A. Driveway Permits.
1. For the purpose of this section:
“Driveway” means a private road, drive or roadway giving access from a public street or highway to abutting grounds.
“Highway” includes all public streets and roadways.
“Highway under the jurisdiction of the Village” means a highway that is not a state or county highway upon which the finish course of asphalt or concrete has been placed.”
2. 1 Application and Permit. No person may construct or install a driveway in the Village without first filing an application with the Village Clerk and receiving a permit therefore. The application must include driveway plans showing the materials to be used, the location of the driveway on the lot and a typical profile. Each application must receive the approval of the Public Works Manager before the permit is issued.
a. For all driveways abutting public highways under the jurisdiction of the Village, the Public Works Manager shall refer the application and plans to the Zoning Administrator for review for conformance with the Planning and Zoning Chapter. Upon the Zoning Administrator’s approval, the Public Works Manager will review the proposed location and construction of the driveway and may direct and order grading, ditching, soil stabilization measures and/or the installation and construction of any culvert necessary for proper drainage as a condition to issuing said permit. Any driveway constructed or installed without said permit being first obtained, or contrary to the orders and directions of the Public Works Manager or the terms of the permit, constitutes a violation of this Chapter.
b. For all driveways abutting private roads or streets, the Public Works Manager shall refer the application and plans to the Zoning Administrator for review for conformance with the Planning and Zoning Chapter, and the Zoning Administrator shall verify that the applicant has the approval of the party with authority over the private street or road. Upon the Zoning Administrator’s approval, the Public Works Manager will review the proposed location and construction of the driveway and may direct and order grading, ditching, soil stabilization measures and/or the installation and construction of any culvert necessary for proper drainage as a condition to issuing said permit. Any driveway constructed or installed without said permit being first obtained, or contrary to the orders and directions of the Public Works Manager or the terms of the permit, constitutes a violation of this Chapter. Unless construction standards are provided under this Code or by development agreement or zoning approval, the party with the authority over the private road or street is required to set the construction standards and requirements for bonds, and shall perform all inspections of the driveway construction.
c For all driveways abutting highways under the jurisdiction of Racine County or the State of Wisconsin, the applicant shall apply for and receive an access permit from the County or State prior to applying for a Village driveway permit, and shall provide proof thereof with the driveway permit application. The Public Works Manager shall refer the application and driveway plans to the Zoning Administrator for review for conformance with the Planning and Zoning Chapter. Upon the Zoning Administrator’s approval, the Public Works Manager will review the conditions of the access permit issued by the County or State, and may make appropriate orders regarding site drainage prior to issuing the permit. Any driveway constructed or installed without said permit being first obtained, or contrary to the orders and directions of the Public Works Manager or the terms of the permit, constitutes a violation of this Chapter.
3. All driveways installed, altered, changed, replaced or extended after the effective date of this Chapter are required to contain Apron End Walls to provide adequate safety and drainage to the satisfaction of the Public Works Manager.
4. All alteration of the plans approved in a driveway permit shall require amendment of the permit.
B. Fees; Bonds
1. Permit Fees. The non-refundable fee for a driveway permit shall be set by the Village Board and included in the Fee Schedule. The Board may set varying permit fees for driveways abutting Village highways, private roads or streets, and for those abutting state or county highways.
2. Bond 2 . A pavement bond of $5,000 is required for all driveways that are used by heavy machinery and/or vehicles during construction on a property where the driveway enters or exits a highway under the jurisdiction of the Village.
a. The bond may be in the form of a cash deposit or surety bond naming the Village of Rochester as the obligee, and must be deposited by the property owner with the Village Clerk prior to the issuance of a driveway permit.
b. The pavement bond shall be in addition to all other fees and costs for required permits and approvals, and shall serve to ensure that the public highways adjacent to the owner’s land are not damaged during the course of construction.
c. The pavement bond shall remain on file with the Village until one year after the occupancy permit is issued for the construction, provided that the final grading and seeding on the lot is finished. If the final grading and seeding on the lot is not finished one year after the occupancy permit is issued, the bond shall remain in place until the final grading and seeding is finished. A cash deposit shall be held in a Village account for the same period of time and all interest shall accrue to the Village as reimbursement for administrative costs related to the deposit. When released, the bond or cash deposit will be delivered to the then-owner of the property at the time of the release.
d. A pavement bond is not required for driveways directly accessing agricultural land, provided, however, that the landowner shall maintain gravel aprons for these driveways to the Public Works Manager’s specifications.
C. Driveway Aprons.
1. Prior to beginning any excavation or construction on a lot abutting a highway under the Village’s jurisdiction, where no paved driveway apron exists, the owner of the lot shall install a driveway apron. All construction traffic for the lot shall be required to use said driveway apron for access to the lot.
