Town of Grand Chute, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Grand Chute 1-7-1997 as §§ 16.01 to 16.10 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 440.
Stormwater management — See Ch. 463.
Subdivision of land — See Ch. 475.
Trees and shrubs — See Ch. 497.
Vehicles and traffic — See Ch. 515.
A. 
Approval required.
(1) 
No person shall construct or maintain any driveway across any sidewalk or curbing or enter any road without first obtaining a driveway permit from the Town Board or a designated representative thereof, including the Street Superintendent if so designated.
[Amended 12-20-2011 by Ord. No. 2011-30]
(2) 
No building permit shall be issued nor excavation begun, where a culvert will be installed, unless prior thereto a permit for the proper size and type of culvert first is obtained from the proper Town of Grand Chute authority and the actual placing and covering of the installed culvert is accomplished and approval of the completed installation is obtained in writing from the proper Town of Grand Chute authority.
(3) 
The individual property owner shall pay the total cost of all culverts.
(4) 
The property owner shall pay the total cost of installing such culverts, including the cost of the culvert itself, at the time and before a building permit will be issued by the Building Inspector for the Town of Grand Chute.
(5) 
All culverts on Town roads in the Town of Grand Chute, Outagamie County, Wisconsin, shall be installed according to the grade set by the Town of Grand Chute Director of Public Works, Town Engineer, or designee.
[Amended 12-20-2011 by Ord. No. 2011-30]
(6) 
Only galvanized steel culvert pipe shall be allowed to be used for installations by the Town. The minimum length of any installation shall be 30 feet, and the maximum length shall be 60 feet. Installations may be made in excess of 60 feet only on the permission of the Town Board and only under conditions set for said installation by the Board.
(7) 
Persons so designated by the Town of Grand Chute shall designate the size and diameter of the culvert to be installed. In the event of disagreement by the owner with the Town inspector, the owner may request the Town Board to review the matter and set the required diameter.
B. 
Specifications for driveway construction.
[Amended 12-20-2011 by Ord. No. 2011-30; 3-5-2013 by Ord. No. 2013-05]
(1) 
No driveway shall exceed 30 feet in width at the outer or road edge of the driveway unless special permission is obtained from the Director of Public Works.
(2) 
At road intersections, a driveway shall not provide direct ingress or egress to or from the road intersection area and shall not occupy areas of the roadway deemed necessary by the Town Board for effective traffic control or for highway signs or signals.
(3) 
No driveway apron shall extend out into the road further than the face of the curb, and under no circumstances shall such driveway apron extend into the gutter area.
(4) 
All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of roads onto the right-of-way. When required by the Town Board to provide for adequate surface water drainage along the street, the property owner shall provide any necessary culvert pipe at his own expense.
(5) 
No more than one driveway entrance and approach shall be constructed for any lot or premises, except where deemed necessary and feasible without undue impairment of safety, convenience and utility of the road by the Town Board. Any two approaches shall be at least 10 feet apart. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances.
(6) 
Driveway access in areas with curb and gutter may be formed by cutting the back of the curb in a neat, workmanlike manner to form a driveway access. The access formed by cutting the curb head must maintain a minimum one-and-one-half-inch rise from the gutter line. The outside end limits of the removed curb head shall be tapered up at a maximum 2:1 slope. Failure to maintain the required rise or an uneven cut will result in the required removal of the entire curb and gutter between existing joints on either side of the desired access location.
(7) 
If the curb and gutter is removed to create a driveway opening, the new curb and gutter shall be poured of equivalent acceptable material, doweled into the old concrete at both joints, and restored in a neat, workmanlike manner.
(8) 
Driveway surfaces shall connect with the road pavement, curb and gutter or sidewalk in a neat, workmanlike manner.
(a) 
In areas with sidewalks, driveway surface material between the curb and gutter and the sidewalk shall be concrete.
(b) 
All driveway surfaces abutting curb and gutter shall be a hard surface within the right-of-way: asphalt or concrete.
(c) 
Concrete driveway surface material shall end a minimum of 10 feet from any rural, asphalt roadway surface. The last 10 feet shall be asphalt or aggregate.
A. 
No individual, partnership or corporation shall cause any excavation to be made in the public roads, sidewalks and alleys of the Town of Grand Chute without first having obtained the approval of the Town Board and a construction permit from the Director of Public Works or his designee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
For the purpose of this section the public roads and alleys are construed to be the areas as designated by the Town of Grand Chute and recorded as such in the Town records.
