DRIVEWAY PERMIT ORDINANCE
TOWN
OF YORK
ORDINANCE
NO. #06-1
(This
ordinance supersedes Ordinance No. 94-1 and amendments.)
1.
AUTHORITY
This
ordinance is adopted pursuant to the general police powers granted under
Section
60.22(3)
and 61.34(1) Wisconsin Statutes and specific authority under Sec. 236.45
Wisconsin Statutes.
2.
PURPOSE
The purpose
of this ordinance is to promote public health, safety and general welfare of
the community. This ordinance applies to construction or modification of
private Driveways or modifications of Town lanes located in the Town of York
which provide access to buildings constructed or substantially modified after
the effective date of this ordinance.
3.
DEFINITION
a.
“Driveway” is defined as a private driveway, road, field road, or
other traveled way, giving access from a public highway or a private road to
one or more buildings located or to be constructed on adjacent lands.
b.
“Town lane” is defined as an in-drive being maintained by the Town
of York originally intended to serve a single farm residence to provide
emergency services availability. Any changes from the original use of town
lanes require the owner/developer to reconstruct the lane to current standards
for driveways as specified in Section 5 of this ordinance.
c.
“Shared” driveway is defined as a private driveway serving more
than one residence. The maintenance of a joint/shared driveway is the
responsibility of the owners.
4.
GENERAL
PROVISIONS
a.
No person shall construct, improve or rework a driveway which changes
the existing topography of the land without first obtaining a Driveway Permit
from the Town of York Board of Supervisors. Re-graveling of previously
constructed driveways does not constitute a change in the existing topography
of the land. Prior to consideration of the application by the Town Board of
Supervisors, the applicant shall submit to the Town Clerk of York an
application and a driveway construction plan which shall accurately describe
the location of the proposed driveway and the specifications required by
Section 5 of this ordinance for the driveway’s construction.
b.
Any proposed driveway construction or modification shall be accompanied
by an erosion control plan presented to the Town Board of Supervisors prior to
the issuance of a Driveway Permit. An erosion control plan shall include the
driveway owner’s intentions and time table to re-seed, mulch, ditch,
placement of culvert(s), and carry out other erosion control measures, all of
which shall be completed within ninety (90) days after beginning driveway
construction or modification. If an engineer’s plan of the driveway is
prepared according to the requirements of Section 6 of this ordinance, an
erosion control plan shall specify only those measures which are not mentioned
or required in the engineer’s plan.
c.
No building permit for new residential construction will be issued
until the driveway is constructed according to the specifications of this
ordinance.
d.
With the approval of the Town Board of Supervisors, the driveway permit
may be issued to allow for the excavation of the site to provide for site
preparation and to provide fill for the proposed driveway.
e.
A non-refundable $300 fee must be submitted with each driveway
application.
f.
A refundable fee of $1,000 for single driveways, $1,500 for shared
driveways, must be submitted with each driveway application. This fee may be
in the form of a personal check, surety bond, or cash bond. The fee or part
thereof may not be refundable should there be damage to the Town Road during
any phase of driveway construction or if cost of inspection by the Town Board
exceeds the $300 non-refundable fee. Bonds
may be required, at the board’s discretion, for large projects.
g.
A driveway access permit will be issued for the purpose of permitting
vehicular access or other means of travel from a public highway to a private
driveway, road, and field road for all persons seeking a building permit. All
driveway specifications for construction in the ordinance will apply. The
applicant who may be the owner, agent, or contractor shall submit a location
construction plan showing specifications including grade, slope, width, and
length of the driveway and erosion control procedures. Said construction plan
will specify completion dates for culvert placement, aggregate placement,
erosion control procedures, and final application of 2 inch layer of gravel.
If the aforementioned completion dates are not met then a penalty as
determined in Section 8 will be assessed.
h.
