[HISTORY: Adopted by the Town Board of the Town of Brooklyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-28-2008 by Ord. No. 2008-05]
In this article, the following words and phrases shall have the designated meaning, unless a different meaning is expressly provided or the context clearly indicates a different meaning:
BOARD
The Town Board of the Town of Brooklyn.
CERTIFIED SURVEY MAP
A map of land division, not a subdivision, prepared in accordance with § 236.34, Wis. Stats., and in full compliance with the applicable provision of this article. A certified survey map has the same legal force and effect as a subdivision map.
CLERK
The Town of Brooklyn Clerk.
DEVELOPER
A person or entity which undertakes proposing and/or constructing modifications to real estate and/or improvements to real estate, including buildings or infrastructure.
LAND(S)
Any real estate or interest in real estate.
LOT
A land area of 35 acres or less.
PARCEL
Contiguous lands under the control of a subdivider or subdivides not separated by streets, highways or railroad rights-of-way.
PLAN
A map or sketch of a proposed road prepared in conformity to the requirements of Chs. 80 to 86, Wis. Stats.
PLAN COMMISSION
The Town of Brooklyn Plan Commission.
PRIVATE ROAD
A street or road owned by the owner or owners of adjacent lands and not open to public travel.
PUBLIC WAY
Any public road, street, highway, walkway, drainageway or part thereof.
STREET, ROAD, HIGHWAY
A public way for pedestrian and vehicular traffic, whether designated as a street, highway, road, land, way, avenue, or however otherwise designated.
A. 
ARTERIAL STREETS AND HIGHWAYSStreets that provide rapid movement of concentrated volumes of traffic over relatively long distances. They provide principally for movement of persons and goods between high activity areas.
(1) 
PRINCIPAL ARTERIALSStreets serving the major interstate corridors and corridors which connect major cities and regions. These routes provide the highest level of mobility and form a continuous system with constant operating conditions under a high degree of access control.
(2) 
PRIMARY ARTERIALSStreets serving long trips between important cities and the major intracommunity corridors within the metropolitan area. These routes provide for a high degree of mobility under a high degree of access control.
(3) 
STANDARD ARTERIALSStreets which more commonly provide for intermediate length trips, thus serving through traffic movement in trade areas or feeding traffic to the primary and principal arterials from lower activity areas not served by such routes.
B. 
COLLECTOR STREETSStreets that provide moderate speed movement of persons and goods within large areas. They are basically local streets that usually, because of more directness of routing and higher capacity than other local streets, receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
(1) 
CONNECTOR STREETSStreets that perform a semi-arterial function as well as serving as distribution and land access streets.
(2) 
DISTRIBUTOR STREETSStreets that perform the function of gathering and distributing traffic from and to the local streets and adjacent lands.
C. 
LOCAL STREETSStreets that are designed for low speeds and volumes and are to provide access from low-generation land activities to the collector and arterial systems.
D. 
MARGINAL ACCESS STREETSStreets which are parallel and adjacent to arterial streets and highway and which provide access to abutting properties and protection from through traffic.
E. 
ALLEY STREETSStreets which provide secondary means of access for vehicular services to the back or side of property otherwise abutting a street.
F. 
CUL-DE-SAC STREETSStreets closed at one end with turnarounds.
G. 
DEAD-END STREETSStreets closed at one end without turnarounds.
SUBDIVISION
A division of a parcel of land where the act of division creates either:
A. 
Five or more lots, parcels or building sites of 35 acres each or less in area; or
B. 
Five or more lots, parcels or building sites of 35 acres each or less in area by successive divisions within a period of five years.
TOWN
The Town of Brooklyn, Green Lake County, Wisconsin.
TOWN ENGINEER
A firm or individual designated by the Town Board to advise the Town Board on a particular project; if the Town Board does not designate an engineer, the term shall be defined to mean the Town Board.
No person, firm, corporation, partnership or legal entity of any kind shall construct, establish or maintain any street, highway or road, nor shall such be laid out or improvements made to land without compliance with all requirements of this article and with all of the following:
A. 
The rules of the Wisconsin Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the developer abuts on a state or county trunk highway, respectively, or a connecting street, including but not limited to minimum width regulations.
B. 
All applicable Town comprehensive plans, as adopted under § 66.1001, Wis. Stats., zoning ordinances, official maps, and any other ordinances and regulations. If there is any conflict with any other Town ordinances, this article shall prevail.
A. 
Every person or party proposing to construct a road or street shall submit a written application for approval of the same to the Town. No separate application shall be required if the road or street is proposed as part of a proposed plat or certified survey map, but the roads and streets in plats or certified survey maps shall conform to the requirements of Chapter 195, Subdivision of Land, of this Code and this article.
B. 
The application shall be accompanied by a scale map prepared by a surveyor, which shows the location and design of the proposed road or street. The application shall also specify the proposed name of the road or street, the parties responsible for construction of the road or street, and the anticipated schedule of construction of the road.
C. 
Before any proposed road or street is approved, the applicant shall enter into a development agreement with the Town wherein the applicant agrees to construct the road or street within 18 months of the date that the application is approved. All required improvements in the plat should be completed prior to occupancy of any structure served by the road. The Town Board may allow phased construction of streets or roads.
