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ORDINANCE NO. 3.01

AN ORDINANCE OF THE TOWN OF BRIGHAM
TO REGULATE THE BUILDING AND MAINTENANCE OF
DRIVEWAYS AND FIELD ROADS

SECTION A AUTHORITY AND PURPOSE

The Town Board of the Town of Brigham has the specific statutory authority, pursuant to Wis. Stats. Sections 86.07(2) and 236.45, and by its adoption of village powers under Wis. Stats. Section 60.22(3), to provide regulations to promote the health and safety of the community, the transporting of public and emergency services personnel and equipment by regulating the placement, design, modification and maintenance of driveways and roads accessing public highways in the Town of Brigham.

SECTION B JURISDICTION

This ordinance applies to all driveways and roads installed, altered, changed, replaced or extended after the effective date of this Ordinance.

SECTION C DEFINITIONS

1. For the purposes of this Ordinance, these definitions shall apply:

(a) Driveway: A road or other traveled way giving access from a public highway to one building site located, or to be constructed, on adjacent land.

(b) Multi-user Driveway: A road or other traveled way giving access from a public highway to two, three or four building sites located, or to be constructed, on adjacent land.

(c) Road: An access from a public highway to farmland or other adjacent vacant land. The road leading from the road through the Town right-of-way shall meet the Town safety and elevation specifications.

(d) Variance: Any deviation from the provisions of this Ordinance that meets the legal definition of a variance. Note ourts have held that the property owner must show unnecessary hardship due to a unique property limitation in order to be granted a variance. A variance must be in the public interest. A property owner cannot create a hardship and then ask for a variance.

(e) Pull-off: A driveway widening on a single-user driveway to allow two vehicles to meet and pass. These widenings shall be 40 feet long and 8 feet wide and must be maintained at the same level as the finished road surface. Widenings can be on either side of the driveway and need not all be on the same side throughout the length of the driveway. Pull-offs shall be installed on single-user driveways every 300 feet, or as determined by the Town Plan Commission.

(f) Back-a-round: A widening or branching of a driveway to allow a vehicle to back in, change direction and travel in the opposite direction on the driveway. The dimensions will be determined by the Town.

(g) Turn-a-round: A circular driveway, such as a cul-de-sac, allowing a vehicle to change direction on a driveway. The dimensions will be determined by the Town.

SECTION D GENERAL PROVISIONS

1. Permit Required: No person shall construct a driveway or road without first obtaining a permit from the Town Board, pursuant to this Ordinance. The location of the driveway or road shall not deviate from the location determined by the Town without the Town approval.

2. Permit Application Procedure

(a) All applications for permits, authorized by this Ordinance, shall be in writing on an official form available from the Town Clerk. All permit applications shall be filed with the Town Clerk and a permit application fee paid, before the time when a meeting notice is posted to address an application. The amount of the permit fee is set forth in Town of Brigham Ordinance 1.01 Section C, as amended from time to time. Permit applications shall contain:

(i) the name, address and telephone number of the applicant;

(ii) the name of the property owner;

(iii) proof of the applicant ownership or right to possess the subject property;

(iv) identification of materials proposed to be used;

(v) the subject property and the proposed location of the driveway or road shall be sketched (identified) on a highlighted soils map obtained from Iowa County Land Records Mapping Office. The locations of any improvements and/or proposed improvements shall be indicated. All necessary paperwork and application requirements must be completed before an applicant will be scheduled and considered by the Plan Commission.

(b) The Town Clerk shall forward the completed application to the Plan Commission Chair, or designee. The Town Clerk shall make arrangements with the applicant(s) for the Plan Commission to conduct a site visit at the proposed location of the driveway or road to determine compliance with the provisions of this Ordinance. Following the site visit, the Plan Commission shall review the application, collect additional information, if necessary, and shall inform the Town Clerk of application compliance, or noncompliance. The Town Clerk will then place the Plan Commission recommendation on a Town Board agenda, in agreement by the applicant(s) and the Town Chairperson.

