Green Lake County, WI Article VI Administration

§ 159-19 Officials designated.

The County Highway Department and County Highway Committee are appointed to administer this chapter.

§ 159-20 County Highway Department powers and duties; highway access permit; certificate of compliance.

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.

(c) Keep records of all official actions such as:

[1] All permits issued, inspections made, and work approved.

[2] Records of nonconforming accesses, appeals, variances and amendments.

(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:

(1) General information.

(a) The name and address of the applicant, property owner and contractor.

(b) The legal description, and whether it is new construction or a modification.

(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.

§ 159-21 County Highway Committee.

A. The County Highway Committee shall:

(1) Oversee the functions of the office of the County Highway Department; and

(2) Review and advise the County Board on all proposed text amendments to this chapter.

B. The County Highway Committee may grant variances to the terms of this chapter.

C. The County Highway Committee shall not amend the text of this chapter in place of official action by the County Board.

§ 159-22 Appeals to Highway Committee; variances.

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

(d) The variance is consistent with the purpose of this chapter in § 159-3.

(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.

(3) A variance shall not:

(a) Grant, extend or increase any prohibited use of the lot, parcel or land area.

(b) Be granted for a hardship based solely on an economic gain or loss.

(c) Be granted for a hardship that is self-created.

(d) Damage the rights or property values of other persons in the area.

(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.

(1) Permit application, § 159-20.

(2) Data listed in § 159-20B where the applicant has not submitted this information to the County Highway Department.

(3) Other data submitted with the application or submitted to the Circuit Court with the appeal.

§ 159-23 Public information.

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.

§ 159-24 Fees.

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:

A. Access permit:

(1) Highway access: $150.

(2) Driveway access: $150.

B. Access permit, after the fact:

(1) Highway access: $250.

(2) Driveway access: $250.

C. Committee meeting for variance: $400.

D. Certificate of compliance (nonconforming): $300.

E. Removal of illegally placed access: actual cost.

F. Work related to an access performed by the County Highway Department will be charged at the normal rates of this Department.