[Adopted 5-6-1996]
[Amended 9-16-2008 by Ord. No. 2008-018]
A.
Permit required. No person shall locate, construct or reconstruct any driveway providing vehicular access to any Town road or place any culvert in the public right-of-way of any Town road or create any curb cut along any Town road without obtaining a permit from the Town. Permit applications shall be obtained from the Town Zoning Administrator or his or her designee along with the fee specified in § 1-16A(6).
B.
AGRICULTURE DRIVEWAY
COMMERCIAL DRIVEWAY
RURAL DRIVEWAY
URBAN DRIVEWAY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A driveway used primarily to access an agricultural field
or agricultural buildings.
[Added 3-21-2023 by Ord. No. 2023-04]
Any driveway, rural or urban, that provides access to any
use other than single-family, two-family, or agricultural properties.
[Added 3-21-2023 by Ord. No. 2023-04]
Any residential driveway in an area with open ditches and/or
lacking curb and gutter.
[Amended 3-21-2023 by Ord. No. 2023-04]
Any residential driveway in an area with curb and gutter.
[Amended 3-21-2023 by Ord. No. 2023-04]
C.
Location requirements.
(1)
Contained within frontage. Any driveway shall be so
located such that the entire width of the access and appurtenances
thereto lie within the limits of the frontage abutting the street
of the property served and within applicable setback requirements.
(2)
Intersections. No driveway shall provide direct access
to any intersection. No urban driveway shall be located within 75
feet of any intersection, as measured from center line to center line
of intersecting streets. No rural driveway shall be located within
125 feet of any intersection, as measured from center line to center
line of intersecting streets. Driveway access restrictions shall be
placed on land division documents to ensure a driveway can be located
on a lot. Any variation to these intersection distances must be reviewed
and approved by the Public Works Director.
[Amended 3-21-2023 by Ord. No. 2023-04]
(3)
No interference with right-of-way. No driveway shall
encroach upon or occupy any areas of Town road right-of-way required
for effective traffic movement, control or safety or placement of
any traffic control signs.
(4)
Safety. Every driveway shall be placed in such location
as to not create a safety hazard for traffic traveling upon or entering
and exiting the roadway. The location of every driveway shall provide
adequate sight lines, as determined according to generally accepted
professional traffic engineering standards, to permit a safe distance
from a vehicle access to see an approaching vehicle and to have adequate
time to exit or enter the access safely and for an approaching vehicle
to see a vehicle at the access and to safely stop.
D.
[1]Installation.
(1)
The property owner or applicant shall be responsible
for all costs, materials and labor for construction of the driveway.
(2)
Installation shall be made without jeopardy to or
interference with the safe passage of traffic on any Town road. All
road surfaces, shoulders, ditches and vegetation disturbed by installation
shall be restored to the original condition.
(3)
Proper barricades, flags, warning signals and flagmen,
if necessary shall be provided by the applicant and may be required
by the Town Building Inspector or his/her designee.
[1]
Editor's Note: Former Subsection D, Design, was repealed 3-21-2023 by Ord. No. 2023-04. This ordinance also provided for the redesignation of
former Subsection E as Subsection D.
E.
[2]Enforcement.
(1)
The Building Inspector, or his/her designee, may post
a stop-work order if any work or any part thereof is being installed
contrary to the terms of a permit or without a permit. If the landowner
or the permittee fails to cease the unpermitted activity or comply
with the permit conditions immediately, the Town may issue a notice
of intent to the landowner or permittee of the Town's intent to perform
the work necessary to comply with this section. The Building Inspector,
or his/her designee, or a contractor retained to perform such services,
may commence the work no less than 14 days after issuance of the notice
of intent. All costs associated with the work performed, including
the services of the Building Inspector, Town Engineer, Town Attorney,
Town administrative costs and those of the contractor performing the
work, shall be billed to the landowner. If the landowner fails to
pay the amount due, the Town Treasurer shall enter the amount due
onto the tax rolls and collect such bill as a special charge pursuant
to Wis. Stats. § 66.0627.
[2]
Editor's Note: Former Subsection F, Curb cuts, was repealed 3-21-2023 by Ord. No. 2023-04. This ordinance also provided for the redesignation of
former Subsection G as Subsection E.
[Amended 9-16-2008 by Ord. No. 2008-018; 3-21-2023 by Ord. No. 2023-04]
A.
General. All driveways are subject to the International Fire Code
(IFC), National Fire Protection Association codes and standards, and
the following requirements:
(1)
Replacement.
(a)
If the replacement of any part of a driveway is required by
the Town for a Town or Sanitary District project, decorative items
(such as stone around the culvert, pavers, stamped pavement, etc.)
will not be replaced by the Town or Sanitary District.
