[Adopted 9-18-2012 by Ord. No. 2012-9]
The purpose of this article is to protect the health, safety, convenience and general welfare of the public that utilizes pedestrian and vehicular travel or utilizes available public services on local streets, roadways, alleys and other public transportation facilities within the Town. This article acts to ensure that all improvements or alterations to roads and rights-of-way in the Town are built or replaced to the best standards possible and to ensure that driveways are planned and designed with the intent of safe travel and public service accommodation. This article shall not repeal, impair or modify private covenants or public ordinances, except that it shall apply whenever it imposes greater restrictions.
This article is intended to provide a framework for persons or entities that utilize the right-of-way for roadway additions, roadway alterations, access to property, alteration to property access, underground accommodations, and surface alterations within the right-of-way. By means of this article and the intent of the ordinance, the Town of Pacific shall determine the quality, location and construction of all improvements that may be made in or encroach into the public right-of-way, and shall determine the adequacy of improvements or modifications subject to travel by any public services. This article repeals and replaces any previously adopted Town ordinance as to those matters that are provided for in this article.
The Town Board has the specific statutory authority, powers and duties, pursuant to the specific statutory sections noted in this article and by its adoption of village powers under §§ 82.50, 82.51 and 82.52, Wis. Stats., and Ch. Trans 204, Wis. Adm. Code, to regulate, control, prevent and enforce in the Town certain uses, activities, businesses and operations by persons that may affect the public works and infrastructure in the Town.
The Town Board has, by adoption of this article, confirmed the specific statutory authority, powers and duties noted in the specific sections of this article and has established by these sections and this article the regulations, controls and enforcement against certain uses, activities, businesses and operations by persons that may affect the public works and infrastructure in the Town.
This article applies to all persons or entities making or proposing to make use of the public right-of-way, except where specifically noted herein.
The Town, by means of this article, requires any or all of the following permits for work that utilizes the right-of-way for roadway additions, roadway alterations, access to property, alteration to property access, underground accommodations, and surface alterations. Each person desiring to undertake an activity regulated by this chapter shall submit the appropriate application(s), information and fee(s) as required by the applicable section(s) in this chapter, no less than four weeks prior to the time the work is scheduled to begin.
A. 
Work-in-Town-right-of-way permit (Article II of this chapter). No person, business entity or governmental body, or any agent thereof, may excavate, open, plant, install underground utilities, overlay or modify any public highway, road, street or alley in the Town without receiving a permit from the Town or its designee prior to commencing the proposed activity. The application requirements, fees, permit form(s), and permit conditions for such activities are available in Article III of this chapter, as applicable.
B. 
Town road access permit (Article III of this chapter).
(1) 
As part of access construction, no structure, object, excavation or growth shall be constructed, reconstructed, altered, placed, installed or planted within the right-of-way of a Town road until the Town or its designee has issued an access permit. The application requirements and fees for such activities are available in Article III of this chapter, as applicable.
(2) 
An applicant that seeks an access permit from the Town may also be required to submit a permit as provided in Article II, Right-of-Way Control, if:
(a) 
Part of the construction is within or adjacent to a Town right-of-way;
(b) 
That part of construction in the right-of-way is not necessary to complete the access construction; and/or
(c) 
The timelines of construction are not similar.
(3) 
If an access permit is requested for an activity and an additional work-in-Town-right-of-way permit is required, the Town Building Inspector/Town Engineer shall provide notice to the permittee. The permittee remains responsible to obtain all required permits as necessary for any construction activities in or adjacent to a Town right-of-way at any time before, during or after construction.
C. 
Driveway modification permit (Article IV of this chapter).
(1) 
A driveway modification permit is required if a property owner of an existing driveway along a Town road is proposing to perform any of the following activities:
(a) 
Realign a single active driveway to any location within the limits of the property.
(b) 
Combine two single driveways on individual properties for use as common driveway.
(c) 
Change the use of a particular existing active driveway access.
(d) 
Resurface an existing active driveway in a manner that alters the drainage characteristics or access features of the existing driveway.
(e) 
Construct new gravel or new pavement features on an existing active driveway.
(f) 
Replace an existing culvert below an active driveway, for driveway culverts within Town right-of-way or easement.
(g) 
Perform extensive construction operations alongside an existing active driveway of the property, including construction of features that limit the access of the property for emergency vehicles.
(2) 
The application requirements, fees and permit form(s) for such activities are available in Article IV of this chapter, as applicable. Alterations or improvements not included in Article IV may be subject to other articles within this chapter.
D. 
Oversized and overweight vehicles (included as follows).
