[HISTORY: Adopted by the Village Board of the Village of
Clayton 8-2-2010 by Ord. No. 2010-05. 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. 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
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 without first obtaining
a permit therefor as provided by this chapter.
B.
Application. Application for such permit shall be made to the Village
Board designee 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 as established from time to time by the
Village Board. Upon receipt of the application and the fee, the Village
Board designee may approve such application if the proposed driveway
complies with the terms and conditions of this chapter and any other
applicable ordinance.
C.
Contents of application. All driveway permit applications shall contain
the following:
(1)
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 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 applicant's statement that the permittee, his successors
or assigns, agrees to indemnify and hold harmless the Village, 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.
D.
General permit provisions.
(1)
Driveway permits will be valid for one year from date of issue. Reapplication
for a permit will be required for any improvements not completed during
the permit period. Reapplication permits will not be denied without
reasonable cause.
(2)
No building permit for new residential construction will be issued
until the driveway is constructed according to the specifications
of this chapter.
(3)
All new driveways proposed to be installed or any driveway alleged
to be existing and serving open land without improvements and proposed
to be converted to a driveway to serve one or more structures shall
be subject to an inspection fee as established by the Village Board
to be paid prior to the start of any construction on a new driveway
and prior to the issuance of a building permit. An approved driveway
shall be in place before a building permit can be issued. If the Village
Board designee determines that any part of the driveway may not comply
with the standards of this chapter, the property owner must provide
a certificate from a registered land surveyor or a professional engineer
stating that the driveway meets the necessary requirements.
(4)
A driveway access permit may be issued for the purpose of permitting
vehicular access or other means of travel from a public highway to
a private driveway, road and field road for all persons seeking a
building permit. All driveway specifications for construction in this
chapter will apply. The applicant shall submit a location construction
plan showing specifications, including grade, slope, width and length
of the driveway and erosion control procedures. Said construction
plan will specify completion dates for culvert placement, aggregate
placement, erosion control procedures and final application of two-inch
layer of gravel. If the aforementioned completion dates are not met,
then a penalty as determined in § 230-10 will be assessed.
(5)
Any costs incurred by the Village in the approval or denial of a
request for a proposed variance shall be reimbursed to the Village
by the applicant(s) seeking the variance. This shall include, but
not be limited to, additional engineering studies, attorney fees,
or any other costs incurred by the Village.
(6)
Driveways entering state or county highways require all necessary
state and/or county driveway permits in addition to a Village driveway
permit.
E.
Appeal from permit refusal. Any person feeling himself aggrieved
by the refusal of the Village Board designee 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.
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 as not
to interfere with utilities in place. No residential driveway shall
exceed 24 feet in width at the outer or street edge of the sidewalk
unless special permission is obtained from the Village Board.
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 G of this section. 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 property.
D.
Drainage. The surface of the driveway connecting with street cross-sections
shall slope downward and away from the street 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 extent 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, roadside areas or with
any existing structure on the right-of-way.
E.
Culverts. Driveways shall not obstruct or impair drainage in street
ditches or roadside areas. Driveway culverts, where required by the
Village Board designee, shall be adequate for surface water drainage
along the street and shall not be less than the equivalent of twelve-inch
diameter pipe. When required by the Village Board designee to provide
for adequate surface water drainage along the street, the property
owner shall provide any necessary culvert pipe at his own expense.
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 of this section.
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 street 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 as may be required by the Village, including
thickness requirements. Standard thickness of residential driveway
approaches will be six inches thick.
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 grading shall be to grades approved by the Village
Board 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.
(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.
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 thickness.
The following regulations are applicable to driveways serving
residential property:
A.
Width. Unless special permission is first received from the Village
Board, a residential single-type driveway shall be no greater than
24 feet wide at the curbline and 24 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.[1]
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.
C.
Access spacing.
(1)
Driveway permits shall not be issued where the linear distance between
accesses on the same side of the road would be less than 50 feet.
