[HISTORY: Adopted by the Town Board of the
Town of Vernon 1-15-1998 by Ord. No. 49 (Ch. 8 of the Town Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 125.
Commercial and industrial development — See Ch. 144.
Land division and development control — See Ch. 200.
Licenses and permits — See Ch. 206.
Parks and recreation — See Ch. 239.
Vehicles and traffic — See Ch. 290.
[1]
Editor’s Note: The title of this chapter was changed
from "Highways and Public Lands" to "Roadways and Public Lands" 7-7-2016
by Ord. No. 2016-05.
[Amended 7-7-2016 by Ord.
No. 2016-05]
A.
Duties. The Department of Public Works shall be responsible for carrying
out the directives of the Town Board with respect to all roadways
and rights-of-way which are under the care and supervision of the
Town; for the care and maintenance of all public works, improvements
and facilities in the Town; and for proposing, investigating, evaluating
and recommending public works improvements in the Town.
B.
Employment. The Department shall be composed of personnel deemed
necessary by the Town Board and as negotiated by contract. The Town
Board shall make all decisions concerning employment and be responsible
for negotiating and administering employment terms except where dictated
by contract language.
A.
Prohibition. No person, partnership, corporation or association shall
erect, install, alter, relocate or modify any cables, wires, pole
attachments, poles, conduits or other facilities in the right-of-way
of Town of Vernon roadways or land owned by the Town of Vernon for
the purpose of facilitating the transmission of energy, fluids, gases,
or any other matter in whatever form without a permit to do so from
the Town of Vernon.
[Amended 7-7-2016 by Ord.
No. 2016-05]
B.
Exemptions. No permit shall be required for emergency
work, routine maintenance and repair work on existing facilities done
by public utilities, at the discretion of the Director of Public Works.
C.
Application for permit. Permits for the acts described in Subsection A may be obtained by making an application to the Town of Vernon on forms provided by, or which use has been approved by, the Town. The application shall be filed out with the Town of Vernon's Director of Public Works or his/her designee. Permits shall be issued by the Town Director of Public Works or his/her designee upon finding by said Director or designee that the proposed act shall not be harmful to the public health, safety and welfare. Any conditions accessory to the granting of the permit shall be in writing and made part of the permit.
D.
Bond or other security. The Town Director of Public Works shall require
security in any form, including bond, to be filed with the Town Clerk
securing the performance of the conditions of the permit and assuring
the Town that the permit holder shall restore the Town roadway or
public land to a condition satisfactory to said Director and shall
remedy any defects in the work and condition of the land which arise
within two years from the approval of the work by the Town.
[Amended 7-7-2016 by Ord.
No. 2016-05]
E.
Permit and inspection fees. A fee shall accompany the application for a permit. No additional fee shall be imposed for the first inspection of any act or installation performed pursuant to Subsection A of this section. In addition to the required fee paid with the application, the Director of Public Works shall be authorized to impose a fee for each subsequent inspection of the installation necessary to determine compliance by the applicant with the conditions of the permit and with the provisions of this chapter. The permit holder shall pay the inspection fee within 30 days of the date of billing of this fee to the Town. Fees will be set forth in a resolution adopted by the Town Board.
[Amended 3-16-2006 by Ord. No. 2006-05]
F.
Revocation of permit and removal of facilities. In
the event the Town Director of Public Works reasonably believes that
the conditions of the permit have been violated, said Director shall
inform the Town Board. The Town Board shall provide the permit holder
an opportunity to be heard regarding the alleged violation. In the
event the Town Board determines that the permit has been violated,
the Town Board may, together with other relief, revoke the permit
and may direct the removal of the permit holder's facilities located
on the premises covered by this section.
G.
Hold Town harmless. A permit holder shall hold harmless
and indemnify the Town of Vernon, its officers, agents and employees
from any liability and damages arising as a result of the issuance
and use of a permit herein.
[Amended 7-7-2016 by Ord.
No. 2016-05]
A.
Authority; prohibition. Pursuant to §§ 86.03 and 86.04,
Wis. Stats., from and after the enactment hereof, no person shall
plant trees, shrubs or stone formations or unsafe mailboxes within
the dedicated roadway right-of-way areas adjacent to the paved portion
of such roadway. This section shall not apply to the typical flared
end of culverts.
[Added 9-15-2016 by Ord.
No. 2016-11]
A.
Purpose and findings.
(1)
In the exercise of governmental functions the Town has priority
over all other uses of the public rights-of-way. The Town desires
to anticipate and minimize the number of obstructions and excavations
taking place therein and to regulate the placement of facilities in
the rights-of-way to ensure that the rights-of-way remain available
for public services and safe for public use. The taxpayers of the
Town bear the financial burden for the upkeep of the rights-of-way
and a primary cause for the early and excessive deterioration of its
rights-of-way is the frequent excavation by persons who locate facilities
therein.
(2)
The Town finds with increased use of the public rights-of-way
there are increased costs to the taxpayers of the Town and that these
costs are likely to continue into the foreseeable future.
(3)
The Town finds occupancy and excavation of its rights-of-way
causes costs to be borne by the Town and its taxpayers, including
but not limited to:
(a)
Administrative costs associated with public right-of-way projects,
such as registration, permitting, inspection and supervision, supplies
and materials.
(b)
Management costs associated with ongoing management activities
necessitated by public right-of-way users.
(c)
Repair or restoration costs to the roadway associated with the
actual excavation into the public right-of-way.
(d)
Degradation costs defined as depreciation caused to the roadway
in terms of decreased useful life, due to excavations into the public
rights-of-way.
(4)
In response to the foregoing facts, the Town hereby enacts this
section relating to administration of and permits to excavate, obstruct
and/or occupy the public rights-of-way which results in above grade
use of the right-of-way. This section imposes reasonable regulations
on the maintenance of obstructions above grade currently within its
rights-of-way or to be placed therein at some future time. It is intended
to complement the regulatory roles of state and federal agencies.
(5)
The purpose of this section is to provide the Town a legal framework
within which to regulate and manage the public rights-of-way, and
to provide for recovery of the costs incurred in doing so. This section
provides for the health, safety and welfare of the residents of the
Town as they use the right-of-way of the Town, as well as to ensure
the structural integrity of the public rights-of-way.
B.
Obstructions and excavation prohibited. No person shall encroach upon or obstruct or encumber any street, 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 they are the owner or occupant, except as provided in Subsection C.
C.
Exceptions. The prohibition of Subsection B shall not apply to the following:
(1)
Signs and clocks attached to buildings which project not more
than six feet from the face of such building and which do not extend
below any point 10 feet above the sidewalk.
(2)
Awnings which do not extend below any point seven feet above
the sidewalk.
(3)
Official signage, official traffic control devices, and utilities
owned or leased by the Town.
(4)
Goods, wares, merchandise or fixtures being loaded or unloaded
which do not extend more than three feet on a sidewalk, provided such
goods, wares, etc., do not remain thereon for more than three hours.
(5)
A use permitted by an outdoor establishment permit or auxiliary
use granted under the applicable zoning code.
(6)
Building materials for the period specifically authorized by
the Town Board which shall not obstruct more than 1/2 of the sidewalk
or more than 1/3 of the traveled portion of the street, and which
do not interfere with flow in the gutters.
(7)
Mailboxes for the collection of mail from the United States Postal Service are exempted from Subsection B if they comply with the Town's standard for mailbox dimensions and installation guidelines.
(8)
A legally placed above grade use in existence prior to September
15, 2016.
D.
Permit required. If an encroachment, obstruction, or excavation results
in the above grade use of the right-of-way, then an above grade right-of-way
permit from the Town is required prior to the encroachment, obstruction,
or excavation being established. This standard also applies to any
new encroachment, obstruction, or excavation added to either a previously
approved above grade use or one that was legally placed prior to September
15, 2016.
(1)
Application requirements.
(a)
An above grade right-of-way permit application shall be filed
with the Town Engineer.
(b)
The applicant shall pay the above grade right-of-way permit
fee. The above grade right-of-way permit fee shall be in the amount
as established by resolution of the Town Board, and may be amended
from time to time. In addition, a professional fee charge back agreement
shall be signed to ensure compliance with Town ordinance that professional
fees incurred by the Town to review said applications are not paid
by the taxpayer, but by the applicant seeking special review and benefit.
(c)
The applicant shall provide a detailed plan with structural
engineering, scale drawings, visual rendering, and survey showing
the exact location, size, appurtances and/or attachments of the equipment
or structure to be placed in the right-of-way, along with the exact
location of all streets, sidewalks, utilities, trees, and any other
obstructions in the vicinity of the proposed installation, and the
location of structures on abutting properties.
(d)
The applicant shall provide a detailed report describing potential
hazards to the public from said equipment, structure, and impacts
due to location on safety for the driving public, pedestrians, and
owners and users of adjacent property for such things as, but not
limited to, fall zone, fire, explosion, chemical, environmental impacts,
and vehicle crash impacts. Said report shall indicate the risk of
the safety hazard and the proposed design element to address said
safety hazard. The Town Engineer may require the applicant's
report to be provided by a structural engineer or other expert approved
by the Town Engineer, if the Town Engineer deems it to be necessary
to have such an expert opinion in light of the circumstances of the
application, for the protection of public health and safety, in which
case the applicant shall provide such an opinion at the applicant's
cost.
(e)
The plan must show how the installation and maintenance of said
above grade right-of-way use will not impact snow or grass removal
from the terrace, sidewalk or street, or conflict with the operation
or maintenance of vehicular travel and existing utilities above or
below ground.
(f)
An alternative analysis shall be provided to show what options
other than locating above grade in the right-of-way exists and the
approximate costs of such alternatives.
(2)
Application process.
(a)
The Town Engineer shall review said permit application and determine
if all application materials have been submitted within 15 days of
receipt of the initial application.
[1]
If application materials are not complete, the Town shall provide
written notice to the person on the application that said application
is incomplete. The applicant shall have up to 30 days from the date
of initial application to provide a complete application or the application
shall be deemed insufficient and denied. The Town shall have 60 days
to review and act on the permit from the date that the Town determines
the application is complete and all fees paid.
(b)
The Town Board shall hold a public hearing as reasonably soon
as possible after application materials have been deemed complete
by the Town Engineer and proper notification period for a Class 1
notice and notice to all properties within 200 feet of the proposed
installation.
(c)
The Town Board shall give consideration to the application,
the testimony received at the public hearing, staff and expert reports,
or other information as the Town Board determines appropriate. The
Town Board shall consider public safety, alternative options, and
the public good when considering an above grade right-of-way permit.
The Town Board may grant the permit, grant the permit with conditions,
or deny the permit.
E.
Right-of-way restoration.
(1)
The work to be done under the permit, and the repair and restoration
of the right-of-way as required herein, must be completed within the
dates specified in the permit to the satisfaction of the DPW Director
or his or her designee. In addition to repairing its own work, the
permittee must restore the general area of the work, and the surrounding
areas, including the paving and its foundations, to the same condition
that existed before the commencement of the work and must inspect
the area of the work and use reasonable care to maintain the same
condition for 36 months thereafter.
(2)
The permittee shall perform repairs and restorations according
to the standards and with the materials specified by the DPW Director
or his or her designee. The DPW Director or his or her designee shall
have the authority to prescribe the manner and extent of the restoration,
and may do so in written procedures of general application or on a
case-by-case basis. The DPW Director or his or her designee in exercising
this authority shall be guided by the following standards and considerations:
(a)
The number, size, depth and duration of the excavations, disruptions
or damage to the right-of-way.
(b)
The traffic volume carried by the right-of-way.
(c)
The character of the neighborhood surrounding the right-of-way;
the pre-excavation condition of the right-of-way.
(d)
The remaining life expectancy of the right-of-way affected by
the excavation.
(e)
Whether the relative cost of the method of restoration to the
permittee is in reasonable balance with the prevention of an accelerated
depreciation of the right-of-way that would otherwise result from
the excavation, disturbance or damage to the right-of-way.
(f)
The likelihood that the particular method of restoration would
be effective in slowing the depreciation of the right-of-way that
would otherwise take place.
(3)
Methods of restoration may include, but are not limited to,
patching, replacement of the right-of-way base, restoration of landscaping,
and milling and overlay of the entire area of the right-of-way affected
by the work. During this thirty-six-month period, it shall, upon notification
from the DPW Director or his or her designee, correct all restoration
work to the extent necessary using the method required by the DPW
Director or his or her designee. Said work shall be completed within
five calendar days of the receipt of the notice from the DPW Director
or his or her designee. If the permittee fails to restore the right-of-way
in the manner and to the condition required by the DPW Director or
his or her designee, or fails to satisfactorily and timely complete
all repairs required by the DPW Director or his or her designee, the
DPW Director or his or her designee, at his or her option, may do
such work. In that event, the permittee shall pay to the Town, within
30 days of billing, the cost of restoring the right-of-way.
F.
Bond. Prior to commencing the work, any permitee performing work
within the right-of-way shall post a financial guarantee in an amount
approved by the DPW Director or his or her designee and in a form
approved by the Town Attorney, provided that the limitations of § 66.0425(2),
Wis. Stats., shall apply as applicable. If, 36 months after completion
of the restoration of the right-of-way, the DPW Director or his or
her designee determines that the right-of-way has been properly restored,
the surety on the performance bond shall be released.
G.
Indemnification agreement. Before any person, entity, or utility
commences work pursuant to this section, such person, entity or utility
shall file an agreement with the Town Clerk to hold the Town harmless,
indemnify, and defend the Town from and against any and all injury
and damage of any kind caused or occurring as a result of such work.
The agreement shall be in a form approved by the Town Attorney, and
shall have continuing effect during the course of such work and for
all time that the obstruction or facilities or installation remain
within the right-of-way, and thereafter until such obstruction is
removed and the site is fully restored to the satisfaction of the
DPW Director or his or her designee.
H.
Reservation of rights. The Town retains all rights in Town right-of-way.
The grant of a right-of-way permit per this section does not constitute
a waiver of any Town rights and remedies regarding ongoing compliance
obligations toward such installations. All persons, entities and utilities
installing obstructions, encroachments or conducting excavation in
Town right-of-way shall remove or relocate the obstruction, encroachment
or excavation upon ten-day notice, except as otherwise provided by
law.
I.
Compensation. The Town may require payment of compensation, in an
amount determined by the Town Board, for the grant of any permit pursuant
to this section, provided that compensation for more than applicable
fees and cost recovery shall not be required of utilities that have
the right to use the right-of-way by § 182.017(1r), Wis.
Stats.
J.
Waiver of deadlines. Timeline deadlines in this process may be waived
by written mutual agreement of the applicant and the Town.
K.
Appeals. Any person who wishes to dispute actions taken by the Town pursuant to this § 180-3.1 may contact the Town Clerk and request to appear before the Town Board at an upcoming regular Town Board meeting and may, at that time, present the matter to the Town Board for resolution. Appeal from the decision of the Town Board shall be by writ of certiorari to the Waukesha County Circuit Court.
L.
Approval of a permit pursuant to this section does not waive the
requirement to comply with all other applicable laws and ordinances.
All applicable federal, state, Waukesha County, and Town of Vernon
codes, statutes, regulations, administrative rules, ordinances and
other laws must be followed.
A.
Definitions. As used in this section, the term "property
owner" shall mean each owner of record of land to which public road
access is established.
B.
Installation of culverts. A culvert shall be installed
at any point accessing a public road as determined necessary by the
Town Director of Public Works. The Director, in making his/her determination,
shall give consideration to factors and circumstances such as road
work, ditching, and other maintenance, improvements and repairs by
the Town or other governmental body or agent.[1]
C.
Replacement. A culvert which is collapsed, deteriorated
or of inadequate length or diameter, or in such condition that it
interferes with the maintenance or use of a public road or with a
culvert meeting the requirements and specifications of this section,
shall be replaced.
[Amended 3-16-2006 by Ord. No. 2006-05]
D.
The following bond and inspection fee requirements
apply:
[Amended 4-1-2004 by Ord. No. 2004-01]
(1)
Culvert ditch bond. All applications for a building
permit for a vacant parcel or a parcel upon which a driveway is to
be constructed shall include, in addition to the permit fee, a cash
deposit or bond of $400 to insure the proper restoration of the roadside
ditch. The cash deposit or bond shall be held by the Town for 18 months
from the date of the permit. At any time within such period, the person
who posted said cash deposit or bond may request a return of the financial
guarantee. When such request is made, the Director of Public Works
or his or her designee shall make an inspection of the ditch, and
if the ditch has been properly restored such financial guarantee shall
be returned to the person who posted the cash deposit or bond. If
any required work has not been properly restored in the sole opinion
of the Director of Public Works or his or her designee, the Town shall
be permitted but not obligated to complete the work. The cost of such
work shall be taken from the financial guarantee and the balance thereof,
if any, shall be returned to the person who posted the cash deposit
or bond. If such financial guarantee is insufficient, the owner shall
pay to the Town such additional amount upon submission of a statement.
[Amended 2-1-2007 by Ord. No. 2007-03]
(2)
Within 48 hours after the driveway is constructed
and the ditch restored, and no later than 18 months from the date
of the permit, the property owner or contractor shall notify the Director
of Public Works or his or her designee. The Director of Public Works
or his or her designee shall inspect the roadside ditch restoration
as soon as reasonably practicable and shall direct the property owner
or contractor to correct any conditions that the Director of Public
Works or his or her designee finds to be insufficiently restored.
No fee shall be imposed for the first or second inspection of the
restoration of the roadside ditch. A fee shall be imposed upon the
property owner for any subsequent inspection(s) that may be required
to determine the compliance by the applicant with the conditions of
the permit and the provisions of this chapter. The inspection fee
shall be established from time to time by separate resolution of the
Town Board. The property owner shall pay the inspection fee within
30 days of the date the fees are billed by the Town.
E.
Installation requirements. Any culvert installed pursuant
to this section shall be paid for and installed by the property owner.
F.
Property owner responsibilities. The property owner
is responsible for installing or replacing a culvert as required under
this section. In the event that a property owner does not install
or replace, or cause to be installed or replaced, a culvert as required
under this section, or whenever it is in the interest of the public
health, safety and general welfare, the Town may install or replace
the culvert, by contract or otherwise, and the property owner shall
pay the Town its costs and expenses of installation or replacement.
G.
Temporary culvert permits.
(1)
Restoration. No later than 30 days after the temporary
culvert is removed, the ditch area must be restored to its original
condition.
(2)
Expiration date. The temporary culvert permit expires
30 days after its issuance.
(3)
Safety access. The temporary culvert must be inspected
and approved by the Director of Public Works or an appointee before
installation.
H.
Permit requirement. A property owner responsible for
installing or replacing a culvert shall obtain a permit from the Director
of Public Works prior to the commencement of the installation or replacement
of a culvert. The owner may designate a contractor or other agent
to obtain a permit on his or her behalf. Where there are two or more
owners of record, any owner may obtain a permit, and only one permit
shall be required. The owner or designated representative shall pay
a permit fee to the Town at the time the permit is issued. If the
property owner chooses to designate a representative, that designee
is subject to the approval of the Town Board or Director of Public
Works.
(1)
Permit specifications. A permit shall identify the
property owner, the address of the subject property, the approximate
location of the culvert, the culvert size, the contractor or person
installing the culvert, and any other information deemed reasonably
necessary by the Director of Public Works to ensure compliance with
the provisions of this section.
(2)
Time requirements. Within 48 hours after the culvert
has been installed or replaced, the property owner or contractor shall
so notify the Director of Public Works. The Director of Public Works
shall inspect the culvert within two days after such notification,
or within such time as reasonably practicable, and shall direct the
property owner or contractor to correct any matter in violation of
the specifications contained in this section. No fee shall be imposed
for the first inspection of the culvert. A fee shall be imposed on
the contractor or person who installed or replaced the culvert for
any subsequent inspection.
I.
Extension of time to install culvert. The Vernon Town Board may, in writing, waive the requirement of this section that a culvert be installed at any particular location if the Town Board determines that the immediate installation of the culvert is not necessary for the promotion of the public health, safety and general welfare of the people of the Town of Vernon and for the safety and general welfare of the property of the Town of Vernon. In the event that the Town Board grants this waiver, the Board shall, as a part of the waiver, direct the person responsible for the installation of the culvert to install the culvert pursuant to this section and pursuant to the direction of the Town Board at such future time as stated in the written waiver or at such time as the Town Board directs. If the time of the installation is not stated in the written waiver, the Town Board shall notify the person responsible for the installation of the culvert, in writing, of the time of installation when determined by the Town Board. The person to whom the waiver is granted shall inform the purchaser of the premises of said obligation to install a culvert in the future. It shall be the obligation of the person granted the waiver and of a purchaser of the premises to comply with the provisions of Subsection H.
J.
Specifications of culverts.
(1)
Materials. Culverts shall be of corrugated metal construction
of sixteen-gauge galvanized metal, with metal end sections (apron
and walls) installed on both ends of the culvert. The minimum length
of the culvert shall be 20 feet. The minimum diameter of the culvert
shall be 15 inches. There shall be a minimum of six inches of compacted
crushed gravel on the top of the in-slope and the back-slope so as
to achieve a uniform and level gravel surface conforming to Gradation
No. 3 of Standard Specifications of the State of Wisconsin for Road
and Bridge Construction, latest edition. This is done with the expectation
that a maximum of 10% passing the No. 200 sieve will be permitted
by the Town. The quality of the above stone and gravel material shall
meet said State of Wisconsin specifications and/or 3/4 inch traffic
bond. If a sieve analysis test is required, the cost will be split
between the Town and the property owner.
(2)
Location. The location of the placement of the culvert,
in relationship to the traveled part of the roadway, shall allow for
a shoulder, between five to six feet in width, from the edge of the
traveled part of the roadway to the in-slope of the culvert ditch,
if physical circumstances allow for such placement of the culvert.
No part of the culvert, excluding end sections, may be placed closer
than five feet to the boundary or lot line of the premises on which
the culvert is installed.
(3)
Dimensions. Culvert dimensions shall be determined
by the Town Director of Public Works or an agent designated by the
Town Board. Culvert locations requiring a diameter of 18 inches and
over shall require installation of an arch culvert.
K.
Payment of culvert costs.
(1)
The cost of all materials and services involved in
the installation and/or maintenance of a culvert and driveway materials
that encase the culvert, pursuant to this section, shall be the obligation
of the property owner.
(2)
In the event a property owner cannot, at the time
of installation, pay the cost of installation in its entirety, the
Town may enter into a written agreement with the property owner imposing
the charges due the Town as a special assessment on the owner's property
serviced by the culvert, which agreement may provide for not more
than three annual payments by the property owner to the Town. No interest
shall be charged by the Town to the property owner on the unpaid balance,
except that any amount of delinquency shall bear interest at the rate
of 1% per month.
L.
Maintenance. The property owner shall keep the culvert
clean and in good repair.
M.
Issuance of building permit. No building permit for improvements to the property on which a culvert is required to be installed pursuant this section shall be issued by the Town of Vernon unless a culvert is first approved by the Department of Public Works Director or designee and is installed in accordance with the provisions of this section and the cost of installation is paid in full or payment arrangements are made with the Town pursuant to Subsection K(2).
N.
Resetting of culverts at preexisting access points.
(1)
When the Town of Vernon is conducting maintenance
or reconstruction of a right-of-way, the Town may reset or reinstall
an existing lawful culvert at Town expense.
(2)
When a property owner requests the resetting of culverts
at a preexisting access point, it will be done by the issuance of
a culvert permit under this section at the owner's expense.
O.
Notice of violation. In the event a violation of this section is discovered by the Town Board or its designated agent, the Town Board or its designated agent shall notify the owner of the premises involved, in writing, by mail, requiring a return receipt, or by personal delivery of the notice, as to the existence of the violation. The owner of the premises shall be allowed 20 days from the date of the notice to remedy the violation. If the violation is not remedied the property owner is subject to penalty as outlined in § 180-7 of this chapter.
P.
Deposit returned, forfeited.
[Added 3-19-2015 by Ord.
No. 2015-03]
(2)
The culvert permit applicant shall be solely responsible to request
return of the deposit required under this section when such applicant
believes that the area of culvert installation and stabilization has
been properly completed. The deposit shall only be returned to the
party that made the deposit unless proof satisfactory to the Town
Treasurer is provided that demonstrates that the deposit has been
assigned to the claimant.
(3)
Notwithstanding anything in this § 180-4 to the contrary, the deposit required under this section shall be forfeited in the following situations:
(a)
A culvert permit is issued under this chapter but no application
for return of the deposit is received by the Director of Public Works
or his or her designee within two years of the date of the issuance
of such culvert permit; or
(b)
A culvert permit is issued under this chapter and an inspection
is requested but the final conditions of approval are not satisfied
within two years of the date the first inspection is performed.
(4)
Any deposit amount forfeited under Subsection P(3) above shall be transferred by the Town Treasurer to the general fund for the Town. Thereafter, no person shall have any claim with regard to the deposit or any part thereof. No such forfeiture shall be construed to constitute a penalty under § 180-4 of this Code or to limit the Town's ability to pursue any remedy provided for under §§ 180-7 and/or 1-10 of this Code or applicable state or federal law in the event of a violation of this Chapter 180.
(5)
Time to pay excess costs. The Director of Public Works or his or
her designee shall give each property owner billed for payment of
any excess costs a period of time not to exceed 30 days to pay, and
thereafter, if that charge remains unpaid, the Town Clerk shall automatically
charge that delinquent bill against the current or next tax roll as
a delinquent tax against the property as provided by law. In the event
the statement rendered to the property owner or the time given for
the property owner to pay is too late in the current year for the
charge, when it becomes delinquent, to be extended on that year's
tax roll, then the delinquent charge shall be extended to the following
year's tax roll.
(6)
Appeal. Any person who wishes to dispute the amount of refund may
contact the Clerk and request to appear before the Town Board at an
upcoming regular Town Board meeting and may, at that time, present
the matter to the Town Board for resolution. Appeal from the decision
of the Town Board shall be by writ of certiorari to the County Circuit
Court.
[Amended 7-7-2016 by Ord.
No. 2016-05]
A.
Specifications for residential roadways. The minimum requirements
and processes for the construction and acceptance of Town roads in
the Town of Vernon are as follows:
(1)
Plan submission. The subdivider or owner desiring acceptance of a
Town road shall first submit plan and profile maps prepared by a competent
engineer or surveyor and obtain Town approval of the established grades
on all of the proposed roads prior to proceeding with any grading.
Culvert sizes and lengths shall be shown on the plan and profile maps
and subject to approval by the Town's Engineer.
(2)
Grading. All roads shall be graded from lot line to lot line according
to the typical section. In no event shall the in-slope (from ditch
line to road surface) be steeper than a slope of 3:1; if a deeper
ditch is required, then the ditch line shall be moved outwardly far
enough to maintain an in-slope of 3:1. In the event the ditch line
is extended outwardly further than normal, the back-slope shall be
extended beyond the adjacent property line if necessary. All Town
roads shall be a minimum of 66 feet in width.
(3)
Cul-de-sac dimensions. On dead-end roads a turnaround or cul-de-sac
of not less than 120 feet in diameter shall be provided with a paved
surface of not less than 90 feet in diameter. Standard-width gravel
shoulders shall be constructed completely around the paved turnaround
surface.
(4)
Subgrade. Topsoil, mucky soil, peat, and unstable material shall
be removed below the subgrade of roads and replaced with suitable
sound fill materials as required by designated Town agents.
(5)
Side-slope restoration. Side-slopes shall be covered with topsoil,
prepared, seeded or sodded, fertilized, watered and maintained for
a sufficient period to provide adequate grass cover, prior to acceptance
by the Town Board. Slopes steeper than 3:1 shall be sodded unless
otherwise specified by the Town Board.
(6)
Subgrade inspections. When subgrading operations are completed on
any road within the Town, and prior to placement of gravel, the designated
Town agents shall be notified seven days in advance to inspect the
site and determine the type of treatment required to maintain the
shoulders, ditches and slopes adjacent to said road.
(7)
End sections. Metal end sections shall be installed at each end of
all culvert and as directed by the designated Town agent.
(8)
Surface specifications. The roads shall be surfaced with five inches
of compacted crushed stone (one-and-one-half-inch TB). This stone
shall be granular material resulting from the artificial crushing
of rock so that all faces of each stone particle have resulted from
the crushing operation. The second application shall be five inches
of compacted crushed gravel conforming to Gradation No. 3 of the Standard
Specifications of the State of Wisconsin for Road and Bridge Construction,
latest edition, with the exception that a maximum of only 10% passing
the No. 200 sieve will be permitted by the Town. The quality of the
stone and gravel material shall meet said State of Wisconsin specifications.
The cost of all sieve analysis tests that are required by the Town
shall be paid by the owner. Hot bituminous surfacing shall be provided
in accordance with Section 407 of the Standard Specifications of the
State of Wisconsin for not more than one year but at least through
one winter. The first pavement application shall be 2 1/2 inches
of bituminous base course, Gradation No. 2 per state specifications.
Along each side of this pavement, a temporary shoulder shall be installed
immediately after the completion of the initial pavement application.
The surface width of the shoulder shall be four feet and sloped 1/4
inch per foot. Shoulder material shall consist of gravel conforming
to Gradation No. 3 as stated for the top five inches of gravel base.
A second application of one-and-one-half-inch bituminous surface course,
Gradation No. 3 per Standard Specifications of the State of Wisconsin
for Road and Bridge Construction shall be applied within one year
but not before the first application has laid through one winter.
A tack coat, MC-0 or RC-0 or asphalt emulsions as approved by the
Wisconsin Department of Natural Resources and as specified by the
Town, shall be applied at the rate of 0.20 gallon per square yard
before the bituminous surface course pavement is applied. The width
of the paved surface shall be 22 or 24 feet as required by the Town
in each instance. Major through streets shall be 24 feet wide. Immediately
after this bituminous pavement has been laid, each side of the pavement
shall be shouldered for a width of four feet with compacted crushed
gravel conforming to Gradation No. 3 as stated for the top five inches
of gravel base and as shown on the standard cross section.
(9)
Proof of payment. Before final acceptance of a Town road, the owner
must furnish sufficient proof to the Town Board, as the Town may require,
that all costs for road construction have been paid for by said owner.
(10)
Sign installation. All street signs shall be obtained and placed
by the Town. The material and installation costs of these signs shall
be paid by the owner.
(11)
Culvert markings. Culvert marker posts shall be required at the ends
of all culverts crossing public road surfaces. The posts shall be
marker posts prepared and installed as per the latest edition of the
Standard Specifications of the State of Wisconsin for Road and Bridge
Construction. These posts shall be furnished and installed by the
Town of Vernon at the property owner's expense and located as
directed by the Town Director of Public Works. Guardrails, if required
by the designated Town agents, shall be furnished and installed by
the owner at his/her expense.
B.
Road specifications for roadways located in manufacturing and business
districts. The minimum requirements for the construction and acceptance
of Town roadways in business and manufacturing zoning districts in
the Town are as follows:
(2)
Right-of-way width. Width of right-of-way shall be between 72 feet
and 80 feet.
(3)
Pavement width. Width of paved portion of roadway shall be between
24 feet and 26 feet.
(4)
Thickness of pavement. Bituminous base course shall be a minimum
of 2.5 inches. Bituminous surface course shall be a minimum of 2.5
inches. In any event, the total thickness of payment shall not be
less than five inches.
(5)
Base course. Base course shall be at a minimum of 12 inches in depth.
(6)
Shoulder width. Shoulders shall be at a minimum of six feet in width.
(7)
Cul-de-sac right-of-way specifications. There shall be a minimum
one-hundred-fifty-foot right-of-way for a forty-five-foot radius.
Culs-de-sac with a radius of 50 feet may be required to have a right-of-way
up to 160 feet.
(8)
Intersections. Intersections with five-by-fifty-foot tapers shall
have a forty-foot minimum radius.
C.
Review and approval. Town roadways are subject to review by the Town
Director of Public Works, Town Engineer, Town Plan Commission, and
Town Board of Supervisors prior to their acceptance by the Town. In
making such review and approval, the standards of the State Department
of Transportation and Waukesha County Highway Department regarding
design and construction requirements for intersections, passing lanes
and other requirements shall be considered, where applicable.