(1) 
No person shall cause, allow or permit any person to move oversized or overweight vehicles or loads on any public highway, road, street or alley in the Town of Pacific without a permit issued by the Town Board or its designee. The person applying for the permit shall fully comply with §§ 348.25, 348.26, 348.27 and 348.28, Wis. Stats., and this article. No permit shall be issued or reissued by the Town Board or its designee unless the person agrees to and does fully comply with §§ 348.25, 348.26, 348.27 and 348.28, Wis. Stats., and this article, where applicable, and with any reasonable conditions established by the Town Board or its designee. The Town Board or its designee may suspend or revoke, for good cause, any permit issued on these sections or may decline to issue additional permits after providing the applicant or permittee with a reasonable opportunity for a public hearing. The Town Board or its designee may, as a condition of issuing a permit, require a bond, certificate of insurance or cashier's check which, to the satisfaction of the Town Board or its designee, will save the Town from any claim, loss or damage that may result from issuing the permit. In addition, the Town Board or its designee may require proof that personal injury and property damage insurance will be in force, sufficient to the satisfaction of the Town Board or its designee, to cover claims from bodily injury or property damage which may occur as a result of the operation under the permit and for which the permittee is legally responsible. Any weight permits will be issued by Columbia County Highway Department with the Town Board Chair's approval for the purpose of permits for Spring load limits.
(2) 
Fees for overweight and oversized vehicles permits shall be as provided in the Town's Fee Schedule.
A. 
No person shall locate, construct or reconstruct a vehicular access to a Town road or place a culvert in the public right-of-way of Town roads without first obtaining an access permit from the Town or its designee.
B. 
No person shall cause, allow or permit any person to fail to immediately remove fallen trees from any public highway, road, street or alley in the Town where these trees originated from property owned or leased by that person.
C. 
No person shall cause, allow or permit any person to throw, deposit or discharge any weeds, sediment, sod, brush, manure or other waste or rubbish on any public highways, roads, streets or alleys in the Town. This includes waste generated from construction sites.
D. 
No person shall cause, allow or permit any persons to draw, paint, print or paste on any culvert, bridge or guardrail on any public highway, roadway, street or alley in the Town.
E. 
No person shall cause, allow or permit any person to plant any tree or cut any tree on the public highway, road, street or alley in the Town without a permit issued by the Town or its designee. No permit shall be issued or reissued by the Town to plant any tree if the planting and location of the tree will substantially impair, now or in the future, the public safety of persons in the Town. No permit will be issued or reissued by the Town Board to cut any tree if the cutting of the tree, with the safety precautions to be taken, as described by the applicant or permittee, will still substantially impair, now or in the future, the public safety of persons in the Town, or if the cutting and removal of the tree will substantially destroy the aesthetic beauty in the Town.
F. 
Materials for culvert pipes installed or replaced below Town roads shall consist of reinforced concrete (minimum Class II RCP). Installation for new or repaired culverts below Town roads shall be according to specifications approved by the Town Engineer.
G. 
Retaining walls, stone walls, monuments, signs, lights, etc., shall not be allowed on driveways within Town right-of-way.
H. 
Underground utilities improvements, including extensions, alterations, removals, etc., shall not be allowed within the Town right-of-way without the appropriate permit approval for such work.
I. 
Excavation, grading, ditching, reditching or otherwise altering of topography of lands within the Town right-of-way shall not be allowed without the appropriate permit approval for such work.
J. 
Improvements or alterations to existing active driveways, including field road accesses, require a driveway modification permit from the Town. Other permits may be required as applicable to the proposed activity, as determined by the Town or its designee.
K. 
Curb and gutter shall not be allowed within the Town road right-of-way for private access unless the Town road has curb and gutter.
L. 
Additional provisions for a particular activity associated with right-of-way, easement, roadway, driveway or utility construction may be required at the discretion of the Town or its designee.
M. 
Any person prior to and at the time of seeking a Town road access permit must own or have a legal interest in and current legal access to the land to which the permit(s) will apply.
N. 
Use of accesses existing at the time of the adoption of this article and not discontinued in use for agriculture-related residences or agriculture field entrances will be allowed.
O. 
Use of an agricultural field access for a new residential access is not permitted without review and approval as a new access.
Any specification(s) in this chapter may be waived or modified by the Town Board or its designee if it deems the specification(s) would impose any unnecessary hardship. Any request by an applicant for a waiver or modification of any provision in this chapter must accompany the initial application and must state the reason for the request.
A. 
The Town Board declares that the Town of Pacific shall have the responsibility to declare any snow emergency, to make the appropriate announcements and to post, in the appropriate locations, the actual declaration of snow emergency.
B. 
Upon the actual completion of the posting, the snow emergency shall be formally declared. From that time period until the snow emergency declaration is rescinded by the Town Board, no person in the Town shall cause, allow or permit any person to park any motor vehicle on any public highway, road, street or alley in the Town so as to cause obstruction of plowing, block traffic or inhibit traffic flow for emergency purposes in the Town. The snow emergency declaration shall be rescinded by the Town Board when it files with the Town Clerk a written termination of the snow emergency declaration.