(b)
The Town or Sanitary District will replace gravel driveways
with six inches of standard gravel. If an existing driveway is concrete
or asphalt, the Town will replace the area disturbed with the lesser
cost of asphalt or concrete. Asphalt replacement will be three inches
thick, and concrete replacement will be six inches thick.
(c)
Any cost above the standard surface will be at the expense of
the property owner. Any decorative landscaping around the culvert,
other than grass, will be the responsibility of the property owner
to replace.
(2)
Encroachments or obstructions around culverts. No obstruction shall
be placed within 10 feet of the edge of the travelway on rural streets.
Obstructions will be considered trees, light poles, utility poles,
signs other than regulatory or street signs, and other fixed objects,
such as rocks and retaining walls that would pose a risk to traffic.
Treatments that are installed in the right-of-way around a culvert
shall be sloped at a 3:1 slope such that a vehicle can traverse the
slope.
(3)
Driveways that widen to a width greater than the maximum width allowed
at the property line described below must be reviewed and receive
approval of the Public Works Director.
(4)
General sidewalk and driveway construction standards.
(a)
No driveway shall exceed 150 feet in length with providing an
adequate turnaround. A turnaround must meet the requirements of Table
D103.4 of the International Fire Code (IFC).
(b)
Concrete used in the construction of sidewalks and urban driveways
shall be Grade A air-entrained or Grade A-WR air-entrained from an
approved supplier. The maximum slump shall be three inches.
(c)
Equipment and tools necessary for sidewalk and driveway construction
shall be satisfactory as to design capacity and mechanical condition
for the purposes intended.
(d)
The foundation shall be formed by excavating or filling to the
required elevation. The foundation so constructed shall be mechanically
tamped or rolled until thoroughly compacted to ensure stability.
(e)
Forms shall be of wood or metal and shall be straight and of
a depth at least equal to the depth of the sidewalk (four inches)
and sidewalk through driveway (six inches) and of sufficient strength
to resist displacement during the process of depositing and consolidating
the concrete. The forms shall be securely braced and held firmly to
the required line and grade and shall be sufficiently tight to prevent
the leakage of mortar. All forms shall be thoroughly cleaned and oiled
before the concrete is placed against them.
(f)
The concrete shall be placed on a moist foundation, deposited
to the required depth and consolidated and spaded sufficiently to
bring the mortar to the surface, after which it shall be struck off
and floated with a wooden float. Before the mortar has set, the surface
shall be steel-troweled and brushed. The brush shall be drawn across
the surface at right angles to the edges of the sidewalk or driveway
with the adjacent strokes slightly overlapping, producing a uniform,
slightly roughened surface with parallel brush marks.
(g)
The concrete shall be cured with an application of an approved
clear membrane-forming curing compound meeting the requirements of
ASTM 309-81, except during the period from October 1 to April 1, when
the concrete shall be cured with an application of an approved linseed
oil membrane-forming emulsion at the rate of 200 square feet per gallon
of curing compound.
(h)
After the concrete has been cured, the spaces along the edges
of the sidewalk and driveway shall be backfilled to the required elevation
with topsoil and turf established by seeding or sodding.
(i)
Inspection is required prior to pour.
(j)
Variations in grade and/or alignment shall be reviewed and approved
by the Town of Ledgeview.
B.
Urban driveway construction.
(1)
All driveway widths shall be measured at the right-of-way and at
right angles to the center line of the driveway.
(a)
Residential properties.
[1]
Number. No residential property shall have more than one driveway
access point unless an additional driveway access point is necessary
for reasonable and adequate service to the property and may be had
without impairing the safety, convenience and utility of the road.
Additional driveway access points may be reviewed and approved by
the Public Works Director.
[2]
Single-family residential driveway width details.
[a]
Driveway width maximum for a two-stall garage is 24 feet at
the property line. For each additional garage stall, an additional
two feet of width shall be allowed, up to a maximum width of 28 feet
at the property line.
[3]
Two-family residential driveway width details.
[a]
Two separate driveways are required.
[b]
Each driveway shall not exceed 24 feet at the property line.
[c]
A minimum five-foot green space or permeable surface is required
between the two driveways.
[d]
A minimum of two feet needs to be maintained at the curbline
between the abutting curb cuts.
[e]
Driveway aprons must be installed according to the "Driveway
Details - Residential Two-family Urban" drawing included as part of
Appendix A.
(b)
Commercial properties.
[1]
Number. The number of driveways allowed for a commercial property
is subject to site plan review and approval. In no instance shall
a driveway be allowed that may impair the safety, convenience and
utility of the road.
