[HISTORY: Adopted by the Town Board of the Town of Brookfield.
Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(1)
Profiles. The subdivider or owner desiring acceptance of a Town highway
shall first submit profiles and obtain approval from the Highway Department
and Town Engineer of the established grades on all of the proposed
highways before proceeding with any grading operations.
(2)
Culverts and driveways.
(a)
All land adjacent to any public street shall have access to the public
street by a driveway which shall be constructed with suitable drainage
pipe located in the drainage ditch or drainage area adjacent to such
public street where the driveway crosses the drainage. The location
of such driveway, design, and size and type of the drainage pipe to
be provided shall be approved by the Highway Superintendent and Town
Engineer as to Town roads, the County Road Superintendent as to county
highways and the proper state agency as to state highways. Written
proof shall be provided to the Building Inspector that the driveway
and drainage pipe to be installed have been approved by the appropriate
official stated above. No work shall be done on the premises for which
a building permit is issued until a culvert has been installed and
approved as provided in this subsection.
(b)
The cost for the installation of a culvert pipe for a new driveway
shall be the expense of the property owner and shall be installed
in accordance with the Town of Brookfield Specifications.
(c)
When
any drainage pipe to a Town, county or state highway within the Town
under any private driveway is in need of replacement or repair, written
notice thereof shall be given to the property owner by the Highway
Department and such notice shall indicate that the Highway Department
shall replace the drainpipe or repair the same as directed by the
notice. The total cost of such replacement or repair shall be paid
by Utility District No. 1.
(d)
Driveway
standards.
1.
Driveways
shall meet the following minimum standards throughout its length so
as to allow for ingress and egress of emergency vehicles:
2.
Driveway
openings.
a.
Residential driveways shall have a maximum width of 22 feet at the
right-of-way line and a maximum width of 26 feet at the curb line
or edge of pavement, unless otherwise approved by the Highway Superintendent.
b.
Nonresidential undivided driveways shall not exceed 30 feet at the
street right-of-way and 36 feet at the curbline (or edge of pavement).
Divided driveways may be permitted with the recommendation of the
Highway Superintendent and approved by the Plan Commission, where
appropriate on a case-by-case basis.
3.
Driveway
spacing. Driveways shall be a minimum of three feet from all lot lines
unless approved by the Highway Superintendent or where properties
are so narrow as to require a shared driveway between adjacent properties.
4.
All
driveway entrances and approaches shall be constructed in a manner
that shall not interfere with roadway drainage ,including side slopes,
roadside areas, and existing structures within the right-of-way.
5.
Concrete
driveways shall not extend beyond the edge of pavement of the street.
6.
No
driveway apron shall be constructed in a manner that may interfere
with snowplowing.
(3)
Right-of-way width. The right-of-way of all service roads or frontage
roads may be reduced by the Town Board to 60 feet. The minimum right-of-way
width of all Town roads shall be 60 feet and the right-of-way width
of all Town roads classified as collector or arterial shall be 66
feet.
(4)
Surface. All Town highways shall be graded and surfaced in accordance
with the Town of Brookfield specifications.
(5)
Culs-de-sac. On dead-end roads, a turnaround or cul-de-sac of not
less than 120 feet in diameter shall be provided.
(6)
Slopes, ditches and shoulders. All slopes, ditches and shoulders
shall be placed in accordance with the Town of Brookfield specifications
and as the Highway Superintendent and the Town Engineer shall direct
prior to acceptance.
(7)
Bond. A bond shall be required from the developers in an amount to
be determined by the Town Board to guarantee that the developer pay
all costs and expenses for the maintenance of such road, gutters,
side slopes and shoulders thereof for a period of one year from the
date of the acceptance of such Town road by the Town Board, or such
period as the Town Board may determine owing to special circumstances.
[Amended 12-7-2021 by Ord. No. 2021-004]
All concrete sidewalks, curb, and gutter shall be constructed
and installed in accordance with the Town of Brookfield specifications
on file in the office of the Town Clerk.
(1)
All storm sewers shall be constructed and installed in accordance
with the Town of Brookfield specifications on file in the office of
the Town Clerk.