C. 
The emergency restrictions set forth herein shall be inapplicable to emergency vehicles and Columbia County vehicles.
The Town Building Inspector and/or the Town Engineer may post a stop-work order if any work or any part thereof is being installed contrary to the terms of a permit or without a permit, as applicable within the articles of this chapter. If the permittee fails to cease the unpermitted activity or comply with the permit conditions immediately, the Town may issue a notice of intent to the permittee of the Town's intent to perform the work necessary to comply with this chapter. The Town Building Inspector and/or the Town Engineer, or a contractor retained to perform such services, may commence the work no less than 14 days after issuance of the notice of intent. All costs associated with the work performed, including the services of the Building Inspector, Town Engineer, Town Attorney, Town administrative costs and those of the contractor performing the work, shall be paid by the permittee. If the landowner fails to pay the amount due, the Town Treasurer shall enter the amount due onto the tax rolls and collect such bill as a special charge pursuant to § 66.0627, Wis. Stats.
A. 
Any person aggrieved by any decision made in the administration of this chapter may appeal to the Town Board. Appeals shall be filed within 30 calendar days following the administrative decision. Appeals shall be filed in writing with the Town Clerk. The appeal shall specify the legal description of the parcel and access location in question and the grounds for the appeal.
B. 
The Town Board shall make a decision on the appeal within 15 calendar days from the day the appeal was heard by the Board. The Town Board's decision shall be made by the majority present.
[Amended 2-18-2014 by Ord. No. 2014-1]
A. 
Any person, firm or corporation who fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-1 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense.
B. 
Every violation of this chapter is declared to be a public nuisance. In addition to the penalties provided in this article, the Town may abate such nuisance. The Town shall give written notice to the landowner or person who is in violation of the chapter, giving the person a reasonable time to correct the violation. In the event the violation involves a Town road right-of-way, the Town may take such action within its right-of-way as is necessary to abate the nuisance, including removal of any material which is encroaching upon or obstructing the right-of-way or trimming of vegetation which is intruding on the right-of-way. The Town may charge the responsible party for the cost of abating the nuisance, and if said charges are unpaid, assess them against the violator's property as a special charge.
C. 
In addition to the other remedies herein, the Town may commence an action for injunctive relief against an alleged violator seeking to compel the violator to cease and desist from violating this chapter.
D. 
Further, if the violator's performance on the project was covered by a bond, then the Town shall have those further remedies provided to the Town under the terms of that bond and Wisconsin law.
[Added 3-21-2023 by Ord. No. 2023-1]
For the purpose of this chapter, the following definitions shall apply.
ACCESS
Driveway or road access point for any motorized or nonmotorized vehicles, except for State of Wisconsin funded snowmobile trails.
ACCESS PERMIT
A permit granting access onto a Town road.
ADMINISTRATIVE REVIEW
The review by Town staff on those projects that, under the Town's Code, do not require Town Plan Commission or Town Board action.
[Added 3-21-2023 by Ord. No. 2023-1]
ADT
Average daily traffic generated on a given road.
AGRICULTURAL LAND
Land within the Town of Pacific that has been or is currently considered farmland.
BOARD
The Town Board of the Town of Pacific.
BOND
An obligation undertaken to ensure the timely and satisfactory performance, by an applicant or its contractor, of work within the Town's right-of-way.
[Added 3-21-2023 by Ord. No. 2023-1]
BUILDER
In the context of Town road and infrastructure improvements, the "builder" is defined as the owner or developer of land being developed with roads and infrastructure.
CERTIFIED SURVEY MAP (CSM)
A map of land division, not a subdivision, prepared in accordance with § 236.34, Wis. Stats., and in full compliance with the applicable provision of this chapter. A certified survey map has the same legal force and effect as a subdivision map.
CLERK
The Town of Pacific Clerk.
CONTRACTOR
Any person, firm or corporation who submits a bid or otherwise accepts compensation for the undertaking of work, whether himself, employees or subcontractors, in the construction, erection, installation, maintenance, repair, alteration, demolition of various improvements to land and real estate.
CORNER LOT
A lot abutting intersecting streets at their intersection.
COUNTY TRUNK HIGHWAY (CTH)
Any segment of a Columbia County trunk highway.
DRIVEWAY, ACTIVE
An existing or proposed driveway access or field road access with amenities either proposed or currently in use that accesses a Town roadway.
DRIVEWAY, GENERAL
A private driveway, road or other avenue of travel that runs through any part of two or fewer parcels of land or that connects or will connect with any public highway for the purpose of access, but shall not include any field road lying outside of the right-of-way of a public road.
DRIVEWAY, VACATED
An existing driveway or field road that is in place but has not been in use for a period of two years or more, as determined by the Town Board.
