Waukesha |
Code of Ordinances |
Chapter 36. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES |
Article I. IN GENERAL |
§ 36-3. Permits for access to and alterations in collector and arterial highways.
(a)
General. This regulation is promulgated for the purpose of designating standards within which the town will issue permits, for placing, constructing or altering driveways, for movement of traffic between collector and arterial highways and abutting property otherwise making excavations or fills, installing culverts or making other alterations in any collector and arterial highway or in other manner disturbing any such highway or bridge thereon. The purpose of the design standards herein prescribed is to promote the orderly and safe movement in and out of private properties in such manner as will constitute a minimum of interference to through highway traffic, and to control the use of drainage structures and appurtenances as may be necessary to preserve the physical structure of the highway.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Access point means a constructed vehicular pathway to a single parcel of land adjacent to the highway or to many parcels of land all of which are adjacent to the constructed vehicular pathway (public or private street). The term "access point" shall be considered as synonymous with the term "point of access," "private drive," "residential driveway," "commercial driveway," "street opening" or any similar term.
Collector and arterial highways means those highways that exceed 2,500 vehicles per day or as determined by the town board.
(c)
Prohibitions. No person shall construct an access point within the meaning of this section until or unless a valid permit has been obtained from the town building inspector. In addition, no person shall alter, in any way, existing appurtenances or features within the highway right-of-way, including, but not limited to, ditches, drainageways, culverts, bridges or pavement surfaces (including existing access points) until a proper permit therefor has been obtained. A permit may not be granted for the purpose of parking or servicing vehicles or for advertising, storage, or merchandising of goods on the highway right-of-way.
(d)
Access point design criteria.
(1)
The design criteria of access points for mixed developments shall be determined on a per-case basis by recommendation of the town engineer and approval by the town board as part of the permitting process.
(2)
For other land uses listed below, the following design criteria shall be applied to access points serving the delineated land uses. (References to types are to be specific drawing available through the town from its intersection details materials.)
Development Type
Access Point Type Multifamily 1—10 units C 10—20 units B More than 20 units A, D Subdivision Up to 50 units B, D More than 50 units A, D Commercial/Industrial Up to 25,000 sq. ft. C Greater than 25,000 sq. ft. A, B, D (3)
In the event that the applicant proposes a use not enumerated herein, the town board shall make the determination of the applicable criteria based upon the need to preserve highway capacity and safety upon the recommendation of the town engineer.
(4)
A bypass lane shall be required for all "T" type intersections when traffic on the adjacent highway exceeds 2,500 vehicles per day or a bypass lane is ordered by the town board dependent on topography, geometry or 1,500 vehicles per day.
(e)
Location and construction requirements.
(1)
The location, design, and construction of an access point shall conform to the following:
a.
An access point shall be located and restricted as to width as necessary so that the entire access point or roadway and its appurtenances are contained within the frontage along the highway of the property served. The town board may permit the use of highway right-of-way to complete construction of the access point where said construction would otherwise be outside the boundaries of applicant's property. At public highway intersections an access point shall not provide direct ingress or egress to or from the public highway intersection area and shall not encroach on or occupy areas of the roadway or right-of-way deemed necessary for effective traffic control, highway signs, signals or vision corners.
b.
An access point shall be so located and constructed that vehicles either approaching it or using it will have adequate sight distance in both directions along the highway. This adequate sight distance shall be defined as follows:
1.
For developments of four units or less, the sight distance shall be equal to the stopping sight distance for the posted speed on the collector or arterial highway immediately in front of the property.
2.
For developments of more than four residential units and for all other developments, the sight distance shall be at least equal to the 1990 AASHTO Design Guide Curve B-2.
c.
Except on a controlled access highway, the number of access points permitted serving a single property frontage prior to any land division along a collector or arterial highway shall be the minimum deemed necessary by the town board for reasonable service to the property without undue impairment of safety, convenience, and utility of the highway. Successive land divisions shall not increase the number of access points permitted. However, the number of access points permitted shall not be greater than 0-600'-1; 600-1500'-2; 1500-2500'-3; and 2500'-mile-4. In addition, a minimum distance of 500 feet shall be maintained from the intersection of any state, county trunk highway, town collector or town arterial highway. Said distance shall be measured from the centerline of the access point to the nearest edge of pavement of the intersecting highway or town road.
(2)
The island area on the right-of-way between successive access points or adjoining an access point and between the highway shoulder and right-of-way line shall remain unimproved for vehicular travel or parking. Such areas shall be considered as restricted and may be filled in or graded down only as provided by this section.
(3)
The surface of the access point connecting the rural type highway sections shall slope down and away from the edge of pavement a sufficient amount and distance to preclude ordinary surface water drainage from the access point area flowing onto the highway roadbed.
