Chapter 12.09
DRIVEWAY ACCESS MANAGEMENT
Sections:
12.09.010 Findings and applicability.
12.09.030 Permits and exemptions.
12.09.040 Location and construction requirements.
12.09.010 Findings and applicability.
The common council finds that designating standards for the placement, construction, and alteration of driveways to city streets is in the public interest to promote the orderly and safe movement in and out of properties in such a manner that constitutes minimal interference to traffic and safety. This chapter shall apply to any driveway or driveway connection constructed after December 31, 2020. If a driveway constructed prior to December 31, 2020 is geometrically altered, realigned, or relocated, the driveway shall conform to this chapter. (Ord. 2624-20 § 1 (part), 2020)
12.09.020 Definitions.
The following definitions apply in this chapter:
“AASHTO” means the American Association of State Highway Transportation Officials.
“Adequate sight distance” means the stopping sight distance or intersection sight approach distance as established by the most recent edition of the Wisconsin Department of Transportation’s Facilities Development Manual for the posted speed on the City street immediately in front of the lot.
“Auxiliary lane” means the portion of the roadway adjoining the traveled way for speed change, turning, weaving, truck climbing, maneuvering of entering and leaving and traffic, and other purposes supplementary to through-traffic movement.
“City” means the city of Brookfield.
“City engineer” means the city engineer or his or her designee.
“Collector street” means the same as in Section 16.04.020.
“Driveway” means any private way, private road, or other avenue of private travel that runs through any part of a private parcel of land that connects or will connect with any city street or public highway for the purpose of vehicular access.
“Driveway connection” means the connection of any driveway with any city street or public highway for the purpose of vehicular access.
“Local minor street” means the same as in Section 16.04.020.
“Major street” means the same as in Section 16.04.020.
“Private road” means a transportation facility designed and constructed to public infrastructure standards for roads, with a public access easement over it, and designated as a private road.
“Secondary street” means the same as in Section 16.04.020.
“Village area” means the parcels of lands partially or entirely contained with the following description of lands:
being that part of the lands southerly of the westerly extension of the centerline of Estate Circle in the Southeast 1/4 of the Southeast 1/4 of Section 8; also being that all that part of lands in the Southwest 1/4 of Section 9 southerly of the centerline of Estate Circle and its easterly extension to the east line of the said Section 9; also being all that part of the Northwest 1/4 of Section 16; also being all that part of the Northeast 1/4 of Section 17, all being within Township 7 North, Range 20 East, City of Brookfield.
“Vision setback” or “vision triangle” means the same as in Section 17.04.020. (Ord. 2794-22 § 1, 2022; Ord. 2624-20 § 1 (part), 2020)
12.09.030 Permits and exemptions.
A. No person shall construct, establish, reroute, or alter the location or existing slope of a driveway without having first obtained a permit under Chapter 12.18.
B. The City, Waukesha County, State of Wisconsin, contractors doing work on the City, County or the State’s behalf, and persons required to obtain a permit from Waukesha County or the State for an action covered under this chapter are exempt from the permit requirement. (Ord. 2794-22 § 2, 2022; Ord. 2624-20 § 1 (part), 2020)
12.09.040 Location and construction requirements.
A. The location, design, and construction of all driveways and driveway connections shall conform to the following:
1. A driveway connection shall be a minimum of 100 feet from any street or private road intersection, measured from the right-of-way to the nearest edge of the driveway connection or private road intersection, measured from edge of roadway to the nearest edge of the driveway connection.
2. A driveway connection shall be radial or perpendicular to the right-of-way line.
3. A driveway or driveway connection shall not have a slope greater than 10%.
4. A driveway or driveway connection shall not cause a significant change in topography in the right-of-way. A greater than 12-inch change in the vertical grade or approved grading plan for the lot or street shall be considered a significant change.
5. Corner lots shall have driveway connections to the lesser class public street, unless the following applies:
a. If the lot is being used for a non-residential purpose, the lot may connect to the higher class public street if in the opinion of the City Engineer and confirmed by the Common Council that the traffic generated by the commercial use would significantly and negatively impact the lesser class public street, all subject to approval by the County or State if said roadway is under their jurisdiction.
6. Driveways and driveway connections shall be designed and constructed in conformance with the most recent edition of the City of Brookfield Public Infrastructure and Development Handbook.
7. Driveways, driveway connections, and their appurtenances must be located within the lot’s boundaries unless approved as a shared driveway or private roadway.
8. At public street intersections, a driveway or driveway connection shall not provide direct ingress or egress to or from the public street intersection area and shall not encroach on or occupy areas of the street or right-of-way deemed necessary for effective traffic control, including turn lanes, or for street signs or signals where other alternatives exist.
9. State of Wisconsin or Waukesha County access regulations, if applicable.
B. In addition to subsection (A) of this section, driveways and driveway connections accessing major or secondary streets shall conform to the following:
1. A driveway connection shall be so located and constructed that vehicles either approaching it or using it will have adequate sight distance in both directions along the street.
2. More than one driveway connection may be allowed for a lot based on a traffic impact analysis, following the procedure set forth in the latest edition of the WISDOT Traffic Assessment Guidelines. Lots shall have the fewest number of driveways necessary to provide: level of service “C” operation as defined by the latest edition of the Highway Capacity Manual published by the Transportation Research Board; efficient site/lot utilization; and required access for protection services.