[Amended 12-7-2021 by Ord. No. 2021-004]
(2)
Approved plans required. No storm sewer or drainage ditching shall
be installed on private property within the Town by the owner thereof
or any person having an interest in such property until the plans
and specifications for the installation have been reviewed and approved
by the Highway Department and Town Engineer and approved by the Town
Board. The property owner or other person making such installation
shall reimburse the Town for its costs and expenses for inspection
of such storm sewer or drainage ditching by the Town Engineer. Payment
thereof shall be made to the Town Clerk within 30 days from the date
of billing and if such payment is not made within the time provided
the total charge may be placed on the tax roll as a special assessment
against the property involved to be collected with interest thereon
in the same manner as real estate taxes on such property are collected.
[Amended 12-7-2021 by Ord. No. 2021-004]
(3)
Owner shall grant easement. The owner of the property upon which
the storm sewer or drainage ditching is constructed shall, upon demand
of the Town, grant an easement to the Town for the area where the
storm sewer or drainage ditching is located at the request of the
Highway Department. The Town Engineer thereof shall determine the
legal description and the area and width of such easement.
[Amended 12-7-2021 by Ord. No. 2021-004]
(4)
Conveyance to Town. After the installation of the storm sewer or
drainage ditching has been approved by the Town Engineer, the owner
of the property where such storm sewer or drainage ditching is located
shall, upon demand of the Town, convey to the Town all right, title
and interest of the owner in such storm sewer or drainage ditching
at no cost to the Town. Until such conveyance of the storm sewer or
drainage ditching is made by the owner to the Town, the owner shall
be completely responsible for the maintenance and upkeep of such storm
sewer or drainage ditching. The owner of the real estate shall pay
all costs and expenses incident to the installation and construction
of such storm sewer or drainage ditching on the property.
(1)
Permit. No person shall excavate or open any public street or highway
within the Town, or cause the same to be done, without first obtaining
a permit therefor from the Town.
[Amended 12-7-2021 by Ord. No. 2021-004]
(2)
Fees. The fee for such application, as listed in the Schedule of
Fees and Forfeitures, shall be deposited by the applicant with the
Town Clerk at the time the application for such permit is made.
[Amended 12-7-2021 by Ord. No. 2021-004]
(3)
Form of application. Every application for a permit shall describe
the streets or highways upon which the proposed openings or excavations
are to be made and shall locate the proposed openings or excavations
on such streets or highways. The application shall further show the
length, width, and depth of the proposed openings or excavations in
the public streets or highways and shall state the purpose for which
such openings or excavations are made. An application shall also give
the following information and other such information as may be required:
(a)
The name of the applicant.
(b)
The address of the applicant.
(c)
The estimated date of commencement of work.
(d)
Signature of applicant or authorized representative agreeing to conform
to all the provision, rules and regulations of the Town pertaining
to the work or purpose for which the permit is requested.
(4)
Town work excluded. The provisions of this section shall not apply
to excavation work under the direction of the Town employees or contractors
performing work under contract with the Town necessitating openings
or excavations in streets or other public ways, which openings or
excavations shall be regulated by contract between the Town and contractor.
(5)
Emergency excavation authorized. In the event of an emergency any
person controlling any sewer, water main, conduit or other utility
in or under any street and their agents or employees may take immediate
proper emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining a permit as
provided herein, provided that such person shall apply for a permit
required under this section no later than the end of the next succeeding
business day and shall not make any permanent surface repairs without
first obtaining a permit pursuant to the provisions herein.
[Amended 12-7-2021 by Ord. No. 2021-004]
(6)
Conditions of permit. Any permit issued by the Town under this section
is subject to the following terms and conditions:
(a)
Trenchless installation. All excavations in the paved portion of
any street or highway in the Town shall be done by trenchless methods
so that the paved portion of any street or highway will not be disturbed.
For purposes of this provision, a paved street or highway shall include
concrete pavement, bituminous surfacing and any other street or highway
upon which permanent surfacing exists. If the Highway Department determines
that any unusual condition exists which would make it impracticable
to excavate by trenchless methods at any location upon any public
street or highway within the Town, the Highway Department may waive
the requirement for trenchless installation at such location. All
excavated material shall be placed off of traveled way or where it
will cause a minimal inconvenience to the public.