(c) If the Plan Commission, or the Town Board, does not approve the driveway or road application, the applicant(s) may request a variance, which the Plan Commission will then consider. The Plan Commission shall then send a recommendation to the Town Board, which shall, according to Town of Brigham Ordinances, accept or reject the variance request. (See Section I, Ordinance 3.01).

(d) The Town Clerk shall provide the applicant(s) with a copy of the approved permit or reason(s) for denial of same, and place a copy of the permit or denial in the Town of Brigham files, along with other pertinent information regarding the application.

SECTION E APPLICATION STATEMENT

1. All permit applications shall contain the applicant statement that:

(a) The applicant represents all interested parties and that the proposed driveway or road is for the bona fide purpose of securing access to the applicant property and is for the intended use proposed by the applicant. Applications will not be considered without the full extent of the driveway being sketched on a soils map.

(b) The Town, notwithstanding the construction of such driveway or road, reserves the right to make any changes, additions, repairs, or relocations within the dedicated portion of the public right-of-way at any time, including relocation, reconstruction, widening, and maintaining the public right-of-way without compensating the owner of such private driveway or road for the damage or destruction of such private driveway or road.

(c) The applicant and applicant heirs, successors, or assigns agree to indemnify and hold harmless the Town, its officials, officers, agents, or employees against any claim or any cause of action for personal injury or property damage sustained because of granting such permit.

(d) Utility relocation costs shall be the responsibility of the property owner.

(e) The installation and continued maintenance of culverts, when necessary, within the right-of-way along Town, County and State highways will be at the expense of the applicant.

SECTION F SPECIFICATIONS

1. The minimum road surface width for single-user driveways approved to serve a single lot or tax parcel shall be twelve [12] feet wide and include six [6] inches of breaker run rock, covered with four [4] inches of gravel. (See also pull-off requirement.)

2. The minimum road surface width for multi-user driveways approved to serve two, three or four building sites, lots or tax parcels, shall be 20 feet wide and include six [6] inches of breaker run rock, covered with four [4] inches of gravel.

3. All driveways, regardless of how many lots or tax parcels that are approved to serve, must provide a minimum width clearance of 24 feet.

4. All driveways, regardless of how many building sites, lots or tax parcels that are approved, must provide a minimum height clearance of 18 feet, including under tree limbs and electric power, cable television and telephone wires.

5. The maximum grade slope of all driveways shall be 10 percent.

6. The minimum road bed surface of single-user driveways, shoulder to shoulder, shall be 16 feet. The minimum road bed surface of multi-user driveways, shoulder to shoulder, shall be 24 feet.

7. Pull-offs (required on single-user driveways longer than 300 feet) shall be a minimum of 40 feet long and 8 feet wide (providing for a total road surface width of 20 feet in pull-off areas) and must be maintained at the same level and same material as the remainder of the finished road surface. Pull-offs must occur at least every 300 feet of driveway distance, or as needed as determined at the time of the site visit by the Plan Commission and approved by the Town Board.

8. The driveway or field road access shall slope away from the public road within the area of the public right-of-way, at least beyond the public road ditch, at a minimum of one (1) percent and a maximum of five (5) percent, to prevent erosion of material and water onto the public road and to facilitate easy entrance of the traffic onto the public road from the driveway and field road.

9. An adequate road base of suitable material to support the projected traffic and any requirements for culverts shall be determined by the Town or its designee.

10. If culverts are required, they shall be:

(a) constructed of material acceptable to the Town or its designee;

(b) a minimum diameter of 18 inches and a minimum length of 30 feet;

(c) placed in the ditch line at elevations set by the Town or its designee so as to adequately convey water and assure proper drainage and allow Town patrol workers to safely grade, mow and plow snow along the public road.

11. A turnaround or back-around shall be provided at the end of all driveways. This turn-around or back-around shall allow plow trucks, ambulances, and fire trucks to expediently turn and return to the nearest public highway. (See Diagram 1 in this Ordinance.)

12. Driveways may only be constructed on Class IV, V, VI and VII soils, except as follows:

(a) Driveways may cross over Class I, II or III soils along a property line that was in existence as of July 1, 2001. In this case, the driveway must be within 66 feet of the property line, but may lie anywhere within that 66 feet.

