[Adopted 1-2-1991 as Title 4, Ch. 2 of the 1991 Code]
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 Administrator. 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 Chapter 184, Land Division, of this Code.
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 § 279-19 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 inured 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(1), Wis. Stats.,
and shall give the name and address of the Town Clerk to whom the
application has been delivered.
A.
Applicants shall, 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.
Applicants shall give notice to the Department of
Natural Resources by registered mail.
D.
Applicants shall publish the notice as a Class 2 notice
under Ch. 985, Wis. Stats.
E.
Failure of applicants to comply with this section
will invalidate the entire proceeding.
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 a survey thereof to
be made when necessary.
B.
Damages are to be awarded to the landowner pursuant to § 279-25 hereafter and Ch. 32, 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.
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
is 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.
Appeals from highway orders shall be pursuant
to § 82.15, Wis. Stats.
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 Cedarburg, the applicant
shall notify the Town Chairperson, Town Administrator or Clerk. Plans
must be provided in order for the Town Director of Public Works to
check the design and the drainage. Location of the roadway(s) shall
be in agreement with a preliminary plan or land use study approved
by the Town Plan Commission.
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 Highway and Structure 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,
Town Administrator or Town Director of Public Works. No construction
shall be started until such plans, profiles and cross sections have
been approved by the Town Director of Public Works.
(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 be delivered to
the Town before the Town approves the final construction.
(4)
Required inspections. The contractor shall notify
the Town Director of Public Works prior to the start of construction
and when each stage of construction is ready for inspection. Inspections
will be required at the completion of the following stages. Any deficiencies
found by the Town Chairperson, Town Administrator or Town Director
of Public Works shall be corrected before proceeding to the next phase
of construction.
(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.
(6)
Pavement samples. Samples of bituminous concrete may
be required by the Town during pavement construction operations for
purposes of determining that the material meets specifications.
(7)
Town approval. The finished roadway must meet the
approval of the Town Director of Public Works and Town Board.
B.
Construction standards. All streets and highways constructed
in the Town shall fully comply with plans approved by the Town and
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,
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 minimum ninety-eight-foot turnaround radius is required.
(3)
Roadway alignment. Roadway alignment shall be as follows:
(a)
The streets shall be designed and located in
relation to existing and planned streets, to topographical conditions
and natural terrain features such as streams and existing tree growth,
to public convenience and safety and in their appropriate relation
to the proposed uses of the land to be served by such streets.
(b)
The arrangement, width, grade and location of
all streets shall conform to the Official Map, if any; if not, then
as directed by the Town Board.
(c)
Streets shall be properly related to the mass
transit system, to special traffic generating facilities such as schools,
churches and shopping centers, to population densities and to the
other streets into which they feed.
(d)
Streets shall be laid out to conform as much
as possible to topography to permit efficient drainage and sewer systems
and to provide safe and convenient access to properties.
(e)
Streets shall be properly integrated with the
existing and proposed system of streets and highways.
(f)
Horizontal curves.[1]
[1]
When a continuous street center line deflects
at any one point by more than 2° a circular curve shall be introduced
having a maximum rate of super-elevation of 6% and a radius of curvature
on said center line of not less than the following:
|
Design Speed
(miles per hour)
|
Minimum Radius
(feet)
| |
|---|---|---|
|
25
|
185
| |
|
30
|
275
| |
|
35
|
380
| |
|
40
|
510
| |
|
45
|
660
| |
|
55
|
1,065
|
[2]
Radii less than the required minimum shall be
approved by the Town Board and shall be required to have the full
width of the inside shoulder paved and a four-inch white lane line
painted at the standard lane width within the paved shoulder area.
(g)
Vertical curves. All changes in street grades
shall be connected by vertical curves with a rate of curvature, K,
greater than 167. "K" is the rate of curvature and is defined as the
length of the vertical curve divided by the algebraic difference in
grade, i.e., the horizontal distance in feet required to effect a
one-percent change in gradient. Maximum grade changes that do not
require a vertical curve are listed in the following table:[2]
|
Design Speed
(miles per hour)
|
Maximum Change in Grade
| |
|---|---|---|
|
25
|
1.10%
| |
|
30
|
1.00%
| |
|
35
|
0.90%
| |
|
40
|
0.80%
| |
|
45
|
0.70%
| |
|
55
|
0.50%
|
(h)
Tangents. A tangent, at least 100 feet long,
shall be provided between reverse curves of the center line of all
streets.
