Waukesha |
Code of Ordinances |
Chapter 36. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES |
Article III. DRIVEWAYS |
§ 36-73. Driveway and culvert location, design and construction requirements.
(a)
General requirements. The location, design and construction of driveways shall be in accordance with the following:
(1)
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. Driveways shall be 30 feet away from street intersections as measured from the lot line. 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 15 feet apart except by special permission from the town board, and driveways shall in all cases be placed wherever possible as not to interfere with utilities in place.
(2)
Driveway approach. A hard surface shall be installed by the property owner, utilizing bituminous asphalt, or other similar material only with approval of the town board, for a minimum of three feet from the edge of the town road pavement. The area from the edge of the road shall be pitched the same as the road for three feet from the edge of the town road. The property owner is responsible to have the grade at the driveway surface match the finished town road elevation. The property owner has one year from the date of occupancy to install the hard surface in the driveway approach. The ditch and occupancy bond will not be returned until the driveway approach is hard surfaced. If, prior to the enactment of the ordinance from which this article is derived, a property owner installed a driveway approach using concrete or any other material not permitted pursuant to this article and said driveway approach is ever damaged or becomes or creates a hazard, the property owner shall be required to make any and all necessary repairs and shall be responsible for any and all expenses associated with said repairs and, if the town building inspector or town board determines that the driveway approach cannot sufficiently be repaired, the property owner may be ordered to replace said driveway approach using bituminous asphalt, or other similar material only with approval of the town board, at the property owner's expense. If at any time the town performs any work within the right-of-way, including, but not limited to, the driveway approach, and as part of performing said work, it becomes necessary to remove, in whole or in part, a concrete driveway approach, said concrete driveway approach shall be replaced with bituminous asphalt surface in accordance with this section. If the work being performed by the town within the right-of-way is being performed at the request of the property owner, the property owner shall be responsible for any and all costs and expenses related to the installation of the asphalt surface.
(3)
Number. The number of driveways to serve an individual, residential, or commercial property fronting on a street shall be a maximum of two, except where deemed necessary and feasible by the town board for reasonable and adequate service to the property, considering the safety, convenience and utility of the street, and driveways may be approved for commercial and other use areas where deemed reasonable.
(4)
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 (a)(6) of this section.
(5)
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 road edge or face of the curb, and under no circumstances shall such driveway apron extend into the gutter area where there is curbing. 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. All driveways and parking lots shall be graded in such way that stormwater is directed into the road drainage system and not across the paved road. (See diagram: Culvert/driveway installation.)
(6)
Restricted areas. The restricted area between successive driveways may be filled in and graded only when the following requirements are complied with and with town board approval:
a.
The filling or draining shall be to grades approved by the town engineer 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.
b.
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 town board.
(7)
Relocation of utilities. Any costs of relocating utilities shall be the responsibility of the property owner with approval of the town board necessary before any utility may be relocated and the driveway installed.
(8)
Variances. Any of the requirements of this subsection (a) may be varied by the town board in such instances where the peculiar nature of the property or the design of the street may make the rigid adherence to the above requirements impossible or impractical.
(b)
Special requirements for commercial and industrial driveways. The following regulations are applicable to driveways serving commercial or industrial establishments:
(1)
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 35 to 45 feet measured at right angles to the centerline 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 town board in its discretion may permit a driveway of additional width.
(2)
Angular placement of driveway. The angle between the centerline of the driveway and the curbline or road edge shall not be less than 70 degrees.
(c)
Special requirements for residential driveways. The following regulations are applicable to driveways serving residential property:
(1)
Width. Unless special permission is first received from the town board, a residential driveway shall be no greater than 33 feet wide at the curbline or pavement edge.
(2)
Angular placement. The centerline of the drive may be parallel to the property line of the lot where access is required or at right angles to the curbline or pavement edge.
(d)
Appeal from permit refusal. Any person feeling himself aggrieved by the refusal of the town board to issue a permit for a private driveway may appeal such refusal to the town board within 20 days after such refusal to issue such permit is made.
(e)
Prohibited driveways and/or filling.
(1)
No person, firm or corporation shall place, construct, locate in, or cause to be placed, constructed or located in, any obstruction or structure within the limits of any public road, highway or street in the town except as permitted by this section. As used herein the term "structure" includes retaining walls above the grade of the driveway, fences, decorative or ornamental structures and private driveways, a portion of which extends into any public road, highway or street, and which is in nonconformance with this article.
(2)
No driveway shall be closer than 30 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 town for effective traffic control or for highway signs or signals.
(3)
The grade of that portion of any private driveway 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.
(4)
Drainage from driveways shall run into adjacent ditches and not onto the road pavement.
(5)
Filling of ditches and/or culverts located within a public right-of-way is prohibited without written approval from the town.
(6)
The placement of lawn sprinkler pipes in a road right-of-way is prohibited.
(Prior Code, § 6-4-2)