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Home My Public Portal About241CITY OF MEDINA ORDINANCE NO. 4 4 AN ORDINANCE AMENDING CHAPTER 4 OF THE MEDINA CITY CODE REGARDING ROADS, SECTION 400. DRIVEWAYS The City Council of the City of Medina Ordains as follows: Section I: The Code of Ordinances of the City of Medina is amended by deleting the stnieken materials and adding the underlined materials as follows: 48878+7 --Permit -Required- --Ne-persen -sha44-eenstruet -er-reeen- struet -er -make -any -substantial-aiteratien -ef -any -eanb -eut; driveway -er -ether -alteration -apen -any -eitp -right-et-way-witheut first-ebtaining -a -Permit -f rem -the -Supervises -ef-Pula+ie -Werks -as previded-by-this-8rdinanee- 488..-83---Appiieatien -fer -Permit---Appiieatien -far -a -driveway permit -hereunder -shaii -13e -made -in -writing -te -the -Supervises -ef Pubiie -Werks -en -a -teen-presenibed -by -the -Supervisor -ef-Pubiie Werks-whieh-ineiue}es; -but-is-net-limited-te-the-feiiewing-infer- matien- 488-89---Appiieants- --The-name -and -address -ef -the -ewner -ef -the prepeety -te -be -served -bp -the -driveway; -er -ether-persen-authe- rieinr-the-driveway-and-the-eentnaeter-eyeing-the-eenstruetien; 488784- --Plans- --'the-ieeatien -ef -the-eenstruetfen -area-tegether with -drawings -er -plans-shewing -the -details -ef -the-prepesed eenstruetfen;-ineIuding -the-previsiens -for -drainage; -and -the eievatien-ef-the-driveway-fn-refatien-te-the-Eitp-street- 488.-89---Infenmatien---Sight-distanees -en -the -Eity-street;-and. any-ether-infermatien-required-by-the-Supervises-ef-Pub�ie-Werks7 488 4 .7. --Standards -fer-Issuanee -of -Permit- --The -Supervises -ef Pubife -Werks -shall -issue -a -driveway -permit -hereunder -when -he finds- Sube7- -i- --That -adequate -prevision -has -been -made -fen -the drainage-ef-surfaee-waters; Subd7-37--That-eenstruetien-ef-the-driveway-as-prepesed-wilI net -interfere -with -read -grading; -spew-remevai; -er-ether-mainte- nanee-and-read-eenstruetien-needs-ef-the-Eity-ef-Medina; Sab47-37--That-aequate-sght-e4stanees-have-bees-prevideel St hd- -47 --That -the -use -ef -the-prepesed -drveway -w4II -set t nreasesai9y-istertere-with-13uh}ie-travel-ser-impair-the-use-and es4eyment-a€-ether-preperty7 4887137--Teehnieai-Assstasee- --The -Supervises -et-Pt3hiie -Weeks ; is-eenneeties -with -review-et -as-Appiieaties;-may -request -the assstanee-et-the-Eity-Bnqneer-Bu4+ding-+sspeetef -e y-Atter- ney;-ee-ether-persess-as-nay-lie-eequ+red-te-peeeess-the-appiiea- tien- 488-i5---Fees---The-Supervises-et-Ptbiie-Wes s-shaii-eeiieet-the teiiewsq-fees-s-eesneetes-wth-any-appiieatien-ter-a-driveway permit- Ssb(4- -i---Appiieaties -Fee.- --At -the -time -et-aeeeptiss -an appiieatien-ter-driveway -permit;-a -feline-tee;-in-an-ameunt-set isy -the -e ty-Feusei i9y-Reselutien -shaii -he-sahmtted -by -the appiieast-te -eever -the -adminstratve -east -et-the-Stiperv4ser -et Pub4ie-Werksis-inspeetien-and-issaanee-et-the-permt7 400.01. Definitions. For the purposes of Sections 400.01 through 400.15, the following terms shall have the meanings given to them unless the context clearly indicates otherwise: a) "Corner" means the point of intersection of the lines of two street curb faces or payment edges extended into the street intersection; b) "Director" means the Director of Public Works of the City of Medina; c) "Driveway" means a paved or otherwise delineated area off of the right-of-way used for the operation of vehicles; d) "Driveway approach" means a paved or otherwise delin- eated area on the right-of-way between the roadway and private property intended to provide access for vehi- cles from a roadway to private property. 400.03. Permit Reauired. No person shall construct, reconstruct or make any substantial alteration of any curb cut, driveway or driveway approach on any property within the city without first obtaining a permit from the director as provided in this ordi- nance. 400.05. Application for Permit. Application for a permit shall be made in writing to the director on a form prescribed by the city and which shall include the following: 2 a) The name, address and telephone number of the owner of the property to be served, or other person authorizing the work and of the contractor; b) The location of the construction area together with drawings or plans showing the details of the proposed construction, including the provisions for drainage, and the elevation of the driveway in relation to the adjacent street; c) Sight distances on the street; and d) Such other information as the director may require. 