D. 
The Town Board shall review the proposed street or road, the plans therefor, the proposed security for the improvements and the development agreement. The Town may require the applicant to provide additional information necessary, in the judgment of the Town, to properly review the application.
E. 
The Town Board may approve, reject or modify the application and shall give the applicant due notice of its action.
A. 
At the time the development agreement is executed, the developer shall file a bond, certificate of deposit, irrevocable letter of credit or certified check, in such form as is acceptable to the Board and approved by the Town Attorney, with the Town in an amount equal to 125% of the estimated cost of the required improvements as determined by the Town Engineer. Such deposit shall guarantee that the developer or its contractors will complete such improvements according to Town specifications not later than 18 months from the date that the application is approved or, where staging is permitted, that each stage will be completed by the date specified in the installation and completion schedule. Such security shall be held by the Town and either released or used in the manner specified in this article. The provision of security by the applicant shall not release the applicant from its obligations under the development agreement nor prejudice the right of the Town to recover the full cost of completion of the improvements if the applicant fails to complete the same.
B. 
Where a road is being constructed by the State of Wisconsin, Green Lake County and a city, village or town of Green Lake County, that unit of government may, in lieu of the bond or security provisions of this article, file a resolution duly adopted by such governmental unit agreeing to comply with the provisions of this section.
The applicant may elect, with the approval of the Town Board, to install the improvements in phases, provided that:
A. 
The phases are specified in the development agreement for the road or street.
B. 
Improvements constructed during the first and each subsequent stage of construction shall not be accepted nor shall any occupancy permits be issued within the completed area of the subdivision or development until the security required for the next stage of construction has been posted with the Town.
C. 
The applicant shall record deed restrictions reviewed by the Town (or its designated representative) which specify that the lots included in future construction phases shall not be conveyed, transferred or sold unless the Town's approval is obtained.
D. 
Erosion control plans and measures submitted and approved shall address the erosion problems posed by the construction of the project in phases.
A. 
All or any part of a street, an arterial street, drainageway or other public way which has been approved by the Town shall be dedicated to the public by the applicant in the locations and dimensions indicated on the plat or certified survey map approved by the Town. The Town hereby finds that dedication of the land underlying streets or roads is a reasonable and necessary condition for the Town's agreement, by accepting said road or street, to maintain the same for the welfare of the public.
B. 
Every developer shall, as a condition of the Town's acceptance of a road, warrant the road to be in suitable condition, good repair and free of defects, excluding ordinary wear, for a period of one year from the date it is accepted for dedication. The security provided by the developer pursuant to § 187-4 of this article shall remain in effect until the expiration of the warranty period, at which time the Town Board would authorize the release of the letter of credit, certificate of deposit or other security.
A. 
The street layout shall conform to the arrangement, width, and location indicated on any official map, land use plan or component neighborhood development plan of the Town. In areas for which plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, and to the most advantageous development of adjoining areas.
(1) 
Arterial streets shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of major streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they connect.
(2) 
Collector streets shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the major street and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches, shopping centers and other concentrations of population, and to the major streets into which they feed.
(3) 
Local streets shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property.
(4) 
Proposed streets shall extend to the boundary lines of the tract being subdivided unless prevented by topography or other physical conditions or unless, in the opinion of the Town Board, such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts. Temporary turnarounds shall be required where the street ends at the boundary of the subdivision. The road right-of-way shall continue to the adjacent lands and connect to roads constructed on such lands if approved by the Town Board.
(5) 
Arterial and highway protection. Whenever the proposed subdivision contains or is adjacent to a major highway, adequate protection of residential properties, limitation of access and separation of through and local traffic shall be provided by reversed frontage, with screen plantings contained in a non-access reservation along the rear property line, or by the use of frontage streets.
(6) 
Reserve strips. Controlling access to roads or highways are prohibited except where control of such strips is placed with the Town under conditions approved by the Town Board.
(7) 
Private roads. Private roads are drives or streets that are used to serve residences or structures but are not dedicated to the Town. As a condition of approving the construction of any development served by private roads, the Town shall require that the developer of the private road grant a perpetual easement allowing access to the private road by all emergency services, Town or county code administrators or other public agencies engaged in the delivery of public services. Private roads may be gated, provided that access for public services is provided. The Town shall have no responsibility to maintain, plow, improve or service private roads.
A. 
Street names and building numbers on streets, roads or highways shall be assigned in accordance with the provisions of the Green Lake County ordinances.
B. 
In the case of private roads, the Town shall assign names to the private roads. The street signs for such private roads shall contain the words "Private Road" on the street name sign below the name of the road. The Town shall also assign Town street numbers to the residences and structures located on private roads, and report the numbers issued to the Green Lake County Zoning Department.
C. 
The following designations shall be used only in the situations indicated:
(1) 
Lane - a street, one block long, not ending in a cul-de-sac.
(2) 
Circle - a cul-de-sac of nine lots or more.
(3) 
Court - a cul-de-sac of eight lots or less.
A. 
Ordinary right-of-way. The ordinary right-of-way for all proposed streets and roads shall be 66 feet. If no width is specified in an order, document or deed creating a road, the width shall be 66 feet.
