Town of Arbor Vitae, WI Article III Acceptance of Private Roads

[Adopted 5-9-1979 by Ord. No. 1-79]

§ 290-3 Purpose and intent.

A. The Town Board of Supervisors of the Town of Arbor Vitae, Vilas County, Wisconsin, do hereby find, determine and ordain: that in order to promote the public safety, general welfare and convenience, it is necessary that certain requirements be established and followed in the creation of new or improved public or private highways in the Town of Arbor Vitae; so that in the opinion of the Supervisors the public will not be materially affected by the action of the Town Board of Supervisors accepting said road.

B. It is not intended by this article to repeal, abrogate, annul or interfere with any existing highway rules, or regulations issued pursuant to laws in regard to public highways.

§ 290-4 Definitions.

In order to clarify this article, the following definitions apply:

GRADE

The rate of ascent or descent of a road.

HIGHWAY RIGHT-OF-WAY

Land or property to be acquired or used for highway purposes.

ROADBED

The graded portion of a highway prepared as the foundation for the pavement structure and shoulders.

ROADWAY

Construction area of road.

SURFACE COURSE

The traveled portion of the roadway.

§ 290-5 Application for proposed highway.

A. Individual home owners or owners of land abutting that part of a highway sought to be created or altered shall make an application, in writing, to the Board of Supervisors giving the location and description of the proposed highway. Said application may be delivered to any Supervisor or to the Town Clerk. Upon receipt of the application, the Supervisors will proceed to examine the proposed route of the highway. If approval is received, the individual or individuals may proceed to build the highway under the supervision of the Town Board or their engineering representative.

B. Development and/or proposed building of a private access road or driveway to any existing Town road must be approved and a permit obtained; thereby, promoting public safety through inspection by the Town Board of Supervisors.

C. Manner of obtaining permit for above:

(1) Submit map showing the following:

(a) Lot size.

(b) Location of proposed access or improvement.

(c) Location of adjacent driveways and intersecting roads.

(2) Supervisors inspection.

(3) Notification of acceptance or denial.

(4) Reason for denial.

(5) Final inspection.

§ 290-6 Construction standards.

The following are the standards set up by the Board of Supervisors for the construction of the proposed highway in compliance with good practice, general construction and safety.

A. Highway right-of-way.

(1) The minimum width for any highway right-of-way shall not be less than 66 feet.

(2) The minimum radius for a cul de sac shall be 60 feet.

(3) At all bend points in the road right-of-way where the tangent deflection angle is 45° or larger, the tangent shall be connected with a curve having a minimum length of 300 feet as measured along the center line. This shall not apply to road intersections.

B. Roadway.

(1) Clearing and grubbing of all trees, stumps and brush shall be extended five feet beyond the slope intercept of all cut and fill sections.

(2) No trees, stumps, brush, or large rocks shall be disposed of within the highway right-of-way.

(3) All disturbed areas outside the edge of the gravel shoulders shall be seeded and mulched to promote a growth of rooted grasses to reduce the possibility of erosion. Seeding shall be Seed Mixture #2 as specified in Section 630.2.1.3 of the State of Wisconsin Standard Specifications for Road and Bridge Construction. The sowing rate shall be two pounds per 1,000 square feet. Mulching material shall be either straw or hay which is substantially free of noxious weed seeds. The mulching material shall be placed to a loose depth of one inch to two inches.

C. Roadbed.

(1) All marsh, swamp, muck and peat material shall be removed from the area of the proposed roadway to ensure a stable foundation for the roadway fill.

(2) All excavated, organic materials shall be disposed of either by placing in six-inch maximum depth layers on the side slopes of all cut or fill sections, or by disposing off the highway right-of-way.

(3) The roadbed fill shall be free of large rocks, muck, peat, and other organic material.

(4) Fill material shall consist of sand or gravel and placed in six-inch lifts and compacted to prevent differential settlement.

(5) Drainage structures of proper size shall be installed to ensure proper drainage and to prevent the flooding of the roadbed or adjacent property.

(6) The maximum grade on the proposed Town road shall be 8%.

D. Surface course.

(1) Crushed aggregate for the base course shall be placed to a compacted depth of six inches and shall conform to the requirements of graduation #2 of Section 304 of the Standard Specifications for Road and Bridge Construction, State of Wisconsin, Edition of 1975. The crushed aggregate base course shall be placed to a minimum width of 28 feet. Culs de sac shall have a gravel base of forty-foot radius.

[Amended 6-7-2006]

(2) Bituminous pavement shall be placed to a compacted depth of 2 1/4 inches and shall conform to gradation #3 of Section 401.2.5 and also the requirements of Section 406 of the Standard Specifications for Road and Bridge Construction, State of Wisconsin, Edition of 1981 or 1989. The bituminous material shall be asphalt cement type AC with a penetration of 120-150. The minimum width shall be 20 feet. Culs de sac shall have a paved radius of 35 feet.

[Amended 7-14-1993; 6-7-2006]

(3) Bituminous pavement shall not be constructed between October 15th and May 15th without the prior approval of the Town Board or their engineering representative.

(4) The roadway shall conform to the attached typical cross section.[1]

[1] Editor's Note: The Typical Cross Section diagram is included as an attachment to this chapter.

E. Inspection. Each phase of the road construction (rough grading, gravel base, bituminous paving) must be approved by the Town board or the engineering representatives prior to the commencement of the next phase of construction.

§ 290-7 Inspection upon completion of roadway.

Upon completion of a roadway to be accepted into the Town roadway system, the Board of Supervisors shall make a final inspection of the highway. If, during the inspection, deficiencies are noted in the construction, such deficiencies must be corrected prior to the road being accepted by the township. When final acceptance is made, the owner or owners shall deed to the township the right-of-way necessary for future maintenance of the roadway, including any wider right-of-way areas needed for cut and/or fill sections.

§ 290-8 Accessibility of new parcels or condominium units.

Whenever two or more new parcels or condominium units are created which do not have direct vehicular access to an existing Town road or county or state highway, said parcels shall be provided access over a road which meets all of the specifications hereinbefore set forth, whether such new road is intended to be a public or private road.

§ 290-9 Approval required; costs for compliance with road specifications.

A. Where any land division, condominium project, mobile home park or travel trailer park is done which requires approval by the Vilas County Zoning, Planning and Pollution Control Committee, said land division, condominium project, mobile home park or travel trailer park shall also be required to be approved by the Arbor Vitae Town Board of Supervisors before any parcels, units, spaces or sites are sold or rented.

B. Should it become necessary for the Board of Supervisors to engage the services of an engineering firm to verify compliance with the road specifications hereinbefore set forth, the developer will be responsible for the cost of those services, and payment will be due prior to the Board of Supervisors giving approval to the new road and/or land division involved.

§ 290-10 Construal of provisions.

Where any section or part of this section of this article is amended, voided, or superseded thereby, the remaining sections not so specifically amended or voided or superseded shall remain in effect.

§ 290-11 Damage to Town roads during construction.

[Added 7-13-1994]

A. The Town of Arbor Vitae requires an application for a proposed Town road or private driveway construction prior to any excavation for said Town road or private driveway.

B. The Town Board is empowered by law to make the necessary arrangements for the improvements and maintenance of all Town roads.

C. The Town Board is desirous of preventing damage to Town roads by construction equipment either by construction crews or residents.

D. A fine for any damage to roads shall be initiated with this amendment to highway ordinance to be as follows.

E. Fines. Any damage to Town roads during construction shall constitute a fine of $500 in addition to $100 per day until road is restored to its original condition.