Peshtigo |
Code of Ordinances |
Chapter 40. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES |
Article IV. DRIVEWAYS |
§ 40-90. Approval required.
(a)
Purpose. For the safety of the general public, the City shall determine the location, size, construction and number of access points to public roadways within the City limits. It is the City's intent to provide safe access to properties abutting public roadways suitable for the property to be developed to its highest and best use, provided that access is not deficient or dangerous to the general public.
(b)
Authorization required to construct, reconstruct, alter or enlarge. No person shall construct, reconstruct, alter or enlarge any private driveway within the limits of the dedicated portion of any public street under the control and jurisdiction of the City without first obtaining authorization therefor as provided by this article.
(c)
Application. Application for authorization shall be made to the Director of Public Works and shall include a drawing accurately depicting the portion of the proposed private driveway to be constructed, reconstructed, altered or enlarged lying within the dedicated portion of the public street, the dimensions thereof and a statement of the materials proposed to be used. The applicant shall pay a fee in an amount established by the Common Council made available in the City Clerk-Treasurer's office. Upon receipt of the application and the fee if required, unless the proposed private driveway is a part of construction for a building or other structure for which a building permit has been applied for, in which case no additional fee is required, the Director of Public Works may approve such application if the proposed driveway complies with the terms and conditions of this and any other applicable City regulations.
(d)
Application provisions. All driveway applications shall contain the applicant's statement that:
(1)
The applicant represents all parties in interest, and that such proposed driveway is for the bona fide purpose of securing access to his property and not for the purpose of parking or servicing vehicles, advertising, storage or merchandising of goods within the dedicated portion of the City street, or for any other purpose.
(2)
The City, notwithstanding the construction of such driveway, reserves the right to make any changes, additions, repairs or relocations within the dedicated portion of the City street at any time, including relocation, reconstruction, widening and maintaining the street without compensating the owner of such private driveway for the damage or destruction of such private roadway.
(3)
The permittee, his successors or assigns, agrees to indemnify and hold harmless the City, its officials, officers, agents or employees, against any claim or any cause of action for personal injury or property damage sustained by reason of the exercise of such permit.
(4)
The City does not assume any responsibility for the removal or clearance of snow, ice or sleet or the opening of any windows of such material upon such portion of such driveway within the dedicated portion of the City street.
(Code 1991, § 6-3-1)