B. 
Lesser width. The Town Board may approve creation of public roads with not less than 49.5 feet of dedicated right-of-way where the Town Board determines that a narrower right-of-way is in the best interests of the Town. The Town may require the developer to grant the Town the option to require dedication of the additional road right-of-way at any point in the future if the Town later determines a need for the full right-of-way.
C. 
Clearance. Ordinarily, the entire right-of-way of a road should be cleared. The Town Board may waive this requirement to maintain existing trees or vegetation.
D. 
Cul-de-sac streets. All cul-de-sac streets shall conform to the following standards:
(1) 
Ordinary maximum. Streets designed to have one end permanently closed shall not exceed 1,000 feet in length. A longer street length may be permitted by the Town Board if the Town Board determines that a longer cul-de-sac will result in more efficient use of land or is otherwise in the public interest. If the Town Board authorizes a cul-de-sac street to be longer than 1,000 feet, the Town shall require that there be a bypass section of the road near its midpoint which allows emergency vehicles to pass one another safely.
(2) 
Except where the Town Board grants a waiver due to unique conditions of the land, streets which are designed to have one end permanently closed shall terminate in a circular turnaround having a minimum right-of-way diameter of 150 feet and a minimum paved diameter of 100 feet. The reverse curve on a cul-de-sac street shall have a 100-foot minimum radius when the bulb is centered on the street and 100-foot minimum radius when the bulb is offset.
(3) 
In areas zoned industrial or other commercial zones, all cul-de-sac streets that are designed to have one end permanently closed shall terminate in a circular turnaround having a minimum right-of-way of 175 feet and a minimum paved diameter of 120 feet.
(4) 
The land surrounding the cul-de-sac street bulb end shall be divided into a minimum of four lots. The land surrounding the bulb shall be defined as the land which fronts on the curved portion of the bulb to and including a line drawn perpendicular from the point where the curve of the bulb begins.
E. 
Street grades and radii of curvature. Unless necessitated by exceptional topography and subject to the approval of the Town, the street grades and radii of curvature shall conform to the design standard in the Department of Transportation rules, Ch. Trans 204 et al. In the event of a conflict between the county and Town standards, the Town shall determine which standard shall be applied, on the basis of which standard is best suited to the estimated traffic load of the proposed road.
F. 
Ditches shall be constructed whenever the Town Board does not require storm sewers.
(1) 
Roadside ditches shall not exceed 10% grade nor have less than a 1% grade. The maximum ditch capacity for a five-year intensity storm shall be not more than the values tabulated as follows:
Ditch
Grade
(%)
Quantity
(cfs)1
1
2.34
2
3.78
3
4.14
4
4.86
5
5.22
6
5.76
7
6.30
8
6.84
9
7.20
10
7.74
(2) 
Ditches shall be restored with four inches topsoil, fertilizing, seeding and mulching in accordance with the current Standard Specifications for Road and Bridge Construction, State of Wisconsin Department of Transportation.
__________ 1Quantity (cubic feet per second).
(3) 
Where ditches are required, streets shall be constructed as indicated in Figure 1.[1] All roads in the Town of Brooklyn shall be constructed according to the specifications stated in this section.
[1]
Editor's Note: Figure 1 is on file in the Town Clerk's office.
G. 
Construction.
(1) 
All roads shall have a bituminous paved surface.
(2) 
The paved surface shall be at least 22 feet wide with three-foot-wide aggregate shoulders and roadside ditches a minimum of two feet in depth. The road shall have a gravel base at least 10 inches in depth. The pavement shall be laid in a binder course of asphalt, which is at least 2 1/2 inches in thickness.
(3) 
The final layer of pavement of a street serving residential property shall be at least 1 1/2 inches thick with TAC coat to the road base. In a commercial zone, the final layer of pavement shall be two inches thick. The final layer of pavement shall be applied the earlier of the following: (a) within 30 days of the date that 70% of the lots served by the road have been sold; or (b) two years after the binder course has been laid. A lot shall be deemed to have "occupancy" when a structure on the lot may lawfully be sold and inhabited, regardless of whether or not that lot is sold or construction is commenced. Prior to laying of the TAC coat on surface course, the developer shall cause any cracks or other defects in the binder base to be filled and/or patched.
(4) 
All areas which are disturbed in the course of construction shall be fertilized, seeded and mulched. The Town may require sodding of surfaces which have a slope of more than 2:1 or are otherwise susceptible to erosion.
(5) 
The work for road construction shall be inspected by the Town as described in this paragraph. The Town shall inspect the road when subgrade is prepared; after the aggregate base course is installed but before the binder course is laid; after the binder course has been laid; before top course is laid, and after completion of the entire road. The road's developer shall reimburse the Town for all fees incurred by the Town to perform these inspections.
(6) 
Upon approval by the Town of the completed road, the developer shall dedicate, by appropriate deed, a 66-foot side strip of real estate whose central line is the newly constructed road.
H. 
Private roads. Although private roads are not to be accepted for dedication, in order to assure the safety and welfare of the public the Town requires that private roads meet the requirements of this article, except that the ordinary width of private roads shall be 49.5 feet. Private roads may have gated access. If a private road is to be modified, expanded or enlarged, any existing residences served by the private road or roads shall continue to have comparable access through the revised private road or roads.