[Amended 12-7-2021 by Ord. No. 2021-004]
(b)
Maintenance of streets after completion. Any person obtaining a permit
as herein provided shall be required to maintain and repair that portion
of any public highway or street in the Town whereon such excavation
or opening is made for a period of one-year from the date that excavation
or opening is closed, except that such time may be extended by the
Town Board if the excavation or opening has not become stabilized
within the period of one-year from the date of the opening, and shall
keep and maintain the highway or public street whereon the opening
is made in the same condition as the remainder of the highway or public
street whereon such opening is made. If such repairs are not made
as herein provided, the Town Board shall order the same made by the
person obtaining a permit upon five days' written notice. If such
repairs are not made as herein provided, the Town Board shall cause
the repairs to be made and charge the expense thereof to the person
obtaining the permit.
(c)
Protection of the public. Every person opening any public street
or highway within the Town will barricade the same in accordance with
the applicable portion of the current "Wisconsin Manual of Traffic
Control Devices." All reasonable and necessary precautions shall be
taken to protect the public from accident or damage to persons or
property from the beginning to the end of the work. The person obtaining
the permit will be held responsible for all damages that may result
from their negligence in opening the public street or highway and
in performing the work incidental thereto, including any claims for
damages resulting from their or its negligence in failing to maintain
the disturbed portion of the public street or highway for a period
of one-year from the date the opening is closed, except that such
time may be extended by the Town Board if the excavation or opening
has not become stabilized within one-year from the date of the opening
to the satisfaction of the Town Board. The person obtaining the permit
shall also be liable to the Town for its cost and expenses in defending
any action brought against it for damages and costs of any appeal
resulting therefrom, including any claim for damage that may result
to the Town by reason of failure to keep the public street or highway
in repair as herein provided. The person obtaining the permit shall
not be liable or otherwise responsible for indemnifying, protecting
or holding the Town harmless from and against its own acts or omissions
and the consequence thereof.
[Amended 12-7-2021 by Ord. No. 2021-004]
(d)
Before a permit is granted, the applicant shall execute to the Town
and deliver to the Town Clerk at the time the application is filed,
a bond of undertaking in the sum the Town Board determines, with surety
to be approved by the Town Board, conditioned that he or she will
perform faithfully all work with due care and skill in accordance
with the terms and conditions of this section, will faithfully perform
and abide by all the terms and conditions of this section and hold
the Town harmless from liability for all damages, costs, expenses
and claims of any nature or kind arising out of unskillfulness or
negligence in connection with causing the excavation or opening to
be made in any public highway or street in the Town in accordance
with the permit granted by the Board. Such bond or undertaking shall
remain in force and effect until released by the Board. No bond of
undertaking shall be required from any municipal or public utility.
[Amended 12-7-2021 by Ord. No. 2021-004]
(1)
Whenever the Town Board determines that any public work or improvement
or any current service shall be financed in whole or in part by special
assessments, the provisions of § 66.0703, Wis. Stats., shall
apply, except the Town Board may adopt and publish a final resolution
during or after the completion of the work, service or improvement.
Such resolution shall contain a statement of the final cost of the
work, service, or improvement. Such resolution shall also specify
the amount of assessments, when such assessments will be levied, number
of annual installments, if any, in which the assessments may be paid,
rate of interest to be charged on the unpaid balance and terms on
which any of the assessments may be deferred while no use of the improvement
is made in connection with the property.
(2)
The Town Board shall levy assessments at a uniform rate for any single
class of property with such rate to be applied either on the full
frontage of the property along the abutting public street except for
corner lots, in which case the lot will be assessed by adding the
two sides and dividing by two. For a parcel of undeveloped land at
a corner which has area for more than one lot, a corner lot assessment
will be computed for a theoretical lot at the corner which complies
with the zoning of the land and the remainder of the frontage will
be assessed the full amount.
