[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk 5-11-1988 as Ch. 8 of the 1988 Code. Amendments noted where applicable.]
Definitions. In order to clarify this section the following definitions apply:
- The rate of ascent or descent of a road.
- Roads, streets, alleys, outlots, long lot trails or other ways intended for vehicular travel use.
- HIGHWAY RIGHT-OF-WAY
- Land or property to be acquired or used for highway purposes.
- The graded portion of highway prepared as the foundation for the pavement structure and shoulders.
- Construction area of road.
- SURFACE COURSE
- The traveled portion of the roadway.
Application for proposed highway.
Individual homeowners or owners of land abutting that part of a highway sought to be created or altered shall make an application in writing to the Town Board giving the location and description of the proposed highway. Such application may be delivered to any Supervisor or to the Town Clerk. In all cases the application must be delivered at least 10 days prior to the meeting at which it will be considered. Upon receipt of the application the Town Board will proceed to examine the proposed route of the highway. If approval is received, the applicant may proceed to build the highway under the supervision of the Town Board or its engineering representative.
Development and/or proposed building of a private access road or driveway to any existing Town road must be approved and a permit obtained, thereby promoting public safety through inspection by the Town Board.
The manner of obtaining permit for above is as follows:
The minimum of any highway right-of-way shall not be less than 66 feet.
The minimum radius for a cul-de-sac shall be 60 feet.
[Amended 2-14-2007; 7-8-2009]
At all bond points in the road right-of-way where the tangent deflection angle is 45° or larger the tangent shall be connected with a curve having a minimum length of 300 feet as measured along the center line. This shall not apply to road intersections.
Clearing and grubbing of all trees, stumps and brush shall be done at least 30 feet from ditch to ditch and be extended five feet beyond the slope intercept of all cut and fill sections.
No trees, stumps, brush or large rocks shall be disposed of within the highway roadway.
All disturbed areas outside the edge of the gravel shoulders shall be seeded and mulched to promote a growth of rooted grasses to reduce the possibility of erosion. Seeding shall be Seed Mixture No. 3 as specified in the State of Wisconsin Standard Specifications for Roads. The sowing rate shall be two pounds per 1,000 square feet. Mulching material shall be either straw or hay which is substantially free of noxious weed seeds. The mulching material shall be placed to a loose depth of one inch to two inches.
All marsh, swamp, muck and peat material shall be removed from the area of the proposed roadway to ensure a stable foundation for the roadway fill.
All excavated, organic materials shall be disposed of either by placing in six-inch maximum depth layers on the side slopes of all cut or fill sections or by disposing off the highway roadway.
The roadbed fill shall be free of large rocks, muck, peat and other organic material.
Fill material shall consist of sand or gravel and placed in six-inch lifts and compacted to prevent differential settlement.
Drainage structures of proper size shall be installed to ensure proper drainage and to prevent the flooding of the roadbed or adjacent property.
The maximum grade on the proposed Town road shall be 8% to 10%.
Crushed aggregate for the base course shall be placed to a compacted depth of six inches and shall conform to the requirements of gradation No. 2 of the Wisconsin DOT Standard Specifications for Road and Bridge Construction. The crushed aggregate base course shall be placed to a minimum width of 24 feet. Culs-de-sac shall have a gravel base of 45 feet.
[Amended 2-14-2007; 7-8-2009]
Bituminous pavement shall be placed to a compacted depth of three inches and shall conform to gradation No. 2 of the Wisconsin DOT Standard Specifications for Road and Bridge Construction. The bituminous material shall be asphalt cement type ACPC, designation of 58.28. The width shall be 20 feet. Culs-de-sac shall have a paved radius of 40 feet.
[Amended 2-14-2007; 7-8-2009]
Bituminous pavement shall not be constructed between October 15 and May 15 without the prior approval of the Town Board or its engineering representative.
The roadway shall conform to the attached typical cross section.
