[Adopted 2-24-2015 by Ord. No. 2015-01]
The purpose of this article is to promote the public health,
safety and general welfare, and to provide for adequate provisions
for the orderly maintenance of drainage and ditches or watercourses
adjacent to roadways upon public right-of-way or upon easements designed
for drainage of surface waters or natural watercourses.
This article is adopted pursuant to authority conferred by §§ 60.22(3),
61.34 and 86.07, Wis. Stats.
This article and regulation shall apply to all property owners
in the Town of Buchanan owning property which abuts upon any ditch,
watercourse or other earthen structure designed and used for drainage
of surface water on public right-of-way or dedicated easements for
drainage or natural watercourse which exists upon easements or public
right-of-way for roads or ditches in the Town of Buchanan.
A.
Any property owner in the Town of Buchanan who has property which
abuts any ditch, watercourse, or other earthen structure, as described
above, shall be responsible to control activities upon and maintain
the owned property in such a manner as to not cause or contribute
to obstructions in the ditch, watercourse or other earthen structure
which would restrict, block or prohibit the free, open and continuous
flow of water through the ditch, watercourse or other earthen structure.
B.
Where there occurs in the said ditch, watercourse or earthen structure
any accumulation or deposits of materials or vegetation which are
the result of the failure to regulate or control activities upon or
the failure to maintain the property of the abutting owner upon or
adjacent to said easement or public right-of-way (other than naturally
deposited snow and/or ice), which shall create a condition that shall
cause the obstruction, diversion, or blockage, temporary or otherwise,
of water, which blockage causes the backing up of the water flow or
stagnation of the water, or causes the said water to flow upon property
of another or of the Town of Buchanan outside of the area of the said
easement for said ditch, watercourse or earthen structure, said abutting
property owner shall be required to remove such blockage, obstruction
or materials causing diversion.
C.
This article shall also apply to earthen structures referred to as
stormwater detention or retention ponds or areas where the activities
or maintenance of the abutting property owner on the abutting property
alter the function of the pond or earthen structure so that it does
not function as originally designed or engineered. Where such detention
has occurred the abutting property owner shall be required to restore
the detention or retention structure to its original design and function.
D.
If the owner of said property or premises shall be in violation of § 504-43B or C and fails to comply with said notice to remedy as required by this article, the Town of Buchanan, under the direction of the Town Board, shall do said work and the expense thereof shall be calculated and shall be made a special charge as permitted under § 66.0627, Wis. Stats., upon the property adjacent to which the work was done pursuant to the above definition of areas of responsibility of the property owners.
A.
Permit required. No person shall make any excavation, or fill, or
install any culvert, or make any other alteration in any right-of-way
or roadway ditch; or in any manner disturb any right-of-way or roadway
ditch, without a permit from the Town. The Town may permit improvements
deemed necessary or desirable to ameliorate drainage conditions, subject
to the guidelines and limitations identified in the Town of Buchanan
Roadway Ditch Drainage and ROW Policy.
B.
Removal of alterations. Any property owner that has made unauthorized
improvements or encroachments to any right-of-way or roadway ditch
shall remove such improvement or encroachment. Upon failure of the
property owner to remove, the Town may remove improvements or encroachments
and recover the cost from the property owner as a special charge.
C.
Restoration of alterations. Any property owner that has made unauthorized
alterations to the road right-of-way or roadway ditch shall restore
the right-of-way or roadway ditch to its pre-alteration condition.
Upon failure of the property owner to restore, the Town may restore
the right-of-way or roadway ditch and recover the cost from the property
owner as a special charge.
D.
Town improvements. The Town reserves the right to remove approved
alterations or encroachments for the purposes of road and right-of-way
maintenance. The Town is not responsible for any costs associated
with such alterations or encroachments nor is the Town responsible
for the replacement of such alterations or encroachments.
E.
Town work excluded. The provisions of this article shall not apply
to excavation work under the direction of the Town of Buchanan or
contractors performing work under contract with the Town.
[Amended 11-17-2020 by Ord. No. 2020-06]
No sump pump water shall be discharged onto any public road,
sidewalk or trail; into or onto a neighboring property without an
easement; or within 10 feet of the property line. Sump pump water
may be discharged into any roadway ditch or drainage easement. Storm
sewer in urbanized roads.
[Amended 11-17-2020 by Ord. No. 2020-07]
No roof drain and downspout water shall be discharged onto any
public road, sidewalk or trail; into or onto a neighboring property
without an easement; or directly into a roadway ditch or drainage
easement without first dispersing over a lawn or other vegetated area.
No direct connection to storm sewer or combination with sump pump
lateral.
If the Town finds that any of the provisions of this article
are being violated, it shall notify the owner in writing by registered
or certified mail, indicating the nature of the violation and ordering
the action necessary to correct the violation. Whenever a person shall
have been notified in writing, such person shall commence correcting
within 10 days and shall correct all violations within 30 days. If
such corrections are not commenced within 10 days or corrected within
30 days' notice, each day that a violation continues shall be considered
a separate offense.
The Town may also apply to any court of competent jurisdiction
to enforce this article by means of an order under Ch. 813, Wis. Stats.,
directing the person conducting the violation to comply with this
article and restraining that person from any further violation.
If any provision of this article is invalid or unconstitutional,
or if the application of this article to any person or circumstance
is invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the above provisions or applications of this article
which can be given effect without the invalid or unconstitutional
provision or its application.