(3)
The Town Board may choose to assess on a uniform basis other than
a front foot basis for parcels around culs-de-sac, curved streets,
or other irregular circumstances.
(4)
When utilities or improvements include transmission lines that pass
along lots containing a residence serviced by a safe private well
and such service was not requested by that property owner, any assessment
to the property would be deferred without interest until that property
owner chose to connect to the system.
[Amended 12-7-2021 by Ord. No. 2021-004]
The owner, occupant or person in charge of each dwelling or
building, occupied or unoccupied, or lot in the Town fronting upon
or adjoining any street shall, when required by the Town Board, install
and construct a sidewalk in conformance with the Town's specifications.
The owner, occupant or person in charge of each dwelling or building,
occupied or unoccupied, or lot frontage containing a sidewalk shall
keep the sidewalk clean and free from all dirt, rubbish, encumbrance
or obstruction, including snow and ice. If the dirt, rubbish, encumbrance
or snow and ice are not removed, the Town Board, Chief of Police or
Building Inspector shall cause the same to be cleaned or removed and
cost of such removal placed upon the tax bill as a special assessment.
[Amended 3-6-2001]
(1)
Depositing snow in public right-of-way prohibited. No person shall
remove or cause to be removed any snow or ice from a premises owned
or occupied by that person or from any residence, parking lot, parking
area, filling station, business property or other property owned or
occupied by said person by placing said snow onto the traveled portion
of any public right-of-way, including paths and walkways. Snow or
ice removed from said public rights-of-way shall not be stored in
any manner that will obstruct or limit vehicular or pedestrian vision,
movement or access, or in any way make said rights-of-way unsafe.
(2)
Depositing snow or ice in public right-of-way declared a nuisance.
No person shall deposit any snow or ice upon the traveled portion
of any sidewalk, alley, road, or street of the Town of Brookfield
contrary to the provisions of this chapter. The depositing of snow
or ice upon said Town right-of-way is hereby declared a nuisance.
The Town of Brookfield Police Department shall be empowered to issue
citations for this violation.
(3)
Penalty. Penalties for violations within a calendar year shall be
as listed in the Schedule of Fees and Forfeitures.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(a)
In addition to the penalties provided for the violation of this section,
the Town of Brookfield may summarily remove any snow or ice so deposited
and cause the cost of said removal to be charged to the owner of the
property from which the said snow or ice has been removed and upon
failure to pay the same said may be charged as a special assessment
upon the tax bill to the owner of the property from which the snow
or ice removal was necessitated.
(4)
Sidewalks to be kept clean.
(a)
Snow to be removed within 24 hours. The owner and occupant of any
lot or parcel in the Town abutting upon a public sidewalk shall, within
24 hours after the cessation of any storm during which snow has fallen,
remove or cause to be removed from the portion of such sidewalk abutting
his or her property all snow and ice which accumulated thereon. When
ice is formed on the sidewalk so that it cannot be removed, it shall
be kept sprinkled with salt, sand or other deicing material.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b)
Notice given - failure to remove. If any such owner and occupant
fails to remove or cause to be removed such accumulated snow and ice
within the twenty-four-hour period, the Town of Brookfield Police
Department shall give written notice to said owner or occupant to
remedy the situation which shall be served personally or posted at
the premise. Said notice shall specifically state that the period
within which the action must be taken is 24 hours from the time of
notice.
(c)
Special assessment - failure to comply. If the owner and occupant
refuses or neglects to follow the order of the Town, the Town may
remedy the situation and shall report the full cost thereof to the
Town Clerk who shall thereupon bill such cost against the property
owner and, if not paid, shall charge (plus interest at 1 1/2%
per month) the owner by special assessment to the property.
(5)
Fire hydrant to remain unobstructed. No person shall interfere with
the accessibility to a fire hydrant by piling or dumping materials
(including snow or ice) near it without first obtaining permission
from the Fire Chief. The material piled or dumped near the hydrant
includes snow and ice removed from private property. Every day during
which such interference continues constitutes a separate offense.
Except as otherwise provided, any person who shall violate any of the provisions of this chapter, upon conviction thereof, shall be subject to a penalty as provided in § 25.04 of this Code.