2. Specifications.
a. Permanent Driveway Apron. Except where a wider driveway is required by the Village as set forth in Chapter 35, Planning and Zoning, the permanent driveway apron for the property shall be a minimum of 25 feet wide, shall consist of at least a four-inch depth of asphaltic concrete when compacted, and shall extend from the edge of the right-of-way to the edge of the pavement.
b. Driveway Apron during Construction. The property owner shall install a temporary driveway apron during the period of construction which extends at least a minimum of five feet from the edge of the highway pavement, consists of at least a four-inch depth of asphaltic concrete when compacted, and which shall be a minimum of 25 feet wide.
(1) A temporary driveway apron constructed of cement concrete may be used during the length of construction, but must be removed and replaced with asphaltic concrete prior to release of the pavement bond.
(2) If hot mix asphaltic concrete is not available during cold weather construction, cold mix asphalt compacted to a four-inch thickness, or temporary heavy metal plating at least one inch thick, covering the required five-by-twenty-five-foot apron, may be used, provided that the permanent apron must meet the requirements set forth in the introductory paragraph of subsection 2.a.
3. In the event that a permanent driveway apron is damaged during construction, the Public Works Manager may order its repair or replacement prior to release of the pavement bond. In the event that a temporary driveway apron is used during construction, it shall be replaced with a permanent apron meeting the requirements of subsection 2.a. prior to release of the pavement bond.
D. Inspections and Follow-up.
1. For driveways abutting State or County Highways, the Public Works Manager will inspect the driveway upon notification by the owner that the construction is complete. If the apron and/or the highway appear to have been damaged during the course of construction, the Public Works Manager will notify the appropriate state or county authority. If it appears that the driveway was not constructed in substantial conformance with the approved plans, he will notify the Zoning Administrator for enforcement of the provisions under the Zoning Administrator’s jurisdiction.
2. For driveways abutting Village highways 3 , the Public Works Manager will make two inspections of the driveway, apron and the public highway, the first as soon as reasonably possible after notification by the owner that construction is complete, and the second one year after the notification. If the final grading and seeding is not complete one year after notification, the Public Works Manager will perform a third inspection upon notification from the property owner that the final grading and seeding is complete.
a. If the apron and/or the highway have been damaged during the course of construction or grading, the Public Works Manager will order the appropriate repair or replacement. If it appears that the driveway was not constructed in substantial conformance with the approved plans, he will notify the Zoning Administrator for enforcement of the provisions under the Zoning Administrator’s jurisdiction.
b. In the event that the apron has been damaged, the owner shall make the repairs to Village specifications as directed by the Public Works Manager, and in the event that the owner fails to make such repairs within the time required, the pavement bond shall be used by the Village to make the repairs. In the event that the highway is damaged, the Village shall make the repairs reasonably necessary, solely at the owner’s cost, and the pavement bond shall be used by the Village to make the repairs.
c. One year after the initial notification by the owner, or after the final grading and seeding is complete, whichever is later, if the entirety of the pavement bond is not used for the repairs, the difference shall be refunded or released to the then-current owner of the property. In the event that the apron or highways have not been damaged, or the repairs are made by the owner, the bond shall be refunded or released to the then-current owner.
d. In the event that repairs are performed by the Village and cost more than the amount of the bond, the owner shall be billed for the balance, and if the bill is not paid within 30 days, the bill shall become a lien on the property and shall be collected as a special charge pursuant to Wis. Stat. s. 66.0627.
e. If necessary, the Village Engineer will be consulted regarding apron and/or highway damage, and the cost of the Engineer’s services shall be the responsibility of the landowner. The bond may be used to reimburse the Village for the Engineer’s services; or the owner may be billed for the services and if the bill is not paid within 30 days, the bill shall become a lien on the property and shall be collected as a special charge pursuant to Wis. Stat. s. 66.0627.
E. Enforcement Authority.
1. The Building Inspector, the Public Works Manager, the Village Engineer and the Zoning Administrator are authorized to issue Stop Work Orders in the event of violation of this section. Notice is given by both posting upon the land where the violation occurs one or more copies of a notice and order stating the violation, and by mailing a copy of the notice and order by certified mail to the person whose activity is in violation of this section. The notice and order shall specify that the activity must cease immediately and be brought into compliance. If any further construction occurs without proper compliance, the property owner may be subject to a forfeiture of up to $500 for each day of violation, subject to such additional penalties and remedies as are described in Section 6-50 of this Chapter.
2. The Building Inspector, Public Works Manager, Village Engineer and Zoning Administrator are authorized to refer any violation of this section or of any stop work order issued pursuant to this section to the village attorney or district attorney for commencement of further legal proceedings.
3. The issuance of a stop work order under this section may be appealed to the Village Board within 30 days of the issuance of the order.
(Ord. 2022-4, passed 5-2-2022)
Notes
| 1 | 1 Amended by Ordinance 2016-8, Adopted 12-12-16 |
| 2 | 2 Ordinance 2016-6, Adopted 6-27-16 |
| 3 | 3 Ordinance 2016-6, Adopted 6.27.16 |