The developer shall be responsible for the initial cost of the street/road signs for new roads. The Town will order and install the signs after construction of the roads. The developer will be billed for the cost and installation. The developer will also be responsible for payment of any signing fees imposed on the Town by the county or other authority. Payment will be required prior to issuing any building permits.
A. 
Where in the judgment of the Town Board it would be inappropriate to apply the provisions of this article to a proposed street or road because inconvenience or practical difficulties resulting from the characteristics of the land or the nature of the proposed development would result, the Town Board may waive or modify any requirement of this article, but only to the extent a waiver is found to be just and proper.
B. 
The Town Board shall grant such relief only where it will not be detrimental to the public good, impair the intent and purpose of this article, or impair the desirable general development of the community in accordance with the land use plan. Any applicant who requests a waiver of a provision of this article shall make a written application for a waiver and file the application with the Town Clerk.
C. 
A proposed plat or certified survey map which contains proposed roads that deviate from the standards in this article constitutes a written application for a waiver.
D. 
The Town Board shall hold a public hearing on the application not less than 10 days nor more than 45 days after the date on which the request is filed. The Town Clerk shall mail a notice of the hearing to all adjacent landowners and to the county highway department.
E. 
The waiver application (other than a plat or certified survey map) shall state the basis for the application and the specific hardship which is claimed to exist. Any waiver, exception or variance, which is granted pursuant to this section, shall be made in writing, shall state the reasons which justified it, and shall be filed with the Town Clerk.
A. 
Plans and construction specifications. Prior to commencing construction of any required improvement, the applicant shall prepare construction plans and specifications and submit them to the Town Engineer or designee for review and approval. The Town Engineer may require the submission of the following plans and accompanying construction specifications before authorizing construction or installation of the improvements:
(1) 
Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements.
(2) 
Stormwater and surface water drainage plans.
(3) 
Such additional plans or information as may be required by the Town Engineer.
(4) 
Plans and specification for all utilities and underground facilities.
B. 
Private contracts. The developer shall engage one general contractor whose qualifications have been approved by the Board for each major phase of construction (grading, utilities, streets) or one general contractor for a contract which includes more than one phase of construction.
C. 
Scheduling. The Town Engineer shall approve all scheduling of the contemplated improvements. Construction may not be commenced on any phase of construction until all approvals and conditional requirements are satisfied and a copy of the private contract has been filed with and approved by the Board. Construction shall not proceed until all State of Wisconsin approvals are granted.
D. 
Street grading.
(1) 
The developer shall furnish standard drawings which indicate the existing and proposed grades of streets shown on the plan, and after review of design engineering work on the streets by the Town Engineer and approval of street grades by the Board, the applicant shall grade or cause to be graded the full width of the right-of-way of the streets proposed to be dedicated, including the vision clearance triangle on corner lots. In those cases where existing street right-of-way is made a part of the applicant's plan or abuts the area included in the plan, the developer shall grade or cause to be graded that portion of the right-of-way between the existing pavement and the property line. The bed for the roadways in the street right-of-way shall be graded to subgrade elevation. The Town Engineer shall inspect the proposed street before grading and approve all grading within right-of-way. The street grading shall extend for a sufficient distance beyond the right-of-way to insure that the established grade will be preserved. The grading of rights-of-way for principal and primary arterials shall only be required where necessary to provide access to the streets or lots in the plan. Lots which abut principal and primary arterials shall be graded to proposed street grade or to a grade approved by the Town Engineer prior to the sale of affected properties.
(2) 
The developer shall engage a licensed professional engineer to set subbase grade in accordance with approved center-line grade and cross section and to set grades necessary to comply with other grading requirements, including vision clearance on corner lots, center line and lot line grades for green ways, terrace grading for abutting streets and other required grades. The grading program shall consist of the following elements:
(a) 
The stripping and removal of all topsoil, debris and vegetation within the street right-of-way.
(b) 
Grading of full street right-of-way to a tolerance of zero to 0.2 feet below proposed center line grade. Fill sections shall be constructed of approved materials, which do not include topsoil, debris, vegetation, etc.
(c) 
Grading beyond right-of-way to insure that the established grade will be preserved.
(d) 
Grading of vision clearance triangle on corner lots (maximum embankment of three feet above curb elevation within a triangle formed by two intersection street line or their projections and a line joining points on such street lines located 25 feet from the street intersection).
(e) 
Where the public green way is included in the project the developer is responsible for an acceptable continuous drainageway in the green way as determined by the Town Engineer.
(f) 
All additional grading, where applicable, of lots abutting green ways, terraces of streets abutting plat, public easements for sanitary sewer and sidewalk, and other requirements of ordinances and special conditions of plat approval. There shall be a plan for disposal of any surplus soil or earth.
