[Adopted 9-18-2012 by Ord. No. 2012-11]
This article applies to all persons or entities intending to
modify or obtain access to public Town roads and/or right-of-way,
except where specifically noted herein. Persons or entities are obligated
to comply with other applicable Town ordinances, whether or not specifically
referenced in this article. This article repeals and replaces any
previously adopted Town ordinance as to those matters that are provided
for in this article.
A.
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 procedures for such activities are available in this article.
[Amended 3-17-2015 by Ord. No. 2015-6]
B.
As part of permanent or temporary access for new residential construction,
no structure, object, excavation or growth shall be constructed, reconstructed,
placed or installed as a property access unless the Town or its designee
has issued an access permit.
C.
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:
D.
If an access permit is requested for an activity and an additional
Work in Town Right-of-Way is required, the Town 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 Town right-of-way at any time before, during or after
construction.
[Amended 1-17-2017 by Ord. No. 2017-2]
The Town Engineer is hereby authorized to administer this article of this chapter. Completed applications for permits shall be filed with Town Clerk, who shall forward the applications to the Town Engineer. The Town Engineer, within 10 days after the application is filed with the Clerk, shall approve, conditionally approve, or deny the application. If denied, the applicant shall be entitled to appeal as provided in § 345-11.
Any person or entity that wishes to access a public right-of-way
of a Town road shall follow the Town's access permit procedures as
given by this section or as given otherwise by the Town's designee.
The typical procedures for application, submittal and review for all
access permits are as follows:
A.
Permittee to review all applicable ordinances and regulations.
B.
Permittee to complete, sign and notarize application forms; submit
to Town Building Inspector or Town Engineer.
C.
Permittee to pay application fees as per the Town's current fee schedule.
D.
On-site meeting and initial driveway design recommendations by Town
Building Inspector or Town Engineer. The permittee will be notified
of the potential for additional engineering, construction and fee
requirements due to the complexity of the site or nature of the proposed
work.
E.
Town Engineer completes formal recommendations to the Plan Commission
for the application.
F.
Town Engineer to complete additional engineering review for complex
or unusual site conditions.
G.
Town Engineer forwards application and recommendations to the Town
Clerk and Plan Commission for action.
H.
The Town Board will review Plan Commission report/recommendation
and take final action on the application.
[Amended 3-17-2015 by Ord. No. 2015-6]
Any person or entity that wishes to access a public right-of-way
of a Town road, for temporary and/or permanent means, shall follow
the procedures given for access permits and complete necessary documentation
necessary for the adequate review and approval of the requested access
permit. Applicants shall complete the requirements of this section
and submit that information to the Town Engineer at least four weeks
prior to the planned start of construction of the proposed access.
A.
Application. Access permits shall be initially requested with the
permittee's completion and submittal of the application form. This
form is available at the office of the Town Clerk. The Town Building
Inspector and/or the Town Engineer shall review all application requests
on behalf of the Town of Pacific. The Town Plan Commission will take
action on access permits in the Town.
B.
Additional information. The Town reserves the right to request pertinent
information necessary for the adequate review and determination of
the access permit approval. The Town also reserves the right to verify
compliance of the proposed activities according to all regulations
in this article and other applicable codes.
C.
Requirements. An application for an access permit request shall include,
at a minimum:
(1)
The name of the permittee(s) who is directing, performing or otherwise
undertaking the work requested for the access permit. If a contractor
or other entity seeks a permit on behalf of a property owner for which
a permit is requested, the application shall be submitted upon signed
and notarized approval of the property owner.
(2)
The mailing address of the owner of the property for which the work-in-right-of-way
permit is requested.
(3)
The property(ies) address, or tax parcel designation of the property(ies)
adjacent to the roadway.
(4)
The name(s) of the adjacent roadway(s).
(5)
Description of the type of driveway (gravel, concrete, asphalt) that
is proposed and the proposed use of the completed facilities (existing
and proposed).
(6)
Approximate date of proposed start of construction.
(7)
Approximate date of project completion.
(8)
A plan map shall be prepared with a North arrow and scale of not
more than one inch equals 100 feet with a reasonable degree of accuracy
that depicts the site conditions, neighboring features, and all proposed
facilities if necessary.
(10)
Other state/federal permits (DOT, DNR, DOC, United States Army
Corps of Engineers, etc.), if applicable.
(11)
Qualified contractor certification, as provided per Chapter 185, Contractor Certification, of the Code of the Town of Pacific.