(i)
Cul-de-sac or dead-end roads. Roads that terminate
in a dead end or a cul-de-sac shall not be allowed, unless approved
by the Town Board.
(j)
Intersections. Streets shall intersect as nearly
as possible at right angles, and not more than two streets shall intersect
at one point, unless approved by the Town Board. Property lines at
street intersections shall be rounded with a radius of 15 feet or
of greater radius where the Town Board considers it necessary. Street
jogs with center-line offsets of less than 125 feet shall be avoided.
Opposite streets at an intersection shall be designed with their alignment
as continuous as possible.
(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 backslope of 4:1. 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 12 inches below
the subgrade shoulder point elevation, shall be trapezoidal wherever
possible and should be located approximately nine feet from the right-of-way
line.
(5)
Roadway grades. Roads shall have a maximum grade of
6% and the minimum grade shall be no less than 1/2%. Such minimum
shall not be permitted for any sustained distance.
(6)
Roadway base width. Roadways shall have a base width minimum of 32 feet or wider of full depth gravel, when required by the Town Road Standards as noted in § 82.50, Wis. Stats., or by Chapter 184, Land Division, of this Code, if applicable, the more restrictive of which shall apply, and shall taper off at the edge of the shoulder at a slope of four units horizontal to one unit vertical. Debris may not be buried in the sixty-six-foot road right-of-way.[3]
(7)
Roadway base thickness. A minimum crushed aggregate
base course (CABC) thickness of 10 inches compacted shall be constructed
upon an inspected and approved subgrade. The base course shall consist
of a dense, graded, compacted base course composed of two or more
courses or layers of course aggregate, either crushed gravel or crushed
concrete or crushed stone or crushed asphaltic pavement; fine aggregate;
and binder or filler, blended as necessary to produce an intimate
mixture of the gradation and stability specified in the latest edition
of the Wisconsin Department of Transportation Standard Specifications
for Highway and Structure Construction. The base course shall be compacted
to the extent necessary to produce a condition so that there will
be no appreciable displacement of material laterally and longitudinally
under traffic and shall conform to line, grade and shape shown on
the approved plans, profiles and cross sections.
(8)
Pavement width. Roads shall have a minimum pavement width of 22 feet or wider when required by the Town Road Standards as noted is § 82.50, Wis. Stats., or by Chapter 184, Land Division, of this Code, if applicable, the more restrictive of which shall apply. The normal cross slope of the pavement shall be 2% (0.02 foot per foot) down from the center-line elevation.
(9)
Shoulder width. A minimum shoulder width of not less
than five feet wide on each side of the road is required and wider
when required by the Town Road Standards as noted in § 82.50,
Wis. Stats. The normal shoulder shall be designed and constructed
at a four-percent slope (0.04 foot per foot) downward from the adjacent
pavement edge. In super-elevated sections, the shoulder slope will
be a continuation of the pavement slope on the high side and 4% downward
on the low side, except when the super-elevation rate exceeds 4%,
in which case the low side shoulder slope shall equal the rate of
super-elevation.
(10)
Shoulder thickness. Road shoulders shall have
a minimum compacted thickness equaling the thickness of the asphalt
pavement and consist of compacted three-fourths-inch traffic bond
crushed limestone, over a minimum 10 inches of compacted in-place
crushed aggregate base course, Gradation No. 2 or No. 3, as specified
in the Wisconsin Department of Transportation Standard Specifications
for Highway and Structure Construction.
(11)
Roadway culverts and surface drainage. Roadway
culverts shall be constructed as directed by the Town Director of
Public Works. All roadway culverts shall be provided with concrete
or metal apron end walls. The subdivider shall provide adequate facilities
to provide surface water drainage as well as free flow outlets for
subsurface drain tile where they are required. Construction plans
shall show locations of storm sewers, culverts, storm retention reservoirs,
grade stabilization structures, diversion structures and temporary
silt traps. 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. Minimum culvert
size for roadway culverts is 18 inches.[4]
(12)
Driveway culverts. Driveway culverts shall be sized by the Town Director of Public Works. All culverts shall be placed in the ditch line at elevations and locations designated by the Town permits as required by § 279-6 of this chapter, and they shall be provided with concrete or metal apron end walls.
(13)
Topsoil, grass seed, fertilizer, mulch and existing
vegetation. All open cuts of ground, both within and outside of the
road right-of-way, shall, immediately after grading has been completed,
inspected and approved, be seeded in such a manner as to prevent soil
or wind erosion and sedimentation of the road ditches and culverts.
