ORDINANCE 2003-2 Printer friendly page

ORDINANCE 2003-2

 

TOWN OF KICKAPOO (VERNON COUNTY)

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 Kickapoo Driveway Ordinance.

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
Kickapoo. The ordinance will set forth an orderly
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 Kickapoo has been granted village powers pursuant to Sec. 60.10 Wis. Stats, and
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
Kickapoo certain uses, activities, businesses and operations by
persons that may affect the public works and infrastructure in the Town of
Kickapoo and to act for the health, safety
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 Kickapoo.

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 Kickapoo, subject to the following
rules and regulations, will issue the Driveway Permit:

A. Requirements Governing the Driveway and its Intersection with a Public Road:

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 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 " 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
Kickapoo.

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
Kickapoo perform the actual work of constructing the private access road or setting the culvert, but the
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 Kickapoo will establish the fees for obtaining a Driveway Permit and penalties for failure
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 Kickapoo in violation of any of the provisions of this Ordinance
shall be deemed to be an unlawful driveway.

Any person who constructs an unlawful driveway, which intersects a town road in the Town of Kickapoo in

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
Kickapoo, will be subject to any penalties, forfeitures or conditions established by the State of Wisconsin and/or
Vernon County.

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 Private Access Road) A private road which gives access to private property from a public roadway.

Driveway Permit (Issued by Town of Kickapoo) A permit to construct a private driveway from a town road,
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.

Town Road Right-of-Way Town roads in the Town of Kickapoo are presumed to be three rods in width unless
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 Kickapoo and
posting as required by law.

 

 

 

 

 

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P.O. Box 1 Readstown, WI 54652 Phone: 608-629-5848