Town of Linn, WI Streets and Highways

All developments, regardless of size, within the Town limits shall include provisions for the construction of roadways and appurtenant construction to serve each parcel of property within the development. When more than one building other than an accessory building is located or planned on one parcel of property, the proposed construction may also include access roadways as required to serve each such building.

The design of all roadways proposed for construction as independent projects under the control of the Town, shall meet the technical requirements of this section and the WDOT Standard Specifications.

Street classification.

Certain variables in geometric and structural design discussed in this section are dependent on the functional classification of the street in question. For the purposes of these standards, all streets will be classified as shown in Figures 1, 2 and 3 appended to this section.[1]

[1]

Editor's Note: Said figures are included as attachments to this chapter.

In developments where more than one building is located or planned on one parcel of property and a roadway is provided to serve such buildings, that roadway shall be classified as a local street unless otherwise established by the Town Engineer.

Geometrics.

Roadway geometrics shall be as set out in Figures 2 and 3.[2]

[2]

Editor's Note: Said figures are included as attachments to this chapter.

Roadway excavation.

Topsoil shall be stripped from all proposed roadway areas. The roads shall then be constructed to the lines and grades as shown on the approved drawings.

No construction required by this section shall be permitted between November 1 and April 15 without written authorization from the Town Engineer.

Subgrade.

The roadway shall be constructed to within +/- 0.10 feet of the proposed subgrade elevation with the average subgrade within +/- 0.02 feet of the proposed subgrade elevation.

Roadways shall be proof rolled prior to construction of the base course. A minimum 50,000 lb. tandem-axle truck shall be provided to drive slowly over the area to be inspected. Areas that show deflections greater than 1 1/2 inches shall be repaired and pass proof rolling tests before construction may proceed. The Town Engineer and/or Highway Superintendent shall be present for and should be notified 24 hours prior to proof rolling.

Sub-base course.

Sub-base course construction required under this section shall be crushed stone or crushed gravel complying with the applicable provisions of the (WDOT) Standard Specifications, Gradation No. 1.

Geotextile fabrics, where allowed by the Village Engineer for subgrade stabilization, shall conform to (WDOT) Standard Specifications, Type SR.

Base course. Base course construction required under this section may be either asphaltic base course, crushed stone or crushed gravel in accordance with Figures 1 and 2.[3] Materials shall comply the applicable provisions of the (WDOT) Standard Specifications, Gradation No. 1. Roadways shall be proof rolled prior to construction of the binder course or pavement section. A minimum 50,000 lb. tandem axle truck shall be provided to drive slowly over the area to be inspected. Areas which show deflections greater than one inch shall be repaired and pass proof rolling tests before construction may proceed. The Town Engineer and/or Highway Superintendent shall be present for and should be notified 24 hours prior to proof rolling.

[3]

Editor's Note: Said figures are included as attachments to this chapter.

Pavement and surface courses.

Pavement construction required under this section may be either asphaltic pavement or concrete pavement in accordance with Figure 1.[4] Materials shall comply with the (WDOT) Standard Specifications. Gradation No. 1. shall be used for asphaltic binder course and Graduation No. 3 shall be used for asphaltic surface course. For primary asphaltic and other stabilized surfaces, compliance with the applicable provisions of the (WDOT) Standard Specifications is required.

[4]

Editor's Note: Said figure is included as an attachment to this chapter.

In new construction, the final surface course shall be placed no later than three years and no earlier than one year from the time in which the base is placed, without written authorization from the Town Engineer.

Each lift of asphaltic pavement shall not exceed 2 1/2 inches.

Combination concrete curb and gutter. Curb and gutter construction, where applicable, shall comply with the (WDOT) Standard Specifications, and conform to a thirty-six-inch Type D or Type L (See Figure 2[5]) concrete curb and gutter, shown in the (WDOT) Standard Details. The sawing of the curb head to facilitate a driveway is at the discretion of the Town Engineer and written authorization is needed to do so.

[5]

Editor's Note: Said figure is included as an attachment to this chapter.

Standard design method for pavements. When, in the opinion of the Town Engineer, the volume and composition of the traffic anticipated to be carried by the pavement can be estimated within reasonable limits, and in all cases where the roadway is designed as a four or more lane facility, the structural design for pavements shall be based on the latest revision of the (WDOT) Facilities Development Manual. However, in no case shall the design result in a pavement of lesser strength than those shown in Figure 1.[6]

[6]

Editor's Note: Said figure is included as an attachment to this chapter.

Special requirements for underground utilities.

Structure adjustment.

Where finished grade or alignment for existing underground structures, such as inlet catch basins, catch basins, manholes or valve vaults, is affected by proposed work, the project drawings shall provide for the adjustment of such structures as required.