C. 
The Town Board may prescribe the conditions under which the excavation shall be made, and it shall be the duty of the Director of Public Works, under the direction of the Town Board, to see that the person doing the excavating complies with such conditions. The Town Board may, in its discretion, require a performance bond from the excavator conditioned upon his faithfully carrying out the terms under which he is allowed to excavate in the public roads, sidewalks or alleys. The bond required shall be adjusted in light of the anticipated danger of damages.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Before a permit for excavating or opening any road or public way may be issued, the applicant must execute and deposit with the Town Clerk an indemnity bond, approved by the Town Chairperson, in the sum of $10,000 conditioned that he will indemnify and save harmless the Town of Grand Chute and its officers from all liability for accidents and damage caused by any of the work covered by his permit and that he will fill up and place in good and safe condition all excavations and openings made in the road and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Town Board for a period of one year and that he will pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing road openings or drain laying adopted by the Town Board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Town. Such bond shall also guarantee that if the Town shall elect to make the road repair, the person opening the road will pay all costs of making such repair and of maintaining the same for one year. Recovery on such bond for any accident, injury, or violation of law, ordinance, rule or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violations during the period of excavation for which it is given. An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Town Board as necessary to adequately protect the public and the Town.
E. 
Prior to commencement of excavation work, a permittee must furnish the Director of Public Works satisfactory written evidence that he has in force and will maintain during the life of the permit and the period of excavation public liability insurance of not less than $100,000 for one person and $300,000 for one accident and property damage insurance of not less than $50,000.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Regulations governing road and sidewalk openings.[4]
(1) 
Frozen ground. No openings in the roads or sidewalks for any purpose shall be permitted when the ground is frozen, except where necessary as determined by the Director of Public Works.
(2) 
Removal of paving. In opening any road or other public way, all paving or blasting materials shall be removed with the least possible loss of or damage to surfacing material and together with the excavated material from trenches shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters and ditches.
(3) 
Protection of public. Each excavation shall be enclosed with sufficient barriers to alert and protect the public from this hazard in the roads or public ways of the Town. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Warning lights shall be kept burning from sunset to sunrise, one warning light to be placed at each end of the opening in the road or public way and other warning lights in a number approved by the Director of Public Works and properly spaced to give adequate advance warning. Except by special permission from the Director of Public Works, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectually from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the Town in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
(4) 
Replacing road surface. In opening any road or sidewalk, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which, in the opinion of the Director of Public Works, is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed, leaving the street or sidewalk in perfect repair, the same to be so maintained for a period of one year. In backfilling the opening, the earth must be placed in layers not more than six inches in depth and each layer compacted or tamped to prevent after-settling. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The Town may elect to have the Town make the pavement repair for any road or sidewalk opening, in which case the cost of making such repair and of maintaining it for one year shall be charged to the person making the road opening.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Whenever the Town Board determines to provide for the permanent improvement or repaving of any road, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Town Board, the Director of Public Works shall notify in writing each person, utility, Town department, including sanitary and utility districts, or other agency owning or controlling any sewer, water main, conduit or other utility in or under said road or any real property abutting said road that all such excavation work in such road must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open, cut or excavate said road for a period of five years after the date of improvement or repaving unless, in the opinion of the Director of Public Works, an emergency exists which make it absolutely essential that the permit be issued. In the event of an emergency, any person owning or controlling any sewer, water main, conduit or utility in or under any road and his agents or employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person shall apply for an excavation permit not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining permit hereunder.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The provisions of this chapter shall not apply to excavation work under the direction of the Street Superintendent by Town employees or contractors performing work under contract with the Town necessitating openings or excavations in Town roads. "Town" for the purpose of this section shall apply to utility and sanitary districts operating within the Town.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 1-5-2010 by Ord. No. 2010-02]
A. 
Permit required. No person, persons, partnership, company or corporation shall erect or install any structure, sign, fence, lighting, wall, pavement or other vehicle access nor perform or arrange for any construction within or upon the Town road right-of-way without first obtaining a written permit from the Town, with the exception of a mailbox and boxes installed for the delivery of newspapers.
B. 
Obstructions and encroachments.
(1) 
No person, persons, partnership, company or corporation shall encroach upon or in any way obstruct or encumber any road, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant.