(g) 
Where a natural drainageway exists which has acceptable hydraulic capacities, including alignment and grade as determined by the Town Engineer, construction will not be required and the existing natural growth shall be preserved. When such natural growth is not preserved by action of the developer or its agent, the developer shall be responsible for repairing the disturbed areas by sodding. However, in certain locations, as determined by the Town Engineer, where the hydraulic capacities including alignment and grade are not acceptable, then such alignment, grade and slopes shall be improved by the applicant to the interim minimum requirements of a ten-foot-wide ditch bottom with four-to-one side slopes, all to be seeded.
(3) 
The applicant shall install permanent pipes or culverts at a grade designated by the Town Engineer under all streets crossing a green way or drainageway. Said installation shall be in accordance with the Standard Specifications for Road and Bridge Construction of the Department of Transportation of the State of Wisconsin. All costs of the installation shall be the responsibility of the developer. The permanent pipe or culvert shall not be installed prior to the installation of a street crossing a green way unless done pursuant to written agreement between the Engineer and the developer. Culverts required across intersections for temporary street drainage, shall be furnished and installed by the developer at his expense. All temporary culverts installed by the developer shall be completely removed when the streets are constructed to standards and the area restored to as near to original condition as possible, as determined by the Town Engineer.
(4) 
All ditching and culvert installation shall be done in strict accordance with grades approved by the Engineer. The developer's engineer shall be responsible for setting all required grades in the field for construction purposes.
E. 
Street construction. After completion of the underground utilities and approval thereof, the streets shall be constructed.
F. 
Change orders. When extra work not specified in the contract is required to complete the project, the Town will notify the developer or his/her engineering representative. No extra work shall proceed until the developer or his/her representative has entered into a written agreement for the additional work.
G. 
Erosion control. The applicant shall take all steps necessary to prevent the erosion, siltation, sedimentation, washing and blowing of dirt and debris caused by grading, excavations, open cuts, side slopes and other activities by the applicant or his/her contractors. Reasonable methods of control shall include, but not be limited to, seeding and mulching, sodding, berm construction, pond construction, and watering. In such cases where the method of control has failed, the developer shall clean up the materials which have been displaced prior to construction of additional improvements. Plans for erosion control shall be submitted to the Town Engineer for review and approval before any land surface disturbances are made. The Engineer's decision may be appealed to the Board.
H. 
Floodplain/shoreland. All provisions of Green Lake County ordinances relating to floodplain and shoreland zoning are incorporated herein and adopted by reference.
I. 
Inspection. Prior to commencing any work within the subdivision, the applicant shall make arrangements with the Town Engineer to provide for adequate inspection. The Town Engineer shall inspect and approve all completed work prior to acceptance of the road or any release of the securities deposited pursuant to this article.
A. 
After the developer has installed all required improvements, he or she shall notify the Town Engineer in writing that the work is complete and ready for final inspection. The Town Engineer shall inspect the improvements and forward a letter to the applicant indicating approval or disapproval. When the Town Engineer has approved the improvements, the Clerk will prepare a final billing for engineering, inspection and legal fees and submit it to the developer for payment. In addition, the developer and all general contractors shall file lien waivers or affidavits, in a form acceptable to the Town and approved by the Town Attorney, evidencing that there are no claims, actions or demands for damages based upon contract or tort arising out of or in any way related to the project and that no monies are owed to any surveyor, mechanic, sub-contractor, material man or laborer.
B. 
Resolution. When the engineering, inspection and legal fees have been paid and when the necessary lien waivers and affidavits have been filed, a resolution accepting the project will be prepared and presented to the Town Board.
C. 
Security release. The security furnished pursuant to § 187-4 shall remain in full force for a period of one year after the completion of the project and acceptance by the Board unless partially released as hereinafter provided. The security shall be held to guarantee the work performed pursuant to private contracts against defects in workmanship and materials. If any defect appears during the period of the guarantee, the applicant or his or her contractor shall, at his or her expense, install replacements or perform acceptable repairs. In the event that the applicant fails to install the replacement or perform the repairs, the Town may do so and deduct the cost thereof from the security deposit. Unless defects have appeared and have not been repaired, the Town shall release the security to the applicant upon expiration of the one-year guarantee period.
D. 
Engineering, inspection and attorneys' fees.
(1) 
The developer shall pay all engineering, inspection, consulting and legal fees incurred by the Town for services performed by or on behalf of the Town in conjunction with the design, inspection and review of any application for approval of a road, with the drafting of legal documents, and with such inspections as the Town Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the Town or any other governmental authority. Consulting, engineering, inspection and legal fees shall be the actual costs to the Town on the basis of submitted invoices plus twice the actual payroll costs for time spent by any employees of the Town. Such fees may be billed monthly or upon completion of the project, as determined by the Board.
(2) 
To guarantee payment of the engineering, inspection and attorneys' fees, the applicant shall deposit the sum of $1,000 plus $100 for each lot or parcel served by the road with the Town Clerk at the time that the application for approval is first filed. If such fees are paid timely, the deposit will be refunded at the time that the road is accepted by the Town. In the event that the applicant fails to pay such fees within 14 days of the time when the Town submits its bill therefor, the Town may deduct the amount of such fees from the security deposit.
A. 
No residential lot served by the road may be occupied until the binder course provided for in this article has been installed and approved by the Town. The Town shall not issue any building permit for any structure served by the road until the road binder course has been completed and approved.
B. 
