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HomeMy WebLinkAbout02-239.docJUNE 11,2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: INITIATED BY: AMEND ACCESS CONTROL ORDINANCE TRANSPORTATION DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 25-91 THROUGH 25.104.2 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ACCESS CONTROL. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 25-91 through 25.104.2 of the Oshkosh Municipal Code pertaining to access control is repealed and recreated as follows: SECTION 25-91 DEFINITIONS For the purposes of this Ordinance the following words shall have the meaning thereafter provided: (1) Class I Driveway Approach shal mean a driveway approach, which serves a Type "A" site or a single parcel of property located in a residential zoning district or commerical zoning district which is used for residential purposes. (2) Class II Driveway Approach shall mean a driveway approach, which serves property located in a commercial district which is not used primarily for residential purposes. (3) Class III Driveway Approach shall mean a driveway approach, which serves commerical or manufacturing property and which is primarily used by buses or semi-trailer trucks. (4) Curb Cut shall mean that section of concrete curb removed to permit the entrance and exit of vehicles from adjacent property and shall be measured at the entrance width plus the allowable flare. (5) Director of Public Works shall include designees thereof. (6) Driveway shall mean a private roadway providing access from a public right-of- way to a parking space, garage, dwelling, parking lot, or other structure. JUNE 11,2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE CONT'D (7) Driveway Approach shall mean an area within a public right-of-way which is improved for motor vehicle traffic and which connects a private road or driveway to a portion of a public right-of-way, which is improved for motor vehicle traffic. (8) Entrance shall mean the point at which a driveway abuts the driveway approach. (9) Flare shall mean the portion of a driveway approach, which is wider at the street curb line than at the entrance. (10) Intersection Turninq Area shall mean the part of the street intersection included between the radius line used to connect the curb lines and the intersection of the curb lines, if extended. (11) Type "A" Site shall mean property in a residential zoning district containing a single residential structure of one or two dwelling units having fewer than five (5) off-street parking spaces. (12) Type "B" Site shall mean all property, whether one or more contiguous lots or parts of lots, which does not meet the definition of a Type "A" site. SECTION 25-92 CURB CUT PERMIT REQUIRED. No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb-cut, driveway approach or street on the public streets without first obtaining a permit from the Director of Public Works as provided by this Article. Before receiving such permit, the applicant shall pay to the City Treasurer the fee established per Section 25-12. SECTION 25-93 APPLICATION. An applicant for a permit hereunder shall file with the Director of Public Works an application showing: (a) Name and address of the owner, or agent in charge, of the property abutting the proposed work area; (b) Name and address of the party doing the work; (c) Location of the work area; (d) Attached plans showing details of the proposed alteration; JUNE 11,2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE CONT'D (e) An approved building permit; (f) property. The location of existing driveway approaches currently serving the (g) Such other information as the Director of Public Works shall find reasonably necessary to the determination of whether a permit should be issued hereunder. Note: Existing driveway approaches that require abandonment must be removed and the curb/gutter replaced to the standard specifications of the City. SECTION 25-94 LICENSE REQUIRED FOR CURB CUT CONTRACTORS. No person shall engage in or carry on the business of constructing curb cuts in the City without procuring a license therefor from the Board of Public Works as herein provided. SECTION 25-95 APPLICATION FOR LICENSE OF CURB CUT CONTRACTORS. The application for such license shall state the name and place of business of the applicant and shall contain a statement by the applicant agreeing to abide by the rules and regulations and specifications adopted by the Board of Public Works and to obey all ordinances and resolutions of the City in relation to said curb cut construction. A licensee shall immediately notify the Board of Public Works of every change of their place of business or the name under which the business of such licensee as such curb cut contractor is carried on. SECTION 25-96 FEE FOR CURB CUT CONTRACTORS LICENSE. Before receiving such license, the applicant shall pay to the City Treasurer a fee of Fifteen Dollars ($15.00), take a receipt therefor and present such receipt to the Board of Public Works. SECTION 25-97 BOND REQUIRED FOR CURB CUT CONTRACTORS. Before such license shall be issued to such applicant, the applicant shall file in the office of the Board of Public Works a bond in the sum of Five Thousand Dollars ($5,000.00), executed by said applicant as principal and by a surety company to be approved by said Director of Public Works and the City Attorney, conditioned that for a term of two (2) years from the date of such license, said applicant or licensee will indemnify and save harmless the City from all accidents and damages caused by any negligence in the construction of said curb cut, or by any unfaithful, imperfect or inadequate work on the part of said licensee, and by any failure to erect and maintain sufficient barriers or lights at the place where such curb cuts are being constructed