An application to lay out and construct a Town
highway may be filed by six or more resident freeholders of the Town.
Said application must in writing and it may be delivered to any Supervisor
or the Town Clerk. The application shall contain a complete description
and a survey map of the property in question. New streets and roads
in subdivisions and plats shall be constructed pursuant to the County
Subdivision Ordinance and this article.
A.
No Town highway shall be laid out through or upon
any cemetery without the consent of those having the control of the
cemetery.
B.
No Town highway shall be laid through or upon any
structure, yard or enclosure used for educational or charitable purposes.
C.
No Supervisor shall act in laying out, altering, widening
or discontinuing any highway in which he may be personally interested.
D.
When the laying out of a highway would require the
construction of a bridge costing more than $1,000, exclusive of donations,
the order of the Supervisors laying out such highway shall not be
effective unless approved by the electors of the Town, and an estimate
by the Wisconsin Department of Transportation shall be conclusive
of the cost of such bridge for the purposes of this subsection.
E.
Without the consent of the owner, no Town highway
shall be laid out through or upon any garden or orchard or any building
or fixture used for trade or manufacture or any other building or
fixture or the yard or enclosure necessary to the use thereof, when
the damage thereby caused thereto, exclusive of the damage to the
land, exceeds $300.
A.
On application made pursuant to § 345-6 above, the Town Board shall prepare a notice fixing therein a time and place at which it will meet and decide upon the application.
B.
The notice shall specify as near as practicable the
highway proposed to be laid out, widened, altered or discontinued
and the tracts of land through which the highway passes.
C.
If the application is for discontinuance, the notice
shall specify the tracts of land abutting on the highway which will
be benefited or injured by such discontinuance.
D.
When the description in the aggregate exceeds 200
words in length, the notice may state that such descriptions are contained
in the application as provided in § 82.10, Wis. Stats.,
and shall give the name and address of the Town Clerk to whom the
application has been delivered.
E.
Duties of applicants.
(1)
Applicants shall:
(a)
At least 10 days prior to date of hearing give
notice by registered mail to all occupants and owners of record of
lands through which the highway may pass.
(b)
Give notice to the Department of Natural Resources
by registered mail.
(c)
Give notice to the Board of the Soil and Water
Conservation District by registered mail.
(d)
Publish the notice as a Class 2 notice under
Ch. 985, Wis. Stats.
B.
The Supervisors are to be satisfied that all notices
as required by this article and the laws of the State of Wisconsin
have been complied with.
C.
The Supervisors shall personally examine the highway
which is the subject of the application and shall hear any reason
that may be offered for or against laying out, widening or altering
the highway.
E.
The Supervisors may adjourn said hearing from time
to time, not exceeding in all 30 days from the time of the first meeting,
giving public notice of the time and place of such adjournment and
by filing forthwith notice of such adjournment in the office of the
Town Clerk.
A.
When Supervisors lay out, alter, widen or discontinue
any highway, they shall make and sign an order therefor, incorporating
therein a description of the highway and cause survey thereof to be
made when necessary.
B.
Damages are to be awarded to the landowner pursuant to § 345-11 hereafter and § 82.14, Wis. Stats.
C.
The order and award of damage shall be filed and recorded
in the office of the Town Clerk within 10 days after the date fixed
by the notice or adjournment for deciding upon the application.
D.
If the Supervisors fail to file the order and award
within 10 days, they shall be deemed to have decided against the application.
E.
A certified copy of the order shall be transmitted
by the Town Clerk to the County Highway Commissioner.
A.
The applicant(s) shall secure a release of damages
from all occupants and owners of record and file it with the Town
Clerk. The damages sustained by any person upon whose land any highway
be laid out, widened or altered shall be fixed by agreement signed
by the owner and the Supervisors and be filed in the Town Clerk's
office. Such agreement and every release of damages given shall bar
any further claims for damages by the owner and all persons claiming
under him. A land conveyance shall accompany the release of damages,
which shall be properly recorded with the Register of Deeds.
B.
If any owner does not so agree with the Supervisors
as to his damages or does not deliver to the Supervisors a written
release of all claims for damages, the Supervisors shall, at the time
of making the highway order, assess the damages and make a written
award specifying the sum awarded by them to each owner. The award
shall be signed by the Supervisors and be filed in the Town Clerk's
office with the order laying out, widening, altering or discontinuing
the highway.
All expenses involved in the preparation, construction
and dedication involved in highway construction under this article
shall be borne by the applicant(s).
Prior to the design, preparation and construction
of any roadway to be dedicated to the Town of Trenton, the applicant
shall notify the Town Chairperson or Town Clerk. An on-site meeting
will then be arranged to be attended by the Town Board, the Town Engineer
and the applicant. Plans must be provided in order for the Town Engineer
to check the design and the drainage.
A.
General requirements.
(1)
Construction standards. All roadway construction and
materials used shall be performed in accordance with the construction
methods as listed in the appropriate current sections of the State
of Wisconsin Department of Transportation Standard Specifications
for Road and Bridge Construction and its supplements, or in accordance
with Town-approved plans, profiles and cross sections and specifications,
if such specifications are requested by the Town Board or Town Engineer.