(2) 
Any existing structure, sign, fence, wall, pavement or other obstruction (including trees) which, in the judgment of the Town, will prevent proper snow removal from the pavement and shoulders or mowing of the ditches of the Town roadway shall be removed by the owner or occupant of the adjacent property within 15 days of receiving written notice from the Town. If the owner or occupant does not remove said structure or obstruction within the allotted time, the Town shall remove it or make arrangements to have the obstruction removed, and the expense of removal shall be charged to the adjacent property as a special assessment, after notice and hearing.
C. 
Exceptions. The prohibition of Subsections A and B shall not apply to the following:
(1) 
Public utility encroachments duly authorized by state law or the Town Board.
(2) 
Excavations and openings permitted under §§ 468-1 and 468-2.
D. 
Obstruction of water flow. No person shall allow, permit or cause the accumulation of any materials in or upon the roadways or road ditches of the Town which in any manner obstruct the flow of water causing diversion of water from the ditch or causing the stagnation of water flowing therein.
E. 
Mailboxes. Mailboxes shall be installed in accordance with United States Postal Service regulations but as far from the Town roadway pavement as those regulations allow. Mailbox supports and attachments shall be strong enough to withstand the pressure and thrust of plowed, wet snow but shall not be so formidable and massive as to damage vehicles and cause serious injury to people who may accidentally strike them.
F. 
Encroachments affecting public safety.
[Added 10-5-2010 by Ord. No. 2010-12]
(1) 
It shall be unlawful for any person to plant, cause to grow, allow to grow or to maintain any trees, shrubs, bushes, hedges or vegetation of any kind that creates an obstruction to the clear and complete vision of any traffic sign or driveway approach to any street or street intersection in the Town of Grand Chute. It shall be the duty of every owner of such tree, shrub, bush, hedge or vegetation to remove such obstruction.
(2) 
The Town of Grand Chute shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight, or interferes with visibility of any traffic control device or sign, or interferes with the vision of traffic vehicle operators at any street intersection. Any tree, shrub, bush, hedge or other vegetation of any kind that obstructs the view at any intersection or the view of a traffic sign shall be deemed to be dangerous to public travel, and the Town Board may order, by written notice, the owner or occupant of any private place or premises upon which there stands a tree or shrub that unreasonably interferes with or encroaches upon the street or sidewalk to take such steps as are necessary to remove such interference. If such owner or occupant fails, within seven days of receipt of notice, to take such necessary steps, the Town Board shall order the Building Inspector and/or Public Works Department to remove the interference. The costs of removing the interference shall be levied and collected as a special tax upon the property upon which or in front of which such tree or shrub stands.
A. 
Permits for the use of the roads, alleys, sidewalks or other public ways or places of the Town may be granted to applicants by the Town Board for the purpose of encumbering the road, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided that such applicant has complied with the other requirements of this subsection and has obtained a building permit if required by this Code.
B. 
No road privilege permit shall be issued until the applicant shall execute and file with the Town Clerk a bond, in an amount determined by the Town Board, conditioned that the applicant will indemnify and save harmless the Town of Grand Chute from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the roads, alleys, sidewalks or public property of the Town resulting from such building operations.
C. 
The fee for a road privilege permit shall be as prescribed in the Town Fee Schedule.
D. 
The permission to occupy or obstruct the roads, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, or removal of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Town Board for violation thereof:
(1) 
Such temporary obstruction shall cover not more than 1/3 of any road or alley.
(2) 
Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.
(3) 
Upon termination of the work necessitating such obstruction, all parts of the roads, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.
E. 
Termination. All road privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the direction of the Town Board.
F. 
In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any unlawfully obstructed road shall refuse or neglect to remove such obstruction within 24 hours after notice from the Town Board to do so, it shall be the duty of the Town Board to direct removal of such obstruction and make return of the cost and expense thereof to the Town Clerk, who shall enter such cost on the next annual tax roll as a special charge against the property abutting such obstructed road, and such sum shall be levied and collected as other special taxes against real estate.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 2-1-2000; 7-6-2000]
A. 
Snow and ice removal.
(1) 
Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice within 24 hours from the time the snow ceases to accumulate on said sidewalk. Sidewalks are to be kept clear of snow and ice to their maximum width. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand and/or salt to permit safe travel by pedestrians.