Inspection. Each phase of the road construction (rough grading, gravel base, bituminous paving) must be approved by the Town Board or the engineering representatives prior to the commencement of the next phase of construction. Upon completion of a roadway to be accepted into the Town roadway system, the Town Board shall make a final inspection of the highway. If during the inspection deficiencies are noted in the construction, such deficiencies must be corrected prior to the road being accepted by the Town, the right-of-way necessary for future maintenance of the roadway, including any wider right-of-way areas needed for cut and/or fill sections.
Access roads. Whenever two or more parcels or condominium units are created which do not have direct vehicular access to an existing Town road or county or state highway, such parcels shall be provided access over a road which meets all of the specifications hereinbefore set forth, whether such road is intended to be a public or private road.
Approval by Town. Where any land division, condominium project, mobile home park or travel trailer park is done which requires approval by the County Planning and Zoning Committee, such land division, condominium project, mobile home park or travel trailer park shall also be required to be approved by the Town Board before any parcels, units, spaces or sites are sold or rented.
Engineering costs. If necessary for the Town Board to engage the services of an engineering firm to verify compliance with the road specifications hereinbefore set forth, the developer will be responsible for the cost of those services and payment will be due prior to the Town Board giving approval to the new road and/or land division involved.
Continuity and divisibility. Where any part of this section is amended, voided or superseded thereby, the remaining part not so specifically amended, voided or superseded shall remain in effect.
Performance bond. A performance bond shall be required at an amount to be determined by the Town Board.
Lien waivers. The developer is required to provide lien waivers from contractors doing the work showing full payment for all services performed and materials provided in construction of the road.
In accordance with § 82.03(7), Wis. Stats., which requires the assignment of names for each road under the Town's jurisdiction, road names are hereby assigned and the same are on file in the office of the Town Clerk.
No person shall cast, place, deposit or cause to be cast, placed or deposited upon any street, alley, sidewalk, gutter or public grounds within the Town any timber, wood, lumber, ashes, rubbish, paper, vegetables, shaving, grass, earth, snow or any substance whatever which may obstruct any street, alley, sidewalk, gutter or public grounds or impede travel thereon, or which shall or may injure or tend to injure or disfigure or render the same unclean or a nuisance, nor shall any person cause or permit any wagon, carriage, motor car or any other vehicle or any box, crate, bale, package, merchandise or other thing to stand or be in or upon any street, alley, sidewalk, gutter or public grounds longer than may be actually necessary for temporary business purposes.
If any substance or material whatever mentioned in Subsection A shall be found remaining on any street, alley, sidewalk, gutter or public grounds in the Town in violation of Subsection A, the Police Chief or police officer shall immediately notify and require, by written notice, any person who may have placed, caused or permitted to be placed such substance or thing upon any such street, alley, sidewalk, gutter or public ground or who may be the owner or have control of any such articles or property to immediately remove such thing or substance or cause the same to be removed, and if such person shall neglect or fail to remove or cause to have removed such substance or thing within a reasonable time after being notified, such officer shall remove or cause the same to be removed from such street, alley, sidewalk, gutter or public ground to some convenient or safe place within the Town at the expense of such person, and if such substance or thing is of the nature that it must be burned or disposed of to protect the safety or health of the public, in all cases the expense of such removal may be recovered from any person whose duty it shall be to remove the same.
This section shall not apply to any person who places, hangs or sets out for sale any goods, wares or merchandise on or over the sidewalk in front of and within three feet of his store or building if such use does not reasonably interfere with the use of such street, alley, sidewalk or public ground by the public in general.
The Chairperson may grant to any person a permit in writing for a limited time to place and keep building material upon any street, sidewalk or alley in front of or abutting any lot wherein such materials are to be used in the erection or repair of any building or improvements, but such permit shall not authorize the obstruction of more than 1/3 of the street in front of such lot, nor shall such material be placed to obstruct the free flow of water in the gutter, and any person who shall place or deposit any such material without a permit from the Chairperson or contrary to the terms of such permit after it has been granted, shall be subject, upon conviction, to a penalty. There shall be no fee for such permit.