(12)
Other information provided by the permittee that is necessary
for an informed review of the application request.
D.
Application fee. Applications shall not be reviewed unless the appropriate
application fee(s) is received. The Town of Pacific, through the Town
Clerk, shall be the recipient of all fees associated with access permits.
The fee shall be included within the Town's Fee Schedule, adopted
by resolution by the Town Board.
[Amended 1-17-2017 by Ord. No. 2017-2]
E.
On-site meeting. Applicant shall meet with the Town Engineer once
a completed application form has been received, unless the Town Engineer
determines, under the circumstances, that a site meeting is not necessary.
[Amended 1-17-2017 by Ord. No. 2017-2]
(1)
The on-site meeting shall be held at the approximate location of
the driveway request.
(2)
If the permittee cannot or does not attend the site meeting, the
Town Building Inspector and/or the Town Engineer shall review the
site and make recommendations according to his/her professional discretion.
(3)
If additional meetings are required, the permittee is responsible
for payment of fees outside the application fee in compensation for
necessary Town Building Inspector and/or Town Engineer expenses.
(4)
Proposed driveway location(s) shall be discussed and reviewed at
the on-site meeting. This includes access within the public right-of-way
as well as the private portion of the driveway.
(5)
Timelines of construction, for all proposed work, including building
plans if applicable, shall be noted and documented.
(6)
Extraordinary site-specific requirements shall be noted and documented,
if known at that time.
(7)
Notification of the potential for additional professional fees caused
by unusual site conditions or proposed construction plans shall be
made and documented.
(8)
A decision on the access permit approval may not be made at the on-site
meeting.
F.
Action. The Town Engineer shall approve, conditionally approve or
deny, a completed application and shall reference specific findings
for that decision.
[Amended 1-17-2017 by Ord. No. 2017-2]
(1)
Application approved. A proposed driveway site recommended by the
permittee may be approved pursuant to applicable standards and regulations
set forth in this article.
(2)
Application denied. A proposed driveway site may be denied pursuant
to applicable standards and regulations set forth in this article
and also as determined by accepted engineering standards. The Town
may provide recommendations for alternate sites, where appropriate.
(3)
Application requiring additional information. A proposed driveway,
or alternate recommended driveway, may require additional information
necessary to adequately review and determine the approval status.
(4)
Application requiring professional design. A proposed driveway, or
alternate recommended driveway, may require additional information
and submission by a registered professional engineer to adequately
review and determine the application status. The requirements for
submittal of a driveway design by a registered professional engineer
are as follows:
(a)
Existing conditions plan of a scale of not more than one inch
equals 100 feet depicting at least existing site and surrounding area
conditions, features, neighboring properties, contours, property lines,
rights-of-way, and precise location of proposed amenities. Existing
conditions may be also noted on proposed site plan document when clarity
allows.
(b)
Large-scale regional topography relating to off-site drainage
or erosion may be required by the Town Engineer.
(c)
Existing soil conditions and areas of significant slopes provided
on existing conditions plan or separate document. All slopes greater
than 10%, existing or proposed, shall be clearly noted. Proposed slopes
shall be noted on proposed site plan or separate document. Drainagecourse
slopes shall be noted in intervals not greater than 50 feet, if required.
(d)
Erosion control provisions provided on proposed site plan or
separate document on a scale of not more than one inch equals 100
feet.
(e)
Existing and proposed culverts shall be precisely located with
the size and slope indicated. Design calculations for proposed culverts
shall be included as provided by TR-55/TR-20 methodology or approved
equivalent methodology, as determined by the Town Engineer.
(f)
Driveway profile along the center line of the proposed driveway
provided on a separate document.
(g)
Driveway cross sections in locations as determined by the Town
Engineer. Include driveway construction materials and specifications.
(h)
Retaining walls shall be noted on proposed site plan or separate
document. Retaining walls may be included in cross sections as necessary.
The type of material, size, shape, etc., shall be provided. Design
calculations shall be included, if required by the Town Engineer.
(i)
All proposed plan information shall be accompanied by the seal
of a registered professional engineer licensed within the State of
Wisconsin, along with a statement that he/she has complied with all
of the provisions within this article.
G.
Access permit issuance. Upon appropriate Town approval of the proposed
activity, a permit may be granted.
(1)
Plan changes. The Town Engineer shall be notified of any changes
to the plan approved in the application. Additional review information
may be requested by the Town Engineer in the application review process.
