All buildings hereafter erected or moved into the Town and any
other new building shall have driveway access to said building from
a public or private road. Such driveway shall meet the requirements
of this chapter.
Determinations: Whereas the Town of St. Joseph wishes to curtail
road damage and costly repairs resulting from construction and other
heavy equipment loading, unloading and using the Town roads as access
to private properties during construction periods; and whereas a history
of damage has been evident as a result of this practice; and whereas
the property owner, developer or general contractor must first obtain
a driveway and/or building permit prior to construction of any new
dwellings and/or structures, additions to existing dwellings or any
structures on the property; and whereas § 86.02, Wis. Stats.,
authorizes the Town to collect treble damages from any person who
damages a Town roadway; now, therefore, the Town Board ordains as
follows:
A. A road damage deposit, as identified in the Town's fee schedule,
shall be required with each driveway and/or building permit issued
for the construction of any structure (be it a dwelling, addition
or accessory building) that may involve the use or travel of equipment
or load factors which exceeds normal usage and may cause damage to
Town road surfaces and shoulders.
B. The permit holder shall be responsible for notifying subcontractors
of this article and shall be held responsible for the road damage,
regardless of whoever may cause damage, as long as the damage is caused
by vehicles using the road to access property for construction related
to the building or driveway permit.
C. If the Town Board or designee finds that road damage has occurred,
the permit holder shall forfeit the deposit to the extent of the cost
the Town incurs to repair the damage and the balance, if any, will
be refunded. If the damage repair costs exceed the deposit, the deposit
shall be forfeited and the Town shall invoice the permit holder for
the amount exceeding the deposit. If the permit holder fails to pay
the invoice after 30 days, pursuant to § 86.02, Wis. Stats.,
the Town shall invoice the permit holder triple the amount of the
damages. If remaining unpaid, the amount shall be added to the property
owner's taxes, pursuant to § 66.0627, Wis. Stats.