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Town of Koshkonong, WI
Jefferson County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[Adopted as Title 6, Ch. 2, of the 1996 Code]
[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.
A. 
No Town highway shall be laid out through or upon any cemetery without the consent of those having the control of the cemetery.
B. 
No Town highway shall be laid through or upon any structure, yard or enclosure used for educational or charitable purposes.
C. 
No Supervisor shall act in laying out, altering, widening or discontinuing any highway in which he/she may be personally interested.
A. 
On application made pursuant to § 478-1 above, the Town Board shall prepare a notice fixing therein a time and place at which they will meet and decide upon the application.
B. 
The notice shall specify as near as practicable the highway proposed to be laid out, widened, altered or discontinued and the tracts of land through which the highway passes.
C. 
If the application is for discontinuance, the notice shall specify the tracts of land abutting on the highway which will be benefited or injured by such discontinuance.
D. 
When the description in the aggregate exceeds 200 words in length, the notice may state that such descriptions are contained in the application as provided in § 82.10(1), Wis. Stats., and shall give the name and address of the Town Clerk to whom the application has been delivered.
A. 
Applicants shall at least 10 days prior to date of hearing give notice by registered mail to all occupants and owners of record of lands through which the highway may pass.
B. 
Applicants shall give notice to the Wisconsin Department of Natural Resources by registered mail.
C. 
Applicants shall give notice to the Board of Soil and Water Conservation District by registered mail.
D. 
Applicants shall publish the notice as a Class 3 notice under Ch. 985 of the Wisconsin Statutes.
[Amended 3-13-2019 by Ord. No. 1]
E. 
Failure of applicants to comply with this section will invalidate the entire proceeding.
[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.
A. 
When the Town Board lays out, alters, widens or discontinues any highway, it shall make and sign an order therefor, incorporating therein a description of the highway and cause survey thereof to be made when necessary.
[Amended 3-13-2019 by Ord. No. 1]
B. 
The order and award of damage shall be filed and recorded in the office of the Town Clerk within 10 days after the date fixed by the notice or adjournment for deciding upon the application.
C. 
If the Town Board fails to file the order and award within 10 days, they shall be deemed to have decided against the application.
[Amended 3-13-2019 by Ord. No. 1]
D. 
A certified copy of the order shall be transmitted by the Town Clerk to the Jefferson County Highway Commissioner.
[1]
Editor's Note: Section 478-7, Damages, was repealed 3-13-2019 by Ord. No. 1.
A. 
Appeal from highway order shall be pursuant to § 82.12(1), Wis. Stats.
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.