven
parcels. Parcels with adequate road frontage may have access to the
shared driveway. A shared driveway that provides access to a lot shall
be no less than 12 feet wide and is required to have a turnout at
least every 250 feet for vehicle access and passage. All officially
approved shared driveway agreements shall run with the land and shall
be recorded in the Ozaukee County Register of Deeds.
[Amended 9-5-2007 by Ord. No. 2007-10; 5-7-2008 by Ord. No. 2008-12]
Any person, persons, partnerships, company or corporation who or which violates any provision in §
279-6 or
279-7 shall pay, when a permit fee is required, double the specified fee and shall remove, alter or correct the installation as ordered by the Town. If the owner or occupant does not correct the installation as ordered by the Town within the allotted time, the correcting of the installation shall be done by the Town and the expense thereof shall be charged to the property as a special assessment, after notice and hearing.
The permittee shall assume all responsibility
for any injury or damage to persons or property resulting directly
or indirectly during construction or repair of driveway approaches
or entrances. The new construction shall be of acceptable material
and provided in a neat, workmanlike manner. Driveway surfaces shall
connect with the street pavement and sidewalk in a neat, workmanlike
manner.