(2)
The Town Engineer reserves the right to impose other requirements
for the proposed activity prior to work-in-Town-right-of-way permit
issuance, based on reasonable protections of public health, safety
or specific Town ordinance(s).
(3)
The permittee is responsible for all reasonable Town costs, including
additional review costs incurred due to an altered access permit request.
(4)
Revocation. The Town or its designee reserves the right to revoke
an approved application based on incorrect or false information submitted
by the permittee.
(5)
Inspection. After the driveway has been completed, a Town official
and/or the Town Engineer shall inspect the driveway to determine whether
or not it was constructed according to the plan(s) and is consistent
with the requirements of this article.
(6)
Duration. An access permit, and requirements thereof, shall be active
for the duration of the driveway construction project, but shall not
exceed one year without written extension approval from the Town.
(7)
Extension. The Town or its designee may extend an issued access permit
upon reasonable justification by the permittee in writing and as authorized
by the Town Engineer.
(8)
Disclaimer. The Town's issuance of an access permit does not constitute
a determination that the driveway is safe, suitable for use, or otherwise
passable for the public. No person may rely on the issuance of a permit
to determine that a driveway is fit for any purpose.
(9)
Bonding. Where the Town or its designee deems it necessary to secure
performance of the conditions of the work, the applicant shall be
required to secure the work via a bond amount consisting of at least
1.25 times the estimated cost of the construction project in favor
of the Town. Such bond shall remain in full force and effect for at
least one year past the estimated date of completion of the project.
This requirement may not be applied to public service corporations,
sanitary districts and public utility districts.
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 a permit from the Town or its designee. The following general standards apply to all future accesses within the Town in addition to those as provided in § 345-7, General provisions, of this chapter:
A.
General design. A private access shall be of such width and so located
that all of such access and appurtenances are within the limits of
the frontage abutting the street of the property served. An access
shall not provide direct ingress or egress to or from any street intersection
area and shall not encroach upon or occupy areas of the street right-of-way
required for effective traffic control and safety.
B.
Existing access. Any use of access to a road prior to the effective date of this chapter will be allowed pursuant to any/all requirements of Article IV of this chapter.
C.
Vacated access.
[Amended 3-17-2015 by Ord. No. 2015-6]
(1)
The Town Board may vacate an access point if another access point
is granted.
(2)
A vacated access shall be restored to a natural condition by the property owner. The restored condition shall match surrounding land, from road edge back to the road right-of-way. Culverts and paving shall be removed, ditch lines restored and grass or other matching vegetation provided. Failure to restore within 30 days of this notice will subject the owner to the penalty as provided in § 345-12 of this chapter, and the Town may choose to perform the restoration and its cost pursuant to § 66.0627, Wis. Stats.
D.
Access to roads. Entrance upon or departure from a Town road shall
be prohibited except at locations specifically designated by this
article. No driveway shall be opened into or connected with any Town
road under this article or converted from one use of access to another
use of access without an access permit. Whenever possible, access
should be granted onto the least traveled roadway adjacent to the
property when there is a choice between roads. Shared access is encouraged
to minimize the number of access points and interruption of traffic
flow.
E.
Number. The number of accesses to serve an individual residential,
farmstead, commercial, industrial or institutional property shall
be one, except that an additional access may be granted by permission
of the Town Board for reasonable and adequate service to the property,
considering the safety, convenience and utility of the road.
F.
Frequency.
(1)
Only one access shall be allowed per parcel zoned residential.
(2)
Where a property owner owns more than one adjacent parcel with roadway
frontage, all of which are zoned agricultural, no more than six accesses
shall be allowed in a mile. This distance is to be measured 1/2 mile
in each direction from the center line of a proposed driveway and
shall count all driveway center lines within 1/2 mile in each direction.
(3)
In a case where a property owner owns more than one adjacent parcel
(with the same land use) with roadway frontage, all parcels shall
be treated as a single parcel for the purposes of this section.
(4)
Commercial and industrial zoned parcels may be allowed two points
of access, provided they each separately meet the remaining criteria
of this article and require adequate off-road parking spaces adequate
for the proposed land use.
[Amended 2-18-2014 by Ord. No. 2014-1]
G.
Location. An access shall be so located as to not create a safety
hazard for vehicles traveling on the roadway or exiting and entering
the property. The Town Engineer, using good engineering practice,
shall determine the permitted location for an access with consideration
given to the road's classification, topography and posted travel speed.
As a standard, an access shall be so located as to permit a safe distance
from a vehicle at the access to see an approaching vehicle and to
have adequate time to exit or enter the access safely, and for an
approaching vehicle to see a vehicle at the access and to safely stop.
