[Amended 12-20-2011 by Ord. No. 2011-30; 3-5-2013 by Ord. No.
2013-05; 8-4-2022 by Ord. No. 2022-13]
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 Director of Public Works or their designee. All new driveways and alteration to existing surfaces shall meet the following requirements. Alteration to existing surfaces is considered altered either by adding asphalt or concrete or by removing existing asphalt or concrete and exposing the gravel course base and then repaving such area; the regulations and standards set forth in Chapters
468 and
535 shall be met.
(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.
(6) Only galvanized steel culvert pipe shall be allowed to be used for
installations by the Town. Culvert length shall be the sum total of
the permitted driveway width, plus two feet for driveway shoulders,
plus the length necessary to slope down to the ditch flow line at
a slope ratio, horizontal to vertical, at a minimum 6H:1V slope. Use
the minimum length of pipe necessary to span a driveway, plus allow
for appropriate endwalls and sloping. 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 length 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.
(1) Residential property. At property zoned and used as RSF, RTF, or
R-2, or a property zoned AGD that is used for a single-family detached
residence unrelated to farm operations, the following regulations
shall be met:
(a)
Single-family uses are permitted one driveway per lot unless
otherwise regulated in this chapter, subject to the design regulations
specified herein. Two-family uses are permitted two driveways per
lot unless otherwise regulated in this chapter, subject to the design
regulations specified herein.
(b)
All driveways abutting curb and gutter shall be a minimum width
of 12 feet. Driveways leading to garages are limited to a maximum
width of 25 feet at the property line and 30 feet at the curb/pavement
line (2-1/2-foot apron flares), unless special permission is obtained
from the Director of Public Works or their designee. Any two approaches
shall be at least five feet apart at the road edge.
(c)
All driveways abutting any rural, asphalt roadway surface shall
not have a width less than 12 feet nor greater than 25 feet measured
at right angles to the center line of the driveway, except as increased
by permissible radii. No return radius projected between the road
edge and driveway shall be greater than 10 feet. Any two approaches
shall be at least 10 feet apart at the road edge.
(d)
Side yard setbacks for driveways are a minimum of three feet
at the property line, unless greater standards are required to conform
to the standards as set forth in this chapter and/or by the Director
of Public Works or their designee.
(2) Multifamily, commercial, industrial, or institutional property. At
property zoned and used as R-3, R-4, R-5, RMF, C-1, C-2, CL, CR, CP,
IND, or PDD, the following regulations shall be met:
(a)
All driveways abutting curb and gutter shall be a minimum of
12 feet. Driveways are limited to a maximum width of 35 feet at the
property line and 40 feet at the curb/pavement line (2-1/2-foot apron
flares), unless special permission is obtained from the Director of
Public Works or their designee. Any two approaches shall be at least
five feet apart at the road edge.
(b)
When concrete curb and gutter is installed surrounding driveways
and parking lots, it shall be contiguous out to the abutting street
curb and gutter, sidewalk, or trail, whichever is closer within the
road right-of-way. Curb and gutter shall be tapered when terminating
at sidewalks and trails. The tapered sections shall be three feet
long and end with a two-inch-high curb. A contraction joint shall
be placed at the end of the tapered section.
(c)
All driveways abutting any rural, asphalt roadway surface shall
not have a width less than 20 feet nor greater than 35 feet measured
at right angles to the center line of the driveway, except as increased
by permissible radii. Any two approaches shall be at least 10 feet
apart at the road edge.
(d)
No return radius projected between the road edge and driveway
shall be greater than 40 feet.
(e)
The angle between the center line of the driveway and the roadway
center line shall be not less than 45°.
(f)
Side yard setbacks for driveways are a minimum of five feet at property line, unless greater setbacks are required to conform to the standards as set forth in §
535-52.
(3) 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.
(4) 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.
(5) 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 their own expense.
(6) 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 Director of Public Works or designee. 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.
(7) 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 1-1/2-inch rise from the gutter line. The outside end limits
of the removed curb head shall be tapered up at a maximum 3:1 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.
(8) 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.
(9) Driveway surfaces shall connect with the road pavement, curb and
gutter or sidewalk in a neat, workmanlike manner.
(a)
In areas with sidewalks and trails, driveway surface material
between the curb and gutter and the sidewalk and trail 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.
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.
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.
[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.
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.
[Amended 2-1-2000; 7-6-2000; 7-20-2021 by Ord. No. 2021-05]
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. No person shall allow water to be discharged from a sump pump or down spout in a location that causes ice to accumulate onto any public street, alley, sidewalk or trail.
(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.
(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.
(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.
[Added 7-20-2021 by Ord. No. 2021-05]
A. Purpose. To maximize visibility, maintain roadway safety and enhance
community aesthetics, the owner, occupant or person in charge shall
maintain the right-of-way and/or roadway ditch adjacent to all residential,
commercial, and industrial properties.
B. Maintenance of right-of-way adjacent to urbanized streets shall include establishment and maintenance of turf grass, as defined in §
423-4 of the Town of Grand Chute Municipal Code, in the terrace from the back-of-curb to the property line. Maintenance of roadway ditches shall include mowing and brush removal. Maintenance of right-of-way shall include removal of litter and debris. No vegetation, excluding trees, shall be allowed to exceed a height of eight inches. Maintenance exceptions may be granted by the Town in the following situations:
(1) The depth or slope of the roadway ditch makes maintenance hazardous.
(2) The ditch is consistently saturated or filled with water preventing
maintenance activities (maintenance is required up to the zone of
saturation).
(3) The adjacent property is an environmentally sensitive area as defined in §
423-4 of the Town of Grand Chute Municipal Code.
(4) The adjacent property is undeveloped.