ORDINANCE 2003-2
TOWN OF
DRIVEWAY ORDINANCE
CONTENTS:
Section 1. Title/Purpose
Section 2. Authority
Section 3. General
Provisions
section 4. Procedures
and Fees
Section 5. Penalties
Section 6. Definitions
Section 7. Effective
Date
1. TITLE/PURPOSE
This ordinance is entitled the Town of
The purpose of the ordinance is to regulate the location and
construction of any private access road (private
driveway) that will intersect any public road in the Town of
procedure for obtaining a driveway permit, and will establish driveway permit
fees and penalties for failure to obtain
a required driveway permit.
2. AUTHORITY
The Town Board of the Town of
has the specific statutory authority, powers and duties pursuant to Secs. 60.10. 66.0425 and 86.0" to regulate,
control, prevent and enforce against in the Town of
persons that may affect the public works and infrastructure in the Town of
and welfare of the public.
3. GENERAL PROVISIONS
A Driveway Permit is required whenever a proposed private access road
(private driveway) will intersect any public road in the Town of
If the proposed driveway will intersect a county or state
highway, the Wisconsin Department of Transportation, the
Vernon County Highway Department and or the Vernon County Zoning Administrator
will establish the rules and
regulations regarding conditions for the permit and compliance with the permit.
If the proposed driveway will
intersect a town road, the Board of the Town of
rules and regulations, will issue the Driveway Permit:
A. Requirements Governing the Driveway and its
Intersection with a
The private driveway must be designed
and constructed in such a way that it will not cause any damage to the town
road nor create any hazard to the public as they travel on the town road. In
order to meet this requirement, the Board
will determine (based on the specific location) whether or not a culvert is
required and, if so, the minimum diameter
and the length of the culvert. It will also determine the angle and slope of
the intersecting portion of the driveway
and whether any erosion control devices must be installed at or near the
intersection in order to minimize damage to
the public road. The minimum road width at the intersection shall be 20 feet,
with a minimum width clearance of 24
feet and a steel culvert, if necessary, no less than 30 feet. The minimum
height clearance, free of trees, wires, etc.,
shall be 14 feet. It shall have a road bed of 6 inches, composed of 2-3"
breaker rock (now called minus) covered
with four inches of ¾” aggregate gravel at grade. The driveway within the area
of the public right-of-way shall slope away from the public road at a minimum
of l% and a maximum of 5% to prevent erosion onto the public road. The angle of
any intersection of a town road and driveway shall be no less than 90 degrees
for a horizontal distance of 50 ft. from the intersection as measured from the
edge of the roadway. Any variance from these requirements must have prior approval
from the Town Board.
B. The applicant must agree to comply fully with Sections.
66.0425 and 86.07 Wis. Stats, regarding correction of
damage to public roads.
C. Minimum Driveway Standards
The Town Board requires that a proposed driveway that
serves a dwelling (use MFL definition
for dwelling) shall meet the minimum standards outlined below throughout
its length to allow for possible ingress of emergency vehicles:
Road
width 14 ft.
Width
Clearance 14 ft.
Height
Clearance 16 ft.
Maximum grade 10%
The roadbed shall consist of 6 inches of 2-3" breaker
rock (minus) covered with 4 inches of ¾ " gravel. At the end of the
driveway, a circle drive or cul-de-sac of 60 ft. radius shall be provided or
another method provided to allow turn-
around of service and emergency vehicles. Note: A driveway that is
requested to be taken over by the township
shall be reviewed by the Town Board for compliance and acceptance based upon
town road requirements.
D. The Town Driveway Permit does
guarantee that if the permit specifications are met and construction complies
with the standards outlined in this ordinance and on the Permit, the applicant
will not be liable for damages to the
town road
after construction is completed.
E. A landowner who has purchased
vacant property with no intention of farming or building any improvements (for
example, for hunting, camping, hiking, etc.), must construct a driveway
that at a minimum will allow parking off the town road right-of-way. A permit
must be obtained from the Town Board and the driveway must meet all
applicable standards for location, slope, drainage, size of culvert, and
surface preparation outlined in Section 3 (A) above.
