For the safety of the general public, the Village of New Glarus 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.
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 New
Glarus without first obtaining a driveway permit therefor as provided by this
chapter, except alteration by surfacing or resurfacing of a lawfully existing
driveway with asphalt, cement or other like material which makes no significant
change in the size, location, grades, elevations, drainage water flows or
any required design standards. 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.
Application for such permit shall be made to the 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. The fee for such permit shall be as set by the Village Board.
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 Director of Public Works shall approve such application
if the proposed driveway complies with the terms and conditions of this chapter
and any other applicable Village ordinance.
All driveway permit applications shall contain the applicant's statement
that:
A. 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.
B. 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.
C. The permittee, his successors or assigns, agrees to indemnify
and hold harmless the Village of New Glarus and 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.
D. 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.
The location, design and construction of driveways shall be in accordance
with the following:
A. 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 so as not to
interfere with utilities in place.
B. 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 Director of Public Works for reasonable and adequate service
to the property, considering the safety, convenience and utility of the street.
C. 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
F of this section.
D. 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.
E. Reconstruction of sidewalks or 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.
F. Restricted areas. The restricted area between successive
driveways may be filled in and graded only when the following requirements
are complied with:
(1) 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.
(2) 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.
(3) 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
Director of Public Works.
G. 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.
H. 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 §
262-2 of this Code, insofar as such requirements are applicable, including thickness requirements.
I. Variances. Any of the above requirements may be varied
by the Village Board, upon the recommendation of the Director of Public Works,
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.
The following regulations are applicable to driveways serving commercial
or industrial establishments:
A. 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.
B. Angular placement of driveway. The angle between the
center line of the driveway and the curbline shall not be less than 45º.
C. 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.
The following regulations are applicable to driveways serving residential
property:
A. 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.
B. 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.
Any person feeling himself aggrieved by the refusal of the Director
of Public Works 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.