(a) 
Exceptions. In single- and two-family residential zones, in the event that the subject property has multiple frontages, the property owner shall not be responsible for clearing the sidewalk on the frontage to which access is physically or legally restricted. Town crews shall be responsible for snow or ice removal in this area.
(2) 
Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A(1), the Street Superintendent or Town law enforcement officers shall take the following action:
(a) 
Hazardous conditions. If the Street Superintendent or Town law enforcement officer determines that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he/she shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and ice be removed within two hours from the delivery of the notice. In the event that the property owner, occupant or person in charge of said parcel or lot is unavailable to receive a written notice, the Street Superintendent or police officer shall immediately cause the removal of the snow and/or ice. The Street Superintendent or police officer shall send a written notice to the last known address of the property owner notifying the owner that a hazardous condition existed which required immediate abatement.
(b) 
Nonhazardous conditions. If the owner, occupant or person in charge of the subject parcel or lot fails to remove the snow within the time period established in Subsection A(1), the Street Superintendent or police officer shall cause the issuance of a written notice to said owner, occupant or person in charge of the subject parcel or lot directing the responsible person (as defined) to remove said snow and ice no later than 12:00 noon of the day following the issuance of said notice. The written notice shall be hand delivered when possible or mailed to the last known address of the owner of the subject property as identified on the records in the Town Assessor's office.
(c) 
Snow and ice not to encroach. In accordance with § 398-5, no person shall push, blow, shove or in any way deposit any snow or ice onto any public street, alley, sidewalk or public lands dedicated to public use.
(3) 
Enforcement. The Street Superintendent, his designees and all sworn police officers are hereby authorized and directed to enforce the provisions of this section.
(4) 
Continued violations. Each twenty-four-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.
(5) 
Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection A(2)(a) and (b) after receiving a written notice shall result in the Street Superintendent causing the removal of said snow and/or ice.
(6) 
Expense. An account of the expenses incurred by the Town to abate the snow and/or ice hazard shall be kept, and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the last known address of the owner of the parcel or lot and shall be payable within 30 calendar days from the receipt thereof. Any unpaid costs and expenses that remain after 30 days shall carry an interest charge of 12%. Repeat violations shall be subject to a charge which is double the actual costs to abate the snow and/or ice hazard. Any costs not paid by October 1 in any year shall be entered onto the tax roll by the Town Clerk as a special tax as provided by § 66.0907(5), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(7) 
Penalty. In addition to the provisions set forth in this section, any person, firm or corporation who or which violates the provisions of this section shall be subject to a penalty as provided in the Uniform Forfeiture and Bond Schedules.
B. 
Sidewalk construction.
(1) 
Purpose. In order to enhance the safety of pedestrian traffic and provide an alternative mode of transportation along the Town's traffic corridors, the Town may approve and direct the construction of sidewalks on the basis of need, safety, available funds, and maintenance considerations.
(2) 
Construction of sidewalks.
(a) 
Petitioned sidewalks. The Town Board may approve the construction of sidewalks by resolution after a petition of abutting property owners. The petition must be signed by the property owners of more than 50% of all parcels of property abutting the proposed sidewalk improvement or a sufficient number of property owners accounting for more than 50% of the frontage of the abutting properties.
(b) 
Nonpetitioned sidewalks. The Town Board may elect to construct sidewalks in designated areas without a petition. The following general criteria will be considered to determine if sidewalks will be constructed without a petition. Areas meeting these criteria will generally receive greater consideration for sidewalks. However, meeting these criteria does not necessarily mandate the installation of sidewalks.
[1] 
Adjoining street is an urbanized state or county highway or an urbanized Town collector street as indicated on the Town's road designation map.
[2] 
Pedestrian destinations are located on the adjoining street or a reasonable distance that would connect a given area with pedestrian destinations. Pedestrian destinations may include the following: schools, including private schools and post-secondary schools; institutions, such as hospitals, state or local government buildings, etc.; bus stops; connections to other planned or designated pedestrian trails; residential zoned areas; or neighborhood commercial areas.
[3] 
Parcels have direct access to adjoining street.
(c) 
Approval of construction. Based on the petitions received, or the evaluation of the above criteria set forth in Subsection B(2)(b) above, the Town Board may direct the construction of sidewalks on one or both sides of a nonpetitioned street. If one side is selected for construction, it will generally be the side that would generate the most pedestrian traffic.
(3) 
Funding of sidewalk construction.
