[HISTORY: Adopted by the Village Board of the Village of Browntown 12-20-2007 by Ord. No. 2007-11-20a. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter is adopted pursuant to the general police powers granted under § 61.34(1), Wis. Stats.
The purpose of this chapter is to promote public health, safety, and general welfare of the community and to enforce the goals and policies of the Browntown Village Board. This chapter applies to construction or modification of private driveways located in the Village of Browntown which provide access to buildings constructed or substantially modified after the effective date of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
DRIVEWAY
A private driveway.
A. 
No person shall construct, improve, or rework a driveway that changes the existing topography of the land without first obtaining a driveway permit from the Browntown Village Board. Resurfacing of a previously constructed driveway does not constitute a change in the existing topography of the land. Prior to consideration of the application by the Browntown Village Board, the applicant shall submit to the Village Clerk of Browntown an application and a driveway construction plan that shall accurately describe the location of the proposed driveway and the specifications required by § 131-5 of this chapter for the driveway's construction.
[Amended 7-19-2011]
B. 
Any proposed driveway construction or modification shall be accompanied by an erosion control plan presented to the Browntown Village Board prior to the issuance of a driveway permit. An erosion control plan shall include the driveway owner's intentions and timetable to reseed, mulch, ditch, place culvert(s), and carry out other erosion control measures, all of which shall be completed within 90 days after beginning driveway construction or modification. If an engineer's plan of the driveway is prepared according to the requirements of § 131-6 of this chapter, an erosion control plan shall specify only those measures that are not mentioned or required in the engineer's plan.
C. 
Driveway permits will be valid for one year from date of issue. Reapplication for a permit will be required for any improvements not completed during the permit period.
D. 
No building permit for new residential construction will be issued until the driveway is constructed according to the specifications of this chapter.
E. 
The cost of the driveway permit shall be $500, payable to the Village of Browntown, along with the application for the driveway permit. Upon completion of the project, $425 will be returned to the applicant if no damages have occurred to Village property and the driveway was constructed according to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
An engineer's plan showing adequate erosion control measures is required for any segment of the proposed driveway that disturbs land with a grade of more than 25%, unless waived by the Browntown Village Board.
B. 
The driveway shall be constructed with a minimum roadway of 14 feet in width. New driveways will be required to have a twenty-four-foot tube with end flares for a single-residence driveway and a thirty-foot tube with end flares for a shared driveway.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Each driveway shall have a culvert at the ditch line where the driveway meets the public road, unless waived by the Browntown Village Board. The culvert shall be at least 14 inches in diameter and the length to be determined by the Browntown Village Board.
D. 
A driveway which is at least 24 feet in length shall have a maximum 5% grade a point where the driveway enters onto a public road. A slight dip across the driveway shall be placed just before the culvert at the entrance to the public road to prevent debris from washing onto the public road.
E. 
Ditches, roadway crownings, and culverts that provide acceptable drainage are required. The Village Public Works must be allowed to supervise and give final approval of the driveway.
F. 
The driveway's side banks shall be graded to a slope of no more than one foot of vertical rise in each three feet of horizontal distance, except where retaining wall and/or other erosion control measures are installed as specified in an engineer's plan approve by the Browntown Village Board.
G. 
Curves in the driveway shall have an inside radius of not less than 36 feet.
H. 
The maximum grade of the entire driveway or any given segment of the driveway shall not exceed 13%.
I. 
The side banks shall be seeded promptly to control erosion.
J. 
Once the construction of the driveway has begun, all specified erosion control measures, including retaining wall, ditching, culverts, crowning, and mulching and matting, shall be completed within 90 days.
K. 
The driveway must have at least six inches of two-inch rock on the roadbed and be covered with two inches of three-fourths-inch gravel unless the Browntown Village Board considers otherwise.
L. 
All costs of the construction of the driveway, including the cost of the culverts and engineer's plan, if required, shall be paid by the property owner requesting the driveway permit.
M. 
Joint driveways will not be permitted without prior review and specified approval by the Browntown Village Board of the joint driveway agreement establishing the proposed joint driveway and the manner of its construction, maintenance, use and the term of agreement.
A. 
The Browntown Village Board may require the applicant to obtain a plan prepared by a professional engineer licensed by the State of Wisconsin prior to the construction or modification of any proposed driveway. An engineer's plan is required:
(1) 
For a driveway or segment of a driveway whose construction requires the disturbance of land with a slope of 25% or greater, unless waived by the Browntown Village Board;
(2) 
For a driveway or segment of a driveway whose construction requires a retaining wall or other special erosion control measures as determined by the Browntown Village Board or its authorized representative; or
(3) 
When the Browntown Village Board requests a plan for reasonable cause.
B. 
The engineer's plan will include the following:
(1) 
The precise location of the driveway or segment(s) of the driveway which require an engineer's plan.
(2) 
A grade of the driveway showing no segments exceeding 13%.
(3) 
Location and structure of any retaining walls.
(4) 
Location and size of any culverts.
(5) 
Cross section of the driveway.
(6) 
Mulching, matting or other erosion control measures.
C. 
When an engineer's plan is required, no construction of a driveway may commence until the engineer's plan is approved by the Browntown Village Board and a driveway permit issued and, when applicable, any necessary approvals are obtained from Green County or the State of Wisconsin per § 86.07, Wis. Stats.
A. 
Should a driveway be constructed or modified in a way which violates the provisions of this chapter, the owner(s) of the land through which the driveway passed shall pay a fine equal to three times the fee charged for the permit application, whether or not that fee has been paid. The owner(s) of the land shall also make the corrections indicated by the Browntown Village Board within a reasonable period of time determined by the Browntown Village Board.
B. 
If the owner(s) of the land through which the driveway passes does (do) not make the required corrections within the time specified, the Browntown Village Board shall determine the cost of correcting violations of this chapter's provisions, including, when necessary, the return of disturbed land to its original condition. The cost shall be paid to the Village by the owner(s) of the property through which the driveway passes, as provided in Wisconsin Statutes § 66.0627.