[Adopted 2-9-1999 by Ord.
No. 99-2]
A.
All Town highways shall be established by the Town Board in accordance
with the laws of the State of Wisconsin, including § 236.45,
§ 236.29 for land divisions such as plats and certified
survey maps showing a public or Town road, § 82.10 of the
Wisconsin Statutes and any other laws applicable thereto.
B.
The Town Board, in reviewing a Town highway, shall consider the location,
alignment, grade, public safety and all other accepted standard engineering
principles for highway design and if these are not to the satisfaction
of the Town Board, then the proposed Town highway shall not be accepted
by it as a public highway. Any person considering establishing a Town
highway must inform the Town Board before any construction is commenced
so that approval of this criteria can be obtained. All developers
creating a road as part of a land division shall keep the Town Board
contact person that oversees highways advised as to construction progress.
A.
All roads to be considered for Town highways shall be laid out with
the following specifications by and at the expense of the owner or
owners, or persons desiring such Town highway as a public road:
B.
All turnarounds and dead-end roads shall have a sixty-foot radius,
or an equivalent squared area at the termination thereof. Where practical
with new plats, there will be a through street intersection instead
of a cul-de-sac;
C.
Cut and/or fill to bring the road to subgrade elevation, which shall
be eight inches below finished grade at the designed grade. No organic
material such as black dirt, muck, peat or materials of like kind
will be permitted for the subbase;
D.
Clear the sixty-six-foot right-of-way of all trees, brush, stumps,
etc., unless the Town Board has given specific approval to retaining
vegetation shown on a drawing presented to the Board, after hearing
the recommendation of the highway oversight supervisor;
E.
Provide for ditch slopes and finished roadway;
F.
Provide ditches at a minimum depth of 18 inches below finished grade
and the ditch back slopes to be graded at a four to one slope;
G.
Provide all necessary culverts adequately sized so as to ensure unrestricted
flow of surface runoff water without adverse effect on neighboring
lands. Culverts that are installed across the highway shall have a
minimum of eight inches of cover between the top of the pipe and the
finished road center line elevation;
H.
Apply at least a two-inch blacktop material on top of the base and
gravel. Unless another specific time frame is set, as a condition
of approval for a plat or Certified Survey Map, the developer shall
pave within two years of final plat approval by the Town, county or
state, whichever is latest.
I.
Each request for acceptance will include information about soil types,
such as that available at the county courthouse, for the Board to
evaluate future maintenance problems and site suitability.
A.
The Town Board, by more than 2/3 affirmative vote of all of its members,
may in specific cases authorize such variance from the terms of this
article as will not be contrary to the public interest, where, owing
to very special conditions, a literal enforcement will result in unnecessary
hardship. It is intended that the spirit and purpose of this article
shall always be observed, and the public safety, welfare and justice
always secured. The burden of proof for the unnecessary hardship shall
rest entirely upon the proponent.
B.
In every case where variance is to be granted, the minutes of the
Board shall affirmatively show in what particular and specific respect
an unnecessary hardship is created.
A.
Any person who violates this article shall, upon conviction, be subject
to the forfeiture amount in the Fine and Forfeiture Schedule of the
Town of Wescott that shall be as set from time to time by resolution
by the Town of Wescott. For items that may result in numerous citations:
Each violation and each day a violation continues or occurs shall
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Imposition of a financial penalty will not excuse the violator from
compliance with standards, which still may be enforced by injunction,
special assessment to bring the highway into compliance, or other
effective correction method.
If any section, subsection, sentence, clause or phrase of this
article is for any reason held to be invalid or unconstitutional by
reason of any decision of any court of competent jurisdiction, such
decision shall not affect the validity of any other section, subsection,
sentence, clause or phrase or portion thereof. The Town Board hereby
declares that it would have passed this article and each section,
subsection, sentence, clause, phrases or portion thereof irrespective
of the fact that any one or more sections, subsections, sentences,
clauses, phrases or portions may be declared invalid or unconstitutional.