(b)

Where a project is to be constructed under two or more construction contracts, one or more which includes the construction of pavement, the contract documents for those contracts including paving work should provide for the adjustment of underground structures that may be constructed under other contracts as may be required to fit the proposed pavement.

Utility crossing protection.

For new construction or when required by the Town Building Inspector, all concrete sidewalk, curb, gutter and driveways over excavated areas or utility trenches shall be reinforced with a minimum of two No. 4 bars, 12 inches on center for a length of 20 feet.

Culverts.

Where deemed appropriate, culverts are to be placed for the proper flow of water. Culvert size should be determined by an engineer and labeled appropriately on any applicable plan.

The preferred material for culver pipe is dual wall HDPE (high-density polyethylene). CMP (corrugated metal pipe) may be substituted by written engineer recommendation. All culverts must have end walls or flares.

Culverts must be installed in accordance to the (WDOT) Construction and Materials Manual, Chapter 5 (Structures), Section 50 (Pipe Culverts).

(4)

Residential driveway culverts must be a minimum of 12 inches in diameter.

(5)

Commercial driveway culverts must be a minimum of 15 inches in diameter.

(6)

Minor residential street culverts must be a minimum of 15 inches in diameter.

(7)

Major residential street culverts must be a minimum of 18 inches in diameter.

(8)

Design calculations will be required to verify sizing.

(9)

Downstream culverts shall be no smaller than upstream culverts.

Sidewalks. All sidewalks shall be a minimum of four inches thick. Sidewalks shall be continuous through residential driveways with a minimum thickness of six inches through the driveway section. Sidewalk width shall be four feet or as determined by the Town Board when a greater width is justified on the basis of anticipated traffic. All public walks should be constructed approximately on both sides of the street and one foot outside the property line and meet the State of Wisconsin Handicapped Access Requirements.

Bridges.

All bridges shall meet the minimum requirements of state and federal law. In the event that it is decided by the Town Board that the construction of a bridge would be of a size and cost that it would create a hardship to the owner of the land required to build such bridge, then the Town Board may proceed to accept the road, complete as required above, except that part extending 100 feet on each side of said bridge.

This portion of the road shall be known as the "approach." The approach will be accepted incomplete, with the reservation that the Town will bill back to the owner a portion of the cost of construction of such bridge. The Town will proceed to build said bridge and approach with the help of bridge aid, if available, and the balance not covered by the aid shall be billed back to the owner.

Authority for higher standards determination of applicable standards.

Authority for higher standards. The road design standards, as stated above, are intended to be minimum design standards. The Town Board shall have the discretion to impose higher design standards where, in the opinion of the Town Board, local conditions require higher standards or anticipated traffic in quantity or quality will require higher standards.

Application for determination of applicable standards. Any person may apply to the Town Board to determine what design standards should apply in a particular location, giving the description of the proposed highway and proposed design standards being requested to be approved for any proposed highway being proposed to be built. No person shall commence construction of any highway anticipated to be turned over to the Town without having written approval of the proposed highway design signed by the Town Board and Town Engineer.

Final inspection and acceptance by Town. Upon completion of the proposed highway, the Town Board will proceed to make final inspection. The Town may choose to utilize its Engineer for the purpose of review and recommendation of any corrective action(s) needed. The Town Board may accept or reject the road(s) as the case may be, at the discretion of the Engineer and/or Town Board. If the road(s) is (are) rejected, then corrections must be made as stated by the Town Board before final inspection will be made again. If final acceptance is made by the Town Board, the owner or owners will turn over to the Town a warranty deed, free and clear of any liens, necessary to convey free and clear title to the Town for the roadway(s).

§ 3-9 Installation of driveways and culverts.

Permit for new driveways. No person shall hereafter lay or install any driveway or install a culvert in connection therewith in the Town road right-of-way within the Town of Linn without first obtaining a permit from the Town of Linn. The permit will be obtained with the building permit.

Permit for existing driveways. No person shall hereafter install a culvert or resurface any existing driveway in the Town road right-of-way within the Town of Linn without first obtaining a permit from the Town of Linn.

After-the-fact permit. Any person who installs any driveway or culvert in connection therewith in the Town road right-of-way within the Town of Linn without first obtaining a permit from the Town of Linn shall be required to submit an after-the-fact permit application and $50 permit fee within the timeline provided by the Highway Superintendent.

[Added 6-14-2021 by Ord. No. 2021-006[1]]

[1]

Editor's Note: This ordinance also provided for the redesignation of former Subsections C through I as Subsections D through J, respectively.

Form of application. Every such application for a permit shall describe the public road adjacent to the culvert and/or driveway, the location of the culvert and/or driveway, and the nature of the work being undertaken by the applicant, together with the name and address of the applicant, the estimated date of commencement of work, and such other information as may be required by the Town Board. Permits shall be issued by the Highway Superintendent on a permit form approved by the Town Board.