All owners of buildings, tenements or premises fronting upon any of the streets in the Town shall keep the sidewalks in front or adjacent to such premises free and clear of snow and ice, and shall, after each fall of snow, clear the same from the sidewalks within 24 hours thereafter and upon failure, neglect or refusal upon the part of any person to clear their sidewalks of snow and ice within the time stated, the Road Department Supervisor shall cause such sidewalk to be cleared and the expense thereof shall be a lien upon the premises adjacent to the sidewalk and shall be collected in the same manner as the costs for repairs of sidewalks made by the Town are collected. When ice is formed on the sidewalk so that it cannot be removed, it shall be kept sprinkled with ashes, salt, sand or like material.
Any person owning any building in the Town, having an area of open space between the building and the sidewalk or extending into the sidewalk, shall keep the same covered by an iron grating or surrounded on the sides by a railing or barrier at least 2 1/2 feet high, except in case of stairways leading from the sidewalk to the basement, they shall have a sufficient railing or barrier at least 2 1/2 feet high on three sides.
Whenever in the digging of cellars or basements, the repairing and improving of the same relative to the construction or repair of any building in the Town, or in the digging of any sewer or other excavation which shall go to or extend under any sidewalk or shall be near the same so that such sidewalk shall be dangerous for passage of persons, the owner of such lot and any person who shall make improvements or do work on such lot shall erect and keep sufficient barriers between the excavation and the sidewalk and a red light in a conspicuous place on such barrier all night while the excavation is open.
When any person shall take up or remove the whole or any part of any sidewalk or street for the purpose of building, rebuilding or repairing the same, or for any other purpose within the Town, he shall take all necessary and proper precautions and erect and maintain sufficient barriers to fully protect the public and shall be subject to such rules and regulations for the protection of travel and the public as may be provided by the Town Board, which shall establish reasonable rules and regulations by resolution as a condition for the granting of such permit or right, and in the case of the removal of such sidewalk, such person shall not make or leave any opening unless the same is guarded by sufficient barriers and lights.
Construction and repair.
Initial construction. The Town Board may, from time to time, determine where sidewalks shall be initially constructed and establish the width, determine the materials, prescribe the methods of construction of sidewalks and set the standards for different streets.
Repair and replacement. The Chairperson or designee is directed to inspect all Town sidewalks at least annually, and if, in his or her judgment, any such sidewalks are in need of repair or replacement, he or she shall serve notice upon the owners of property abutting such property to repair or replace such sidewalk(s), respectively, pursuant to Wis. Stats. § 66.0907.
Required. Pursuant to the provisions of Wis. Stats. § 66.0907, the Chairperson or designee shall serve upon the owner of each lot or parcel of land in front of which work is ordered for the laying, removal, replacement or repair of a sidewalk a copy of the order directing such work by personal delivery or by certified or registered mail.
Exception. If the cost of repairs of any sidewalk in front of any lot or parcel of land does not exceed $100, the Chairperson or designee may cause the repair to be made without serving notice as provided in Subsection D(3)(a) of this section and charge the cost of such repair to the owner of such lot or parcel of land as provided in Subsection D(5) of this section.
Work may be done by the Town. If the owner neglects, for 20 days after service of an order, to lay, remove, replace or repair any sidewalk, the Chairperson may cause such work to be done at the expense of the owner of such lot or parcel of land; and such costs shall be collected as provided in Subsection D(5) of this section.
Assessment of expenses. The Town Clerk shall keep an accurate account of the expenses of laying, removing and repairing sidewalks in front of each lot or parcel of land and report the expenses to the Treasurer, who shall annually prepare a statement of the expenses so incurred in front of each lot or parcel of land and report the expenses to the Clerk. The amount therein charged to each lot or parcel of land shall be entered by the Clerk on the tax roll as a special tax against such lot or parcel of land and the amount shall be collected in all respects like other taxes upon real estate.
Except as otherwise provided, any person found to be in violation of any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.