[Adopted 3-15-2007 by Ord. No. 2007-01]
A.
No person shall construct a driveway, make any excavation or fill, or install any culvert, or make any other alteration in any Town highway, or in any manner disturb any Town highway without a driveway access permit granted by the Town. In the event that an owner and/or builder and/or subcontractor constructs a driveway, makes any excavation or fill, or installs any culvert, or makes any other alteration in any Town highway, or in any manner disturbs any Town highway without a driveway access permit granted by the Town, the driveway shall be removed or modified to meet or exceed the requirements set forth in this article, at the property owner's expense, after a driveway access permit is granted by the Town, at a fee three times the fee amount specified in Subsection D of this section.
B.
The Town Chairman, or his designee approved by the Town Board, is
hereby designated as the administrative and enforcement officer for
the provisions of this article and is hereby granted full authority
to issue permits and to deny applications.
C.
Every application for a permit for driveway construction, installation
of a culvert or any other alteration in any Town highway shall be
accompanied by such plan or drawing indicating the location of the
proposed road access to the parcel of land, the proposed location
of the culvert, and any other information as may be required by the
Town Board.
D.
Every application for a permit for driveway construction, installation
of a culvert or any other alteration in any Town highway shall be
accompanied by a driveway access permit fee in the amount[1] as set by resolution of the Town Board.
[Amended 5-21-2015 by Ord. No. 2015-02]
[1]
Editor's Note: The Fee Schedule is on file in the Town Clerk's
office.
E.
The entire cost of installing and maintaining the driveway access
and culvert, including repairs and restoration, shall be the financial
responsibility of the applicant.
Every application for a driveway access permit shall be accompanied
by a roadway protection bond in the amount of $500. No building permit
shall be valid within the Town of Addison for any building to be erected
on any site which fronts upon a Town road, or for which the driveway
will enter upon a Town road, unless the owner or builder deposits
with the Town Clerk the roadway protection bond. The purpose of this
bond is to protect Town roads from damage due to construction equipment
moving thereon, from becoming coated with mud and debris, and from
damage to shoulders, ditches and other structures on the right-of-way.
A.
Any damage to the surface, shoulders or ditches of the Town road
shall be repaired by the owner and/or builder within a reasonable
length of time.
B.
Any mud or other debris placed upon the surface of the Town road
by the owner and/or builder or any subcontractor or either shall be
cleaned from the Town road by the owner and/or builder and subcontractors
prior to the end of each work day.
D.
In the event the owner and/or builder and/or subcontractor does not comply with Subsections A, B and C above, the Town may use the bond for the purpose of repair and cleanup of said road or roads, shoulders, or ditches. If the owner and/or builder complies with the provisions hereof, the bond shall be refunded upon completion of the building, issuance of a final occupancy permit by the Town Building Inspector, and approval of the Town designee. If the Town is required to repair or clean up the road, correct drainage issues, or correct installation of the culvert, then only so much of the bond as is not required to pay for said work shall be refunded. If the Town is required to repair or clean up the road, correct drainage issues, or correct installation of the culvert, and the cost of such repairs and/or clean up exceeds the amount of the bond, the property owner shall be billed for the additional costs. Nothing herein shall be construed as limiting the Town's rights and remedies against any owner or builder.
E.
All bonds shall be refunded to the original payer. A sign-off document,
which includes driveway access and culvert requirements, shall be
signed by the property owner before a bond refund is issued.
F.
Paving of driveway access in the road right-of-way shall be compacted
gravel, asphalt or concrete. Concrete is preferred in areas with existing
concrete curb and gutter. Concrete paving in the road right-of-way
in areas not served with curb and gutter must be approved by the Town
representative. The Town shall not be responsible for the repair or
replacement of concrete or decorative pavement or decorative end walls
or head walls located within the right-of-way.
[Amended 11-21-2019 by Ord. No. 2019-04]
G.
In the event that any final inspections, more than one, are necessary,
the amount of $15 for each additional inspection shall be deducted
from the bond to be refunded.
A.
No access to a Town roadway shall be permitted that does not meet
or exceed requirements set forth in the Town of Addison driveway access
permit and the Town of Addison Zoning Ordinance, Section 4.06 and
Section 4.07.
B.
