[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.]
[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°.
(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.
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]
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]
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]
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.
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.
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.
[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.
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.
(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:
(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.
[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]
(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.
[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.