Any costs incurred by the Town in the approval or denial of a proposed
variance shall be reimbursed to the Town by the applicant(s) seeking the
variance. This shall include but not be limited to additional engineering
studies, attorney fees and/or per diems by Town Board members.
i.
Driveway permits will be valid for one year from the date of issue.
Reapplication for a permit will be required for any improvements not completed
during that period. Reapplication permits will not be denied without
reasonable cause.
A driveway
permit may be transferred to a new property owner. The Town of York clerk must
be notified within 30 days of the transfer. A recording fee of $20 must be
paid to the Town of York. If there is a change to the location of the original
driveway or the site of the building is changed by more than a 60 foot radius
a re-inspection will be necessary. The cost of the re-inspection will be the
responsibility of the property owner. If alteration involves a new entrance
then a new driveway permit is required.
- SPECIFICATIONS FOR THE CONSTRUCTION OF DRIVEWAYS
- Dimensions:
The driveway shall be constructed in accordance with the following
dimensions:
|
Driveway
Type |
All
dimension are from Centerline of driveway (Dimension
A) |
Should
Width (Dimension
B) |
|
Single
(200’ long or less)* |
8’ |
2’ |
|
Shared
Driveway |
9’ |
3’ |
|
Serving
3 lots or more |
10’ |
3’ |
* Single driveways longer than 200’ use shared driveway
dimensions
- Surface: The driveway must have at least six inches (6”) of
minimum two-inch
(2”) rock on the roadbed (base), and covered with six inches (6”) of
¾-inch gravel
- Width at
Intersection: The driveway must have a width at the place where it
intersects with a public road of at least twenty-four feet (24’) and
an unobstructed view of three hundred feet (300’) at that place.
- Grade:
The maximum grade of the entire driveway or any given segment of the
driveway shall not exceed eleven percent (11%). A driveway which is at
least twenty-four feet (24’) in length shall have a maximum five
percent (5%) grade at the point where the driveway enters onto a public
road. A slight dip across the driveway shall be placed just before the
culvert at the entrance to the public road to prevent debris from
washing onto the public road.
- Shoulders and
Side Banks:
Shoulder slope of no more than one foot (1’) of vertical rise for six
feet (6’) of horizontal distances. The driveway’s side banks shall
be graded to a slope of no more than one foot (1’) of vertical rise in
for three feet (3’) of horizontal distance, except where retaining
walls and/or other erosion control measures are installed as specified
in an engineer’s plan approved by the Town Board of Supervisors.
f..
Driveway Setback: On
adjoining property lines, the base of the driveway must be a minimum of 5’
from the property line.
g.
Culverts: Each driveway shall have a culvert at the ditch line
where the driveway meets the public or private road, unless waived by the Town
Board of Supervisors. The culvert shall be at least eighteen inches (18”) in
diameter and the length to be determined by the Town Board of Supervisors.
h.
Drainage:
Ditches, roadway crowning, and culverts which provide acceptable drainage are
required.
i.
Curves
in the driveway shall have an inside radius of not less than thirty-six feet
(36’).
j.
Emergency
Vehicle Turn-Around:
The driveway must have in-back-out with a radius of at least ninety
(90) degrees or a fifty-foot (50’) turning radius.
k.
Vegetation:
Trees and vegetation should be cleared to the width of the base of the
driveway and the height should be 15’. Clearance should be maintained
perpetually for emergency vehicle access.
l.
Erosion
Control: An
engineer’s plan showing adequate erosion control measures is required for
any segment of the proposed driveway which disturbs land with a grade of more
than twenty-five percent (25%), unless waived by the Town Board of
Supervisors. The side banks shall be seeded promptly to control erosion. Once
the construction of the driveway has begun, all specified erosion control
measures, including retaining wall, ditching, culverts, crowning and mulching
and matting shall be completed within ninety (90) days.
No
driveway permits for driveways off the shared/private road/town lane will be
issued if the shared/private road/town lane does not meet these conditions.
m.
