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HomeMy WebLinkAbout35237 / 89-502 February 2, 1989 February 16, 1989 #479 #502 ORDINANCE FIRST READING SECOND READING ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: ESTABLISH ACCESS CONTROL REGULATIONS INITIATED BY: CI7Y ADMINISTRATION TRAFFIC REVIEW ADVISORY COMMITTEE RECOMMENDATION: Approved 5-0 A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING ARTICLE XI OF CHAPTER 25 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ACCESS CONTROL. 7he Common Council of the City of Oshkosh do ordain as follows: SEC7ION 1 . That Article XI of Chapter 25 of the Oshkosh Municipal Code pertaining to curb cuts is repealed and recreated to read as foliows: ARTICLE XI ACCESS CONTROL SECTION 25-97 DEFINITIONS For purDOSes of this Ordinance, the following words shall have the meaning thereafter provided: (1) Class I Drivewav Aooroach sha71 maan a driveway approach whic'r� serves a Type "A" site or 8 single parcel of property located in a residential zoning district or buslness zoning district which is used for residenttal purposes. (2) �ass II Orivewav Aooroach shall mean a drlveway approach wM ch serves property located in a commercial district which is not used primarily for residential purposes. (3) Class III Drivewav Aooroach sha11 mean a driveway apDroach which serves business or manufacturing property and which is primarily used by buses or semi-trai7er trucks. -�� - 13 - #502 February 2, 1989 #479 ORDINANCE February 16, 1989 (4) Curb Cu shall mean Lhat section of concrete curb removetl to permit the entrance and exit of vehicles from ad�acent property and shalt be measured at the entrance width plus the allowable flare. (5) pirector of Public Works sha11 include designees thereof. (6) ri w shall mean every way or area 1n private ownership used for vehlcular travel back of Lhe street rlght-of-way line. (7) Drivewav Aooroach 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 v2hicle traffic. (8) ntr nce shall mean the point at which a driveway abuts the driveway approach. (9) F r shall mean the portion of a driveway approach which 1s wider at the street curb line than at the entrance. (10) Intersection Turnina Ar 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) Tvoe "A" Site shall mean property in a residential zoning district containing a singte residential structure of one or two dwelling units having fewer than five (5) off-street parking spaces. (12) 7voe "B" Site shalt mean all property, whether one or more contiguous lots or parts of lots, which does not me9t the definition of a Type "A" site. '2' _ �q _ February 2, 1989 #479 #502 ORDIf1ANCE February 16, 1989 SECTION 25-92 PERMIT REOUIRED. No person shall begin to construct, reconstruct, reDair, alter, or grade any sidewalk, curb, curb-cut, driveway or street on the public streets wtthout first obtaining a permit from the Director of Public Works as provided by this Article. 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 Droperty abutting the propc::d uork area; (b) Narne and address of the party doing the work; (c) Location of the work area; (d) Attached plans showing detatls of the proposed alteration; (e) Such other information as Lhe Director of Public Works shell find reasonably necessary to the determination of whether a permit should issue hereunder. SECTION 25-94 LICENSE REOUIRED 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 therefore from the Board of Public Works as herein provided. SECTION 25-95 APPLICATION FOR LICENSE OF CURB CUT CONTRACTORS. The application for such license sha17 state the name end plece of business of the apviicant and shall contain a statement by Lhe applicant agreeing Lo abide Cy the ruies and regulation� ard specifications adopted by the Board of Public Works and to obey all ordinances and rasolutions of the City in relation to satd curb cut construction. A licensee shall imnediately notify the Board of Public Works of every change of his place of business or of the name under which the business of such licensee es such curb cut contractor is carried on. -3- - 15 - _ � �February 2, 1989 #479 p5pp ORDINANCE February 16, 1989 � SECTION 25-96 FEE FOR CURB CUT CONTRACTORS LICENSE. Before receiving such license, the applicant shall pay Lo the City Treasurer a fee of Five (E5.00) Dollars, take a receipt therefore and present such receipt to the Board of Public Works. SECTION 25-97 80ND 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 One 7housand (E1 ,000.00) Dollars, executed by said applicant as principal and by a surety comDany to be approved by said Dlrector of Public Works and the City Attorney, conditioned that for a term of two (2) years from the date of such 1lcense, 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 6y any unfaithful , imperfect or inadequsts work on the part of said licensae, 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 tha 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 Mm, 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 ado0ted by the Board of Public Works for the construction of curb cuts. SECTION 25-99 DURATION OF LICENSE. Licenses shall be issued on January i and will be effective fo� a period of a year terminating December 31 . SECTION 25-100 EXEMPTION OF IICENSED AND BONDED SIDEWALK CONTRACTORS. 