[HISTORY: Adopted by the Village Board of the Village of
Baldwin 4-28-2004 as Title 6, Ch. 3, of the 2004 Code. Amendments noted where applicable.]
For the safety of the general public, the Village of Baldwin
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.
A.
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 Baldwin without first obtaining a driveway permit therefor as provided
by this chapter. A sidewalk permit is not required when a new sidewalk
is to be constructed in conjunction with the construction of a new
principal structure; the sidewalk is included in the building permit
process in such cases.
B.
Application. Application for such permit shall be made to the Zoning
Administrator 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 as prescribed in the Village Fee Schedule for a driveway
permit. Upon receipt of the application and the fee, the Zoning Administrator
shall approve such application if the proposed driveway complies with
the terms and conditions of this chapter and any other applicable
Village ordinance.
C.
Application provisions. All driveway permit applications shall contain
the following statements:[1]
(1)
The applicant represents all parties in interest, and that such proposed
driveway is for the bona fide purpose of securing access to his/her
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/her successors or assigns, agrees to indemnify
and hold harmless the Village of Baldwin, 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.
The location, design and construction of driveways shall be
in accordance with the following:
A.
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.
All portions of driveways are to be a hard surface within one year
of construction. The portion of the driveway within the street right-of-way
shall be concrete when sidewalks are present and/or when there is
a public improvement project. 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.
[Amended 1-12-2022]
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 Village Board 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.
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 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 street pavement and the sidewalk, if any, in a neat, workmanlike manner. The driveway apron from the street and/or curb to the lot line shall be concrete. 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. Reconstructed or new sidewalks across driveways shall meet the construction standards of § 510-4.
[Amended 1-12-2022]
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 Village Board.
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 § 510-4 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 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 35 feet measured at the outer or street
edge of the driveway. 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 45°.
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/her 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 measured at the outer or street edge
of the driveway.
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/herself aggrieved by the refusal
of the Zoning Administrator 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.
A.
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 Village of Baldwin except as permitted by this chapter. As
used herein, the word "structure" includes private driveways, a portion
of which extends into any public road, highway or street, and which
is in nonconformance with this chapter.
B.
No driveway shall be closer than 10 feet to the radii or stop line
of the intersection, whichever is greater. 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.
C.
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.
D.
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.
E.
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.
A.
Culvert requirement. The Village Board may require the property owner
to provide for adequate surface water drainage along the street, and
the property owner shall provide any necessary culvert pipe at his/her
expense.
B.
Culvert permit.
(1)
No person shall lay, remove, replace or repair any culvert within
the Village of Baldwin unless he/she is under contract with the Village
to do such work or has obtained a permit therefor from the Director
of Public Works at least three days before work is undertaken. The
Director of Public Works shall determine the diameter of the culvert
to be installed which shall not be less than 12 inches and shall approve
of the laying of said culvert so as to provide proper drainage.
(2)
No person (not under contract to the Village of Baldwin) shall lay,
remove, replace or repair any culvert until a permit has been obtained
from the Director of Public Works at least three days before work
is undertaken. A fee for such permit shall be as prescribed in the
Village Fee Schedule. The Director of Public Works shall view the
site for installation of the culvert and determine the position and
diameter of the culvert necessary to provide adequate drainage.
C.
Existing driveway situations. The owner of a driveway existing at
the time this chapter originally became effective may be required
to install a culvert if such existing driveway shall impede the flow
of surface waters. The Director of Public Works shall advise the Village
Board of any driveway which intersects with a public street that impedes
the flow of surface water, and the Village Board shall order the owner
thereof to install a proper culvert as directed by the Director of
Public Works. The cost of such installation shall be borne by the
owner. If the owner refuses or neglects to install a culvert, the
Village shall, after notice to the owner, proceed to make such installation
and charge the cost therefor to the owner. If such costs are not paid
by November 1, the Village Clerk-Treasurer shall place the charges
on the tax roll in the same manner as a special assessment to be collected
with real estate taxes.
D.
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 made of new manufacture, unless specifically
excepted by the Director of Public Works or Village Engineer in the
case of quality used culverts. PVC plastic culverts may only be used
if a ditch is 12 inches or less in depth.
E.
Gauge.
(1)
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
|
(2)
The class of reinforced concrete pipe shall be in accordance with
the following:
Height of Cover
(feet)
|
Class of Pipe
| |
---|---|---|
0 to 2
|
IV
| |
2 to 3
|
III
| |
3 to 6
|
II
|
F.
Drainage. The culverts shall be placed in the ditchline at elevations
that will assure proper drainage.
G.
Endwalls. Culverts shall be provided with earthen, concrete or metal
apron endwalls as directed by the Village Engineer or Director of
Public Works.
H.
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.
I.
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.
J.
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 § 271-3F.
K.
Cost. The property owner shall install the culvert and be responsible
for the cost thereof. The property owner shall keep his/her culverts
unobstructed and clean.
L.
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.