F. If a landowner alleges that a driveway exists that is
presently serving open land without improvements, and that
now an application is being filed for a building permit for a structure which
will be served by that alleged driveway, the Board will examine the existing
driveway to determine if it is adequate to meet the specifications of this
ordinance. The Board will either document in writing the existence of an
approved driveway or will require changes to bring the driveway up to standard.
An approved Town Driveway Permit must be
in place before a building permit can be issued.
G. This ordinance does not address or regulate access
from a town road to agricultural land by agricultural
implements and related equipment. No driveway
permit is required for entry for agricultural purposes into a field or woods
that border a town road. However, Secs.
66.0425, 80.021, and 86.07 Wis. Stats, would apply regarding
damage or obstruction to a public road or right-of-way. No provision of this
ordinance would relieve any person
from a requirement to comply fully with Secs.
66.0425. 86.021, and 86.07, and corrective action would always be
required from an owner or operator who damages a public road. Any access to
agricultural land from a county or
state highway will be governed by the Wisconsin Department of Transportation
and/or the Vernon County Highway Department and this ordinance has no authority
over their conditions or requirements.
H. Any property that is developed
with cabins or small non dwellings must have approved driveways before the land
can be split up and sold.
I. When a driveway permit is issued
or an existing driveway is approved, an Address Number will be assigned to
the location and a sign will be obtained and installed by the Town of
4. PROCEDURE AND FEES
Application for a Driveway Permit to
intersect a town road should be made to the Town Chairperson, or in his
absence, to a designated Town Supervisor.
The application will include the legal description of the property, a
rough drawing of the proposed driveway site, and payment of the required fee.
The Chairperson or Supervisor will make an appointment to meet
with the applicant at the site to discuss the
specifics of the access road. Any specific requirements will be entered on the
permit and written permission will be
given to
begin construction.
All expenses of construction and
materials will be the responsibility of the applicant. Under no circumstances
will
the Town of
Town Chairperson may require that a town employee be present to oversee
the construction.
If the requirements and procedures of
this ordinance are not followed and a private driveway is constructed in such a
way as to cause damage to the town road
or to create a hazard to public safety, the township will require that the
private access road or driveway be changed to correct these flaws at the
private owner's expense.
When the private access road/driveway
is completed, the applicant will notify the Town Chairperson who will then
make a final inspection of the driveway, and if the driveway is properly
constructed, the Chairperson or Supervisor
will approve the driveway in writing on the permit.
The Board of the Town of
to obtain a Driveway Permit before constructing a private access road. The fee
schedule will be reviewed annually
by the Board and adjusted as needed so that the fee will cover the direct costs
of onsite consultation, inspection and
administration, and the cost for an Address Number sign.
The initial fee schedule established by the Board is shown
below and is effective with adoption of this ordinance:
Driveway Permit (includes initial on-site
consultation, any interim inspections or consultations as necessary, and
final site inspection and approval) $50.00
Address Number Sign
$45.00
5. PENALTIES
Any driveway constructed on land in
the Town of
shall be deemed to be an unlawful driveway.
Any person who constructs an unlawful driveway, which
intersects a town road in the Town of
violation of any provision of this Ordinance,
shall be required to forfeit not less man $10.00 or more than $100.00.
Each day a violation continues without action taken to remedy the situation
constitutes a separate offense.
Any person who constructs an unlawful driveway, which
intersects a state or county highway on land in the Town of
Any physical changes required by the Board of the Town of
Kickapoo to an unlawful driveway to bring the
driveway into compliance with the terms of this Ordinance and the terms of the
Driveway Permit will be made at the
private
owner's expense.
6.
DEFINITIONS
For the purpose of this ordinance the following definitions shall be used:
Driveway (Also called
Driveway Permit (Issued by Town of
through (the public road right-of-way to private property. A permit for a driveway
which would access a State or County highway, road or street will defined,
regulated and administered by the State of Wisconsin and/or Vernon County and
is not covered by this ordinance.
Dwelling Per state definition of meeting five of eight characteristics pertaining
to dwelling as referenced in MFL
legislation and according to Wisconsin Administrative Code NR46.15(9) or if
structure is occupied on a full time
basis.
Intersection The portion of the driveway that passes through the
public right-of-way to the town roadway.
originally deeded to the town with a lesser width specified.
7. EFFECTIVE DATE
This ordinance shall take effect after a Public Hearing and
adoption by the Board of the Town of
posting as required by law.
