TOWN OF
ORDINANCE
NO. 5-2007
TOWN OF
The title of
this ordinance is the Town of
Section
II. Authority.
The Town
Board has the specific authority under secs. 66.0425 and 86.07, Wis. Stats., to adopt a town driveway permit
ordinance, and has the general authority under its village powers under sec.
60.22, Wis Stats., to adopt this ordinance.
Section
III. Adoption of
Ordinance.
The Town
Board, by this ordinance, adopted on proper notice with a quorum and roll call
vote by a majority of the town board present and voting, provides the authority
for the town to regulate and permit certain driveways and highway access
locations in the town.
Section
IV. Definitions.
In this
ordinance:
A. "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 town highway, and will provide vehicular access from the highway to a
residence, business, recreational site, or other similarly appropriate use.
B. "Emergency
vehicle" means any fire, police, ambulance, or first responder vehicle
used in emergency or hazard activities in the town.
C. "Town"
means the Town of
D. "Town
board" means the board of supervisors for the Town of
E. "Town
clerk" means the clerk of the Town of
F. "Wis.
Stats." means the Wisconsin Statutes, including successor provisions to
cited statutes.
Section
V. Coverage.
A. No
person may establish or construct a driveway or reconstruct, reroute, or alter
any highway access onto a town highway without first obtaining a town driveway
permit to be issued by the Town Board chairperson, Town Board or its designee.
B. Any
person prior to and at the time of seeking a town driveway permit must own or
have a legal interest in and current legal access to the land to which the
permit will apply.
Section
VI. Specifications.
A. All driveways
in the town for which a Town Driveway Permit is required under Section V shall
meet all of the following minimum requirements:
1. Access driveways shall have a setback of 15
feet from an adjacent property line.
2.
The maximum number and width of access driveways to highways and service roads
shall be as follows:
a. Real
estate parcels used primarily for commercial, industrial and agricultural
purposes shall be allowed two access driveways with a maximum 35 feet and
minimum 20 feet width measured from the pavement edge or the edge of the graded
portion of non-paved roads. The width, measured ten feet from the pavement edge
or the edge of the graded portion of non-paved roads, shall not exceed 62 feet.
The access driveways shall be located at least 15 feet from an adjacent private
property line and shall meet at least a 75-foot spacing from adjacent access
points, measured from the edge of the driveways.
b. Field
accesses shall not be restricted regarding the number of driveways or width
requirements, but are subject to the approval of the Town Board chairperson,
Town Board or its designee.
c. Residential
properties shall be allowed one improved access drive with a maximum width of
32 feet and a minimum width of 20 feet measured from the pavement edge or the
edge of the graded portion of non-paved roads. The width, measured ten feet
from the pavement edge or the edge of the graded portion of non-paved roads,
shall not exceed 40 feet. The access driveways shall be located at least 15
feet from an adjacent private property line.
d. A
residential property may utilize a horseshoe driveway as long the access points
meet the required side yard setback of 15 feet and the total frontage does not
exceed the maximum width of 32 feet and the Town Board chairperson, Town Board
or its designee has approved the access points.
e. One
unimproved driveway shall be allowed on each lot as long as it meets the side
yard setback of 15 feet and the Town Board chairperson, Town Board or its
designee has approved the access point. An unimproved driveway is herein
defined as a driveway that does not serve the principal residence in any way
and does not have any type of hard surface or base course.
3. All driveways shall have culverts of an
appropriate size to maintain proper ditching unless deemed unnecessary by the
Town Board chairperson, Town Board or its designee.
B.
Access drives shall be designed and constructed to provide adequate
access for emergency vehicles to the building location. Where it is deemed that
a driveway may not meet this requirement, local emergency personnel may be
contacted for verification. If it is found that the driveway is unsafe or
inaccessible the driveway permit can be denied
Section
VII. Application and
permit provisions.
A. The
Town Board shall approve a form for application for the town driveway permit,
which shall be available from the Town Board chairperson, Town Board or its
designee.
B. The
applicant for a town driveway permit shall submit to the Town Board
chairperson, Town Board, or its designee a completed application for each
proposed driveway with the appropriate fee and with the following attachments:
1. Sketch
Map. A rough sketch showing the conceptual idea of the project
and approximate location and dimensions of the project.
2. Plat
Map. A plat map indicating the location and dimensions of the desired driveway
as well as the parcels immediately adjacent to the applicant's property.
3. Other
Documents. The town board may require other documents to be attached to the
Driveway Permit Application.
C. The
Town Board Chairperson, Town Board or its designee shall approve or deny every
Town Driveway Permit Application and may, as a condition of issuance, place
specific restrictions or conditions on the permit. Reasons for denying a town
Driveway permit application may include factors impacting on public health,
safety, and general welfare of persons in the Town of Sampson,
D. In
the event of a denial of a Town Driveway Permit Application, the Town Board
chairperson, Town Board or its designee shall recite in writing the particular
facts upon which it bases its denial of the permit. The Town Board shall also
afford the applicant an opportunity for review of the decision and present
evidence at a public hearing after a Class 1 Notice under sec. 985.07, Wis.
Stats., of the hearing. Thereafter, the decision may be affirmed, reversed or
modified.
E. A
Town Driveway Permit is effective for 12 months from the date of issuance.
1. The
applicant shall notify the Town Board Chairperson or designee within 30 days
after completion of the construction, reconstruction, rerouting, or alteration
of the driveway or highway access. Within 30 days of notification, the town
shall conduct an inspection of the driveway to ensure full compliance with all
of permit conditions and provisions of this ordinance.
F. The
Town Board, or its designees, shall have the right of inspection onto land
pursuant to a warrant issued under sec. 66.0119, Wis. Stats., for the purpose
of inspecting existing or proposed driveways to determine if the driveways will
allow for the safe and timely travel by emergency vehicles or vehicles of the
general public.
Section VIII. Waiver of Requirements.
The Town Board may waive the
requirements set forth in this ordinance, upon application to and hearing by
the Board, for good cause shown and when the waiver will secure substantially
the purposes described in Section II, and will not be detrimental to public
safety, health or welfare, or injurious to other persons or property.
Section
IX. Penalty provision.
Any person, partnership,
corporation, or other legal entity that fails to comply with the provisions of
this ordinance shall, upon conviction, be penalized by the Town of
Section
X. Severability
Clause.
If any
provision of this ordinance or its application to any person or circumstance is
held invalid, the invalidity does not affect other provisions or applications
of this ordinance that can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are severable.
Section
XI. Effective date.
This
ordinance is effective on publication or posting.
The town clerk
shall properly post or publish this ordinance as required under sec. 60.80,
Wis. Stats.
Adopted this 5th
day of November 2007. Amended 3 November 2008.
Joseph Butterfield, Town Board Chairman
Norman Gutsch, First Supervisor
Chris Haller, Second Supervisor.
Attest: Veda Reed, Town Clerk