(a) 
Petitioned sidewalks. One hundred percent of the cost shall be special assessed in accordance with the Town's special assessment policy.[2]
[2]
Editor's Note: See Ch. 57, Art. II, Special Assessments and Charges.
(b) 
Nonpetitioned sidewalks: In single-family and two-family residential zoned areas, the Town shall assume 100% of the costs of sidewalk construction. In commercial, industrial, and multifamily residential zoned areas, 100% of the cost shall be special assessed in accordance with the Town's special assessment policy.
A. 
Parking of automobiles or other motorized vehicles on private premises shall be so regulated as not to interfere with the use of any Town road or public right-of-way. Where parking lots or areas are located immediately adjacent to a public road or right-of-way, a physical divider shall be placed at the edge of the parking lot or area adjacent to the public road to prevent invasion of the public right-of-way. Points of ingress or egress to private parking areas shall be plainly marked, and no single parking area shall have more than one point of ingress or egress per 100 feet along such public road. The physical barriers shall not be less than two feet above the parking lot surface. Applications for variations of the number or distance of points of egress or ingress may be granted in writing by the Town Board. The owner of any such premises shall be liable hereunder.
B. 
Violations of this section shall be punishable by the imposition of a fine or forfeiture as prescribed in the Uniform Forfeiture and Bond Schedules for each day of violation. Upon a finding of guilty of a violation hereunder and failure to pay the forfeiture imposed, said convicted person may be imprisoned for a period not to exceed 10 days for each violation.
[Amended 7-15-2003[1]]
A. 
General requirements.
(1) 
In accordance with § 475-15A and B, the developer shall have an initial consultation with Town staff and submit a conceptual plan for review and consideration by the Town of Grand Chute Plan Commission. The developer or the developer's designee shall attend the meeting and present the concept plan to Town Plan Commission. Failure of the developer or designee to attend the meeting or provide a complete roadway development checklist may result in the denial of the concept plan.
(2) 
Upon approval of the conceptual plan by the Plan Commission, the developer shall prepare the preliminary plat or certified survey map for review by the Plan Commission and approval by the Town Board in accordance with §§ 475-15C and 475-17. Concurrent with the submittal of the preliminary plat or certified survey map, the developer shall make written application to the Town of Grand Chute for construction of any new roads, including ditching or storm sewer, indicating the location, use, name, type of surface, desired time schedule, and detailed construction plan. The construction plans must meet the Town of Grand Chute requirements contained in the General Specifications, Town of Grand Chute, that are in effect at the time of the application.
(3) 
No Town road shall be accepted by dedication or deed unless the person desiring to dedicate and deed to the Town said road shall have first obtained the approval of the Town Board of the points of access to existing Town roads and shall have improved said roadway to the grade, road base and surface requirements of the Town Board and shall have provided documentation that the roadways to be dedicated are free of liens, encumbrances or other impairments to clear title to the property.
(4) 
The liability for accident or injury occurring on any proposed roadway shall be the liability of the owner until both dedication and deeding are completed and accepted by the Town Board.
(5) 
Failure to obtain and comply with Town Board requirements shall constitute basis for refusal to accept said dedication and/or deed. The Town will not maintain Town roads until dedication and deeding are completed and accepted by the Town.
(6) 
Streetlight installation.
(a) 
All new streets within the Town of Grand Chute shall have streetlights installed at the time the street is constructed in accordance with a streetlighting plan that has been approved by the Town Board.
(b) 
The cost of installation shall be paid by the developer in accordance with the procedures listed under § 57-17, Cost of improvements, of this Code.
(7) 
All construction contractors of all roads must be included on the Town list of qualified contractors. The Town shall supply this list to all developers upon request. The list of contractors shall be updated on an annual basis. All contractors who qualify for Wisconsin Department of Transportation work shall automatically be qualified to perform construction of roadways in the Town of Grand Chute for the type of work they are qualified. Any construction contractor not on the Wisconsin Department of Transportation list can prequalify pursuant to forms supplied by the Town of Grand Chute.
(8) 
The Town Engineer shall have the sole discretion to inspect the installation of all Town roads during any part of the construction process, including installation of all storm sewers, roadway subgrade elevations, aggregate base course placement, paving and restoration work. The Town Engineer shall have the authority to complete any other inspections the Town Engineer feels applicable for the particular roadway construction on a project-by-project basis.
B. 
Construction of new Town public roads and streets under a Town construction contract.