(2)
Agriculturally related residences on which at least one person earns
at least 51% of his or her gross annual income from farm operations
on the farm parcel, or a parent or child of the operator of the farm,
may have a driveway at a distance not less than 300 feet (91.44 meters)
from the center line of the proposed driveway to the center line of
an existing driveway.
(3)
Maximum access points per side per mile shall be no more than six
for rural road; 12 for semi-urban road; 36 for urban road, unless
there is not other way of providing access to the existing parcel.
This distance is to be measured 1/2 mile in each direction from the
center line of a proposed driveway and shall count all driveway center
lines within 1/2 mile in each direction.
(4)
Access on a corner lot shall not be allowed at a distance of less
than 300 feet (91.44 m) for rural road; 150 feet (45.72 m) for semi-urban
road; 100 feet (30.48 m) for urban road from the center line of an
intersecting road to the Town road.
(5)
Road access, in addition to the remaining criteria in this article,
must be at least 1,000 feet (304.80 m) for rural road; 500 feet (152.42
m) for semi-urban road; 250 feet (76.2 m) for urban road from the
nearest road which enters onto the Town road in question. Where possible,
driveways should not be staggered but should be aligned whenever possible
to another driveway or road on the opposite side of the connecting
roadway for which access is requested.
(6)
Safety shall not be hindered due to access locations near hills,
curves or other locations which may lack an unobstructed view of oncoming
traffic.
(7)
Shared access is encouraged to minimize the number of access points
and interruption of traffic flow.
H.
Visibility. No access shall be located within or traverse any area
that is part of a vision clearance triangle of any existing or proposed
roadway within the Town, as determined by the Town Engineer. All driveways
shall be located to allow for adequate sight distance for vehicles
traveling on, exiting off, or entering onto the connecting roadway.
Vision clearance corners for private driveways shall be provided.
Vision clearance corners must be free of all obstructions at each
access point in accordance with the applicable vision corner diagram
(see Exhibit A[1]). Driveway vision corners are to be measured from a point
3.5 feet above the center of the proposed access, 15 feet back from
the edge of pavement of the Town road, to two points 4.5 feet above
the center of the nearest oncoming lane of the Town road in each direction,
at a distance of "D" from the point where the Town road meets the
center of the proposed access. Distance "D" shall correspond to the
speed limit of the road. If the given speed limit is not listed, the
next highest speed limit shall be used. Signalized intersections need
only meet the standards provided for driveways, in addition to approval
by the Town Board or designee.
[1]
Editor's Note: Exhibit A, Vision Corners, is included as an attachment to this chapter.
I.
Culvert. Every access should be constructed with a culvert placed
so as to permit the free and unobstructed flow of surface water past
the access. No access may be constructed in a manner that would interfere
with the drainage of streets, ditches or roadside areas. This requirement
may be waived by the Town Engineer if it is found that a culvert is
not necessary to convey drainage (such as a hilltop or other similar
area).
[Amended 3-17-2015 by Ord. No. 2015-6]
J.
Land division and zoning approvals. Before any parcel of land is allowed to be subdivided pursuant to Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific, it must be proven that access can be provided to each parcel in such a way that it will not violate any of the regulations of this chapter. The Town of Pacific Town Board, Plan Commission, and County Zoning Board of Adjustment shall not approve or issue any applications for permits, nor shall it recommend in favor of any rezoning or conditional uses for any structure or parcel of land which does not have an existing access or a highway or Town road access permit.
K.
Types of accesses (see Exhibit B[2]).
(1)
Type "A" access: Private driveways with access to one or two agricultural
or residential parcels must have an entrance width of 20 to 24 feet
(6.096 to 7.315 m) and a return radius of 20 feet (6.096 m).
(2)
Type "B" access: Type "B" access standards must be used for residential
with three to 20 units, and commercial or industrial with up to 25,000
square feet (2,322.5 square meters).
(3)
Type "C" access: Type "C" access standards must be used for residential
with over 20 units, and commercial or industrial over 25,000 square
feet (2,322.5 square meters).
[2]
Editor's Note: Exhibit B, Access Design Standards, is included as an attachment to this chapter.
L.
Turnarounds. Turnarounds shall be provided so that vehicles do not
need to back out onto a Town road.
A.
Access width. Unless an exception is granted by the Town Board, accesses
for all types of land uses shall be no wider than 30 feet. Exceptions
may be granted based on factors such as accommodating commercial or
farm vehicles maneuvering or where left- and right-turn lanes should
be included within the access.