(4)
The access point shall not obstruct or impair drainage in highway side ditches or roadside areas. Access point culverts, where necessary, shall be minimum ten-year design storm adequate for surface water drainage along the highway and in no case less than the equivalent of a 15-inch diameter pipe. The distance between culverts under successive access points shall be not less than 15 feet except as such restricted area is permitted to be filled in under the provisions of this section. In the event that installation is performed by the permittee or contractor, prior to backfilling, the town engineer must inspect and approve the installation.
(5)
When any curb or gutter is removed for constructing an access point, the new connections shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner and shall comply with this chapter. The access point construction shall include replacement of sidewalk areas, which are inadequate or become damaged by reason of vehicular travel across the sidewalk.
(6)
Any highway surfaces, shoulders, ditches and vegetation that are disturbed by the construction of the access point shall be restored to the equivalent of the original condition by the permittee. In the event that the permittee fails to comply with this subsection and the town must engage in restoration work, the permittee shall be charged an hourly rate as set by the town board in addition to the cost of necessary supplies used in said work.
(7)
The restricted area between successive access points may be filled in or graded down only when the following requirements are fully complied with:
a.
The filling in or grading down shall be to grades approved by the town board and, except where highway drainage is by means of curb and gutter, water drainage of the area shall be directed away from the highway roadbed in a suitable manner.
b.
Culvert extension under the restricted area shall be of like size and material or of material acceptable to the town board for the access point culvert and intermediate manholes adequate for cleanout purposes may be required where the total culvert length exceeds 100 feet.
c.
Where no highway side ditch separates the restricted area from the highway roadbed, permanent provision may be required to separate the area from the highway roadbed, to prevent its use for access point or parking purposes, by construction of a border, curb, rail or posts deemed adequate by the town board.
(f)
Town permit requirements and application process.
(1)
The applicant shall complete the required permit forms as supplied by the town. They shall be submitted to the town, along with supplemental information required by this section.
(2)
Applications shall be accompanied by a subdivision plat, certified survey map, plat of survey, or proposed site plan showing the location of the access point desired.
(3)
The applicant shall stake the location or centerline of the proposed access point in the field with the surveying lath and an identifying colored ribbon.
(4)
Applicants for access to developments with more than 100 residential units or 50,000 square feet commercial or industrial development or any combination thereof, shall be required to submit a traffic impact study in a form as specified by the town board.
(5)
Applicants must represent all parties in interest to the land and the town shall provide a permit form, which requires the applicant to affirmatively state that they represent all parties in interest.
(6)
Before a permit is issued, the town board may require that the permittee show to the town engineer's satisfaction:
a.
That the type of construction and materials to be used by the applicant are suitable and appropriate for the intended purpose of the applicant;
b.
That the permittee has a plan to make the installation of the access point without jeopardy to or interference with traffic using the highway; and
c.
A site grading plan.
(7)
No relocations, revisions or additions shall be made to the proposed access point or its appurtenances on the right-of-way without the written permission of the town board. Upon completion and approval of the access point, no revisions may be made without the prior written approval of the town board.
(8)
All permittees must agree, on the form supplied by the town, to hold the town harmless against any action for personal injury or property damage sustained by reason of the issuance or exercise of the permit.
(9)
The town authorization to issue permits pursuant to this section is limited to permits for placing, constructing and altering private access points, with and without pipes, for the movement of traffic between highways and abutting property, and to landscaping or other minor grading or alterations in roadway slopes and embankments on highways adjacent to lands owned by the permittee.
(10)
Permits for such installation or alterations within the limits and conditions established hereby shall be issued by the town and permits for such installations or alterations exceeding the limits or conditions established hereby shall be issued only on specific approval of the director.
(11)
No permit shall be issued or be valid for construction of an access point connecting adjacent lands directly with the through roadway of a controlled access highway unless and until such access point is authorized and approved by the director.
(g)
Appeal of denial of permit. Any applicant for a permit under this section is entitled to pursue an appeal to town board.
(h)
Violations. Any access point which is found to have been constructed in violation of these regulations shall be declared illegal. The illegal access point shall be treated as follows:
(1)
The violator shall be notified in writing that he has an illegal access point and must apply for a permit.
(2)
The violator shall be given ten business days within which to file a proper application.
(3)
The violator's application shall be reviewed and either a permit issued or a notice of correction issued.
(4)
The violator shall have 20 business days to submit a plan of corrections and timetable for building same, for approval by the town board.
(5)
If the violator fails to apply for a permit or submit a plan of corrections, or implement the plan in accordance with the timetable, the access point shall be removed or rendered unusable by the town. Costs associated with said removal or obstruction shall be charged to the violator.
(Prior Code, § 6-2-2)