(b) Driveway may be constructed over Class I, II, and III soils along edges or through natural forests, as shown on FSA (Farm Service Agency) maps.

(c) Driveways may be constructed over Class I, II, and III soils in pastures as shown on FSA maps or CSM showing when a property line was established. No other exceptions will be granted.

13. There shall be no more than four households or users on any multi-user driveway and no more than one user on a single-user driveway.

14. There must be 200 feet of clear vision in both directions measured from the center of a driveway and the centerline of the highway, from a point where a driveway meets a public road, as viewed from three feet above the roadway surface. This clear vision shall apply to drivers view turning into a driveway and exiting a driveway.

15. There must be at least 100 feet of clear vision in both directions between driveways, as measured from centerline to centerline, where driveways enter a multi-user driveway and there must be at least 100 feet between driveways entering the same side of a multi-user driveway.

16. Driveways and roads shall not enter a public road closer than 300 feet from an intersection on the same side of the road.

17. There must be at least 200 feet between driveways and roads that are located on the same side of a highway. These distances shall be measured from centerline to centerline of the driveways or roads.

17a. Temporary roads, such as those used during logging, soil removal or similar purposes, shall be temporarily improved to meet the specifications as determined by the Town and by this ordinance. Upon completion of the logging or similar operation, the roadside shall be restored back to the original condition, unless an application for a field road or driveway is applied for and is approved by the Town. Use of these accesses shall expire in 280 days.

18. This driveway spacing does not apply to driveways originating from a cul-de-sac, however, safety of the situation may place other restrictions on those driveways originating from a cul-de-sac or limit the number of driveways originating from a cul-de-sac. No more than four driveways shall be allowed to originate from any cul-de-sac.

19. Driveways constructed or improved must be maintained to meet Town ordinance specifications including width and height clearance, slope and slope away from a public highway.

20. Roads and field roads shall not automatically become driveways. All driveways, including those requested to be constructed where a road and field road did or does exist, must meet all criteria set forth in this Ordinance.

21. A Town road may be adopted (from multi-user driveways) at the discretion of the Town Board. In most cases new town roads will not be adopted. Specifications must be met prior to a driveway being reviewed to become a town road. Those driveways under review must meet the following specifications:

(a) have a 24 foot base, including six (6) inches of breaker run and six (6) inches of gravel.

(b) have a seal-coated surface width of 20 feet, applied during two consecutive years, or have a blacktop surface applied.

(c) have a gravel shoulder of two (2) feet on both sides of the road, followed by shoulder slope not greater than 1-3 feet. (One (1) foot of vertical drop in each three (3) feet of horizontal distance.)

(d) have a turn-around with a radius of at least 40 feet.

22. A driveway entrance onto a county, state or federal highway shall be approved by the applicable jurisdiction. The driveway, after it leaves the highway right of way, must comply with this Ordinance.

All new driveways must meet the preliminary specifications of this ordinance (slope, width, breaker run rock, etc.) before building permits are granted by the Town. Driveway finishing, including gravel, and other surfacing, and turn around, may be installed after completion of construction but must be completed before an occupancy permit is granted.

SECTION G MULTI-USER DRIVEWAYS

Applicants may apply for multi-user driveway permits, provided a proposed multi-user driveway agreement is submitted with an application. The multi-user driveway agreement shall expressly provide for the responsibility of maintenance and repair of the multi-user driveway, including snow removal, maintenance and restrictions of use. Such agreements shall be approved by the Town Board prior to the issuance of a multi-user driveway permit. If approved, the joint driveway agreement shall be recorded by the register of deeds and is the responsibility of the applicant.

Applications for a driveway along a property line between two or more properties shall share the driveway entrance. Each property owner will receive two of the four user privileges allowed on a multi-user driveway, unless other arrangements are agreed to by all parties. If more than two property owners are involved, all parties must agree to the number of users each owner will receive before the Plan Commission will consider a driveway application. These agreements should be in writing and presented to the Plan Commission upon application.

The Town will not allow a property owner to construct a driveway in such a way as to permanently block access to property of an adjacent land owner.

