[Adopted 9-18-2012 by Ord. No. 2012-9]
The purpose of this article is to protect the health, safety,
convenience and general welfare of the public that utilizes pedestrian
and vehicular travel or utilizes available public services on local
streets, roadways, alleys and other public transportation facilities
within the Town. This article acts to ensure that all improvements
or alterations to roads and rights-of-way in the Town are built or
replaced to the best standards possible and to ensure that driveways
are planned and designed with the intent of safe travel and public
service accommodation. This article shall not repeal, impair or modify
private covenants or public ordinances, except that it shall apply
whenever it imposes greater restrictions.
This article is intended to provide a framework for persons
or entities that utilize the right-of-way for roadway additions, roadway
alterations, access to property, alteration to property access, underground
accommodations, and surface alterations within the right-of-way. By
means of this article and the intent of the ordinance, the Town of
Pacific shall determine the quality, location and construction of
all improvements that may be made in or encroach into the public right-of-way,
and shall determine the adequacy of improvements or modifications
subject to travel by any public services. This article repeals and
replaces any previously adopted Town ordinance as to those matters
that are provided for in this article.
The Town Board has the specific statutory authority, powers
and duties, pursuant to the specific statutory sections noted in this
article and by its adoption of village powers under §§ 82.50,
82.51 and 82.52, Wis. Stats., and Ch. Trans 204, Wis. Adm. Code, to
regulate, control, prevent and enforce in the Town certain uses, activities,
businesses and operations by persons that may affect the public works
and infrastructure in the Town.
The Town Board has, by adoption of this article, confirmed the
specific statutory authority, powers and duties noted in the specific
sections of this article and has established by these sections and
this article the regulations, controls and enforcement against certain
uses, activities, businesses and operations by persons that may affect
the public works and infrastructure in the Town.
This article applies to all persons or entities making or proposing
to make use of the public right-of-way, except where specifically
noted herein.
The Town, by means of this article, requires any or all of the
following permits for work that utilizes the right-of-way for roadway
additions, roadway alterations, access to property, alteration to
property access, underground accommodations, and surface alterations.
Each person desiring to undertake an activity regulated by this chapter
shall submit the appropriate application(s), information and fee(s)
as required by the applicable section(s) in this chapter, no less
than four weeks prior to the time the work is scheduled to begin.
A.
Work-in-Town-right-of-way permit (Article II of this chapter). No person, business entity or governmental body, or any agent thereof, may excavate, open, plant, install underground utilities, overlay or modify any public highway, road, street or alley in the Town without receiving a permit from the Town or its designee prior to commencing the proposed activity. The application requirements, fees, permit form(s), and permit conditions for such activities are available in Article III of this chapter, as applicable.
B.
Town road access permit (Article III of this chapter).
(1)
As part of access construction, no structure, object, excavation or growth shall be constructed, reconstructed, altered, placed, installed or planted within the right-of-way of a Town road until the Town or its designee has issued an access permit. The application requirements and fees for such activities are available in Article III of this chapter, as applicable.
(2)
An applicant that seeks an access permit from the Town may also be required to submit a permit as provided in Article II, Right-of-Way Control, if:
(3)
If an access permit is requested for an activity and an additional
work-in-Town-right-of-way permit is required, the Town Building Inspector/Town
Engineer shall provide notice to the permittee. The permittee remains
responsible to obtain all required permits as necessary for any construction
activities in or adjacent to a Town right-of-way at any time before,
during or after construction.
C.
Driveway modification permit (Article IV of this chapter).
(1)
A driveway modification permit is required if a property owner of
an existing driveway along a Town road is proposing to perform any
of the following activities:
(a)
Realign a single active driveway to any location within the
limits of the property.
(b)
Combine two single driveways on individual properties for use
as common driveway.
(c)
Change the use of a particular existing active driveway access.
(d)
Resurface an existing active driveway in a manner that alters
the drainage characteristics or access features of the existing driveway.
(e)
Construct new gravel or new pavement features on an existing
active driveway.
(f)
Replace an existing culvert below an active driveway, for driveway
culverts within Town right-of-way or easement.
(g)
Perform extensive construction operations alongside an existing
active driveway of the property, including construction of features
that limit the access of the property for emergency vehicles.
D.
Oversized and overweight vehicles (included as follows).
(1)
No person shall cause, allow or permit any person to move oversized
or overweight vehicles or loads on any public highway, road, street
or alley in the Town of Pacific without a permit issued by the Town
Board or its designee. The person applying for the permit shall fully
comply with §§ 348.25, 348.26, 348.27 and 348.28, Wis.