by such licensee, to guard against injury to persons passing upon the street, or by failure to promptly remove all JUNE 11,2002 JUNE 25, 2002 02-215 02-239 ORDINANCE FIRST READING SECOND READING CONT'D tools, implements and refuse and unused material from said street after the completion of the work; and said bond shall also be conditioned that said licensee will properly replace and repair any imperfect work which may be discovered within a period of three (3) years from the time of its completion by licensee, or pay all damages sustained by any person thereby. SECTION 25-98 REVOCATION OF LICENSE OF CURB CUT CONTRACTORS. The Board of Public Works is authorized to revoke the license of any curb cut contractor for the violation of any of the terms of this chapter or any ordinance or resolution of the Common Council of the City relating to the construction of curb cuts, or for the violation of any of the rules, regulations, requirements or specifications adopted by the Board of Public Works for the construction of curb cuts. SECTION 25-99 DURATION OF LICENSE. Licenses shall be issued on January 1 and will be effective for a period of a year terminating December 31. SECTION 25-100 EXEMPTION CONTRACTORS. OF LICENSED AND BONDED SIDEWALK A sidewalk contractor, licensed and bonded under Section 25-49 of this Code, shall be sufficiently licensed to construct curb cuts provided the bond required under Section 25-49 indemnifies and saves harmless the City from all accidents and damages caused by any negligence in the construction of said curb cut, or by any unfaithful imperfect or inadequate work on the part of said licensee and by any failure to erect and maintain sufficient barriers or lights at the place where such curb cuts are being constructed by such licensee, to guard against injury to persons passing upon the street, or by failure to promptly remove all tools, implements and refuse and unused material from said street after the completion of the work; and said bond shall also be conditioned that said licensee will properly replace and repair any imperfect work which may be discovered within a period of three (3) years from the time of its completion by licensee, or pay all damages sustained by any person thereby. JUNE 11,2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE CONT'D SECTION 25-101 STANDARDS FOR ISSUANCE OF PERMIT. The Director of Public Works shall issue a permit hereunder when the following conditions are met: (A) That the plans for the proposed operation have been approved by the City Engineer or Director of Public Works. (B) That the work shall be done according to the standard specifications of the City for public work of like character. Said plans and specifications for curb cuts are on file in the office of the City Engineer of the City of Oshkosh. (c) That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. (D) That the health, welfare and safety of the public will not be unreasonably impaired. SECTION 25-102 SUPERVISION OF DIRECTOR OF PUBLIC WORKS. All operations for which a permit is granted hereunder shall be under the direction and supervision of the Director of Public Works. SECTION 25-103 ORDER TO ALTER CURB CUT. (a) Where the use, convenience and necessity of the public require, the Director of Public Works shall have the authority to order the owners, or agents in charge of property adjacent to which curb cuts are maintained, to alter or close the curb cut in such manner as necessary under the circumstances. (b) Whenever a curb cut is altered or closed, the work shall be performed according to the plans and specifications for curb cuts on file in the office of the City engineer of the City of Oshkosh. SECTION 25-104 NOTICE OF ALTERATION ORDER. The notice required by Section 25-103 shall (1) require compliance by permittee within thirty (30) days of said notice, (2) be in writing and, (3) be served upon permittee as required by law. JUNE 11,2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE CONT'D SECTION 25-104.1 DRIVEWAY CONDITIONS AND CRITERIA The location of non-commercial and manufacturing driveway approaches on local and collector streets shall be subject to the following: (a) Driveway approach openings shall be located at least forty (40) feet from the right-of-way line with the exception of single-family and two-family driveway openings, which shall be located at least twenty-five (25) feet from the right-of- way line. (b) No driveway approach shall be closer than one-half (1/2) foot to an adjacent property line. This requirement shall not apply when adjacent property owners sign a joint application for a driveway approach permit. (c) Any two (2) driveway approaches to the same lot shall be at least twenty (20) feet apart. (d) All driveway approaches shall be so located as to provide adequate sight distance in both directions along the street for safe access to the street. (e) A maximum of two (2) driveway approaches per property. (f) For single and two-family dwellings where no driveway width shall not exceed twelve (12) feet. so as not to create only a front yard parking area. garage exists, the maximum Said driveway shall be situated (g) For single and two-family dwellings, circular, horseshoe and similar type driveways shall be permitted where the minimum lot width is at least 100 feet. The maximum width of such a driveway shall not exceed twelve (12) feet, except for the area of allowable paving in front of the garage, and the inside edge of the arc of the driveway shall be at least twenty-five (25) feet from the front lot line. For driveways with two curb openings, the spacing shall provide a minimum dimension of fifty (50) feet between the inside driveway edges, measured at the right-of-way line. (h) DRIVEWAY CONDITIONS AND CRITERIA (1 Class I Maximum permitted width of entrance... 