The County Highway Department and County Highway
Committee are appointed to administer this chapter.
A.
The County Highway Department is authorized to administer
this chapter and shall have the following duties and powers.
(1)
It shall:
(a)
Advise applicants of the provisions of this
chapter; assist in preparing permit applications and appeals.
(b)
Issue permits and inspect properties for compliance
with the provisions of this chapter and issue certificates of compliance
where appropriate.
(d)
Investigate, prepare reports, and report violations
of this chapter to the County Highway Committee and County Corporation
Counsel for prosecution.
(2)
The Highway Committee may take action to vacate and
remove an access as it deems necessary, with the cost to do so billed
to the owner.
B.
Highway access permit. A highway access permit shall
be obtained before any new access construction or any repair, change
or reconstruction may be initiated. Application to the County Highway
Department shall include:
(2)
Site development plan. A site plan drawn to scale
shall be submitted with the permit application form and shall contain:
(a)
The location, dimensions, area and elevation
of the lot, parcel or land area, development activity and materials
to be used.
(3)
Data requirements to analyze developments.
(a)
The applicant shall provide all survey data
and computations. The estimated cost of the proposal shall include
all structural development, landscaping, access and road development,
utilities, and other pertinent items but need not include land costs.
(b)
The applicant shall provide all data required
by this chapter and the County Highway Department to analyze development.
(4)
Expiration. All permits issued under the authority
of this chapter shall expire one year after the date of issuance.
C.
Certificate of compliance.
(1)
The certificate of compliance shall show that the
subject access site conforms to the provisions of this chapter.
(2)
Application for such certificate shall be concurrent
with the application for a permit.
(3)
If all ordinance provisions are met, the certificate
of compliance shall be issued within 10 days after written notification
that the permitted work is completed.
A.
Any person or any office or department aggrieved by
an order, requirement or interpretation made by the County Highway
Department may request a review of that order, requirement or interpretation
before the County Highway Committee. Requests for variances shall
be filed with the appropriate fee to the County Highway Department.
(1)
Decide variance applications.
(2)
Decide appeals of permit denials.
(3)
Decision. The final decision regarding the appeal
or variance application shall:
(a)
Be made within a reasonable time.
(b)
Be a written determination signed by the Chairman
or Secretary of the Highway Committee.
(c)
State the specific facts that are the basis
for the Highway Committee decision.
(d)
Either affirm, reverse, vary or modify the order,
requirement, decision or determination appealed, in whole or in part,
dismiss the appeal for lack of jurisdiction or grant or deny the variance
application.
(e)
Include the reasons for granting an appeal,
describing the hardship demonstrated by the applicant in the case
of a variance, clearly stated in the recorded minutes of the Highway
Committee proceedings.
B.
Variances.
(1)
The Highway Committee may, upon appeal, grant a variance
from the standards of this chapter if an applicant convincingly demonstrates
that:
(a)
Literal enforcement of the provisions of this
chapter will cause unnecessary hardship;
(b)
The hardship is due to adoption of this chapter
and unique property conditions not common to adjacent lots, parcels
or land areas; in such case, this chapter must be amended;
(c)
The variance is not contrary to the public interest;
and
(2)
Variances shall only be granted upon a showing of
good and sufficient cause, shall be the minimum relief necessary and
shall not cause increased risks to public safety or nuisances.
(4)
When an access variance is granted, the Highway Committee
shall notify the applicant in writing of its decision. A copy shall
also be maintained with the variance record in the parcel file in
the Land Use Planning and Zoning Department and Highway Department.
C.
Appeal of permit denial. The Circuit Court shall review
all data related to the appeal.
A.
The County Highway Department shall index and file
all access permit requests (those approved and denied) in a format
to allow this information to be obtained by the public.
B.
All available information in the form of maps, engineering
data and regulations shall be readily available for distribution.
A nonrefundable charge for administration purposes
shall be assessed by the County Highway Department to those making
application for the issuance of a permit for the construction or reconstruction
of an ingress or egress upon a Green Lake County trunk highway. A
charge shall also be assessed for removal of an illegally placed access.
Fees shall be determined using the following schedule: