[Adopted 1-10-2005 by Ord. No. 1-2005]
As used in this article, the following terms
shall have the meanings indicated:
The Town Roads Committee Chairman or the Town Road Superintendent
if authority is delegated to the Superintendent by the Town Roads
Committee Chairman.
[Amended 12-10-2007 by Ord. No. 1-2007]
That portion of a Town road right-of-way lying between the
road pavement and the road right-of-way line and allowing for vehicular
access to abutting driveways or property.
The location of a road approach shall be consistent
with the provisions of this article and must not infringe on the frontage
of adjoining property. Each road approach shall be located so that
it does not cause undue interference with or hazard to the free movement
of road traffic, as determined by the Town or County Engineer or person
designated by the Town.
A.
Surface drainage shall be provided by the property
owner unless otherwise stated in writing by the person designated
by the Town. The drainage under fill areas and in roadway ditches
shall be large enough to carry the water that accumulates in the roadway
ditches, and in no case shall the size of the culvert be smaller than
12 inches in diameter and 26 feet in length.
B.
The length of road approach pipe placed in roadway
ditches shall be limited to 100 feet unless cleanouts are provided
for at distances not to exceed 100 feet. Cleanouts shall consist of
manhole-type structures which will meet existing conditions, as approved
by the Town Engineer or person designated by the Town.
C.
The property owner for a road approach shall make
provisions for handling the drainage from his or her own property,
and no drainage that is caused by installation of a road approach
shall flow from commercial or private property onto the surface of
the Town road.
A.
A property owner shall complete all construction requirements
for a road approach within a reasonable time and in manner that is
satisfactory to the Town Engineer or person designated by the Town.
B.
Road approaches and related areas shall be constructed
so that they do not impair drainage within the right-of-way, nor alter
the stability of the roadway subgrade, nor materially alter the drainage
of adjoining lands. Culverts, catch basins, and related improvements
shall be constructed and maintained in accordance with the specifications
and standards of the Town Engineer or person designated by the Town.
C.
The Town Engineer or person designated by the Town
has the right to specify the type, depth and area for surfacing and
pavement for all road approaches.
D.
Construction. All material needed to construct a road approach shall
be supplied by the landowner. Materials must be of satisfactory quality
and in general conform to Town road specifications for that type of
work. Construction materials are subject to approval by the Town Engineer
or person designated by the Town. Culverts shall be sized by Town
officials, but in no case may a road approach culvert be less than
15 inches in diameter. Culverts may be purchased from the Town at
cost plus a reasonable administration and delivery charge.
[Amended 1-8-2018 by Ord.
No. 1-2018]
E.
Road approach
permit. A road approach permit shall be obtained by the property owner
prior to construction of a new road approach, such as for a driveway
or field access. A road approach permit shall also be obtained by
the property owner prior to performing any maintenance on or replacement
of an existing road approach that will impact an existing culvert
or change the elevation of a road approach or drainage ditch. The
property owner shall obtain the road approach permit from the Town
Engineer or person designated by the Town. The road approach permit
fee shall be as set by resolution of the Town Board.
[Added 10-14-2019 by Ord. No. 6-2019]
It shall be unlawful to locate or construct
a road approach in violation of any of the provisions of this article.
In case of any violation, the Town Board or person designated by the
Town may issue a written order to the property owner directing the
property owner to correct the violation or remove the road approach.
If the property owner fails to comply with said order within 30 days
after the order has been mailed to the property owner, the Town Board
or person designated by the Town may institute appropriate action
or proceedings to enjoin a violation or cause the road approach to
be properly constructed or removed. Any cost incurred by the Town
to cause the road approach to comply or to remove a road approach
shall be charged to the property, which charge shall be entered as
a special charge on the tax roll.
Any property owner who fails to comply with
the provisions of this article or any order of the Town Board or person
designated by the Town or resists enforcement shall, upon conviction
thereof, forfeit the sum of $200 and the cost of prosecution of each
violation and in default of payment of such forfeiture and costs shall
be imprisoned in the county jail until payment thereof, but not exceeding
30 days. Each day a violation exists or continues shall constitute
a separate offense.