(1) 
Following receipt of the application, the Town of Grand Chute Town Board shall refer the application to the Town of Grand Chute's Engineer for the preparation of bid documents. No advertisement for bids will be published until the developer has entered into an escrow agreement with the Town and deposited cash escrow funds with the Town in an amount equal to 125% of the total estimated project costs as determined by the Town Engineer. To assure that the cash escrow is adequate to cover the cost of the bid to be awarded, all bid documents shall contain notation that the award of the bid shall be subject to the developer depositing a cash escrow with the Town of Grand Chute for 125% of the amount of the awarded bid and that no contract shall be signed until the required escrow has been received by the Town of Grand Chute.
(2) 
The Town of Grand Chute Engineer shall prepare bid documents for construction of the roadway subgrade, aggregate base course, road drainageways or curb and gutter and storm sewer, municipal utilities and lower layer asphalt pavement. The installation cost for streetlights shall be obtained from the appropriate utility prior to the award of the bid. The cost for furnishing and installing all required road signs, including but not limited to stop signs, speed limit signs, and informational signs, shall be obtained from the Town of Grand Chute.
(3) 
Upon receipt of the bid, the developer shall amend the cash escrow deposit with the Town of Grand Chute to equal 125% of the bid plus the streetlight installation cost, the cost for all required signs and their installation, and the Town of Grand Chute engineering and legal costs. Upon deposit in escrow by the developer of all of the required costs, the Town Board may move to award said bid.
(4) 
The Town of Grand Chute shall construct the road in stages upon completion of Subsection B(1) to (3), with the final paving to be installed when 70% of available abutting property in the subdivision is developed or within two years, whichever comes first, but in no case until a minimum of 20% of the abutting land is developed unless approved the Town Board.
(5) 
Following construction of the roadway subgrade, aggregate base course, road drainageways or curb and gutter and storm sewer, municipal utilities and lower layer asphaltic pavement, the actual construction costs shall be paid from the cash escrow. A financial security, acceptable to the Town's Attorney, equal to 20% of the cash escrow furnished by the developer shall be held for a period of two years after the required improvements for the applicable phase have been completed and the road accepted by the Town Board. This financial security is to guarantee all required improvements against defects in workmanship and materials. If any defects appear during the period of the guarantee, the developer shall install replacements or perform acceptable repairs. In the event that the developer fails to install the required replacements or perform the repairs within 21 days of written notification by the Town, the Town may do so and deduct the cost from the security deposit, unless the Town Administrator has granted an extension in writing.
(6) 
The public improvements and right-of-way dedication shall not be accepted by the Town without a financial security deposit equal to 20% of the cash escrow amount being held by the Town as a guarantee against defects in workmanship and materials.
(7) 
Actual costs of final paving shall be assessed to abutting property owners by waiver of special assessment proceedings, and all subdividers of final plats or persons offering a certified survey map for approval shall be required to enter into a subdivision improvement agreement relating to final paving and waiver of special assessment proceedings, a specimen copy of which is on file in the Town Clerk's office.
(8) 
Final paving shall be done in accordance with the provisions of Subsection B(4), and the entire actual construction cost shall be placed as a special assessment on the tax roll in accordance with the provisions of Chapter 57, Article II of this Code, except that §§ 57-8 through 57-11 shall be inapplicable thereto. In addition, the incorporation herein by reference of § 57-16, Method of payment, the Town of Grand Chute Policy on Special Assessments, is solely for the purpose of granting to the subdivider/property owners the right to pay under annual installments and at the interest rate as set forth specifically under the Town's special assessment ordinances and policies.
(9) 
The street shall be considered an official Town of Grand Chute street following completion of Subsection B(1) to (4), through the construction of the lower layer of asphalt pavement, and the public improvements being accepted by resolution of the Town Board. Upon acceptance by the Town Board, the Town will perform and pay for all routine maintenance of the street from that time. Acceptance of the street by the Town Board does not release the developer from the responsibility to replace or repair defects in workmanship or materials that may appear during the period of the guarantee.
C. 
Construction of new Town public roads and streets under a private construction contract.