EASEMENT
An area of land set aside or over or through which a liberty, use, privilege or advantage in land, distinct from ownership of the land, is granted to the public or some particular person or part of the public.
EMERGENCY VEHICLE
Any fire, police, ambulance or first responder vehicle used in emergency or hazard activities in the Town.
FIELD ACCESS
A driveway access used only for agriculture purposes.
IMPROVEMENT, PRIVATE
Any improvement or alteration to surface or underground amenities that is proposed, taking place, or existing on lands not within the Town of Pacific or other public authority and where maintenance/operation of said amenities is ultimately not a public responsibility.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access, sidewalk, pedestrianway, planting strip or other facility for which the Town may ultimately assume the responsibility for maintenance and operation.
LAND(S)
Any real estate or interest in real estate.
LOT
A land area as designated by Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific.
MAJOR RIGHT-OF-WAY PROJECT
A project involving work that utilizes the Town right-of-way, except those projects that, under the Town Code, qualify as minor right-of-way projects.
[Added 3-21-2023 by Ord. No. 2023-1]
MINOR RIGHT-OF-WAY PROJECT
A project involving work that utilizes the Town right-of-way, which fits within one of the following categories:
[Added 3-21-2023 by Ord. No. 2023-1]
A. 
Access/driveway construction for agricultural or residential zoned property.
B. 
Driveway/access modifications for agricultural or residential zoned property.
C. 
Individual utility project where land disturbance is less than 500 square feet.
D. 
Multiple individual utility service connections to serve individual parcels over a calendar year, by any one provider, where an erosion control permit is not required for an individual connection and where the Town Engineer, in his professional judgment, determines that it is impractical to administer multiple individual project permit requests.
E. 
Modifications to the right-of-way that change the grade of the slide slope, backslope, ditch line, culvert or alter the sight line of the path of travel or driveway entrance.
F. 
Fencing projects requiring access to the right-of-way.
G. 
Tree cutting or trimming or other vegetative maintenance (including applying herbicides and pesticides) other than mowing, or other customary yard care services performed by, or hired by, the owner or occupant of the premises.
H. 
Traffic control and related operations using the Town right-of-way.
I. 
Horizontal boring installations not exceeding 500 square feet of land disturbance.
PARCEL
The area of land within the property lines of a given piece of property.
PERMITTEE
Any person who seeks or obtains a permit within this article. Includes any person that undertakes unpermitted activities as regulated by this article.
PERSON
Includes the plural as well as the singular and may mean any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity.
PLAN COMMISSION
The Town of Pacific Plan Commission.
PRIVATE ROAD
A road or driveway on privately owned property, limited to the use of the owner or a group of owners who share the use and maintain the road without help from a government agency, and has not been dedicated to or accepted by a government agency for public use.
PUBLIC SERVICE
Any service or effort for a person or property provided by private, community or governmental agencies, including but not limited to emergency health care and emergency fire protection.
RIGHT-OF-WAY
A public way dedicated to the public for its intended use.
ROAD
A public way for pedestrians and vehicular traffic and utility access, including but not limited to highways, thoroughfares, parkways, through highways, streets, avenues, boulevards, lanes, places and courts, and any pavements, turf, fixtures, facilities, structures, plantings, signs and other elements of the right-of-way.
RURAL ROAD
Any road within the Town jurisdiction with a speed limit of 55 miles per hour (88 km/h).
SEMI-URBAN ROAD
Any road outside the municipal boundaries of a city or village with a speed limit below 55 miles per hour (88 km/h).
STRUCTURE
Anything constructed or erected, existing or proposed, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground.
SUBDIVISION
A division of land as per Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific.
TOPOGRAPHY
The surface features and drainage characteristics of an area of land.
TOWN
The Town of Pacific, Columbia County, Wisconsin, and, where appropriate, its Town Board, commissions, committees and authorized officials.
TOWN BUILDING INSPECTOR
A firm or individual designated by the Town Board as the agent performing municipal building inspection services for the administration of uniform dwelling codes, commercial building codes, or other specific code as provided by the Town.
TOWN ENGINEER
A firm or individual designated by the Town Board to advise the Town Board on a particular project; if the Town Board does not designate an engineer, the term shall be defined to mean the Town Board.
URBAN ROAD
Any road within the municipal boundaries of a city, village or township with a speed limit below 36 miles per hour (58 km/h).
UTILITY
A public or private service corporation that provides electric, gas, cable television, telephone, fiber optic, sanitary sewer, water main, or storm sewer to/from one region to another region and exists in physical overhead and/or underground structures within easements or rights-of-way within the Town.
VISION CLEARANCE TRIANGLE
An area of land defined by an approximate triangle with dimensions of 15 feet along the center line of the driveway and 300 feet along the connecting roadway, centered at the driveway, for the purpose of providing adequate sight distance for all vehicles traveling on or entering onto roadways within the Town.