Stats., and this article. No permit shall be issued or reissued by
the Town Board or its designee unless the person agrees to and does
fully comply with §§ 348.25, 348.26, 348.27 and 348.28,
Wis. Stats., and this article, where applicable, and with any reasonable
conditions established by the Town Board or its designee. The Town
Board or its designee may suspend or revoke, for good cause, any permit
issued on these sections or may decline to issue additional permits
after providing the applicant or permittee with a reasonable opportunity
for a public hearing. The Town Board or its designee may, as a condition
of issuing a permit, require a bond, certificate of insurance or cashier's
check which, to the satisfaction of the Town Board or its designee,
will save the Town from any claim, loss or damage that may result
from issuing the permit. In addition, the Town Board or its designee
may require proof that personal injury and property damage insurance
will be in force, sufficient to the satisfaction of the Town Board
or its designee, to cover claims from bodily injury or property damage
which may occur as a result of the operation under the permit and
for which the permittee is legally responsible. Any weight permits
will be issued by Columbia County Highway Department with the Town
Board Chair's approval for the purpose of permits for Spring load
limits.
(2)
Fees for overweight and oversized vehicles permits shall be as provided
in the Town's Fee Schedule.
A.
No person shall locate, construct or reconstruct a vehicular access
to a Town road or place a culvert in the public right-of-way of Town
roads without first obtaining an access permit from the Town or its
designee.
B.
No person shall cause, allow or permit any person to fail to immediately
remove fallen trees from any public highway, road, street or alley
in the Town where these trees originated from property owned or leased
by that person.
C.
No person shall cause, allow or permit any person to throw, deposit
or discharge any weeds, sediment, sod, brush, manure or other waste
or rubbish on any public highways, roads, streets or alleys in the
Town. This includes waste generated from construction sites.
D.
No person shall cause, allow or permit any persons to draw, paint,
print or paste on any culvert, bridge or guardrail on any public highway,
roadway, street or alley in the Town.
E.
No person shall cause, allow or permit any person to plant any tree
or cut any tree on the public highway, road, street or alley in the
Town without a permit issued by the Town or its designee. No permit
shall be issued or reissued by the Town to plant any tree if the planting
and location of the tree will substantially impair, now or in the
future, the public safety of persons in the Town. No permit will be
issued or reissued by the Town Board to cut any tree if the cutting
of the tree, with the safety precautions to be taken, as described
by the applicant or permittee, will still substantially impair, now
or in the future, the public safety of persons in the Town, or if
the cutting and removal of the tree will substantially destroy the
aesthetic beauty in the Town.
F.
Materials for culvert pipes installed or replaced below Town roads
shall consist of reinforced concrete (minimum Class II RCP). Installation
for new or repaired culverts below Town roads shall be according to
specifications approved by the Town Engineer.
G.
Retaining walls, stone walls, monuments, signs, lights, etc., shall
not be allowed on driveways within Town right-of-way.
H.
Underground utilities improvements, including extensions, alterations,
removals, etc., shall not be allowed within the Town right-of-way
without the appropriate permit approval for such work.
I.
Excavation, grading, ditching, reditching or otherwise altering of
topography of lands within the Town right-of-way shall not be allowed
without the appropriate permit approval for such work.
J.
Improvements or alterations to existing active driveways, including
field road accesses, require a driveway modification permit from the
Town. Other permits may be required as applicable to the proposed
activity, as determined by the Town or its designee.
K.
Curb and gutter shall not be allowed within the Town road right-of-way
for private access unless the Town road has curb and gutter.
L.
Additional provisions for a particular activity associated with right-of-way,
easement, roadway, driveway or utility construction may be required
at the discretion of the Town or its designee.
M.
Any person prior to and at the time of seeking a Town road access
permit must own or have a legal interest in and current legal access
to the land to which the permit(s) will apply.
N.
Use of accesses existing at the time of the adoption of this article
and not discontinued in use for agriculture-related residences or
agriculture field entrances will be allowed.
O.
Use of an agricultural field access for a new residential access
is not permitted without review and approval as a new access.
Any specification(s) in this chapter may be waived or modified
by the Town Board or its designee if it deems the specification(s)
would impose any unnecessary hardship. Any request by an applicant
for a waiver or modification of any provision in this chapter must
accompany the initial application and must state the reason for the
request.
A.
The Town Board declares that the Town of Pacific shall have the responsibility
to declare any snow emergency, to make the appropriate announcements
and to post, in the appropriate locations, the actual declaration
of snow emergency.
B.