In acting upon applications for access permits, the Town Board designee
shall, giving due regard to road surfaces, topography, visual obstructions,
road grades, speed limits, traffic patterns and the development of
nearby areas, determine whether the proposed access location is consistent
with public safety, sound planning principles, the logical extension
of roads and public services, and the requirements set forth in the
Town of Addison driveway access permit and the Town of Addison Zoning
Ordinance, Section 4.06 and Section 4.07.
C.
All culverts, drainpipes or other similar conduits placed on, in
and along the public right-of-way of a Town road, to provide private
driveway access, or for any other reason, shall be of sufficient size
and constructed in such manner, and of such materials, as to provide
adequate provision for the flowage of water naturally accumulating
or flowing along the ditches and right-of-way of such roads. Such
culverts shall be of sufficient length so as to prevent injury to
persons or property in the use of the roadways, or the entrances to
or exits from the roadway over and across such culverts. The length
and diameter of the culvert shall be as designated on the access permit.
The culverts shall be made of new galvanized steel, meeting minimum
state highway gauge, or HDPE double-wall culverts with smooth interior
and annular exterior corrugations meeting AASHTO M294. End culvert
pieces or sections shall be made of galvanized steel.
[Amended 2-18-2016 by Ord. No. 2016-01]
D.
Driveways in excess of 200 feet in length have additional construction
and installation requirements, which shall be provided by the Town
designee to the owner and/or builder upon approval of the driveway
access permit.[1]
[1]
Editor's Note: Amended 5-21-2015 by Ord. No. 2015-02. Original
§ 5, Fees, which immediately followed this subsection, was
repealed 5-21-2015 by Ord. No. 2015-02.
A.
The applicant or his authorized agent shall provide that all driveways
and access installed, altered, changed, replaced or extended shall
meet or exceed requirements set forth in the Town of Addison driveway
access permit and the Town of Addison Zoning Ordinance, Section 4.06
and Section 4.07.
[Amended 11-21-2019 by Ord. No. 2019-04]
B.
The applicant or his authorized agent shall provide and install each
culvert placed in the right-of-way of a public road as required by
the Town. The ditch shall be properly prepared to accept the placement
of the culvert. The culvert shall be installed in accordance with
the Town of Addison driveway access permit and the Town of Addison
Zoning Ordinance, Section 4.06 and Section 4.07, and with sufficient
gravel placed thereon to afford safe ingress and egress prior to the
use thereof.
C.
The sides
of the access area should be beveled down to grade so as to have no
abrupt surface that could damage a snowplow or create a hazard to
any vehicle that should travel off the pavement.
[Added 11-21-2019 by Ord. No. 2019-04]
The Town Board designee shall investigate existing culverts
or other drainpipes placed within the right-of-way of Town roads,
and if he determines that an existing culvert is not properly maintained
so as to provide for the proper flowage of water, he may order the
abutting property owner to repair the same or to remove such culvert
and replace it with a culvert meeting the requirements of the Town
of Addison driveway access permit and the Town of Addison Zoning Ordinance,
Section 4.06 and Section 4.07.
A.
The permit holder shall be liable for all damages to the road surface
or any portion of the road right-of-way which may result from any
ingress or egress over the culvert or any portion of the right-of-way
abutting the property described on the permit.
B.
If any driveway access or culvert is installed or any excavation,
fill, or any other alteration is made in violation of the Town of
Addison driveway access permit and the Town of Addison Zoning Ordinance,
Section 4.06 and Section 4.07, the roadway and right-of-way may be
restored to their former condition or corrected to meet or exceed
the Town requirements by the Town, and the cost of materials, labor
and equipment incurred by the Town shall be billed to the abutting
property owner and, if not paid within 30 days, shall be a special
charge to be collected as a tax upon the property.
C.
All debris carried onto any Town highway shall be removed by the
responsible party immediately or be subject to the provisions of § 86.01,
Wis. Stats.
[Amended 5-21-2015 by Ord. No. 2015-02]
The permit holder or property owner shall be liable for all
damage to Town equipment or Town property which is a result of failure
to comply with all Town driveway access and culvert installation requirements
and the Town of Addison driveway access permit and the Town of Addison
Zoning Ordinance, Section 4.06 and Section 4.07. The cost of materials,
labor and equipment incurred by the Town shall be billed to the abutting
property owner and, if not paid within 30 days, shall be a special
charge to be collected as a tax upon the property.