(2)
Driveway permits shall not be issued where the linear distance between
the driveway and the extended street line at an intersection would
be less than 100 feet.
(3)
For the purposes for determining access spacing and frequency, driveways
used to gain access to minor utility features will not be counted.
Minor utility features include such items as fire hydrants on a potable
water supply main, telephone or electrical switch boxes, and similar
items that require infrequent maintenance using motorized vehicles.
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 provided in this
chapter, have a width greater than 24 feet measured at right angles
to the center line of such 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 specified in this section, 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.
Access spacing.
(1)
Driveway permits shall not be issued where the linear distance between
accesses on the same side of the road would be less than 100 feet.
(2)
Driveway permits shall not be issued where the linear distance between
the driveway and the extended street line at an intersection would
be less than 200 feet.
(3)
For the purposes for determining access spacing and frequency, driveways
used to gain access to minor utility features will not be counted.
Minor utility features include such items as fire hydrants on a potable
water supply main, telephone or electrical switch boxes, and similar
items that require infrequent maintenance using motorized vehicles.
A.
All driveways 250 feet or less in length shall be at least 14 feet
in width. All driveways in excess of 250 feet shall be at least 16
feet in width. Driveways in excess of 500 linear feet shall have one
pull-off lane erected for each additional 500 linear feet. Each pull-off
lane shall be eight feet wide and 50 feet long and comply with all
the standards for driveways. Pull-off lanes shall be strategically
placed (e.g., for a nine-hundred-foot driveway, one pull-off lane
would be located at approximately 450 feet). A driveway can be any
solid surface. However, it must satisfy the minimum requirement of
six inches of aggregate and four inches of road gravel for not less
than 50 feet from the edge of the access road. This driveway should
be crowned so as to provide adequate drainage of water from the road
surface.
B.
Each driveway shall have a culvert at the ditch line where the driveway
meets the public road. The culvert shall be at least 12 inches in
diameter or of sufficient size so as to permit adequate drainage of
the affected area. The length shall be determined by the Village Board
designee, however, the minimum width of the driveway approach shall
be 24 feet. Apron end walls will be required on all culverts.
C.
All driveways shall have a maximum 5% grade at the point where the
driveway enters onto a public road. A slight dip across the driveway
shall be placed just before the culvert at the entrance to the public
road to prevent debris from washing onto the public road.
D.
Ditches, roadway crowning, and culverts which provide acceptable
drainage are required.
E.
The driveway's side banks shall be graded to a slope of no more
than one foot of vertical rise in each three feet of horizontal distance,
except where retaining walls and/or other erosion control measures
are installed as specified in a required engineer's plan approved
by the Village Board.
F.
The maximum grade of the entire driveway or any given segment of
the driveway shall not exceed 13%.
G.
The side banks shall be seeded promptly to control erosion.
H.
Once the construction of the driveway has begun, all specified erosion
control measures, including retaining wall, ditching, culverts, crowning,
and mulching and matting shall be completed within 90 days.
I.
The driveway must have at least six inches of aggregate rock on the
roadbed, and covered with four inches of road gravel.
J.
All costs of the construction of the driveway, including the cost
of the culverts and engineer's plan, if required, shall be paid
by the property owner requesting the driveway permit.
K.
An area of 18 feet in width and 14 feet in height shall be cleared
along the driveway right-of-way in order to permit the safe passage
of emergency vehicles. In cases where such a clearing would be environmentally
damaging, the Village Board will determine if failure to clear will
prevent or interfere with emergency service or create a safety hazard.
L.
The driveway must have an approach at the place where it intersects
with the public road of at least 24 feet in width and an unobstructed
view of at least 150 feet in each direction.
M.
Joint driveways will not be permitted without a joint driveway agreement
establishing the proposed joint driveway and the manner of its construction,
maintenance and use.
N.
Access spacing.
(1)
Driveway permits shall not be issued where the linear distance between
accesses on the same side of the road would be less than 200 feet.
