Town of Genesee, WI Article IV Use of Rights-of-Way; Culverts, Driveways and Mailboxes

[Adopted 2-14-2011 by Ord. No. 11-1]

§ 500-19 Use of Town rights-of-way restricted.

No person shall use Town rights-of-way for any purpose whatsoever without written permission of the Town of Genesee Public Works Superintendent, except for ordinary vehicular and pedestrian traffic in designed portions of the rights-of-way, unless otherwise specifically authorized by state statute or Town ordinance.

A. No trees, shrubs, bushes, landscaping materials, structures, etc., shall be planted, constructed or placed within a Town road right-of-way, except structures specifically authorized under another section of this article. The Town of Genesee is not responsible for any damage that occurs to planters, plantings or landscaping located within the Town road right-of-way. It is the owner's responsibility to remove any interference caused by private trees.

B. Within vision setback areas, no structure of any kind shall be permitted which exceeds 18 inches in height, except necessary highway and traffic signs, address signs, public utility lines and open fences through which there is clear vision, nor shall any plant material be permitted which obscures safe vision of the approaches of the intersection.

C. The Town will attempt to mow a minimum of 12 feet from the edge of the road (if possible).

§ 500-20 Culvert regulations.

A. Compliance required.

(1) Prohibition. No person shall install a culvert, or travel on a Town right-of-way where a culvert is installed, unless the culvert fully complies with the regulations of this article.

(2) Culvert required. A culvert permit shall be obtained prior to a building permit being issued. The culvert must be properly installed prior to a footing inspection being completed. The installation of all culverts in the Town of Genesee shall be done by the property owner or its agent or designee.

(3) Permit required. No person, firm or corporation shall make any excavation or fill or make any alteration in any highway right-of-way or in any manner disturb any highway right-of-way or install or have installed or caused to be installed any culvert which is within or will allow access or easement to property in the Town of Genesee without first obtaining a culvert sizing permit.

(4) Purpose. The intent of this section is to assure drainage ditch preservation and to assure adequate surface water and stormwater drainage.

B. Definition. Culverts are those structures which function to convey surface water through an embankment or under a roadway or under a driveway.

C. Design specifications.

(1) Public Works Superintendent's determination.

(a) The location and grade of culverts shall be determined by the Public Works Superintendent, consistent with the criteria stated in this article.

(b) The size and specification of culverts shall be determined by the Public Works Superintendent, consistent with the criteria stated in this article.

(c) The inspection of culverts, after installation, shall be made by the Public Works Superintendent, consistent with the criteria stated in this article.

(2) Special design criteria.

(a) Apron ends shall be provided on cross-road culverts and driveway culverts, unless approved by the Town Public Works Superintendent.

(b) All driveway culverts shall be at least 15 inches in diameter, and no driveway culvert shall be less than 22 feet plus end sections or more than 30 feet plus end sections in length at the outer street edge unless special permission is obtained from the Town Board.

(3) Standard material and construction specifications. The applicable portions of the most current edition of the State of Wisconsin, Department of Transportation, Standard Specifications for Road and Bridge Construction shall govern, except as herein amended.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) Special material specifications. All culverts must be made of reinforced concrete or corrugated metal pipe.

(5) Private entrance culvert location.

(a) In cases of a single entrance to the property, the culvert, as located in the ditch, shall be a minimum of three feet off of said lot line, as extended.

(b) Where a joint access is required, the culvert is to be centered on the line between the two properties as extended to the ditch. The driveways where they cross into the respective properties shall be a minimum of five feet off of the property line.

(c) The Town Board may grant a variance from the location requirements of this subsection where the Town Board finds that compliance with these requirements presents undue hardship due to topography or other natural features.

D. Culvert sizing permit.

(1) Cost. The owner of the property serviced by a culvert or any applicant for installation of a culvert shall pay an application fee as established from time to time by the Town Board together with all actual administrative, legal, inspection and engineering fees to the Town Clerk or designee before any building permit or occupancy permit is issued. If at any time additional actual administrative, legal, inspection and engineering costs are incurred by the Town for any reason, including the subsequent inspection of the culvert due to improper installation, the owner shall be responsible for payment of any and all such costs.

(2) Application procedure.

(a) Application form. Applications for a culvert sizing permit shall be made in writing to the Town Public Works Superintendent on forms prescribed by the Town Board. The property shall be described by address and tax key number. The proposed culvert location shall be described on the form.

(b) Staking required. The owner/applicant must stake the proposed culvert location at the property using properly marked stakes to show center of proposed culvert location.

(c) Review process.

[1] Upon receipt of the application, the Town Clerk shall immediately forward a copy of the same to the Public Works Superintendent.

[2] Upon receipt of the copy of the application, the Public Works Superintendent shall review the same, determine the appropriate size and grade and report the same to the Town Clerk. A minimum of one week from the Public Works Superintendent's receipt of the application shall be allowed for the Public Works Superintendent's determination.

[3] Upon approval of the location, payment of all fees and a determination of size and grade by the Public Works Superintendent, a Town culvert sizing permit shall be issued.

(3) Permit conditions. All culvert sizing permits shall be subject to the conditions that the work shall be constructed subject to such rules and regulations as may be prescribed by the Town and be performed and completed to the Town's satisfaction, that in the case of a temporary alteration the highway shall be restored to its former condition, and that the permittee shall be liable to the Town for all damages which occur during the progress of the work or as a result thereof.