SECTION H EXISTING DRIVEWAYS AND ROADS

1. When wash outs, erosion or other conditions created by existing driveways or roads become a potential hazard to a public highway, the Town Board shall provide written notice to the property owner of such conditions. If the property owner fails to correct such conditions within thirty (30) days from the date of the written notice by the Town Board, the owner shall be found in violation of this Ordinance. In addition, the Town Board shall take reasonable steps to eliminate the hazard, and charge the Town cost to the property owner as a special charge, pursuant to Wisconsin Statutes, Section 66.0627.

2. When there are additions or alterations to existing driveways, or when a zoning permit is deemed necessary, a driveway permit shall be necessary, and the driveway shall thereafter meet all specifications described within this Ordinance.

SECTION I VARIANCES

Where, in the judgment of the Plan Commission and the Town Board, it would be inappropriate to apply literally the provisions of this Ordinance because of an exceptional or undue hardship that exists, the Town Board may, upon the recommendation of the Plan Commission, modify the requirements to the extent deemed just and proper, as long as such modification does not violate the intent of this Ordinance as stated under Section A uthority and Purpose. Application for any variance shall be made in writing to the Town Clerk.

SECTION J EXPIRATION OF PERMITS

A driveway or road permit shall lapse if construction of a driveway or road is not completed within two (2) years from the date of issuance of the permit. A renewal of the permit, together with payment of renewal fees, must be filed before the driveway permit expires.

If the driveway permit expires, a new application must be filed.

SECTION K FEES

1. Driveway and road inspection fees must be paid prior to the review being placed on the Plan Commission agenda for the first site visit and prior to a building permit being issued.

2. All fees for driveway and road inspections and meetings relating to those inspections shall be charged against the application escrow fee. That escrow fee shall be paid prior to the first Plan Commission site visit and prior to the item being paced on the agenda. Refer to Town of Brigham Ordinance 1.01, Section C, for fees

3. A fee shall be charged for any driveway or road inspection that is necessary. Refer to Town of Brigham Ordinance 1.01 Section C for fees.

4.Renewal fees of driveway applications will be every two years, until a driveway is installed at least 50 feet from the centerline of a Town road.

SECTION L VIOLATIONS

1. It shall be unlawful to construct or modify any driveway or field road access in violation of this Ordinance.

2. If a person fails to make the corrections or alterations, as ordered by the Town Board, the Town Board may make the corrections or alterations and charge the Town cost to the property as a special charge, pursuant to Wisconsin Statutes Section 66.0627.

SECTION M DRIVEWAY DEDICATION

1. A final inspection of the driveway shall be done by the Town designee prior to occupancy of the building which the driveway serves. Until and unless a final inspection is completed, and this Ordinance adhered to, no occupancy permit shall be granted. The amount of the final occupancy inspection fee is set forth in Town of Brigham Ordinance 1.01, Section C, as amended from time to time.

2. Under no condition shall any driveway dedication occur prior to the driveway first being upgraded to comply with town and road standards, and Wisconsin State Statutes. All standards related to design, grading, construction and drainage shall meet State Department of Transportation Standard Specifications for Roads and Bridge Construction and its supplements, or the Town Subdivision Land Division Ordinance, the more restrictive standards and provisions shall apply.

SECTION N EFFECTIVE DATE

This Ordinance shall take effect and be in force from and after the day after its passage and publication/posting as required by law.

The above and foregoing Ordinance was duly adopted at a regular meeting of the Town Board of the Town of Brigham on the 6^th day of October, 2009.

TOWN OF BRIGHAM

_____ ______________________

Otis Nelson, Town Chairperson

___________________________

Doug Reeson, Town Supervisor

___________________________

Jerry Davis, Town Supervisor

ATTEST:

___________________________

Audrey Rue, Town Clerk/Treasurer

VOTE:

Ayes 3 Posted: October 28, 2009

Noes 0 Adopted: October 6, 2009

Town of Brigham Ordinance No. 3.01 Adopted 4/24/04, and amended 10/11/2006 Amended 10.6.20