Culverts installed with the purpose of gaining access to private property shall be the responsibility of the property owner to maintain in good working condition. Upon written notice from the Town, the property owner shall have 90 days to replace a defective and/or failing culvert unless an extenuating circumstance exists and is agreed upon with the Highway Superintendent in writing. Failure to act will result in the Town, or its acting agent, performing the necessary corrective action at the property owner's expense. Any costs incurred by the Town shall be charged back to the property owner and shall be paid within 90 days of the billing being sent. If the property owner shall fail to pay within said ninety-day period, said costs will be placed as a special charge against the property. In certain circumstances the Town may assist, when deemed necessary and appropriate, with the maintenance of the flow of water through the culvert(s).

[Added 8-12-2019[2]]

[2]

Editor's Note: Former Subsections D through H were redesignated as Subsections E through I pursuant to the ordinance adopted on 8-12-2019.

Conditions of permit for new driveways. Any permit issued by the Town, pursuant to this section, is subject to the following terms and conditions:

Placement. The driveway shall be placed as near as possible at a right angle to the roadway and shall be so located that there is a minimum of 400 feet of sight distance along the road in each direction. Any sight distance of less than 400 feet shall require a variance. A driveway shall not provide direct ingress or egress to or from a road intersection area and shall not occupy areas of the road right-of-way deemed necessary by the Town Board for effective traffic control or for highway signs or signals.

Additional driveways. Property owners may petition the Highway Committee for any additional driveway for any private property parcel. Requests will be reviewed on a case-by-case basis in conjunction with the Highway Superintendent and the Highway Committee.

[Added 8-12-2019]

Culvert. When required to provide for adequate surface water drainage along the road, the property owner shall provide any necessary culvert pipe at his own expense. The culvert, if needed, shall be of a type which will withstand the nature and type of traffic to be driven over it. The culvert shall be of such size to facilitate the drainage of water common to that area through said culvert. All excavation for culverts, etc., in the right-of-way will be done in a workmanlike manner, and said excavation, etc., will be completed in such a way as to cause minimal inconvenience to the public.

Elevation. The elevation of the finished driveway surface directly atop the culvert shall be four inches below the elevation of the road edge at the driveway. The width of the driveway at the culvert shall be a minimum of 20 feet. The driveway shall be crowned so as to direct the runoff water away from the roadway and into the ditch. Any excavation or lawn seeding must slope away from the shoulder of the road for a minimum distance of four feet at a minimum grade of six to one. The property owner shall make another application to the Town for permission to place asphalt surfacing on the driveway if planned subsequent to the original culvert installation.

(4)

Obstructions. There will be no obstructions in connection with the construction of the driveway or the installation of a culvert to be placed in the right-of-way of any highway or street in the Town of Linn at an elevation any higher than the finished grade of the roadway adjacent thereto.

[Amended 6-9-2008]

(5)

Concrete surface. Any driveway, new or existing, which is to be surfaced with concrete shall terminate at the property side of the culvert but not any closer than five feet to the edge of the road.

[Amended 1-9-2023 by Ord. No. 2023-001]

Concrete surfaces that are installed contrary to the Town Code are subject to being removed for the purposes of maintenance. The Town, at its discretion, may install an asphalt surface to replace concrete. In addition, if a road is to be resurfaced, that portion of the driveway may be removed at the owner's expense to create a proper transition between the road surface and the driveway.

(b)

The Town is not liable for any damage caused to concrete driveway surfaces during maintenance activities by the Town or any agent working for the Town.

(6)

Use of driveway during construction. All driveways shall be in place before any type of new construction begins. The driveway shall provide the only means of ingress to or egress from the construction site. Any damage to the Town road right-of-way, including the road surface, shall be repaired at the property owner's expense and in accordance with the Highway Superintendent's recommendation. All repairs must be completed before an occupancy permit will be issued.

[Amended 6-9-2008]

(7)

Damage to road and/or right-of-way. Any damage to the Town right-of-way, including the road surface adjacent to property when construction is occurring, shall be repaired at the property owner's expense and in accordance with the Highway Superintendent's recommendation. For road surfaces, damaged areas are to be saw cut or milled to create an even seam to existing pavement. Hot mix asphalt depth shall be a minimum of two inches after compaction. All repairs must be completed before an occupancy permit is issued.

[Added 1-9-2023 by Ord. No. 2023-001]

Conditions of permit for existing driveways. Any existing driveway which is to be resurfaced in any manner will also be required to comply with Subsection D(2), (3), (4), (5) and (6) of this section.

Variance. If a property owner feels hardship has been created due to the unusual terrain of his property, an appeal may be made to the Highway Superintendent for a variance on the conditions set forth by this section.

[Amended 6-9-2008]

Penalty. Any person who shall violate the provisions of this section shall be fined $250 upon conviction of said violation.

