[HISTORY: Adopted by the Village Board of the Village of Winneconne as Title 6, Ch. 3, of the 2012 compilation of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]
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 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, 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 Winneconne without first obtaining a driveway permit as provided by this chapter.
New construction. A driveway permit is required for a new driveway to be installed in conjunction with the construction of a new principal structure; the driveway is not included in the building permit process in such cases.
Application. Application for such permit shall be made to the Clerk-Treasurer or 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.
Fee. There shall be a fee for a driveway permit as determined by the Village Board. Upon receipt of the application and the fee, the Clerk-Treasurer or Director of Public Works shall approve such application if the proposed driveway complies with the terms and conditions of this and any other applicable Village ordinance.
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/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.
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.
The permittee, his/her successors or assigns, agrees to indemnify and hold harmless the Village of Winneconne, 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.
Maintenance. 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.
General requirements. 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 Public Works Committee, 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 special permission from the Public Works Committee for reasonable and adequate service to the property, considering the safety, convenience and utility of the street.
Drainage. The surface of the driveway connecting to noncurbed or rural-type street cross sections shall slope downward and away from the highway shoulder a sufficient distance to preclude ordinary surface water drainage from flowing onto the street roadbed.
Reconstruction of sidewalks and curb and gutter. When the construction of a driveway requires the removal of a curb and 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 apron from the street and/or curb to the outer edge of the adjacent sidewalk (or where a sidewalk would typically be constructed) shall be paved with concrete.
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. Reconstructed or new sidewalks shall meet the construction standards of Chapter 460, Streets and Sidewalks, Article II, Construction and Repair of Sidewalks, of the Code of the Village of Winneconne.
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 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.
Where drainage is by means of curb and gutter and if adjacent property slopes allow, drainage from the property side edge of the sidewalk line shall be directed toward the curb and gutter. Drainage behind the property side edge of sidewalk line shall be directed away from the curb and gutter.
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 as determined by the Director of Public Works.
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 Public Works Committee.
Relocation of utilities. Any costs of relocating public utilities shall be the responsibility of the property owner with approval of the Public Works committee before any utility may be relocated and the driveway installed.
Special exceptions. Any of the requirements in this chapter may be varied by the Public Works Committee in such instances where the peculiar nature of the property or the design of the street may make the rigid adherence to these requirements impossible or impractical. A person applying for a special exception shall complete an application in the form required by the Public Works Committee and shall pay a fee in the amount determined by the Public Works Committee at the time the application is filed. A special exception may be granted by the Public Works Committee if the Public Works Committee determines:
There are special circumstances related to the property or its use that justify a driveway of a greater width than normally permitted;
Granting the special exception will not have a material adverse effect on any other property;
Granting the special exception will not adversely affect surface water drainage, snow removal or public safety; and
Granting the special exception is not otherwise contrary to the public interest and will not set an improper precedent.