No person may deposit, place or leave any materials or plant vegetation on a Town road, within the right-of-way of the road, or in the ditches of a Town road, which materials obstruct the use of the road, render the surface slippery or hazardous, or which may damage persons or property. This prohibition shall include, but not be limited to, glass, garbage, gravel, stones, machinery, cans or other material, but shall not include salt, sand, calcium chloride or other materials used in maintenance of Town roads.
C. 
No person may plant, maintain or permit vegetation or plants on any private premises adjacent to a highway which obstruct the view of the operator of a motor vehicle approaching an intersection, or which obscure or conceal any traffic sign on a Town road. Every person shall endeavor to reasonably trim, cut and otherwise prevent vegetation or plants from obstructing visibility at intersections or of signs.
D. 
No person may build or reconstruct a fence or any other structure within the 33 feet of right-of-way of a Town road, measured from the center line of said road. Any fence which existed prior to the construction of the road may be maintained, but may not be replaced.
E. 
No person may cultivate crop or otherwise work any land located within the right-of-way of a Town road, including the planting of trees.
F. 
No person may, by operation of a motor vehicle, spillage of chemicals, operation of machinery or other action, damage a Town road.
G. 
Any person, firm or corporation who fails to comply with the provisions of this article shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000 plus all applicable assessments and the costs of prosecution of each violation. Each day a violation exists or continues shall constitute a separate offense.
H. 
Every violation of this article is declared to be a public nuisance. In addition to the penalties provided in this article, the Town may abate such a nuisance. The Town shall give written notice to the landowner or person who is in violation of the article, giving the person a reasonable time to correct the violation. In the event the violation is not corrected, the Town may take such action within its right-of-way as is necessary to abate the nuisance, including removal of any material which is encroaching upon or obstructing the right-of-way or trimming of vegetation which is intruding on the right-of-way. The Town may charge the responsible party for the cost of abating the nuisance, and if said charges are unpaid, assess them against the violator's property as a special charge on the property tax bill.
I. 
In addition to the other remedies herein, the Town may commence an action for injunctive relief against an alleged violator seeking to compel the violator to cease and desist from violating this article.
J. 
Charges for removal of obstructions, litter, debris or material from highway. The Town's highway patrol employee may order the person or persons responsible for placing obstructions, litter, material or debris on a Town highway to remove the same. If the person responsible fails to remove the obstructions, litter, material or debris within 24 hours, the Town may remove the same. The Town may charge the responsible person or persons for the cost of the removal by sending an invoice to the last-known address of the responsible person or persons. If the responsible person or persons do not pay the charges before the 15th day of September, the unpaid charges shall be levied against the real property of the responsible person or persons as a special charge pursuant to statute and shall be a lien against said real property pursuant to statute.
A. 
Commencing on the effective date of this article, no person, corporation, partnership, proprietorship or other legal entity may install any mailbox on or adjacent to a Town road of the Town of Brooklyn, unless the mailbox meets the standards contained in this article. Existing mailboxes shall not be required to conform to these standards, but any repair or replacement of the mailbox shall result in the mailbox being reconstructed so as to comply with the standards herein. As used in this section, the term "repair" or "maintenance" does not include painting or remounting of a mailbox.
B. 
Standards.
(1) 
No mailbox may be constructed so that the posts or any portion of the mailbox infringes upon the shoulder or road surface of the Town. An infringement shall include an encroachment of the air space above the Town's right-of-way.
(2) 
Every mailbox shall be installed such that the support post is set back a minimum of 24 inches from the edge of the shoulder of the Town road.
(3) 
The mailbox itself shall be mounted so as to be at least 46 inches above the surface of the shoulder of the road.
(4) 
The front edge of the mailbox shall be aligned with the outside edge of the road's shoulder.
(5) 
The mailbox itself shall be constructed of appropriate material and should be of a kind which has been approved by the Postmaster General of the United States.
(6) 
The Town shall make a pamphlet available to property owners explaining these standards. However, the pamphlet shall not be construed as part of this article.
C. 
The Town of Brooklyn shall not be responsible for the cost of replacing any mailbox which is constructed in violation of the requirements of this section, regardless of whether or not the box was constructed prior to the effective date of this article.[1]
[1]
Editor's Note: Original Sec. 1.17(4), which immediately followed this subsection and duplicated provisions in Subsection A, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Every preexisting mailbox in the Town of Brooklyn shall be required to meet the standards contained in this article 10 years after the effective date of this article.
MAILBOX DIAGRAM
NOTICE
Recommended Mailbox Installations
To avoid damage to your mailbox and also allow snowplows to remove the snow from under your mailbox, the following dimensions are recommended.
187 Mailbox Diagram Notice.tiff
Placing mailboxes a short distance away from driveways and intersections helps to avoid vision-restricting snowbanks and also damage to your mailbox. The box and base should be strong enough to withstand flying snow and slush from traffic and snowplows.
A. 
The following regulations apply to construction or modification of private driveways located on lands in the Town of Brooklyn, which private driveways provide access to buildings originally constructed or substantially modified after the effective date of this article. Existing driveways are not required to meet the standards herein but shall be brought into compliance with these standards at such time as the driveway is resurfaced, regraded or a new driveway culvert is installed.