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 fran all accidents and damages caused by any negligance in the construction of said curb cut, or by any unfaithful , imperfect -4- _ �y _ � � �February 2, 1989 �479 #502 ORDINANCE February 16, 1989 or inadequate work on the part of said licensee and by any failure to erect and maintain sufficient barriers or lights at the place uhere such curb cuts are being constructed by such 1lcensee, to guard against injury to persons passing uDon the street, or by failure to promptly remove all tools, implements and refuse and unused material fran said street after the comptetion of the work; and said bond shall also be conditioned Lhat 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 canpletion by him, or pay all damages sustained by any person thereby. SECTION 25-101 STANDARDS FOR ISSUANCE OF PERMIT. The Director of Public Works shall issue s permit hereunder when he finds: (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 wlth vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from Lhe property affected and ad�acent propertias. (d) That the health, welfare antl safety of the public w171 not be unreasonably impaired. SECTION 25-702 SUPERVISION OF DIRECTOR OF PUBLIC WORKS. All operations for which a permit is granted hereunder shall be under the directton and supervision of the �irector of Public Works. SECTION 25-103 ORDER TO ALTER CURe CUT. (a) Where the use, convenience and necessity of the public require, the Director of Public Works shall have Lhe authority to order the owners, or agents in charge of property ad�acent to vhlch curb cuts are maintained, to alter or close the curb cut in such manner as he shall find reasonably necessary under the circumstances. (b) Whenever a c�rb 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. -5- _ �7 _ February 2, 1989 #479 #502 ORDINANCE February 16, 1989 SECTION 25-104 NOTICE OF ALTERATION ORDER. The notice required by Section 25-703 shall (1) require canpliance by permittee within thirty (30) days of said notice, (2) be tn writing, end (3) be served upon permittee as required by law. SECTION 25-104. 1 DRIVEWAY CONDITIONS AND CRITERIA The location of driveway approaches shall be sub�ect to the fol7owing: (a) Driveway openings shall be located at least forty (40) feet from a biock corner with the exception of single-femily and two-family driveway oDenings which shall be located at least twenty-five (25) feet from fl block corner. (b) No driveway shall be closer than one-half (7/2) foot to an abutting property line. This requirement shall not apply when adjacent property owners sign a �oint application for e drlveway approach permit. (c) Any two (2) driveways to the seme lot shell be at least twenty (20) feet aDert. (d) All driveway approaches shall be so located as to provide adequate sight distance in both directions elong the street for safe access to the street. (e) A maximum of 60X of Lhe frontage of a property may be used as driveway approaches. (f) The maximum and minlmum specifications for driveway approaches shall be as follows: (1) Class I Maximum permitted width of entrence. . . . 20 feet Minimum permitted width of entrance. . . . 8 feet Maximum permitted curb cut. . . . . . . . . . . . . 25 feet Mtnlmum permitted curb cut. . . . . . . . .. . . . . 13 feet Maximum flare. . . . . . . . . . . . . . . . . . . . . . . . . 2.6 feet (2) S���l* Maximum permitted width of entrance. . . . 30 feet Minimum permitted width of entrance. . . . 18 feet or two entrances of 10 feet mintmum under one-way operation. Maximum permitted curb cut. . . . . . . . . . . . . 40 feet Minimum permitted curb cut. . . . . . . . . . . . . 28 feet Naximum flare. . . . . . . . . . . : . . . . . . . . . . . . . . 5 feet -6- _ �g _ � � � February 2, 1989 N479 #502 ORDINANCE February 16, 1989 (3) Class III � Maximum permitted width of entrance. . . . 40 feet Minimum vermitted width of entrance. . . . 35 feet Naximum permitted curb cut. . . . . . . . . . . . . 70 feet Hinimum permitted curb cut. . . . . . . . . . . . . 65 feet Maximum flare. . . . . . . . . . . . . . . . . . . . . . . . . . 15 feet * Minimum Dermitted entrance uidth is tan (10) feet when serv.ing twelve (12) or fewer vehicle parking spaces at a multivle-dwelling unit facility. (g) 7he fol7owing set of driveway eccess conditions and criterie apply to driveway improvements on Koeller and Washburn Streets. (1) Driveways Corner clearance: a) near side = 175 feet b) far side = 720 feet Frepuency: a) one per residential property , b) two per comnerciel unit if frontage is greater than 600 feet c) additional driveway warranted if total ingress/egress volume exceeds 5000 vpd. Spacing: a) 105 foot minimum for 25 mph spead limit � b) 125 foot minimum for 30 mDh speed limit c) 150 foot minimum for 35 mph speed limit Width: minimum 24 feet if traffic volume is less than 750 vpd 30 feet if traffic volume is betwean 750 to 1500 vpd 50 feet if traffic volume is greater then 1500 vph addltional lene authorized if volume exceeds 500 vpd. in outbound or inbound direction. _�_ _ �g _ � �February 2, 1989 #479 #502 ORDINANCE February 16, 1989 Curb Radius: 20 feet minimum Restricted Lateral Clearance: 75 feet minimum if traffic is less than 1500 vph 120 feet minimum if traffic is greater than 1500 vph Downstream Median: Recommended et all four-lane driveways with accident pattern of head-on co171stons, and/or volumes exceeding 700 vpd. a) minimum width = 4 feet, desirabie width = 10 feet b) minimum length = 25 feet. (h) Anytime a parcel of lantl is cleared of existing surface improvements, the driveways serving that parcel should be cleared or reconstructed to conform to the guidelines set forth herein. SECTION 25-104.2 UNUSUAL CONDITIONS The Traffic Review Board is hereby authorized to grant in writing, variances from the strict application of driveNay conditions antl criteria provtded it is determined that the following conditlons are present: (1) The exception or variance desires 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 wi11 not adversely affect the rights of adjacent property owners or tenants. (3) 7hat exception or variance desired is not against the public interest, particularly safety; ronvenience ?nd general welfare. (4) That the strict applicatlon of the terms of this chapter will work unnecessary hardship on the property owner or tenant. SECTION 2. This ordinance shall be in full force and effect from and after its pubtication. -$- SJI35fITT�D BY ! ,1_°p:�f,'i�D �'�"�✓�'/! - 24 �'__.___ � 3 T T m o 0 D O N N � z Ati Q � r� 6d A .. l -f O� . . m �z aoc, � xx p .. Z Z Vt A . � � 1/i O V � N l0 � N zaa �- a OKO � ll TT T T O n NV� -O � i0 N 7S y l0 OJ In N Vt W l0 In �--c'F ^V l0 �� (� A >J ^T O (p lp � � 7 d d . . s �. n n � � z m .+ o o � .� `o io V � _._. A N A lP d l� m 4 tO d ✓' C r � 7 l0 N �. l0 v Y I O � � l. � r , W �