[HISTORY: Adopted by the Village Board of the Village of
East Troy 4-3-2000 by Ord. No. 2000-2 as Title 6, Ch. 3, of the 2000
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. 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 East Troy without first obtaining a driveway permit therefor as
provided by this chapter. A driveway permit is not required when a
new driveway is to be constructed in conjunction with the construction
of a new principal structure; the driveway is included in the building
permit process in such cases.[1]
B.
Application. Application for such permit shall be made to the Village
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. Upon receipt of the application and the fee according to
the fee schedule, 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 Village 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.[2]
C.
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/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, or his/her successors or assigns, agrees to indemnify
and hold harmless the Village of East Troy, 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.
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 Village Board for reasonable and adequate service to the property,
considering the safety, convenience and utility of the streets.
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 concrete 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, with rebar for pinning material 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. Driveway should be made of
concrete.[1]
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
Board 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]
(2)
Culvert extensions under the restricted area shall be of the same
size as the culvert under the driveway and constructed of metal or
concrete. Intermediate manholes adequate for cleanout purposes may
be required where the total culvert length is excessive.[3]
(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 and Director of Public Works necessary before any
utility may be relocated and the driveway installed.[4]
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 § 423-5 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 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
for, 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 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.
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.
C.
Hard surfacing. All residential driveways constructed or reconstructed
after the adoption of this chapter shall be constructed of asphalt,
concrete or brick.
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 East Troy, 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 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 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.
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.
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.
Larger diameter may be required based on location within the basin.
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 the Village Engineer.[1]
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
|
C.
Drainage. The culverts shall be placed in the ditch line at elevations
that will assure proper drainage.
E.
Backfill material. Material used for backfill shall be of quality
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 § 244-3F.
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 appeals request with the Village
Director of Public Works, 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.