B. 
Approval required.
(1) 
In this article, the term "driveway" is defined as private driveway, road, field road, or other traveled way giving access from a public highway to one or more buildings located or to be constructed on adjacent lands.
(2) 
No person shall establish, construct, resurface, improve or rework a driveway connected to a road right-of-way without first obtaining a driveway permit from the Town Board of Supervisors, or its designee. Regraveling of previously constructed driveways does not require a permit. Application forms and information should be obtained from the Town Clerk. Prior to consideration of the application by the Town Board or designee, the applicant shall submit to the Town Clerk a driveway construction plan, which shall accurately describe the location of the proposed driveway, and the specifications required by § 187-3 of this article for the driveway's construction.
(3) 
Erosion control measures/permit may be necessary, subject to a decision of the Town Board or its designee.
(4) 
No building permit for new residential construction will be issued until the driveway is constructed according to the specifications of this article. The only exception will be the final application of gravel, which may occur after heavy equipment needed for building activities will no longer be using the driveway.
(5) 
With approval of the Town Board or designee, the driveway permit may be issued to allow for the excavation of the site to provide for site preparation and to provide fill for the proposed driveway.
(6) 
A nonrefundable $100 fee must be submitted with each driveway application.
(7) 
The permit is valid for a period of three years and to the original owner only.
C. 
General provisions for field roads.
(1) 
Culverts are required for all field roads accessing Town roads, unless waived by the Town Board or designee, and all costs involved are the responsibility of the property owner. A driveway permit is required from the Town Board or its designee for all field roads. Field roads are not required to meet the other standards established for driveways by this section.
(2) 
Landowners may install or use only the defined points of access to the right-of-way in each field. If a field road access is discontinued or abandoned for more than two years, the field road access shall be lost and may not be used unless a new field road access permit is granted by the Town.
(3) 
Field road access points shall be at least 15 feet from the extended street line at all intersections. A field road access allows access to a Town road solely for agricultural purposes and may not be converted to residential or other uses unless the Town issues a driveway permit authorizing the modification.
D. 
General provisions for culverts.
(1) 
Culverts are required for all residential driveways, unless waived by the Town Board or designee, and all costs involved are the responsibility of the property owner.
(2) 
Culverts accessing agricultural lands from Town roads require a permit from the Town Board unless waived by the Town Board or designee prior to installation, and all costs shall be the responsibility of the property owner.
E. 
Other general provisions.
(1) 
No poured concrete, stone, brick, wood or other types of endwalls/headwalls shall be constructed on the highway right-of-way. The highway right-of-way for Town highways is 33 feet from the center line of the highway.
(2) 
Permits to cross the county or state right-of-way are to be obtained from those respective highway departments and the actual driveway permit from the right-of-way to the building site must be obtained from the Town.
(3) 
There are nonrefundable fees that must be submitted with each residential driveway application and culvert permits. See the established fee listing.
F. 
Specifications for the construction, modification, improvements, or relocation of driveways.
(1) 
No land with a grade of more than 25% shall be disturbed for the construction, establishment, reworking or improvement of a driveway.
(2) 
An engineer's plan showing adequate erosion control measures is required for any segment of the proposed driveway which disturbs land with a grade of more than 20% and less than or equal to 25%.
(3) 
The driveway shall be constructed with a minimum roadway of 12 feet in width and minimum shoulder of one foot on each side having a slope of one foot of vertical rise for six feet of horizontal distance.
(4) 
Each driveway shall have a culvert at the ditch line where the driveway meets the public road, unless special permission is obtained from the Town Board or designee. The culvert shall be at least 18 inches in diameter and 30 feet in length, constructed of corrugated metal pipe with approved metal endwalls.
Gauge minimums are:
Pipe Diameter
(inches)
Gauge
15 to 24
16
30 to 36
14
42 to 54
12
60 to 72
10
78 to 84
8
(5) 
Backfill material. Material used for backfill shall be of a quality acceptable to the Town Board or designee and shall be free from frozen lumps, wood or other extraneous or perishable materials. The minimum cover, measured from the top of the pipe to the top of the subgrade, shall be six inches. A driveway which is at least 24 feet in length shall have a maximum 5% grade at the 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.
(6) 
Curves in the driveway shall have an inside radius of not less than 36 feet.
(7) 
Maximum grade of the entire driveway or any given segment of the driveway shall not exceed 13%.
(8) 
Side banks shall be seeded promptly to control erosion.
(9) 
Once the construction of the driveway has begun, all specified erosion control measures, including retaining walls, ditching, culverts, crowning, mulching and matting, shall be completed within 180 days.
(10) 
The driveway must have at least six inches of four-inch rock on the roadbed, covered with two inches of 3/4-inch gravel, within the road right-of-way.
(11) 
All costs of construction of said driveway, including the cost of the culverts and engineer's plan, if required, shall be paid by the property owner requesting the permit.
(12) 
An area 12 feet each side of the center line of the driveway and a height sufficient to permit the safe passage of emergency vehicles must be clear of obstructions. In cases where such clearing would be environmentally damaging, the Town Board or designee may waive the restrictions.