B.
Access height at the point of the culvert shall be equal to or lower
than the level of the outside edge of the road shoulder.
C.
Retaining walls, stone walls shall not be allowed on driveways or
road accesses within Town road right-of-way.
E.
Access surface. An access may be constructed of any hard, clean,
durable material such as concrete, crushed stone, bituminous or paving
stone placed so that the surface of the access meets the existing
edge of pavement. Driveways shall not extend into the roadway surface
so as to cause an obstruction to the maintenance or snow removal on
the roadway. All access surfaces must have a minimum two-percent crown
or cross slope directing drainage to the access edge. Any pavement
in the right-of-way, whether new, resurface or replacement, may be
required to be replaced at the owner's expense when it causes a safety
or drainage problem. Access onto a Town road may require a paved apron
within the right-of-way of the Town road, at the owner's expense,
in instances when usage or drainage warrants. Crowning of access shall
be provided with a minimum grade of 2% towards the sides of the access.
F.
Driveway culverts. Driveway culverts shall be installed prior to
construction work being commenced on the property. All culverts shall
be constructed of material acceptable to the Town Engineer, including
reinforced concrete pipe or galvanized corrugated steel, and shall
be of sufficient gauge to provide adequate bearing capacity for vehicles
expected to use the driveway, as determined by the Town Engineer.
Plastic pipe and/or plastic endwalls are not allowed.
(1)
Minimum size. Culverts shall be a minimum of 20 feet in length and
shall be no smaller than 18 inches in diameter or equivalent. Larger
culverts may be required by the Town Engineer where needed to accommodate
unusually high stormwater drainage.
(2)
Placement. Culverts shall be placed in the ditch line at elevations
as set by the Town Engineer so as to adequately convey water and assure
proper drainage.
(3)
Endwalls. All culverts shall have flared endwall sections so that
backfill and cover material will not erode into the bottom of the
ditch and reduce the capacity of the ditch and culvert. Endwalls or
abutments constructed of timber, concrete or similar material are
prohibited.
(4)
Backfill and cover material. Culverts shall be bedded and backfilled
with granular material that is compacted in place. Other materials
for bedding and backfill shall be approved by the Town Engineer. The
minimum cover, measured from the top of the pipe to the top of the
subgrade material, shall be six inches.
(5)
Gauge. The minimum wall thickness for corrugated metal culverts shall
be in accordance with the following:
|
Pipe Diameter
(inches)
|
Gauge
| |
|---|---|---|
|
18 to 24
|
16
| |
|
30 to 36
|
14
| |
|
42 to 54
|
12
| |
|
60 to 72
|
10
| |
|
78 to 84
|
8
|
G.
Access drainage. The access shall be sloped away from the edge of
the roadway pavement at a minimum slope of 2% across the shoulder
and 1% from the shoulder point to the low point. The low point of
the access shall be located at the center of any required ditch over
the driveway culvert. If no ditch exists, the access low point shall
be placed at the center of the future ditch as determined by the Town
Engineer. If the access slopes down from the roadway, a swale must
be created over the center of any existing or future ditch. Ditches
along the right-of-way, roadway crowning, and culverts shall be provided
by the property owner for acceptable drainage. The driveway shall
be planned, constructed and maintained in a manner that prevents diversion
of the surface water onto the public road and/or the lands of other
persons.
H.
Slope. No land with a slope of more than 20% shall be disturbed for
the establishment, construction, improvement, modification or reworking
of a driveway. The maximum final slope of any portion of the driveway
surface shall be no more than 12%. Slopes to the side of the access
shall not be greater than four to one or that of the embankment of
the existing Town road, whichever is less.
I.
Width, rise and ditch distance. The driveway shall be constructed
with a minimum of a finished surface of 12 feet in width, with a minimum
of four feet side slope on each side with a maximum slope of one foot
of vertical rise for each four feet of horizontal distance. (Such
a rise equals twenty-five-percent slope.) There shall be a minimum
of 20 feet from the center of the ditch on one side of the driveway
to the center of the ditch on the other side. The center of each ditch
must be at least 10 feet from the center line of the twelve-foot driveway.
J.
Restoration. All Town road surfaces, shoulders, curbs, ditches, slopes
and vegetation disturbed during access construction shall be restored
to original conditions.
K.
