[Adopted 2-11-2013 by Ord. No. 4-2013]
The purpose of this article is to set forth general regulations applicable to Town rights-of-way and easements. This section is in addition to any other applicable state or local law and any other provision of this Code. This section is not intended to create any new rights, but instead to create additional enforcement mechanisms for the Town to protect the public interest in Town rights-of-way and easements.
No person shall erect or install any structure, sign, fence, lighting, wall, or pavement or perform or arrange for any construction within or upon a Town right-of-way or easement without first obtaining a written permit from the Town Roads Committee Chairman or from the Town Road Superintendent if authority to issue such permit has been delegated to the Superintendent by the Town Roads Committee Chairman. This section shall not apply to a mailbox, box installed for the delivery of newspapers, a public utility encroachment duly authorized by state law or the Town Board, or to an excavation or opening permitted under § 298-7.
No person may alter or change the depth or contour of any portion of any ditch or embankment in a right-of-way without first obtaining a written permit from the Town Roads Committee Chairman or from the Town Road Superintendent if authority to issue such permit has been delegated to the Superintendent by the Towns Roads Committee Chairman.
The fee for a permit per the fee schedule on file at the Town Clerk's office shall be paid to the Town Treasurer, who shall issue his or her receipt therefor. The fee shall be paid at the time of application.
No person shall encroach upon or in any way obstruct any Town right-of-way or easement, or permit such encroachment or obstruction to be placed or remain on any right-of-way or easement adjoining the premises of which the person is the owner or occupant, including but not limited to planting, causing or allowing to grow, or maintaining any trees, shrubs, bushes, plantings or vegetation of any kind.
No person shall allow, permit or cause the accumulation of any materials in or upon a Town right-of-way, easement, roadway or road ditch which in any manner obstructs the flow of water or causes diversion of water from the ditch.
Any structure, sign, fence, lighting, wall, or pavement erected or installed in a Town right-of-way or easement without a permit, and any other encroachment or obstruction of a Town right-of-way or easement, shall be removed by the owner or occupant of the adjoining property within 15 days of receiving written notice from the Town directing its removal. If the owner or occupant does not remove the unpermitted item, encroachment or obstruction within the allotted time, the Town shall remove the item, encroachment or obstruction or make arrangements to have it removed, and the expense of removal shall be assessed to the adjacent property as a special charge pursuant to § 66.0627, Wis. Stats.
Mailboxes shall be installed in accordance with United States Postal Service regulations but as far from the Town roadway pavement as those regulations allow.
Any person who fails to comply with the provisions of this article shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture shall be imprisoned in the Sheboygan County Jail until such forfeiture and costs are paid, but not to exceed 30 days. Each day a violation continues to exist shall constitute a separate offense.