(13) 
Concrete pavement may only come to the right-of-way and not to the road edge, unless a written, signed waiver has been approved by the Town Board and filed with the Clerk. The Town will not be responsible for replacement of concrete pavement when it is disturbed or removed in the course of reconstruction or repair of Town roads or by snowplowing or other maintenance of the road by the Town.
(14) 
Joint driveways will not be permitted without prior review and specific approval by the Town Board of the joint driveway agreement establishing the proposed joint driveway and the manner of its construction, maintenance and use. Joint driveway agreements shall be recorded against all properties served by the joint driveway through a formal document recorded in the office of the Green Lake County Register of Deeds.
(15) 
The number of driveways to serve an individual residential or commercial property fronting on a street shall be one, except where deemed necessary and feasible by the Town Board or designee for reasonable and adequate service to the property, considering the safety, convenience and utility of the street, and driveways may be approved for commercial and other use areas where deemed reasonable.
(16) 
Any costs of relocating utilities shall be the responsibility of the property owner, with approval of the Town Board or designee necessary before any utility may be relocated and the driveway installed.
(17) 
Any of the above requirements may be varied by the Town Board in such instances where the peculiar nature of the property or the design of the street may make the rigid adherence to the above requirements impossible or impractical.
(18) 
No driveway shall be closer than 15 feet to the extended street line at an intersection. At street intersection, a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Town for effective traffic control or for highway signs or signals.
(19) 
The Town Board designee shall perform two inspection on every driveway: once, after final grading is completed, prior to pouring; and second, after the surfacing or pouring has been completed.
(20) 
Twenty-four-hour notice is required for inspections. Inspections are performed Monday through Friday only.
G. 
Special requirements for commercial and industrial driveways. The following regulations are applicable to driveways serving commercial or industrial establishments:
(1) 
No part of a private driveway located within the dedicated area of a public road shall, except as hereinafter provided, have a width greater than 30 feet measured at right angles to the center line of said driveway, except as increased by permissible radii. In instance where the nature of the commercial or industrial activity or the physical characteristics of the land would require a driveway of greater width than herein specified, the Town Board in its discretion may permit a driveway of additional width.
(2) 
The angle between the center line of the driveway and the curbline or road edge shall not be less than 70°.
H. 
Application provisions. The Town, notwithstanding the construction of such driveway, reserves the right to make any changes, additions, repairs or relocations within the dedicated portion of the Town road at any time, including relocation, reconstruction, widening and maintaining the road without compensating the owner of such private driveway for the damages or destruction of such private roadway. If repairs are necessary due to the disruption of current surfaces that may include, but are not limited to, concrete, colored or imprinted, and/or blacktop, the Town will reserve the right to replace such surfaces with a minimum of two inches of blacktop or gravel.
I. 
Requirements for an engineer's plan.
(1) 
The Town Board or designee may require the applicant to obtain a plan prepared by a professional engineer licensed by the State of Wisconsin (hereinafter "an engineer's plan") prior to the construction or the modification of any proposed driveway. An engineer's plan is required:
(a) 
For a driveway or segment of a driveway whose construction requires the disturbance of the land with a slope of 20% or more and less than or equal to 25%;
(b) 
For a driveway or segment of a driveway whose construction requires a retaining wall or other special erosion control measure, as determined by the Town Board or its authorized designee; or
(c) 
When the Town Board requests a plan for reasonable cause.
(2) 
The engineer's plan will including the following:
(a) 
The precise location of the driveway or segment(s) of the driveway.
(b) 
Grade of the driveway showing no segments exceeding 13%.
(c) 
Location and structure of any retaining walls.
(d) 
Location and size of any culverts.
(e) 
Cross section of the driveway.
(f) 
Mulching, matting or other erosion control measures.
(g) 
Material and specifications plan.
[1] 
When an engineer's plan is required, no construction of a driveway may commence until the Town Board or designee approves the engineer's plan, a Town driveway permit is issued and, when applicable, any necessary approvals are obtained from Green Lake County or the State of Wisconsin.
[2] 
The preparation of an engineer's plan does not guarantee the approval of a driveway permit application.
J. 
Existing driveways and field roads. When washing or other conditions created by existing driveway or field roads become a potential hazard to a public road, the Town Board or designee shall notify the owner(s) of the land through which the driveway passes of such condition(s). Any property owner failing to correct such condition(s) within 30 days after notice by the Town Board or designee shall be subject to the penalties of this article and shall also be liable for any costs incurred by the Town to eliminate the hazard as provided in the Wisconsin Statutes.
K. 
Penalties.
(1) 
Should a driveway be constructed or modified in a way which violates the provisions of this article, the owner(s) of the land through which the driveway passes shall pay a fine equal to three times the fee chargeable 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 Town Board within a reasonable period of time determined by the Town Board. The Town Board or designee may request the Clerk to send a letter of notice to any property owner not adhering to this article requesting compliance.
(2) 
If the owner of the land through which the driveway passes does not make the required corrections within the time specified, the Town Board shall determine the cost of correcting violations of the provisions of this article, including when necessary the return of disturbed land to its original condition. The owner(s) of the property through which the driveway passes, as provided in Wisconsin Statutes, shall pay that cost to the Town.