Upon the actual completion of the posting, the snow emergency shall
be formally declared. From that time period until the snow emergency
declaration is rescinded by the Town Board, no person in the Town
shall cause, allow or permit any person to park any motor vehicle
on any public highway, road, street or alley in the Town so as to
cause obstruction of plowing, block traffic or inhibit traffic flow
for emergency purposes in the Town. The snow emergency declaration
shall be rescinded by the Town Board when it files with the Town Clerk
a written termination of the snow emergency declaration.
C.
The emergency restrictions set forth herein shall be inapplicable
to emergency vehicles and Columbia County vehicles.
The Town Building Inspector and/or the Town Engineer may post
a stop-work order if any work or any part thereof is being installed
contrary to the terms of a permit or without a permit, as applicable
within the articles of this chapter. If the permittee fails to cease
the unpermitted activity or comply with the permit conditions immediately,
the Town may issue a notice of intent to the permittee of the Town's
intent to perform the work necessary to comply with this chapter.
The Town Building Inspector and/or the Town Engineer, or a contractor
retained to perform such services, may commence the work no less than
14 days after issuance of the notice of intent. All costs associated
with the work performed, including the services of the Building Inspector,
Town Engineer, Town Attorney, Town administrative costs and those
of the contractor performing the work, shall be paid by the permittee.
If the landowner fails to pay the amount due, the Town Treasurer shall
enter the amount due onto the tax rolls and collect such bill as a
special charge pursuant to § 66.0627, Wis. Stats.
A.
Any person aggrieved by any decision made in the administration of
this chapter may appeal to the Town Board. Appeals shall be filed
within 30 calendar days following the administrative decision. Appeals
shall be filed in writing with the Town Clerk. The appeal shall specify
the legal description of the parcel and access location in question
and the grounds for the appeal.
B.
The Town Board shall make a decision on the appeal within 15 calendar
days from the day the appeal was heard by the Board. The Town Board's
decision shall be made by the majority present.
[Amended 2-18-2014 by Ord. No. 2014-1]
A.
Any person, firm or corporation who fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-1 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense.
B.
Every
violation of this chapter is declared to be a public nuisance. In
addition to the penalties provided in this article, the Town may abate
such nuisance. The Town shall give written notice to the landowner
or person who is in violation of the chapter, giving the person a
reasonable time to correct the violation. In the event the violation
involves a Town road right-of-way, the Town may take such action within
its right-of-way as is necessary to abate the nuisance, including
removal of any material which is encroaching upon or obstructing the
right-of-way or trimming of vegetation which is intruding on the right-of-way.
The Town may charge the responsible party for the cost of abating
the nuisance, and if said charges are unpaid, assess them against
the violator's property as a special charge.
C.
In addition
to the other remedies herein, the Town may commence an action for
injunctive relief against an alleged violator seeking to compel the
violator to cease and desist from violating this chapter.
D.
Further,
if the violator's performance on the project was covered by a bond,
then the Town shall have those further remedies provided to the Town
under the terms of that bond and Wisconsin law.
[Added 3-21-2023 by Ord. No. 2023-1]
For the purpose of this chapter, the following definitions shall
apply.
Driveway or road access point for any motorized or nonmotorized
vehicles, except for State of Wisconsin funded snowmobile trails.
A permit granting access onto a Town road.
The review by Town staff on those projects that, under the
Town's Code, do not require Town Plan Commission or Town Board action.
[Added 3-21-2023 by Ord. No. 2023-1]
Average daily traffic generated on a given road.
Land within the Town of Pacific that has been or is currently
considered farmland.
The Town Board of the Town of Pacific.
An obligation undertaken to ensure the timely and satisfactory
performance, by an applicant or its contractor, of work within the
Town's right-of-way.
[Added 3-21-2023 by Ord. No. 2023-1]
In the context of Town road and infrastructure improvements,
the "builder" is defined as the owner or developer of land being developed
with roads and infrastructure.
A map of land division, not a subdivision, prepared in accordance
with § 236.34, Wis. Stats., and in full compliance with
the applicable provision of this chapter. A certified survey map has
the same legal force and effect as a subdivision map.
The Town of Pacific Clerk.
Any person, firm or corporation who submits a bid or otherwise
accepts compensation for the undertaking of work, whether himself,
employees or subcontractors, in the construction, erection, installation,
maintenance, repair, alteration, demolition of various improvements
to land and real estate.
A lot abutting intersecting streets at their intersection.
Any segment of a Columbia County trunk highway.
An existing or proposed driveway access or field road access
with amenities either proposed or currently in use that accesses a
Town roadway.