(1) 
Prior to the private construction of any Town road or street in the Town of Grand Chute (hereinafter referred to as "Town"), the developer/owner (hereinafter referred to as "developer") shall enter into a roadway development agreement (hereinafter referred to as "agreement") with the Town. The agreement shall be established by the Town of Grand Chute Board of Supervisors, by resolution, and the content and form of the agreement may be modified on a case-by-case basis at the sole discretion of the Town of Grand Chute Board of Supervisors. The roadway development agreement shall be approved by the Town prior to the commencement of construction of the street or road. The agreement shall include but shall not be limited to the following:
(a) 
The developer shall provide a financial guarantee to the Town for the street construction that the developer intends to complete pursuant to the roadway development agreement. The financial guarantee shall be approved by the Town prior to the commencement of construction of any portion of the street or road. The financial guarantee to the Town shall be provided in any of the following forms:
[1] 
Payment and performance bond.
[2] 
Irrevocable letter of credit.
[3] 
Escrowed funds.
(b) 
The financial guarantee described above shall be in an amount equal to 125% of the entire construction costs of the road, streetlighting, road signs as determined by the developer and approved by the Town Engineer and any engineering or legal costs incurred by the Town.
(c) 
Twenty percent of the financial guarantee furnished by the developer shall be held for a period of two years after the required improvements for the applicable phase have been completed and the road accepted by the Town Board to guarantee all required improvements against defects in workmanship and materials. If any defects appear during the period of the guarantee, the developer shall install replacements or perform acceptable repairs. In the event that the developer fails to install the required replacements or perform the repairs within 21 days of written notification by the Town, the Town may do so and deduct the cost thereof from the financial guarantee, unless the Town Administrator has granted an extension in writing.
(d) 
The agreement shall include detailed construction plans and specifications for the proposed public improvements. The construction plans shall meet the Town requirements contained in the General Specifications, Town of Grand Chute, that are in effect at the time of application. The plans shall include all drainage plans with roadway grades.
(2) 
The developer shall pay for all fees for submittal of the plans as described herein as set forth in the Town Fee Schedule on file with the Town.
(a) 
The developer shall pay the entire cost of the plan review fees by the Town Engineer for review of the plans as described herein. Specifically, the developer shall pay the Town costs for the plan review and review of the following: conceptual plan, preliminary plat, final plat, drainage, street plans and all other plans required by the Town Board.
(b) 
The developer shall pay the total project costs. Total project costs shall consist of construction costs up to the lower layer asphaltic paving, engineering and legal fees applicable to the project and costs for all required roadway signage and streetlights. The developer shall pay the Town's Engineer costs, We Energy costs and any other utility costs related to the construction of the roadway, as required, which said payments shall be made directly to the appropriate party. Copies verifying direct payment of construction costs shall be provided to the Town. Any and all costs incurred by the Town for the roadway construction, including engineering, construction inspection, materials testing and legal fees, shall be billed by the Town to the developer.
(c) 
Upon completion of specific items listed as required improvements, submittal of proof to the Town Engineer of payment to contractors and acceptance of those improvements by the Town Board, the Town Engineer will release no more than 80% of the security furnished for the respective improvements completed. No more than one reduction in the amount of security shall be granted on a monthly basis. Upon acceptance of the road by the Town Board, no less than 20% of the original financial guarantee amount shall be held by the Town for the purposes stated in Subsection C(1)(c) of this section.
(3) 
The private construction of Town roads as described herein shall comply with all ordinance requirements and resolution requirements of the Town, including conceptual plan, preliminary plat approval and final plat approval.
(4) 
The road shall be constructed as described herein; however, the final paving shall be installed when 70% of available abutting property in the subdivision is developed or within two years, whichever comes first, but in no case until a minimum of 20% of the abutting land is developed, unless otherwise approved by the Town Board. Specifically, in the event a minimum of 20% of the abutting land is not developed and the two-year time frame has lapsed as described above, the Town Board, at the Town Board's discretion, may require final paving of the road in conformity with this section. The developer shall then be required to construct the road in conformity with all Town ordinances and resolutions as described herein. However, the roadway development agreement may provide for an earlier final paving than the time frames described above. However, the roadway development agreement shall also include a waiver that the developer and all owners shall accept full liability for premature failure of the bituminous paving installation. Premature failure is defined as displacement or breakup of bituminous pavement within two years of acceptance of roadway (through the lower layer of asphaltic pavement) by the Town Board.
(5) 
If the actual construction costs exceed the financial guarantee of 125% to the Town (as described above), the difference shall be made up in either of the following ways:
(a) 
On or before 30 days from the date of notice from the Town to the developer of a shortfall, the developer shall provide an increase of financial guarantee to cover the increased costs; or
(b) 
In the event that the developer does not provide the increased financial guarantee described above, then the increased cost amount shall be placed on the tax roll as a special assessment, which said assessment shall be split equally against all lots within the affected subdivisions.