No construction shall be started until such plans, profiles and cross
sections have been approved by the Town Engineer.
(2)
Project costs. All roadway surveys, dedications, plans
and specifications and construction will be at the expense of the
applicant or applicants. This includes any expense incurred by the
Town in the preparation of plans and review and inspection of plans
and construction.
(3)
Material slips. Copies of material slips for all materials
furnished for the road construction projects shall, upon the request
of the Town Board, be delivered to the Town before the Town approves
the final construction.
(4)
(5)
Test of materials. The Town reserves the right to
obtain a sample of the roadway base material prior to placement on
the roadway for purposes of determining whether the material meets
gradation and soundness requirements.
B.
Construction standards. All streets and highways constructed
in the Town shall fully comply with the following construction standards,
with construction at the applicant's expense:
(1)
Topsoil removal. All topsoil shall be first removed.
In addition, all subsoils which have a high shrink-swell potential
or low bearing capacity when wet or are highly elastic shall be removed
and used outside of the right-of-way. Where both subsoil and substratum
have a high shrink-swell potential and low bearing capacity when wet,
an underdrain system shall be installed to keep the water level five
feet below the pavement surface.
(2)
Right-of-way width. A minimum road right-of-way width
of 66 feet is required, except that if the road ends in a cul-de-sac
or dead end a sixty-foot turnaround radius is required.
(3)
Roadway alignment details. Roadway alignment shall
be as specified in the County Code of Ordinances.
(4)
Roadway grading; ditches. Roads shall be graded to
their full width in accordance with approved plans, plus an additional
distance necessary to establish a four-to-one backslope. The roadway
shall be compacted and graded to subgrade using, where necessary,
approved fill material which has a low shrink-swell potential and
low compressibility and is stable. Roadside ditches shall be a minimum
of 26 inches below the finished roadway center-line elevation. Debris
may not be buried in the sixty-six-foot road right-of-way.
(5)
Roadway grades. Roads shall have a maximum grade of
8%.
(6)
Roadway width. Roadways shall either have a base width
a minimum of 28 feet or wider of full depth gravel or follow the requirements
of the Town Road Standards noted in § 82.50, Wis. Stats.,
whichever is required by the Town Board. A designated grade of base
gravel shall be used but not less than the standards provided by the
Wisconsin Statutes for a roadway handling 100 vehicles per day. The
gravel must be applied at least 25 yards per 100 linear feet of roadway
and spread at a minimum of 20 feet in width. Other provisions of graveling
may be imposed by the Town officials in low, wet or sandy places where
additional gravel or fill would be required for public health, safety
and maintenance reasons.
(7)
Roadway culverts and bridges; surface drainage. Roadway
culverts and bridges shall be constructed as directed by the Town
Board and sized utilizing the methods listed in Chapter 13, Drainage,
of the Facilities Development Manual of the Wisconsin Department of
Transportation. The developer shall provide adequate facilities to
provide surface water drainage as well as free flow outlets for subsurface
drain tile where they are required. Where drainage facilities will
aid in road construction and the stabilization of the road's subgrade,
drainage facilities shall be installed before road construction is
started.
(9)
Surfacing. When the grade and base have settled for
a reasonable period of time, the roadway will be inspected by the
Town officials, who will then require the party requesting the roadway
or easement, at their discretion, to install or lay out a hot- or
cold-mix bituminous surface which must be applied with a paver or
hot-mix machine. The depth of compacted bituminous surface shall be
not less than two inches, a top width of 20 feet and a three-foot
graveled shoulder installed with a shoulder machine.
(10)
Financing. The applicant shall deposit a sum
of money with the Town adequate to cover the cost of additional construction
which will be necessary to complete the road. The amount of money
so deposited shall be determined by the Town Board. The Town may require
higher road standards and greater pavement thickness where traffic
volumes and composition dictate the need. The Town Board may elect
to accept a certificate of deposit or bond in lieu of a cash escrow.
C.
Statutory requirements. The laying out of highways
and roads shall be provided in Chs. 80 and 86, Wis. Stats., except
that, in the case of subdivisions and certified surveys, the provisions
of § 236.29(2), Wis. Stats., shall apply.
D.
Proximity to other roads. No road applied for running
parallel with existing public road can be closer than 600 feet.
E.
Easements. The applicant shall provide the Town with
a deed to road and easements for all drainage facilities not within
the road right-of-way. Where required, the applicant shall also furnish
to the Town any special deed or easement, such as, but not limited
to, sight easements, slope easements, pedestrianways, sewer easements
and such.
Upon completion of the proposed highway, the
Town Board will proceed to make final inspection, accepting or rejecting
the road as the case may be. After all of the provisions of this article
have been complied with, the roadway or easement will be inspected
by the Town officials and, at that time, proof will be made by the
presenting of waivers of liens or receipted bills that all work that
has been done has been paid for or arrangements have been made for
the payment through written instrument by the subdivider. If the road
is rejected, corrections shall be made as recommended by Town Board
before final inspection can then be made again. If final acceptance
is then made, the owner or owners shall turn over to the Town the
deed of all land necessary for the road as previously mentioned.