A private driveway, road or other avenue of travel that runs
through any part of two or fewer parcels of land or that connects
or will connect with any public highway for the purpose of access,
but shall not include any field road lying outside of the right-of-way
of a public road.
An existing driveway or field road that is in place but has
not been in use for a period of two years or more, as determined by
the Town Board.
An area of land set aside or over or through which a liberty,
use, privilege or advantage in land, distinct from ownership of the
land, is granted to the public or some particular person or part of
the public.
Any fire, police, ambulance or first responder vehicle used
in emergency or hazard activities in the Town.
A driveway access used only for agriculture purposes.
Any improvement or alteration to surface or underground amenities
that is proposed, taking place, or existing on lands not within the
Town of Pacific or other public authority and where maintenance/operation
of said amenities is ultimately not a public responsibility.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Town may ultimately assume the
responsibility for maintenance and operation.
Any real estate or interest in real estate.
A land area as designated by Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific.
A project involving work that utilizes the Town right-of-way,
except those projects that, under the Town Code, qualify as minor
right-of-way projects.
[Added 3-21-2023 by Ord. No. 2023-1]
A project involving work that utilizes the Town right-of-way,
which fits within one of the following categories:
[Added 3-21-2023 by Ord. No. 2023-1]
Access/driveway construction for agricultural or residential
zoned property.
Driveway/access modifications for agricultural or residential
zoned property.
Individual utility project where land disturbance is less than
500 square feet.
Multiple individual utility service connections to serve individual
parcels over a calendar year, by any one provider, where an erosion
control permit is not required for an individual connection and where
the Town Engineer, in his professional judgment, determines that it
is impractical to administer multiple individual project permit requests.
Modifications to the right-of-way that change the grade of the
slide slope, backslope, ditch line, culvert or alter the sight line
of the path of travel or driveway entrance.
Fencing projects requiring access to the right-of-way.
Tree cutting or trimming or other vegetative maintenance (including
applying herbicides and pesticides) other than mowing, or other customary
yard care services performed by, or hired by, the owner or occupant
of the premises.
Traffic control and related operations using the Town right-of-way.
Horizontal boring installations not exceeding 500 square feet
of land disturbance.
The area of land within the property lines of a given piece
of property.
Any person who seeks or obtains a permit within this article.
Includes any person that undertakes unpermitted activities as regulated
by this article.
Includes the plural as well as the singular and may mean
any individual, firm, association, syndicate, partnership, corporation,
trust or any other legal entity.
The Town of Pacific Plan Commission.
A road or driveway on privately owned property, limited to
the use of the owner or a group of owners who share the use and maintain
the road without help from a government agency, and has not been dedicated
to or accepted by a government agency for public use.
Any service or effort for a person or property provided by
private, community or governmental agencies, including but not limited
to emergency health care and emergency fire protection.
A public way dedicated to the public for its intended use.
A public way for pedestrians and vehicular traffic and utility
access, including but not limited to highways, thoroughfares, parkways,
through highways, streets, avenues, boulevards, lanes, places and
courts, and any pavements, turf, fixtures, facilities, structures,
plantings, signs and other elements of the right-of-way.
Any road within the Town jurisdiction with a speed limit
of 55 miles per hour (88 km/h).
Any road outside the municipal boundaries of a city or village
with a speed limit below 55 miles per hour (88 km/h).
Anything constructed or erected, existing or proposed, the
use of which requires more or less permanent location on the ground
or attached to something having permanent location on the ground.
A division of land as per Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific.
The surface features and drainage characteristics of an area
of land.
The Town of Pacific, Columbia County, Wisconsin, and, where
appropriate, its Town Board, commissions, committees and authorized
officials.
A firm or individual designated by the Town Board as the
agent performing municipal building inspection services for the administration
of uniform dwelling codes, commercial building codes, or other specific
code as provided by the Town.
A firm or individual designated by the Town Board to advise
the Town Board on a particular project; if the Town Board does not
designate an engineer, the term shall be defined to mean the Town
Board.
Any road within the municipal boundaries of a city, village
or township with a speed limit below 36 miles per hour (58 km/h).
A public or private service corporation that provides electric,
gas, cable television, telephone, fiber optic, sanitary sewer, water
main, or storm sewer to/from one region to another region and exists
in physical overhead and/or underground structures within easements
or rights-of-way within the Town.
An area of land defined by an approximate triangle with dimensions
of 15 feet along the center line of the driveway and 300 feet along
the connecting roadway, centered at the driveway, for the purpose
of providing adequate sight distance for all vehicles traveling on
or entering onto roadways within the Town.