(6) 
At the time of the signing of the roadway development agreement, the developer and all owners of all real estate properties in the development shall sign a subdivision improvement agreement relating to final paving and waiver of a special assessment hearing. A specimen copy of this subdivision improvement agreement is on file with the Town Clerk's office. The subdivision improvement agreement shall include, among other items, that the actual costs of final paving shall be assessed to abutting property owners by waiver of assessment proceedings. All subdividers of final plats or persons offering a certified survey map for approval shall be required to enter into a subdivision improvement agreement relating to final paving and waiver of special assessment proceedings.
(7) 
In the event that during the roadway construction process the Town Engineer determines there is inadequate construction or construction not in conformity with the submitted plans or not in conformity with the Town's standards and general specifications, then the Town Engineer shall provide written notice to the developer. Upon receipt of the written notice, the developer shall cease all future construction of the road until such time as the deficiencies are satisfied and corrected as determined by the Town Engineer. In that event, the developer shall have 15 days to correct all deficiencies as described herein. In the event that the fifteen-day time frame is not met, then the Town, at the Town's discretion, shall have the authority to make arrangements to have the deficiencies corrected, have the roadway properly constructed, and have the financial guarantees applied to the construction costs.
(8) 
At such time the developer signs the roadway development agreement, subdivision improvement agreement, detention/retention pond maintenance agreement and applicable streetlighting plan agreement, and at such time the developer provides satisfactory financial guarantee to the Town as described above and demonstrates that the property is free from all liens and encumbrances, and at such time that all public improvements are substantially complete as approved by the Town Engineer, then the Town shall execute the final plat for recording.
(9) 
Final paving shall be done in accordance with the provisions of Subsection C(4), and the entire actual construction cost shall be placed as a special assessment on the tax roll in accordance with the provisions of Chapter 57, Article II of this Code, except that §§ 57-8 through 57-11 shall be inapplicable thereto. In addition, the incorporation herein by reference of § 57-16, Method of payment, the Town of Grand Chute Policy on Special Assessments, is solely for the purpose of granting to the subdivider/property owners the right to pay under annual installments and at the interest rate as set forth specifically under the Town's special assessment ordinances and policies.
(10) 
Upon completion of all Town Engineer inspections as described herein, the Town Engineer shall write a letter recommending acceptance as a Town road to the Town Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 12-19-2006]
A. 
Any utility, including any public or private utility of any kind or nature, desiring to construct utility improvements within Town Road right-of-way shall be required to comply with the following terms and provisions and shall be further required to pay charges for utility permits as adopted by the Town Board from time to time.
(1) 
Any utility company, public or private (and not a utility company's contractor), shall be responsible for obtaining the permit and payment of the permit fee as set forth herein.
(2) 
Any utility company desiring to construct or install a utility improvement within Town of Grand Chute road right-of-way shall be required to notify the Town of Grand Chute Street Superintendent three days prior to beginning any utility work on Town road right-of-way, in addition to the requirement to notify the Town of Grand Chute Street Superintendent upon completion of the utility construction so that the Town of Grand Chute may complete a field inspection. Failure to comply with the terms of the permit, including failure to comply with procuring the permit, will jeopardize obtaining future permits from the Town of Grand Chute.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Upon the permit, each utility must designate an individual within the utility department or company that will be responsible for the administration and supervision of each permit as obtained, including the individual's name and telephone number.
(4) 
Any contractor employed by a utility company to complete the work/construction, referenced in the permit obtained by the utility company itself, shall be required to obtain a construction permit from the Town of Grand Chute prior to performing any utility work in Town road right-of-way.
(5) 
The fees for utility permits shall be adopted by resolution of the Grand Chute Town Board and may be updated by resolution as needed.
(6) 
No permit will be issued until all fees have been paid in full with the permit application. If work on the right-of-way is started prior to the applicant receiving the approved permit, permit fees will be doubled.
B. 
Any person/firm found to have violated this section shall be liable by way of civil action and civil forfeiture for all permit fees herein stated, including Town of Grand Chute reasonable attorney fees for collection of the same.
C. 
Any person found to have violated this section shall, upon conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules for each violation, together with the cost of prosecution.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).