Additional relief. Any driveway or culvert installed upon, under, or over any highway right-of-way without a permit, or any such driveway or culvert which is installed contrary to the terms and conditions of the issued permit or of this section, shall be deemed a highway encroachment and shall be subject to removal pursuant to § 86.04, Wis. Stats., as it presently exists, or as it may hereafter be renumbered or amended. Failure to obey an order for removal under § 86.04, Wis. Stats., may result in a per diem forfeiture and the recovery of the Town's costs of removal.

§ 3-10 Building numbers.

[Added 8-14-2006]

Assignment of numbers. All structures used for residence, business, industry or public assembly shall have assigned to them a building number. Said numbers shall be obtained from Walworth County by the Town of Linn.

Installation of building number signs. All building number signs shall be installed by the Town of Linn Highway Department. Signs shall be green and white, 18 inches by six inches, "flag" style using .080 aluminum 3M reflective sheeting incorporating Dura-Sign™ technology, with the 911 number and the Town of Linn name. Posts shall be steel channel posts, green powder coated, 6 1/2 feet, 1.12 pounds per foot. Any deviations from the requirements set forth herein must be approved by the Town of Linn Highway Superintendent. In the event that a different sign or post is approved, the cost of the post/sign shall be borne by the property owner. Any sign installed by a property owner must be installed a minimum of four feet from the ground.

Location of signs/posts.

Primary location. Posts shall be installed approximately 15 feet from the edge of the right side of the driveway (facing home from road) and on the back edge of the road right-of-way.

Secondary location. The same measurements as the primary location but on the left side of the driveway.

Alternate location. This shall be determined by the Town of Linn Highway Superintendent, if necessary, due to foliage, lot line boundaries or other obstructions that would compromise the effectiveness of the sign if installed in either the primary or secondary location, but does not include affixing the number sign to any building or other permanent structure.

Maintenance of signs. It shall be the responsibility of the property owner to maintain the uniform numbers located on his properties in good and visible condition at all times. No property owner may change the placement location of numbers/posts after installation without the express written consent of the Highway Superintendent. Maintenance shall include keeping the uniform numbers clear of organic growth, debris and other impediments to a direct line of sight from the roadway.

Penalty. A violation of this section shall be punished by a forfeiture of not less than $50 nor more than $500 for each offense. Each separate day the violation is continued shall constitute a separate offense. If the forfeiture(s) is/are not paid by November 1 of each year, the charge(s) shall be added to the property owner's tax bill as a special assessment.

§ 3-11 Length and weight limits of agricultural implements and vehicles.

[Amended 5-11-2015]

Pursuant to § 348.27(19)(b)5.a., Wis. Stats., implements of husbandry and agricultural commercial vehicles as defined by Ch. 340, Wis. Stats., may exceed any length and weight limits imposed by Ch. 348, Wis. Stats.

This section shall be in effect for the calendar year of 2016 and all years thereafter until rescinded by further action of the Board.

A copy of this section shall be provided to the Wisconsin Department of Transportation to be posted on the state DOT website.

§ 3-12 Field entrances.

[Added 10-18-2019]

A field entrance is a way or path used to access farm land for agricultural purposes. Field entrances may not be used to access land for residential purposes unless a proper driveway is constructed. In order to assure that the natural flow of surface water is maintained, culverts are required for all field entrances accessing Town roads. The Highway Committee and/or the Highway Superintendent may waive the requirement of a culvert where drainage conditions do not require a culvert to allow for unimpeded flow of surface water. All costs of constructing culverts involved and entrances are the responsibility of the property owner. A driveway permit is required from the Highway Department for all field entrances prior to use.

Use of field (agricultural) entrances. All field entrances shall be in place before any type of egress or ingress begins. The field entrances shall provide the only means of ingress to or from the field. Any damage to the Town road right-of-way including the road surface shall be repaired at the property owner's expense and in accordance with the Town of Linn Road Ordinance.

§ 3-13 Permitting of utility construction in the right-of-way.

[Added 1-13-2020 by Ord. No. 2020-005; 5-8-2023 by Ord. No. 2023-003]

General. Any firm, person, or corporation must be issued a permit from the Town of Linn to construct, operate, maintain or repair utilities located within the Town of Linn right-of-way. The construction of all utilities and restoration of all disturbed areas shall be as provided for in this ordinance.

Permit required. The Town Highway Superintendent may, at his or her discretion, direct the Town Engineer to review projects prior to approving an application. Any costs incurred by the Town for review and inspection of facilities or improvements shall be borne by the applicant. In addition, construction permits shall be issued only upon satisfaction of the following:

Completion of an application for a construction permit along with the submission of the applicable fee schedule.

Posting with the Town Clerk, a bond or other surety in an amount not to exceed 150% of the actual cost of the construction, operation, maintenance, or repair of facilities or improvements.