(2)
Driveway permits shall not be issued where the linear distance between
the driveway and the extended street line at an intersection would
be less than 200 feet.
(3)
For the purposes for determining access spacing and frequency, driveways
used to gain access to minor utility features will not be counted.
Minor utility features include such items as fire hydrants on a potable
water supply main, telephone or electrical switch boxes, and similar
items that require infrequent maintenance using motorized vehicles.
A.
No person 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 except as permitted
by this chapter. As used in this section, the term "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.
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.
A.
The Village Board or designee may require the applicant to obtain
a plan prepared by a professional engineer licensed by the State of
Wisconsin prior to the construction or modification of any proposed
driveway. An engineer's plan is required:
(1)
For a driveway or segment of a driveway whose construction requires
the disturbance of land with a slope of 20% or greater;
(2)
For a driveway or segment of a driveway whose construction requires
a retaining wall or other special erosion control measures as determined
by the Village Board or its authorized representative; or
(3)
When the Village Board requests a plan for reasonable cause.
B.
The engineer's plan will include the following:
(1)
The precise location of the driveway or segment(s) of the driveway
which requires an engineer's plan.
(2)
Grade of the driveway showing no segments exceeding 13%.
(3)
Location and structure of any retaining walls.
(4)
Location and size of any culverts.
(5)
Cross section of the driveway.
(6)
Mulching, matting or other erosion control measures.
C.
When an engineer's plan is required, no construction of a driveway
may commence until the engineer's plan is approved by the Village
Board and a driveway permit issued.
D.
The preparation of an engineer's plan does not guarantee the
approval of a driveway permit application.
When washing or other conditions created by existing driveways
or field roads become a potential hazard to a public road, the Village
Board shall notify the owner(s) of the land through which the driveway
passes of such condition(s). Any property owner failing to correct
a hazardous situation immediately (within 24 hours or less) upon notification
shall be subject to the penalty provisions of this chapter and shall
be liable for any costs incurred by the Village to eliminate such
hazard. Problems of a nonemergency nature shall be corrected in 14
days.
A.
An owner, agent or contractor who fails to correct a violation of
this chapter within 14 days (or within one day in the case of an emergency
described at § 230-9, above) of the date the notice of violation
is delivered shall be subject to a penalty as provided in Chapter
1, General Provisions, § 1-4, of this Code.[1]
B.
The owner, agent or contractor of affected property shall be responsible
for the repair of all damage to a Village street or road as a result
of and during driveway construction and shall reimburse the Village
accordingly for immediate or future repair of the road. As an alternative,
the Village may undertake and complete the repair work and treat the
cost thereof as a special charge pursuant to § 66.0627,
Wis. Stats., including placing the special charge on the owner's
property tax bill.
C.
The Village maintains the right to require an owner, agent or contractor
to remove and reconstruct any driveway construction that does not
comply with this chapter.
A.
The Village Board may grant variances from the minimum standards
provided in this chapter in situations where strict application of
the minimum standards will result in practical difficulty or unnecessary
hardship, provided that such a variance shall not be contrary to the
public interest, health or safety.
B.
Application for such variance shall be in writing by the landowner(s)
stating fully all facts and shall be supplemented with maps, plans
or other additional data which may aid the Village Board in the analysis
of the proposed variance. The conditions upon which the request for
a variance is based shall be unique to the property and not applicable
generally to other property. The conditions shall not be mere inconvenience,
financial hardship or self-imposed hardship.
C.
Any costs incurred by the Village in the approval or denial of a
proposed variance shall be reimbursed to the Village by the applicant(s)
seeking the variance. This shall include, but not be limited to, additional
engineering studies, attorney fees or other costs incurred by the
Village.
D.
The approval or denial of a variance shall be by motion or resolution
adopted by majority vote of the Village Board. The reasons for approval
or denial of a variance shall be entered in the minutes of the Village
Board and the Village Clerk-Treasurer shall notify the applicant of
the decision.