All disturbed areas (ditches and backslopes) within the road right-of-way
not provided with pavement and shouldering material shall be restored
utilizing four inches of topsoil and good quality grass seed, fertilizer
and mulch. Ditches along the roadway with greater slope than 2.5%
shall be protected by erosion control materials such as hay bales,
sod, erosion control mats, etc. Approval by the Town of grading, subgrade
and base course construction shall not indicate approval of soil erosion
control by the subdivider, but the subdivider shall continue to provide
erosion control plantings or devices until written approval is made
by the Town. Where sod is installed, it shall be laid in strips perpendicular
to the flow of water in order to prevent rutting by water. Plans to
protect existing vegetation within the road right-of-way shall be
submitted as part of the road construction plans.
(14)
Paving: financing. The applicant shall deposit
a sum of money with the Town adequate to cover additional construction
which will be necessary to complete the road. The amount of money
so deposited shall be determined by the Town Board and shall include,
but not be limited to, the estimated cost of 1 3/4 inches minimum
of plant-mixed asphaltic concrete pavement upper layer as specified
in the Wisconsin Department of Transportation Standard Specifications
for Highway and Structure Construction and additional crushed aggregate
shoulders. The Town may require greater pavement thickness where traffic
volumes and composition dictate the need. The Town Board may elect
to accept a certificate of deposit in lieu of a cash escrow. The Town
shall make arrangements for the upper layer paving and shouldering
of the roadway and the cost of such work, including engineering and
supervision costs, shall be billed to and paid by the applicant. Such
upper layer paving will not be done prior to two years after the date
of the placement of the lower layers of pavement. The applicant shall
be responsible for the repair or replacement of all improvements which
are defective due to faulty materials or workmanship for a period
of two years from the date of acceptance by the Town.[5]
(15)
Cleanup. All lots in the subdivision or future
land division shall be cleared of all rubbish and other similar materials,
and the surface thereof shall be such as will not interfere with the
cutting of grass and weeds before any roadways in the subdivision
or future land division will be accepted by the Town.
(16)
Paving: thickness. The asphalt pavement shall
have a minimum total compacted thickness of four inches and consist
of two or more layers. The Town may require a greater pavement thickness
and additional layers where traffic and loading dictate the need.
The lower layers shall have a minimum compacted thickness of two inches
and a maximum compacted thickness of three inches. The upper layer
shall have a minimum compacted thickness of 1 3/4 inches and
a maximum thickness of two inches. The proposed layer thicknesses
shall be defined in the road plans and approved by the Town Director
of Public Works. The asphaltic pavement layers shall be graded, placed
and compacted in accordance with the Wisconsin Department of Transportation
Standard Specifications for Highway and Structure Construction. The
applicant shall provide the Town Director of Public Works with a copy
of the asphaltic mix design at least three days prior to the placement
of the asphaltic pavement.[6]
(17)
Paving: quality assurance/quality control. The
applicant shall supply a nuclear density testing machine and a qualified
operator, approved by the Town, to perform random density tests at
locations and times determined by the Town Director of Public Works.
The frequency of nuclear density tests shall not exceed five random
tests per 750 tons of mixture placed. All costs associated with the
nuclear density testing shall be considered as part of the applicant's
costs and no extra billing shall be submitted for this operation.
The applicant shall provide the Town Director of Public Works with
a copy of the test results within 24 hours of the testing.
(18)
Paving: schedule. The applicant shall complete
the paving of the lower layer(s) of asphaltic concrete pavement prior
to the Town Board and/or the Town Director of Public Works making
the final inspection for acceptance or rejection of the road. Paving
of the lower layers of the road shall not be placed during the calendar
period between November 1 and May 1 except with written approval from
the Town Board.
C.
Statutory requirements. The laying out of highways and roads shall be provided in Chs. 82 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 an existing public road can be closer than 600 feet.
E.
Easements. The applicant shall provide the Town with
a deed to the road and easements for all drainage facilities within
the road right-of-way. Where required, the subdivider 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 may and the Town Director of Public Works will proceed
to make final inspection, accepting or rejecting the road as the case
may be. 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. [1]
[1]
Editor's Note: The "Typical Town Road Section"
diagram and Table of Minimum Design Standards for Town Roads are on
file at the Town Clerk's office.