All costs of the construction of said driveway, including the cost of
the culverts and engineer’s plan, if required, shall be paid by the property
owner requesting the driveway permit.
n.
Shared driveways/private roads/town lanes will not be permitted without
prior review and specified approval by the Town Board of Supervisors. Shared
driveways/private roads/town must follow the same specifications of this
ordinance for private driveways. All shared/private driveways/town lanes will
require the addition of a written plan for its maintenance and use submitted
to the Town Board. This written plan will be a recordable document.
- REQUIREMENTS FOR AN ENGINEER’S PLAN
a.
The Town Board of Supervisors may require the applicant to obtain a
plan prepared by a professional engineer licensed by the State of Wisconsin
prior to the construction or modification of any proposed driveway. An
engineer’s plan is required:
1.
For a driveway or segment of a driveway whose construction requires the
disturbance of land with a slope of twenty-five percent (25%), unless waived
by the Town Board of Supervisors.
2.
For a driveway or segment of a driveway whose construction required a
retaining wall or other special erosion control measure as determined by the
Town Board or its authorized representative; or
3.
When the Town Board of Supervisors requests a plan for reasonable
cause.
b.
The engineer’s plan will include the following:
1.
The precise location of the driveway or segment(s) of the driveway
which requires an engineer’s plan.
2.
Grade of the driveway showing no segment exceeding eleven percent (11%)
3.
Location and structure of any retaining walls.
4.
Location and size of any culverts.
5.
Cross-section of the driveway.
6.
Mulching, matting, or other erosion control measures.
c.
When an engineer’s plan is required, no construction of a driveway
may commence until the engineer’s plan is approved by the Town Board of
Supervisors, and a Driveway Permit is issued, and when applicable, any
necessary approvals are obtained from Green County or the State of Wisconsin
per Wisc. Statutes Section 86.07
d.
The preparation of an engineer’s plan does not guarantee the approval
of a driveway permit application.
- EXISTING DRIVEWAYS AND FIELD ROADS
When
washing or other conditions created by existing driveways or field roads
becomes a potential hazard to a public road, the Town Board of Supervisors
shall notify the owner(s) of the land through which the driveway passes of
such condition(s). Any property owner failing to correct a hazardous situation
immediately (within 24 hours) upon notification shall be subject to the
penalty of this ordinance and shall be liable for any costs incurred by the
Town of York to eliminate such hazard as provided in Wisc. Statutes Section
66.60(16). Problems of a non-emergency nature shall be corrected in thirty
(30) days.
- PENALTIES
a.
Should a
driveway be constructed or modified in a way which violates the provisions of
this ordinance, the owner(s) of the land through which the driveway passes
shall pay a fine equal to three times (3x) the fee chargeable for the permit
application, whether or not that fee has been paid. The owner(s) of the land
shall also make the corrections indicated by the Town Board within a
reasonable period of time determined by the Town Board.
b.
If the owner(s)
of the land through which the driveway passes does not make the required
corrections within the time specified, the Town Board shall determine the cost
of correcting violations of the provisions of this ordinance including when
necessary the return of disturbed land to its original condition. That cost
shall be paid for the Town by the owner(s) of the property through which the
driveway passes, as provided in Wisc. Statutes Section 66.60(16).
- EFFECTIVE DATE
This
Ordinance shall take effect and be in force for all new applications the day
after its passage by the Town of York Board of Supervisors, publication and
posting by law.
Driveway
Ordinance #94-1 and its amendments are hereby rescinded and replaced by
Ordinance #06-1.
Dated: December 12, 2006
Chairman________________________________________________________*Signed
Dan Reeson
1st
Supervisor_____________________________________________________*Signed
Dan Truttmann
2nd
Supervisor_____________________________________________________*Signed
Steve Hermanson
Clerk____________________________________________________________*Signed
Nancy Anderson
*
Original on file with the Town Clerk
