[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 10, Ch. 9, of the 1994 Code; amended by Ord. No. 2000-01-01. Subsequent amendments
noted where applicable.]
A.
Purpose. 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. It is the Village's
intent to provide safe and suitable access to properties abutting
public roadways.
B.
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 Belleville without first obtaining a permit therefor as provided
by this chapter.
C.
Application. Application for a driveway permit shall be made to the
Building Inspector on a form provided by the Village. When a driveway
will be constructed in conjunction with the construction of a new
principal structure, the driveway permit application shall be part
of the building permit application, and the driveway permit shall
be included in the building permit; otherwise, a separate application
and permit shall be required. All driveway permit applications shall
be accompanied by a drawing accurately depicting the proposed private
driveway, the dimensions thereof, the distance of the driveway from
abutting lot lines and street intersections, the angle of the driveway
in relation to the public roadway, and a statement of the materials
proposed to be used. There is no fee for a driveway permit. Upon receipt
of the application, the Building Inspector shall approve such application
if the proposed driveway complies with the terms and conditions of
this chapter and any other applicable Village ordinance or construction
standards.
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 or
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, and his or her successors and assigns, agrees to indemnify
and hold harmless the Village of Belleville, 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.
A.
General requirements. The location, design and construction of driveways
shall be in accordance with the following:
(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 encompassed by the extension of all right-of-way
lines at such intersection 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. 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.
(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. 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.
(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 manner consistent with the Village's
construction standards. 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.
(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 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.
(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 Building Inspector determines that 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 Building Inspector.
(7)
Relocation of utilities. Any costs of relocating public utilities
shall be the responsibility of the property owner, with approval of
the Director of Public Works necessary 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 of concrete constructed in accordance with the requirements for sidewalk construction in § 455-4 of this Code, insofar as such requirements are applicable, including thickness requirements.
(9)
Variances. Any of the above requirements may be varied by the Building
Inspector in such instances where the peculiar nature of the property
or the design of the street makes rigid adherence to the above requirements
impossible or impractical. No variance may be granted where doing
so may endanger the safety of vehicles or pedestrians or would impair
the convenience or utility of the street.
B.
Special requirements for commercial and industrial driveways. The
following regulations are applicable to driveways serving commercial
or industrial establishments:
(1)
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 Building Inspector in
his 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 be 90°. The Building Inspector
may grant a variance permitting an angle of less that 90° if necessary
to prevent an unnecessary hardship. The angle shall never 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 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 placed between
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.
(4)
Construction standards. Driveways shall be constructed in compliance
with Village sidewalk construction standards.
(5)
Location of driveways. No driveway shall be located closer to a property
line than the side yard setback requirement for the property.
C.
Special requirements for residential driveways. The following regulations
are applicable to driveways serving residential property:
(1)
Width of driveways. Openings for vehicular ingress and egress shall
be at least 12 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.
(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.
(3)
Construction standards. Driveways shall be constructed in compliance
with Village sidewalk construction standards.
(4)
Location of driveways. No part of a driveway shall be located closer
than three feet to a property line.
Denial of a driveway permit may be appealed to the Plan Commission
within 20 days after such denial.
A.
No person, firm or corporation shall place or caused to be placed
any obstruction or structure within the limits of any public road,
highway or street 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.
B.
No nonresidential driveway shall be located closer to a property
line than the side yard setback requirement for that property.
[Amended 8-17-2015 by Ord. No. 2015-08-01]
C.
No driveway shall be closer than 10 feet to any extended right-of-way
line at an intersection. At street intersections a driveway shall
not provide direct ingress or egress to or from the street intersection
area encompassed by the extension of all right-of-way lines at such
intersections and shall not occupy areas of the roadway deemed necessary
by the Village for effective traffic control or for highway signs
or signals.
D.
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.
E.
No driveway apron shall extend 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.
F.
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.
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 archpipe) 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.
B.
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
|
C.
Drainage. The culverts shall be placed in the ditchline at elevations
that will assure proper drainage.
D.
Endwalls. Culverts shall be provided with concrete or metal apron
endwalls as directed by the Village Engineer.
E.
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.
F.
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.
G.
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 § 248-2A(6).
H.
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.
I.
Appeal. Persons may request a variance from the culvert requirements
of this section by filing a written request with the Village Clerk/Treasurer,
who shall place the matter as an agenda item for the Plan Commission's
next meeting. The Plan Commission 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. A person aggrieved by the Plan Commission's decision
may appeal to the Village Board by filing a written notice of appeal
with the Village Clerk/Treasurer within 20 days after the Plan Commission
makes its final decision.