Hazard marking and lighting. Any access location shall, during construction
within the right-of-way, be provided with adequate hazard marking
and lighting. Hazard marking and lighting shall be provided by the
owner of the parcel to which the access will enter.
The purpose of this section is to regulate the design and siting
of a driveway to assure that the site will promote the public health,
safety and general welfare of the community, to preserve agricultural
land, to protect environmentally sensitive areas, and to enforce the
goals and policies set forth by the Town of Pacific.
A.
Side banks. The side banks shall be graded to a slope of no more
than one foot of vertical rise in each three feet of horizontal distance.
(Such a rise equals thirty-three-percent slope.) Excluded from this
grading requirement are driveways for which retaining walls and/or
other erosion control measures are installed as specified in an engineer's
plan approved by the Town Board.[1]
B.
Radius of curves. Curves in the driveway shall have an inside radius
of no less than 36 feet for driveways greater than 100 feet in length.
C.
Erosion control. All erosion control devices, except those performing
mainly subsequent to construction, shall be installed prior to the
start of construction. Seeding, mulching, fertilization shall take
place immediately or as seasonal weather allows. For winter construction,
erosion alternatives must be approved and implemented according to
the Town Engineer's review.
D.
Substrate. The driveway must have at least four inches of two-inch
rock on the roadbed, covered with two inches of three-fourths-inch
gravel. If it can be shown there is a suitable base, the provision
requiring four inches of two-inch rock may be modified or waived by
the Town Board or its designee. A field road is exempt from this provision.
E.
Clearance for emergency vehicles. An area at least 20 feet in width
and 14 feet in height shall be cleared along the entire driveway right-of-way
in order to permit the safe passage of emergency vehicles to the structures
served by the driveway. A field road is exempt from this requirement.
F.
Turnaround. For driveways greater than 150 feet in length, a turnaround
area located no more than 75 feet from the house should be provided.
The area shall be capable of turning around emergency vehicles and
shall be generally as shown in Exhibit C.[2]
[2]
Editor's Note: Exhibit C, Standards for Driveway Turnarounds, is attached to this chapter.
G.
Special circumstances. Where special circumstances exist from existing
conditions or proposed construction for new driveways, the Town Engineer
may impose additional requirements to ensure the best interests of
the Town in consideration of existing and future drainage, emergency
vehicle access, safety and general welfare of the residents of the
Town of Pacific.
A.
When washing or other conditions created by existing driveways or field roads that do not meet the specifications required in this section obstruct or become a potential hazard to a public road, the Town Board shall notify the property owner of the conditions. Corrective actions shall be established by the Town Engineer. Any property owner failing to correct such condition within 30 days after notice by the Town Board shall be subject to the penalties described in § 345-12 of this chapter.
B.
No field road may be used for nonagricultural purposes unless the
field road has been approved as a driveway under the purposes of this
article.
Mailboxes, paper boxes or similar repositories may be placed
in the public right-of-way, provided they meet the following conditions:
A.
Placement. Mailbox and newspaper tubes must be located on the side
of the road required by the United States Postal Service. No mail
or paper box shall be placed such that its front edge is closer than
36 inches to the pavement edge on a rural cross-section street or
such that it overhangs any part of the curb in an urban cross-section
street.
B.
Construction. No mail or paper box shall be erected on a post or
pipe made of any material other than a metal pipe or post with maximum
diameter of two inches or a wooden post with a maximum size of four
inches by six inches. Every effort shall be made to assure that such
post or pipe will give way in the event that it is struck by a vehicle.
No other object of any kind shall be attached to the mailbox, newspaper
tube or its supports. No other objects, including, but not limited
to, landscaping boulders or fences may be placed on the right-of-way.
C.
Damage. The Town of Pacific is not liable for damage to mailboxes
caused by snowplowing.
It shall be unlawful for any person to build a fence or any
item, or to throw, deposit or place any weeds, sod, brush, cans, glass,
gravel, stones, boulders, machinery, garbage, other waste or rubbish
or any item beyond the property lot stakes.
If any tree falls from adjacent land into any road right-of-way,
the owner or occupant of the land shall immediately remove the tree
from the road right-of-way. If the property owner following notice
from the Town does not remove the tree, the Town may remove any fallen
tree or trees therein and charge the cost thereof to the property
owner pursuant to § 66.0627, Wis. Stats. When it is necessary
for trees in a road right-of-way to be removed, the adjacent property
owner shall have a right of first refusal to have the wood. After
receiving notice that a tree is to be removed, the adjacent property
owner shall have 14 days to remove the tree.