E. Culvert maintenance and repair. Every property owner will have the continuing responsibility and obligation to maintain and repair the culvert(s) servicing its property. Should any culvert become in such a condition or state of disrepair, damaged to such an extent that the flow of the drainage or access by motor vehicles is affected thereby, including any trees/vegetation interfering with the inlet/outlet, the property owner shall take whatever actions are necessary to remove trees/vegetation or repair or replace said defective culvert.

F. Culvert installation may be required in existing driveways. Where the public welfare requires a suitable culvert for an existing driveway, the Town Board shall notify, in writing, the property owner that the Town will install a culvert at the expense of the abutting property. The property owner shall deposit a sum in an amount equal to the estimated cost of installing such culvert within 10 days from the date of notice. If the deposit is not made, and if the cost of the installation to the abutting property is not paid to the Town Treasurer on or before November 1, the same shall be entered on the tax roll as a special charge against the property.

§ 500-21 Driveway regulations.

[Amended 2-25-2020 by Ord. No. 20-1]

A. Interference with intersections prohibited. At street intersections, a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Town Public Works Superintendent for effective traffic control or for highway signs or signals.

B. Interference with street prohibited. No driveway apron shall extend out into the street further than the face of the curb or the edge of the paved portion. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of streets, side ditches or roadside areas or with existing structures on the right-of-way.

C. Number of approaches limited. In all districts the number of road accesses shall be limited as follows: No more than one driveway entrance and approach shall be constructed for any lot or premises unless the Town Board approves an additional access after being deemed by the Town of Genesee Public Works Superintendent to comply with all of the following criteria:

(1) The existing access in not feasible to serve the property or structure in question.

(2) Adequate sight distance is provided at the proposed entrance location.

(3) The proposed access is to eliminate the destruction of mature trees, wetland area, environmental corridor or floodplain area.

(4) The Topography of the site severely restricts the use of the existing access to serve the property/structure.

(5) The second access shall not be located on a different street when serving the same property, unless special permission is granted by the Town Board.

D. Five feet from side lot lines. All driveways entering onto Town roads shall be at least five feet off of the nearest side lot line at the point where the property line meets the Town road right-of-way line unless otherwise approved by the Town Board. Moreover, all driveways or portions thereof located within the right-of-way shall be at least five feet off of an imaginary line drawn perpendicular to the right-of-way line to the roadway pavement from the point where the nearest side lot line meets the right-of-way line unless otherwise approved by the Town Board.

E. Restoration required. When curb and gutter is removed, the new construction and connection shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat, workmanlike manner. Any sidewalk areas which are damaged shall be replaced.

F. Property owner liable for damage or injury. The property owner shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly from construction or repair of driveway approaches or entrances.

G. Concrete surfacing of private driveways. If a driveway is installed as a concrete driveway, the concrete shall not extend over the driveway culvert, or between the culvert and the traveled portion of the roadway. If there is no driveway culvert then the concrete shall be no closer than six feet to the traveled portion of the roadway. The area between the concrete driveway and the traveled portion of the roadway shall be paved with asphalt or paver brick. Further, driveway pavement installed within 10 feet from the traveled portion of the roadway shall have a rise of not more than six inches.

§ 500-22 Mailbox regulations.

[Amended 3-14-2011 by Ord. No. 11-2; 2-9-2015 by Ord. No. 15-1]

A. All mailboxes shall be located in conformity with the requirements of the United States Post Office.

B. The Town of Genesee ("Town"), contractor hired by the Town ("contractor") or assigns shall not be responsible for damage to mailboxes that are determined by the Town Public Works Superintendent to have been improperly installed or to have deteriorated posts and mounting material or which were not physically struck by Town or contractor equipment. The Town shall not replace any mailbox in kind. Should an investigation determine that a mailbox was damaged by Town or contractor equipment, the property owner shall receive a standard (four inches by four inches) post and box unit or the cash equivalent of a standard (four inches by four inches) post and box unit as determined by the Town. The post shall consist of either a treated or cedar material, depending on what was found in the investigation.

C. Should the property owner dispute the findings of the Public Works Superintendent, he/she may request in writing that the matter be placed on the agenda for the next available meeting of the Town Board for discussion and action.

§ 500-23 Obligation for corrective work. [1]

If any culvert is installed, driveway access is built, alteration is made in a right-of-way, or other unauthorized condition exists in violation of this article, the violation shall be corrected by the owner of the property, at the property owner's sole expense. If the violation of this article is not corrected after 10 days written notice from the Public Works Superintendent, the Town may make all necessary corrections, including removing the culvert or fill or other cause of the violation and rebuilding conforming improvements if deemed necessary by the Public Works Superintendent and restoring the right-of-way, and bill the property owner for all of the expenses incurred by the Town in said corrective work. If said property owner fails to pay the Town's expenses, the charges shall be placed upon the tax roll and collected as a special charge under § 66.0627, Wis. Stats.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 500-24 Violations and penalties. [1]

Each violation of any provision of this article shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code. In addition to any penalty imposed for violation of this article, the Town may charge the violator the actual costs and expenses of correcting the violation, and if the violator does not pay such charge, the same may then be added to the tax roll as a special real estate charge pursuant to § 66.0627, Wis. Stats.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).