3. The City Engineer may require auxiliary lanes to be installed at the property owner’s expense for access to the driveway where deemed necessary due to traffic volumes based on the traffic impact analysis or where a safety or operational problem is expected without such a lane.
C. In addition to subsection (A) of this section, driveways accessing local minor streets and collector streets shall conform to the following:
1. All lots fronting local minor streets and collector streets shall be subject to the following standards for driveways:
a. The number of additional driveways allowed for a lot shall be as established in Section (B)(2) of this section except one additional driveway may be permitted without compliance with subsection (B)(2) of this section if all the following conditions apply:
i. The resulting driveway configuration is circular/continuous and both driveway access points are on the same road within the lot’s street frontage.
ii. The total average daily driveway vehicular trip volume for the lot does not exceed 20 as established by the latest edition of the I.T.E. Trip Generation Manual.
iii. The driveway connections are located on a road less than an average daily traffic volume of 2,500.
iv. The driveway connections have a minimum spacing of 40 feet edge of drive to edge of drive as measured along the right-of-way.
v. All other provisions of this chapter are met.
b. Driveway width, geometries, and slopes in commercial, industrial, retail and mixed use within redevelopment or new development projects shall be informed by a traffic impact analysis, if applicable, and meet the City of Brookfield Public Infrastructure and Development Handbook and may be approved as part of the project submittal.
2. For lots that contain conditional uses pursuant to Section 17.108.050, the City Engineer shall determine the appropriateness of additional driveways and driveway connections based upon the standards listed in Section 17.108.050(I) and a traffic impact analysis. The traffic impact analysis shall be submitted by the applicant at the time of application. The City Engineer may waive the requirement for a traffic impact analysis if, in his/her opinion, such an analysis is unnecessary for the proposed use. (Ord. 2794-22 § 3, 2022; Ord. 2624-20 § 1 (part), 2020)
12.09.050 Administration.
A. Administrator. The city engineer is responsible for administering this chapter.
B. Powers. As part of the administration of this chapter, the city engineer may:
1. Interpret the provisions of this chapter.
2. Collect any fee, deposit, and/or cost required by this chapter.
3. Select and retain an independent consultant with expertise in traffic or transportation to review any issue that involves specialized or expert knowledge in connection with any permit application.
4. Coordinate and consult with other city staff, committees, and governing bodies to ensure timely action on all other required permits under this code. (Ord. 2624-20 § 1 (part), 2020)
12.09.060 Variance procedure.
If an applicant seeks to deviate from the standards set forth in this chapter, the applicant shall file a written request for variance along with his/her permit application.
A. Applicants for a variance from the standards set forth in this chapter shall provide proof of unique or special conditions that make strict application of the provisions impractical and include proof of the following:
1. The applicant cannot achieve code compliant driveway access, no engineering or construction solutions can be applied to mitigate the condition, and no alternative driveway access is available; or
2. The applicant cannot provide safe access for protective services.
B. No variance shall be granted, unless denying the variance would prohibit all reasonable access; endanger public health, welfare, or safety; or cause an exceptional and undue hardship on the applicant. No variance shall be granted where such hardship is self-created. Consideration of reasonable access may account for exceptional site conditions including, but not limited to, topography, road network, right-of-way, lot dimension, and lot configuration.
C. The City Engineer may request that the variance request be supported by an engineering study, signed and sealed by a professional engineer registered in the State of Wisconsin, that demonstrates the variance would not create a safety or operational problem on the abutting street or negatively affect the public right-of-way.
D. Administrative Variances.
1. The city engineer shall initially review variance requests and may issue a variance, notwithstanding subsection (B) of this section, for the following matters:
a. The items listed in Section 12.09.040(A)(1) through (7);
b. The lot is located in the Village Area or a subdivision or land reconfiguration, as defined in Title 16, platted before July 14, 1960; or
c. An additional driveway is necessary for reasons other than traffic operation.
2. Any appeal of the City Engineer’s determination shall be filed in writing with the City Engineer within 30 days of notice of the City Engineer’s determination and be accompanied by a $50.00 appeal fee. The Board of Public Works shall hear appeals and make recommendations to the Common Council. The Board may issue subpoenas compelling the attendance of a witness or the production of evidence. At the hearing, the appellant and City Engineer may be represented by an attorney and may present evidence and call and examine witnesses and cross-examine witnesses of the other party. The Common Council’s decision shall be the final decision of the City. The appellant may seek review thereof by the circuit court by certiorari within 30 days of receipt of the final determination. The City elects not to be governed by Chapter 68, Wisconsin Statutes, in whole for an appeal under this Chapter.
E. For variance requests other than those listed in subsection (D) of this section, the City Engineer shall refer the request to the Board of Public Works and make a recommendation as to whether the variance should be granted or denied. If a variance request is from a lot subject to the requirements of Chapter 17.100, the City Engineer shall also refer the request to the Plan Commission. The Plan Commission may offer its opinion to the Board of Public Works via a report to the City Engineer on the appropriateness of the variance including, but not limited to, an assessment of site utilization. The Board of Public Works shall determine if the variance request meets the criteria of this chapter and make a recommendation to the Common Council. The Common Council’s decision shall be the final decision of the City. The applicant may seek review thereof by the circuit court by certiorari within 30 days of receipt of the Common Council’s decision. (Ord. 2794-22 § 4, 2022; Ord. 2624-20 § 1 (part), 2020)
12.09.070 Penalty.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2624-20 § 1 (part), 2020)