[HISTORY: Adopted by the Common Council of the City of Glenwood
City 12-1-2003 by Ord. No. 2003-02 as Title 6, Ch. 3, of the 2003 Code. Amendments noted where
applicable.]
A.
Purpose. For the safety of the general public, the City 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.
B.
Permit required to construct, reconstruct, alter or enlarge private
driveway. 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 City of Glenwood City without first obtaining a permit therefor
as provided by this chapter.
C.
Application. Application for such permit shall be made to the Common
Council or its 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
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 Common Council. 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 Common Council or its designee may
approve such application if the proposed driveway complies with the
terms and conditions of this chapter and any other applicable City
ordinance.[1]
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 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.
(2)
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.
(3)
The permittee, and his successors or assigns, agrees to indemnify
and hold harmless the City of Glenwood City, 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 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:
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 Common Council,
and driveways shall in all cases be placed wherever possible as not
to interfere with utilities in place.[1]
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 Common Council 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 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.
E.
Culverts. Driveways shall not obstruct or impair drainage in street ditches or roadside areas. Driveway culverts, where required by the Common Council or its designee, shall be adequate for surface water drainage along the street and shall not be less than the equivalent of a twelve-inch-diameter pipe. When required by the Common Council or its 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 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. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in § 367-5 of this Code insofar as such requirements are applicable, 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 draining shall be to grades approved by the Common
Council or its 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 Common Council or its designee.[2]
H.
Relocation of utilities. Any costs of relocating utilities shall
be the responsibility of the property owner with approval of the Common
Council or its designee necessary before any utility may be relocated
and the driveway installed.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 6-3-2(a)(9), Construction across sidewalks, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection F of this section.
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 24 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 Common Council or its
designee may permit a driveway of additional width.[1]
B.
Angular placement of driveway. The angle between the center line
of the driveway and the curb 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 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:
A.
Width. Unless special permission is first received from the Common
Council or its designee, a residential single-type driveway shall
be no greater than 24 feet wide at the curbline and 18 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.
Any person feeling himself aggrieved by the refusal of the Common
Council or its 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.
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 City of Glenwood City 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 30 feet to the extended street line
at an intersection.
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 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.