[2]
Existing developed sites. All additional driveway requests will
require a driveway permit application be submitted and reviewed by
the Public Works Director and Town Engineer.
[3]
Driveway width details.
[a]
Commercial driveways shall not exceed 36 feet at the property
line.
[b]
Driveway aprons must be installed according to the "Driveway
Details - Commercial Urban" drawing included as part of Appendix A.
[c]
Commercial driveway widths greater than 36 feet must be detailed
on submitted plans and approved by the Director of Public Works or
his/her designee.
(2)
Curb Cuts for urban driveways.
(a)
Where a curb cut is required for new construction, rough curb
cuts shall be made as soon as the building foundation is backfilled
and gravel tracking pad is installed. This curb cut shall be used
for all construction vehicles, and the owner or builder shall be responsible
for damage to any curbs.
(b)
Any curb crossing shall be properly blocked to prevent damage.
(c)
All curb cuts are to be inspected by the Town after forming
is completed and prior to pouring of concrete.
(e)
The permittee, by acceptance of the driveway permit allowing
the curb cut, warrants the materials and construction of the replaced
curb for a period of two years from completion of construction of
the curb replacement.
C.
Rural driveway construction.
(1)
All driveway widths shall be measured at the right-of-way and at
right angles to the center line of the driveway.
(2)
Residential properties.
(a)
Number. No residential property shall have more than one driveway
access point unless an additional driveway access point is necessary
for reasonable and adequate service to the property and may be had
without impairing the safety, convenience and utility of the road.
Additional driveway access points may be reviewed and approved by
the Public Works Director.
(b)
Single-family residential driveway width detail.
[1]
Driveway width maximum for a two-stall garage is 24 feet at
the property line. For each additional garage stall, an additional
two feet of width shall be allowed up to a maximum width of 28 feet
at the property line.
[2]
The driveway apron must be installed according to the "Driveway
Details - Residential Single Family Rural" drawing included as part
of Appendix A.
(c)
Two-family residential driveway width details.
[1]
Two separate driveways are required and shall not exceed 24
feet at the property line.
[2]
A minimum five-foot green space or permeable surface is required
between the two driveways.
[3]
A minimum of one foot needs to be maintained at the road edge
between the two driveways.
[4]
Driveway aprons must be installed according to the "Driveway
Details - Residential Two-family Rural" drawing included as part of
Appendix A.
(3)
Commercial properties.
(a)
Number.
[1]
New construction. The number of driveways allowed for a commercial
property is subject to site plan review and approval. In no instance
shall a driveway be allowed that may impair the safety, convenience
and utility of the road.
[2]
Existing developed sites. All additional driveway requests will
require a driveway permit application be submitted and reviewed by
the Public Works Director and Town Engineer.
(b)
Driveway width details.
[1]
Commercial driveways shall not exceed 35 feet at the property
line.
[2]
The driveway apron may include an additional five feet of width
for turning radii.
[3]
In no case shall a rural commercial driveway apron be wider
than 45 feet at the edge of any Town roadway.
[4]
Commercial driveway widths greater than 35 feet must be detailed
on submitted plans and approved by the Director of Public Works or
his/her designee.
(4)
Drainage.
(a)
The driveway surface connecting to the Town road for a rural
driveway shall slope down and away from the road to a sufficient degree
to preclude the flow of ordinary surface water from the driveway onto
the road.
(b)
Drainage ditches shall not be obstructed. If necessary, culverts
shall be placed to permit the flow of stormwater. Culverts shall be
placed prior to the commencement of construction and shall be of a
size to adequately permit the flow of water in the ditch and shall
be constructed as follows:
[1]
Culverts shall not be less than 18 inches in diameter (or equivalent)
or less than 26 feet in length, unless otherwise approved.
[2]
The property owner shall be responsible for the cost of a hydraulic
study, if deemed necessary by the Town to determine the size of culvert
required.
[3]
The culvert length shall not exceed the length required for
the surface width plus the 3:1 side slopes to meet the existing ditch
grade.
[4]
Culverts shall be constructed of corrugated metal or concrete
pipe with endwalls.
[5]
Culverts shall have a minimum eight-inch cover of stone, asphalt,
concrete or a combination thereof. Driveway side slopes shall be a
3:1 ratio.
[6]
Culverts shall be backfilled with stone not smaller than 3/4
inch clean to prevent damming, blockage or standing water in drainage
ditches.
[7]
All damaged, filled or deteriorated culverts shall be repaired
or replaced at the owner's expense to conform to this section.
D.
Agricultural driveways.
(1)
All driveway widths shall be measured at the right-of-way and at
right angles to the center line of the driveway.