24 feet Minimum permitted width of entrance ...... 8 feet Maximum permitted curb cut .................. 29 feet Minimum permitted curb cut ................... 13 feet Maximum flare ...................................... 2.5 feet JUNE 11 2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE CONT'D (i) (2) (3) Class I1' Maximum permitted width of entrance... 30 feet Minimum permitted width of entrance or two entrances of 10 feet minimum under one-way operation ............ 18 feet Maximum permitted curb cut .................. 40 feet Minimum permitted curb cut ................... 28 feet Maximum flare ......................................... 5 feet Class III Maximum permitted width of entrance... 40 feet Minimum permitted width of entrance .... 35 feet Maximum permitted curb cut ................. 70 feet Minimum permitted curb cut .................. 65 feet Maximum flare ...................................... 15 feet Minimum permitted entrance width is ten (10) feet when serving twelve (12) or fewer vehicle parking spaces at a multiple-dwelling unit facility. The following set of driveway access conditions and criteria apply to driveway approach improvements on any secondary and primary arterial and commercial/manufacturing property located on a collector street: (1) Driveway Approaches Corner clearance: a) near side = 175 feet from the right-of-way line b) far side = 120 feet from the right-of-way line Frequency a) one per single and two family residential property unless in compliance with 25.104.1 (g) b) two per multi-dwelling property Spacing c) a second driveway warranted per commercial parcel if frontage is greater than 600 feet or if total ingress/egress volume exceeds 5000 vpd. a) 105 foot minimum curb for 25 mph speed limit b) 125 foot minimum curb for 30 mph speed limit c) 150 foot minimum curb for 35 mph speed limit d) 185 foot curb minimum for 40 mph speed limit e) 230 foot curb minimum for 45 mph and over speed limit JUNE 11,2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE CONT'D Width: (1) (2) (3) Class I Maximum permitted width of entrance... 24 feet Minimum permitted width of entrance... 8 feet Maximum permitted curb cut .............. 29 feet Minimum permitted curb cut ................ 13 feet Maximum flare ................................. 2.5 feet Class I1' Maximum permitted width of entrance... 30 feet Minimum permitted width of entrance or two entrances of 10 feet minimum under one-way operation ................. 18 feet Maximum permitted curb cut ............... 40 feet Minimum permitted curb cut ................ 28 feet Maximum flare ................................. 5 feet Class III Maximum permitted width of entrance... 40 feet Minimum permitted width of entrance .... 35 feet Maximum permitted curb cut ............... 70 feet Minimum permitted curb cut ................ 65 feet Maximum flare ................................. 15 feet Minimum permitted entrance width is ten (10) feet when serving twelve (12) or fewer vehicle parking spaces at a multiple-dwelling unit facility. Restricted Lateral Clearance ............ 75 ft. minimum if traffic is less than 1500 vph. ....... 120 ft. minimum if traffic is greater than 1500 vph Downstream Median: Required at all four-lane driveways. a) Minimum width = 4 feet, Desirable width = 10 feet b) Minimum length = 25 feet. (J) Anytime a parcel of land is cleared of existing surface improvements, the driveways serving that parcel should be cleared or reconstructed to conform to the guidelines set forth herein. JUNE 11,2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE CONT'D (k) The following special design features may be permitted or required at high volume (5000 vpd) entrances if approved by the Board of Public Works. (a) One or more driveway approaches may be replaced by a street type entrance. The cost shall be borne by the requestor. The spacing shall be a minimum of 300 feet. (b) One or more driveways to a major traffic generator may be replaced with special geometrically designed approaches and entrances where traffic volumes and turning movements reduce the capacity of the adjacent street or pose a hazard to through traffic. These designed approaches or entrances include (but are not limited to) speed change lanes, median crossovers, traffic islands and special driveway approach design features. The owner of the traffic generator shall be financially responsible for the cost of the specially designed approaches and entrances as well as the cost of additional drainage structures, street lighting and traffic signals and conduit necessitated at such approaches and entrances. (c) Right-of-way areas adjacent to driveway approaches shall be left unimproved for vehicular use. SECTION 25-104.2 UNUSUAL CONDITIONS The Traffic Review strict application of following conditions Board is hereby authorized to grant in writing, variances from the driveway conditions and criteria provided it is determined that the are present: (1) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city, or is due to the nature of the business or operation on the abutting property. (2) That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (3) That exception or variance desired is not against the public interest, particularly safety, convenience and general welfare. (4) That the strict application of the terms of this chapter will impose unnecessary hardship on the property owner or tenant. JUNE 11,2002 FIRST READING JUNE 25, 2002 SECOND READING 02-215 02-239 ORDINANCE CONT'D The Transportation Director or his designee may require additional conditions that may be deemed necessary to meet the standards of this section. The Transportation Director shall have the authority to grant a variance for Section 25- 104.1(h). SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication.