[Amended 3-13-2019 by Ord. No. 1]
An application under this chapter to lay out and construct a new Town highway, other than as part of to a new subdivision or plat, may be filed by six or more resident freeholders of the Town. Said application must in writing and it may be delivered to the Town Clerk. The application shall contain a complete description and a survey map of the property in question. New streets and roads in subdivisions and plats shall be constructed pursuant to Chapter
490, Subdivision of Land, and this chapter where it is not in conflict with Chapter
490.
[Amended 3-13-2019 by Ord. No. 1]
A. The Town Board or designee shall meet at the time and place stated in the notice pursuant to §
478-3A.
B. The Town Board or designee is to be satisfied that all notices as
required by this chapter and the laws of the State of Wisconsin have
been complied with.
C. The Town Board or designee shall personally examine the highway which
is the subject of the application and shall hear any reason that may
be offered for or against laying out, widening or altering the highway.
D. The Town Board or designee shall, after complying with Subsections
A,
B and
C above, decide upon the application and shall grant or refuse the same as they deem best for the public good.
E. The Town Board or designee may adjourn said hearing from time to
time, not exceeding in all 30 days from the time of the first meeting,
giving public notice of the time and place of such adjournment and
by filing forthwith of such adjournment in the office of the Town
Clerk.
All expenses involved in the preparation, construction and dedication
involved in highway construction under this chapter shall be borne
by the applicant(s).
Prior to the design, preparation and construction of any roadway
to be dedicated to the Town of Koshkonong, the applicant shall notify
the Town Chairperson or Town Clerk. An on-site meeting will then be
arranged to be attended by the Town Board, the Town Engineer and the
applicant. Plans must be provided in order for the Town Engineer to
check the design and the drainage.
At the option of the Town Board, the applicant(s) shall prepare
the highway (grade, ditch, and gravel, etc.) one year and surface
it the next year in order to further compact the roadbed. If so, the
applicant(s) shall provide a bond or irrevocable letter of credit
which would enable the Town to finish the road, in case of default
by the applicant(s). The performance bond, irrevocable letter of credit,
or cash escrow agreement shall be equal to 1 1/4 times the Town
Engineer's estimated cost of the required improvements. If the
required improvements are not complete within the eighteen-month period,
all amounts held under the escrow agreement or performance bond shall
be turned over and delivered to the Town and applied to the cost of
the required improvements. Any balance remaining after such improvements
have been made shall be returned to the owner or subdivider. The Town
Board, at its option, may extend the bond period for any additional
period not to exceed one year; however, the initial bond shall be
required to run one year beyond the initial date of acceptance of
improvements.
The road construction specifications for plats prescribed in Chapter
490, Subdivision of Land, shall be applicable for both new roads ordered constructed under this chapter and for roads required as a condition of new plat approval.
Upon completion of the proposed highway, the Town Engineer will
proceed to make final inspection, accepting or rejecting road as the
case may be. After all of the provisions of this chapter have been
complied with, the roadway or easement will be inspected by the Town
officials and, at that time, proof will be made by the presenting
of waivers of liens or receipted bills that all work that has been
done has been paid for or arrangements have been made for the payment
through written instrument by the subdivider. If the road is rejected,
corrections shall be made as recommended by Town Board, upon the Town
Engineer's recommendation, before final inspection can then be
made again. If final acceptance is then made, the owner or owners
shall turn over to the Town the deed of all land necessary for the
road as previously mentioned.