[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Title 4, Ch. 3, of the 1988 Code. Amendments noted where applicable.]
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 through the administration of this
chapter by the Zoning Administrator. 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 Luck without first obtaining a permit therefor as provided by this
chapter.
B.
Application. 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
applicant shall pay a fee 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.[1]
C.
Application provisions. All driveway permit applications shall contain
the following:
(1)
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 permittee, his successors or assigns agree to indemnify and hold
harmless the Village of Luck 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.
(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 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.
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 of the Director of Public Works to the Village Board
within 20 days after such refusal to issue such permit is made.
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.
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 G.
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.
Culverts. Driveways shall not obstruct or impair drainage in street ditches or roadside areas. Driveway culverts, where required, shall be adequate for surface water drainage along the street and shall not be less than the equivalent of a twelve-inch-diameter pipe. The distance between culverts under successive driveways shall not be less than 10 feet except as such restricted area is permitted to be filled in pursuant to the provisions of Subsection G hereof.
F.
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.
G.
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 Director
of Public Works, 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.
H.
Relocation of utilities. Any costs of relocating utilities shall
be the responsibility of the property owner, with approval of the
Village Board necessary before any utility may be relocated and the
driveway installed.
I.
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 § 496-5 of this Code insofar as such requirements are applicable, including thickness requirements.
J.
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 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 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 that 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.
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 Luck except as permitted by this chapter. 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.
B.
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
Board 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.