400.07. Issuance of Permit. Subd. 1. The director may issue a permit hereunder when he or she finds that the following condi- tions will be satisfied: a) adequate provision has been made for the drainage of surface waters; b) construction of the driveway as proposed will not interfere with road grading, snow removal, or other maintenance and road construction needs of the city; c) adequate sight distances have been provided; and d) the use of the proposed driveway will not unreasonably interfere with public travel nor impair the use and enjoyment of other property. Subd. 2. The director may request the assistance of the city engineer, building inspector, city attorney, or other persons in connection with review of an application for a permit. 400.09. Fees. At the time of filing an application for a permit, the director shall collect from the applicant a fee to cover the cost of review of the application and issuance of the permit. The amount of the fee shall be established by resolution of the city council. Additional expenses incurred by the city in connection with the review and issuance of the permit may, at the discretion of the director, be billed to the applicant. 400.11. Construction Requirements Generally. In addition to such rules, regulations and specifications as may be required by the director for specific projects, the following requirements shall be met with respect to all work performed under permits issued pursuant to this ordinance: 3 a. Required excavation for drainage shall before placement of the culvert or fill the driveway approach; b. The driveway approach shall be completed before any other construction may begin perty; be completed material for and graveled on the pro- c. During the time of construction on the property, the driveway approach shall be the only ingress or egress to the property; d. Driveways shall be located a minimum of 10 feet from the side property line; e. Except as otherwise provided, no driveway may be located closer than 100 feet from a corner. In the urban residential, urban commercial and urban indus- trial districts, no driveway may be located closer than 50 feet from a corner or shall be located as far from a corner as is reasonably practicable; f. If a parcel of land has frontage on both a cul-de-sac and a lead-in portion of a right-of-way, the driveway shall be constructed off of the lead-in portion of the right-of-way and not the cul-de-sac; g. Only one curb cut shall be allowed per parcel of land. If the parcel of land is bordered by more than one right-of-way, the curb cut shall be located on the lesser traveled right-of-way, as determined by the director; h. In new subdivisions, driveways for existing dwellings or properties shall be relocated to be served from the new subdivision right-of-way; i. The total width of a driveway approach shall not exceed 20 feet for residential property; J The total width of a driveway approach shall not exceed 32 feet for commercial and industrial property; k. Drainage from the driveway shall not be onto the right-of-way, unless the right-of-way is designed for such purpose; 1. No tree, shrub, or other obstruction may be placed adjacent to a driveway if it may impair sight dis- tances. 4 400.13. Authority of the Director. All work done under a permit issued in compliance with this ordinance shall be under the direction and supervision of the director who is hereby authorized to make the necessary rules, regulations and specifications with respect to materials for and method of construction of driveways. A permit issued under the provisions of this ordinance may be revoked by the director if he determines that the construction or activity authorized by the permit is not being performed according to the terms of the permit or this ordinance. A11 construction work shall cease upon receipt of a notice of the revocation of a permit. 400.15. Waivers; Appeals. Subd. 1. The city council may grant a waiver from any requirement of this ordinance if it determines that such requirement is not necessary for protection of public health, safety or welfare. In granting a waiver, the city council may impose such conditions or requirements as it deems reasonably necessary to protect the public health, safety or welfare. Subd. 2. Any person aggrieved by a decision of the director regarding the issuance, non -issuance or revocation of a permit under this ordinance may appeal such decision to the city council. After consideration of such appeal, the city council may make such findings and issue such orders as it deems appro- priate. Subd. 3. The city council may consider requests for waivers and appeals following such hearing and notice as it deems appro- priate. Section II: This ordinance shall become effective upon its adoption and publication. Ado ted by the city council of the City of Medina this f � 1989. .r day o ��t� , as Ande son, Mayor ATTEST: Donna Roehl, Clerk -Treasurer Published in the Crow River News this C day of A--tie/iI, 1989. MedOrd1:0045OD12.E40 5