(2)
Number. Agricultural properties shall be permitted one point of access
from a public road for each tillable field. Driveways should avoid
neighborhood roads whenever possible. Additional driveway access points
from Town roads shall require a driveway permit application submittal,
review, and approval by the Public Works Director.
(3)
Size and width details.
(a)
Any agricultural driveway accessing a rural cross section Town
road shall not exceed 30 feet in width at the property line.
(b)
The driveway apron may include an additional 10 feet, five feet
on each side, of width for turning radii.
(c)
In no case shall an agricultural driveway apron be wider than
40 feet at the edge of any Town roadway.
(4)
Drainage.
(a)
The driveway surface connecting to the Town road for a rural
driveway shall slope down and away from the road to a sufficient degree
to preclude the flow of ordinary surface water from the driveway onto
the road.
(b)
Drainage ditches shall not be obstructed. If necessary, culverts
shall be placed to permit the flow of storrnwater. Culverts shall
be placed prior to the commencement of construction and shall be of
a size to adequately permit the flow of water in the ditch and shall
be constructed as follows:
[1]
Culverts shall not be less than 18 inches in diameter (or equivalent)
or less than 26 feet in length, unless otherwise approved.
[2]
The property owner shall be responsible for the cost of a hydraulic
study, if deemed necessary by the Town to determine the size of culvert
required.
[3]
The culvert length shall not exceed the length required for
the surface width plus the 3:1 side slopes to meet the existing ditch
grade.
[4]
Culverts shall be constructed of corrugated metal or concrete
pipe with endwalls.
[5]
Culverts shall have a minimum eight-inch cover of stone, asphalt,
concrete or a combination thereof. Driveway side slopes shall be a
3:1 ratio.
[6]
Culverts shall be backfilled with stone not smaller than 3/4
inch clean to prevent damming, blockage or standing water in drainage
ditches.
[7]
All damaged, filled or deteriorated culverts shall be repaired
or replaced at the owner's expense to conform to this section.
[Amended 1-22-2008 by Ord. No. 2008-002; 4-7-2014 by Ord. No. 2014-002]
A.
The
owner of property abutting on any sidewalk shall, without notice and
at all times, keep such abutting sidewalk clean and free of debris,
dirt, sweepings and obstructions and clear of snow and ice and shall
not deposit or place any sweepings or debris or other foreign matter
upon the same.
B.
The
lessee, occupant of the first or ground floor, or persons having charge
of a building, or, if there be no lessee, occupant or person having
charge, then the owner of each and every parcel of real estate in
the Town abutting or bordering upon any street highway or other public
place, shall remove or cause to be removed all snow and ice from the
public sidewalk in front of or adjacent to such premises of the full
paved width of such sidewalk within 24 hours after such snow or ice
shall have fallen or accumulated.
C.
If the snow and ice on the public sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, the lessee, occupant, person having charge or owner of every parcel of real estate shall, within the time specified in Subsection B, cause the public sidewalk abutting or adjacent to such premises to be kept strewn with ashes, sand or some other suitable material and shall as soon thereafter as the weather shall permit thoroughly clean such sidewalk.
D.
If
the owners or occupants of lands abutting sidewalks fail to clear
them as provided herein, the Town shall, at its option, clear said
sidewalks of ice and snow. The cost of such ice and snow removal by
the Town shall be charged against such abutting lands as a special
tax by the entry of such amount in the tax roll and shall be collectible
with all other property taxes.
E.
The
obligation of landowners and occupants provided herein shall not abate
in the event that the Town removes snow and ice from sidewalks as
provided herein and elects not to charge therefor, nor shall any duty
or responsibility for snow and ice removal accrue to the Town as a
result of the Town's election to provide snow removal services without
charge.
F.
A
person owning or occupying the property shall remove such snow, debris
or any injurious substance from the public sidewalks and driveways
within 24 hours after such event or accumulation. Failure of such
person to comply constitutes a violation of this article, and in such
event, the Town shall cause the snow, debris or any injurious substance
to be removed, and the cost thereof shall be charged to the property
owner. The Town shall apply the charges for the actual cost for removal
plus an escalating forfeiture for nonconformance for each violation.
The cost of such ice and snow removal by the Town shall be charged
against such property owner as a special tax by the entry of such
amount in the tax roll and shall be collectible with all other property
taxes. The Town may or may not decide to notify property owners or
occupants prior to the beginning of each winter season.[1]
[1]
Editor's Note: Forms for the Curb Cut and
Replacement Permit and the Sidewalk Permit, which originally followed
this subsection, are on file in the Town offices.
G.
Noncompliance penalty. The Town of Ledgeview policy for sidewalk
clearing charge for noncompliance is as follows:
