[HISTORY: Adopted by the Common Council of the City of Prescott 6-11-2015 by Ord. No. 01-15. Amendments noted where applicable.]
Building construction — See Ch 259.
Streets and sidewalks — See Ch. 506.
Subdivision of land — See Ch. 510.
Zoning — See Ch. 635.
Editor's Note: This ordinance also repealed former Ch. 284, Driveways, adopted as Title 6, Ch. 3, of the former City Code, as amended. A drawing accompanying this ordinance is on file in the City offices.
Purpose. For the safety of the general public, the City of Prescott 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.
Permit required to construct, reconstruct, alter or enlarge. No person shall construct, reconstruct, alter or enlarge a driveway without first receiving a driveway permit from the Director of Public Works or designee. For bond and insurance requirements see provisions of § 506-6G and H. A land use permit is also required per § 635-105.
Application for such permit shall be made to the City Clerk for referral to the Director of Public Works 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, the dimensions thereof and a statement of the materials proposed to be used. The applicant shall pay a fee as prescribed in the City's fee schedule. 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 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.
All applications for permits shall be made on a form prescribed by the Director of Public Works or designee and be accompanied by a current certified survey map or map of survey meeting the requirements of § 635-105C and a sketch in duplicate showing the exact location of.
Existing and proposed driveway and approaches, parking areas and sidewalks.
Intersecting roads, streets or roadways within 300 feet.
Width of right-of-way.
Width and type of road surface.
Distance from right-of-way line to gasoline pumps and other structures on the site.
Type of surface and width of driveway and approaches.
Proposed radius returns or tapers.
Other pertinent information as may be required.
The Director of Public Works or designee may waive current certified survey map or map of survey if all property stakes are found on the property and meet the satisfaction of the Director of Public Works or designee.
Application provisions. All driveway permit applications shall contain the applicant's statement that:
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.
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.
The permittee, his successors or assigns agree to indemnify and hold harmless the City of Prescott, 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.
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.
The location, design and construction of driveways shall be in accordance with the following:
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 Director of Public Works or designee, and driveways shall in all cases be placed wherever possible as not to interfere with utilities in place.
Number. The number of driveways to serve an individual property fronting on a street shall be one, except where deemed necessary and feasible by both the Director of Public Works or designee for reasonable and adequate service to the property, considering the safety, convenience and utility of the street.
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.
Drainage. The surface of the driveway connecting with 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. 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.
Reconstruction of sidewalks and curb and gutter. Reconstruction of driveway means adding length or width or replacing more than 50% of the existing driveway. 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 street right-of-way or sidewalks shall be paved in accordance with the requirements for sidewalk construction in § 506-5. Maintenance of driveway means repair of less than 50% of existing the driveway. It can be repaired with like material.
Restricted areas. The restricted area between successive driveways may be filled in and graded only when the following requirements are complied with:
The filling or draining shall be to grades approved by the Director of Public Works or designee 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.
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.
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 or designee.
Relocation of utilities. Any costs of relocating utilities shall be the responsibility of the property owner with approval of the Director of Public Works or designee necessary before any utility may be relocated and the driveway installed.
Variances. Any of the above requirements may be varied by the Zoning Board of Appeals 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:
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 Common Council in its discretion may permit a driveway of additional width.
Angular placement of driveway. The angle between the center line of the driveway and the curbline shall not be less than 60º.
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.
The following regulations are applicable to driveways serving residential property:
Width. Unless special permission is first received from the Common Council, a residential driveway shall be no greater than 30 feet wide within the City street right-of-way. Driveway width shall not exceed 40 feet.
Angular placement. The center line of the drive may be parallel to a side property line of the lot where access is required or at right angles to the front curbline. Angled driveways need approval from the Zoning Administrator. Angled driveways less than 60º are not allowed.
Any person feeling himself aggrieved by the refusal of the Director of Public Works or designee to issue a permit for a private driveway may appeal such refusal to the Common Council within 20 days after such refusal to issue such permit is made.
No person, firm or corporation shall place, construct, locate in, or cause to be placed, constructed or located in, any obstruction or structure within the limits of any public road, highway or street in the City of Prescott except as permitted by this section. 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.
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.
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.
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.
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.