[Added 8-7-2003 by Ord. No. 2003-02]
Individuals and nonprofit organizations may
use Town facilities and/or grounds for private purposes (private use)
in full compliance with all of the following conditions:
A.
Private use is available only for nonprofit organizations and individuals. As to nonprofit organizations, the organization must be one that is duly created and existing in good standing in the State of Wisconsin and is an organization described in Section 501(c)(3) of the Internal Revenue Code and it is exempt from taxation under Section 501(a) of the Internal Revenue Code. In the case of nonprofit organizations, the person identified as the responsible party for purposes of Subsection C of this section must be a member of the governing body of the nonprofit organization.
[Amended 10-2-2003 by Ord. No. 2003-04]
B.
Private users must enter an approved private use agreement
with the Town and abide by all of the terms thereof. Among other requirements,
the private use agreement shall include indemnification of the Town,
and the Town Board may require that insurance be provided to protect
the Town.
C.
The responsible party who enters the private use agreement
must be a Town of Vernon resident, and the responsible party must
be present at all times throughout the private use, unless in the
case of an emergency. In case of an emergency, the Town Department
of Public Works Director, at his/her sole discretion, can authorize
another Town of Vernon resident to be the responsible party, provided
that such other resident accepts the responsibilities of the same
and agrees to be present at all times throughout the private use.
D.
Town facilities and grounds available for private
use are limited to the Town Hall, Town of Vernon Activity Center,
Town parks, park shelter and/or grounds within the park that must
be clearly described in the application.
E.
Town facilities for private use shall be available
on a first-come-first-served basis, with reservations for any calendar
year being first accepted at 8:30 a.m. on the first working day in
January.
F.
No commercial uses are permitted unless conducted
for the benefit of a nonprofit entity and the nonprofit entity is
the private user.
G.
Town functions will take priority. Private use of
the facilities and/or grounds shall not be to the exclusion of Town
uses. Town officials and employees may enter the premises at any time,
even during the private use, for any purpose.
H.
Reservations for private use of the Town facilities
and/or grounds shall be made with the Town Clerk by executing the
approved private use agreement and paying the fee and security deposit
in advance. The reservation shall not be confirmed until the private
use agreement is approved by the Town Clerk.
I.
The amount of the reservation fee and security deposit shall be set from time to time by separate resolution of the Town Board. In such resolution, the Town Board may establish different fee and deposit amounts for different portions of the facilities and/or grounds requested and for the following classes of private users: Town of Vernon residents and nonprofit organizations as stated in Subsection A. In such resolution, the Town Board may also establish the amount of a utility fee, as part of the reservation fee, to reimburse the Town for the approximate cost of utility charges that the Town may incur as a result of certain extensive or intensive private use activities, and may establish criteria as to when this utility fee would apply to the private use. The security deposit will be held to cover damage and improper care and necessary cleaning, if any. Any portion of the deposit that remains after all of the Town's costs to fully correct any such damage and cleaning are deducted shall be returned to the user as authorized by the Town Department of Public Works Director. The user shall reimburse the Town for any costs of repair or cleaning that exceed the amount of the deposit within 30 days of being invoiced by the Town.
[Amended 10-2-2003 by Ord. No. 2003-04]
J.
In the event the reservation is canceled prior to
the event (whether by being withdrawn or for lack of Town Clerk approval),
the security deposit shall be refunded. The reservation fee is nonrefundable.
K.
The Town shall not be responsible for anything left,
lost or stolen or for damages incurred on the premises.
[Amended 10-2-2003 by Ord. No. 2003-04]
L.
Private use of the Town facilities is subject to all
of the rules, regulations, resolutions and ordinances of the Town
of Vernon and upon strict compliance with the terms of the Town private
use agreement.
M.
The Clerk is authorized to refuse facility usage when,
based on past use, that experience or usage has been unfavorable as
determined by the Town Department of Public Works Director, Clerk
or Town Board.
N.
The private use shall not involve any activity requiring a license by Chapter 105, Adult-Oriented Establishments, of this Code.
O.
There shall be no alcohol associated with the private
use, unless specific approval for alcohol is granted by the Town Board
and all necessary licenses and permits have been issued, and further
provided that any conditions imposed upon the issuance of any such
license or permit or approval shall be followed.
P.
The private user shall reimburse the Town of Vernon
for any costs the Town of Vernon incurs related to the private use
activity, including but not limited to the costs that the Town of
Vernon may incur in providing police protection or security in excess
of the personnel ordinarily on duty during the time of use and the
cost of cleaning up or repairing the park facilities and/or grounds
following the private use activity.
