[HISTORY: Adopted by the Common Council of the City of Oconto Falls 6-8-1999
by Ord. No. 99-011 (Ch. 91). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
That portion of a driveway lying between the travelled portion of
the roadway and the adjacent street or highway right-of-way line.
A.
Purpose. For the safety of the general public, the City
shall determine the location, size, construction and number of access points
to public roadways within the City limits. It is the City'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, cut any curb, or place obstructions in any drainage
ditch within the limits of the dedicated portion of any public street under
the control and jurisdiction of the City of Oconto Falls without first obtaining
a permit therefor as provided by this chapter.
C.
Application.
(1)
Application for such permit shall be made to the City
Administrator - Clerk/Treasurer or designee on a form provided by the City
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 applicant
shall pay a fee as set by the Common Council. Upon receipt of the application
and the fee, if required, unless the proposed private driveway is 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 Administrator
- Clerk/Treasurer or designee shall approve such application if the proposed
driveway complies with the terms and conditions of this chapter and any other
applicable City ordinance.
(2)
All applications for permits shall be made on a form
prescribed by the City and be accompanied by a sketch in duplicate showing
exact location of any:
(a)
Driveway and approaches.
(b)
Property lines.
(c)
Right-of-way lines.
(d)
Intersecting roads, streets or roadways within 300 feet.
(e)
Width of right-of-way.
(f)
Width and type of road surface.
(g)
Distance from right-of-way line to gasoline pumps and
other structures on the site.
(h)
Type of surface and width of driveways and approaches.
(i)
Proposed turning radii.
(j)
Other pertinent information as may be required by the
City, Administrator - Clerk/Treasurer or designee, or Building Inspector.
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 City street, or for any other purpose.
(2)
The City, notwithstanding the construction of such driveway,
reserves the right to make any changes, additions, repairs or relocations
within the dedicated portion of the City 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 agree to indemnify
and hold harmless the City of Oconto Falls, 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 City 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 City street, nor will the City assume responsibility for the removal or
clearance of snow, ice or sleet or the opening of any windrows of such material
deposited upon the driveway as the result of municipal snow removal operations,
whether undertaken by municipal employees or contractors.
E.
Permit expiration. All driveway permits will expire within
eight months of issuance should the applicant fail to construct the driveway
described in the permit.
A.
General requirements.
(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 Administrator
- Clerk/Treasurer or designee, and driveways shall in all cases be placed
wherever possible so 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 Planning Commission 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.
(a)
No driveway apron shall extend out into the street further
than the face of the curb, and under no circumstances shall such driveway
apron extend into the gutter area. All driveway entrances and approaches shall
be so constructed that they shall not interfere with the drainage of streets,
side ditches, or roadside areas or with any existing structure on the right-of-way.
(b)
The surface of the driveway shall not be sloped to drain
onto a neighboring property.
(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. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction noted in the Chapter 420, Streets and Sidewalks, of this Code insofar as such requirements are applicable, including thickness requirements. Standard thickness of residential driveway approaches will be six inches thick.
(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 City Engineer 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
City Engineer.
(7)
Relocation of utilities. Any costs of relocating utilities
shall be the responsibility of the property owner with approval of the Street,
Public Property and Public Works Committee, Water and Light Commission or
Cable Television Commission, as appropriate, 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 paved in accordance with the requirements for sidewalk construction in Chapter 420, Streets and Sidewalks, of this Code insofar as such requirements are applicable, including thickness requirements.
(9)
Apron construction. All driveway aprons shall be paved
with either concrete or asphalt within six months of the date of the establishment
of the driveway.
(10)
Variances. Any of the above requirements may be varied
by the Street, Public Property and Public Works Committee in such instances
where the peculiar nature of the property or the design of the street may
make 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. The maximum permitted width of a commercial
or industrial driveway approach shall be 35 feet at the curbline, except as
increased by permissible radii. In instances where the unique 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 Street,
Public Property and Public Works Committee 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 45°.
(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 City 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 City 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. Unless special permission is first received from
the Street, Public Property and Public Works Committee, a residential single-type
driveway shall be no greater than 18 feet wide at the curbline and 12 feet
wide at the outer or street edge of the sidewalk; residential double-type
driveways shall be no greater than 24 feet wide at the curbline and 18 feet
wide at the outer or street edge of the sidewalk.
(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 Administrator - Clerk/Treasurer or designee
to issue a permit for a private driveway may appeal such refusal to the Street,
Public Property and Public Works Committee within 20 days after such refusal
to issue such permit is made.
E.
Prohibited driveways.
(1)
No person, firm or corporation shall place, construct
or 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 City
of Oconto Falls 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 35 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 City 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 so 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 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 of galvanized steel or reinforced concrete and shall
be of new manufacture, unless specifically excepted by the Administrator -
Clerk/Treasurer or designee.
(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
(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 ditchline
at elevations that will assure proper drainage.
(5)
Endwalls. Culverts shall be provided with concrete or
metal apron endwalls as directed by the Administrator - Clerk/Treasurer or
designee.
(6)
Backfill material. Material used for backfill shall be
of a quantity acceptable to the Administrator - Clerk/Treasurer or designee
and shall be free from frozen lumps, wood, or other extraneous or perishable
materials. The minimum cover, measured from the top of the culvert 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 Administrator - Clerk/Treasurer
or designee.
(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. In the event that a ditch is ordered to be constructed within the public right-of-way across previously constructed driveways, the property owner shall be solely responsible for the cost of the culvert installation required in Subsection F(1) above.
(10)
Appeal. Persons may request a variance from the culvert
requirements of this section by filing a written appeal request with the City
Clerk, who shall place the matter as an agenda item for the next meeting of
the Street, Public Property and Public Works Committee. The Street, Public
Property and Public Works Committee 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 Administrator - Clerk/Treasurer or designee
may be asked to render an opinion on the request.
A.
Order for driveway closure or modification. In the event
of abandonment of the use of a driveway opening for reasons of relocated access
by the property owner or change in use of the property, or ongoing safety
issues, the City Engineer, Administrator - Clerk/Treasurer or designee or
Police Chief shall recommend to the Street, Public Property and Public Works
Committee closure or modification of the driveway access. Upon the concurrence
of the Street, Public Property and Public Works Committee that said driveway
should be closed or modified, the property owner will be notified of the City's
order to close or modify the driveway.
B.
Appeal of order. The affected property owner of any order
to close or modify a driveway will be provided an opportunity to appeal the
decision to the Street, Public Property and Public Works Committee within
20 days of the date of notification. The date of notification will be the
date the closure or modification order is issued and not the date the order
is delivered to the property owner.
C.
Closure.
(1)
Within four months of the closure order or an unsuccessful
appeal, the property owner will be required to carry out the directive of
the order.
(2)
Upon failure of the property owner to implement the City's order within the time frame noted in Subsection C(1) above, the City will then act to close or modify said driveway, with the cost of said closure or modification being charged to the property owner in accordance with the special assessment provisions of Ch. 66, Wis. Stats. All administrative, contractor, engineering, construction, and cleanup and disposal costs incurred by the City will be levied as part of the special assessment.
Any person who violates this chapter shall be subject to the penalties found in § 1-9 of this Code.
