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January 30, 2012 Proposed Changes to Road Ordinance Chapter 5

PROPOSED


Chapter 5
Road Ordinance

Effective:

5.1 Purpose
The purpose of the ordinance is to provide for public safety, to establish rules for layout of, construction of and the dedication of roads within the Town, establish rules for public access to public roads, and establish rules concerning weight limit restictions on roads within the Town.

5.2 Definitions
The following definitions shall be applicable in this ordinance:
(A) Cul-de-sac
A local road with only one outlet and having a single terminal for safe and convenient reversal of traffic.
(B) Driving surface
The actual paved or finished road surface intended for vehicular travel, not including the shoulders.
(C) Grade
The slope of a road or driveway entrance shall not exceed 8% unless necessitated by topography and approved by the Town Board.
(D) Culvert
A piece of drainage pipe made of plastic, concrete or galvanized steel.
(E) Driveway
Any entrance from a public roadway to private property.
(F) Right-of-way
A strip of land occupied or intended to be occupied by a road, railroad, utility line, or for other special purposes, and normally requiring public dedication where public maintenance is involved.
(G) Roadtop
The driving surface and shoulders of any road.
(H) Seasonal Permit
A permit to exceed the weight limits for an entire posting season, but limited to certain sections of roads as specified in the permit.
(I) Temporary Permit
A permit to exceed the weight limits for a specified number of days, but limited to certain sections of roads as specified in the permit.

5.3 Statutory Authority
The Town Board of the Town of Dewey has the specific statutory authority, power and duties as outlined under Chapter 81 and Chapter 349 of the Wisconsin Statutes.


5.4 Dedication, Layout, Construction of Roads
(A) Assign road name
All roads under the jurisdiction of the Town shall be assigned a name. The road name shall be reviewed by the Town Board and forwarded to the Portage County Emergency Management Department for approval.
(B) Road Right-of-way (R-O-W)
All roads dedicated to the Town shall have a minimum right-of-way of 66 feet. Right-of-way markers shall be put in showing the right-of-way lines with a marker being located at each lot corner with a minimum of four (4) markers per fourty (40) acre parcel.
(C) Road Improvements
All road ways shall be graded to their full width including side slopes and to the appropriate sub-grade. The roadtop shall be a minimum of 32 feet in width and shall be surfaced with a minimum of ten (10) inches of compacted road base material and the driving surface shall be 22 feet in width and shall be surfaced with a minimum of either three (3) inches (compacted) of a cold mix asphalt or two (2) inches (compacted) of a hot mix asphalt, all in accordance with applicable specifications of the Town. Said asphalt shall not be applied to the road until such time as the ten (10) inches of compacted road base material has layed on the proposed road for a period of one (1) winter season (December 15 through May 31). After the asphalt work has been completed the remaining roadtop shall be shouldered with material approved by the Town. The remainder of the right-of-way shall be seeded with grass and covered to prevent erosion.
(D) Road Drainage
All necessary facilities shall be installed sufficient to prevent the collection of surface water in any low spot, and to maintain any natural water course. Drainage facilities satisfactory to the Town Board or their designated road superintendent shall be provided and shall also include the ends of all cul-de-sacs and dead end streets.
(E) Cul-de-sacs
Cul-de-sacs or streets designed to have one end permanently closed shall terminate with a turnaround of not less than 130 feet in diameter with a reversed radius of not less than 50 feet at the entrance of the cul-de-sac. Cul-de-sacs that are back to back must allow a 15 foot utility easement between cul-de-sacs.
(F) Other Requirements
In addition to the above requirements all roads shall be constructed pursuant to the provisions of the Wisconsin Statues, Wisconsin Administrative Code, and any other lawful governing authority including any other applicable ordinances of the Town of Dewey. If the Town Board deems it necessary to seek professional engineering expertise in reviewing any road dedication project, the party seeking to dedicate said road shall as a condition of road acceptance reimburse the Town for the actual cost of such engineering help.
(G) Dedication
No road shall be dedicated to the Town until such time as all the requirements of 5.4 (A), (B), (C), (D), (E) and (F) have been completed and approved by the Town.

5.5 Utilities
The requirements concerning utilities are the following:
(A) Location
Utilities should be located within the outer most three (3) feet of the right-of-way. Deviations from this requirement shall require Town approval.
(B) Marking
The location of all utilities shall be clearly marked.
(C) Prior Approval
All utility work within the road right-of-way shall receive written approval prior to the beginning of the work.

5.6 Public Access – Driveways
(A) Placement of Driveway
The placement of any driveway shall be approved by the Town before it is installed. The Town reserves the right to limit the number of driveways to a parcel of land.
(B) Specifications
The driveway shall have a grade that is the same as the land features around it. It shall be sloped so that water will not run onto the roadway. The driveway shall have a culvert approved by the Town unless the property owner has received written permission from the Town to install the driveway without a culvert. The culvert diameter shall be approved by the Town but shall not be less than 12 inches in diameter.
(C) Temporary Driveway
A property owner may request permission to install a temporary driveway from the Town for a period not to exceed 90 days. The temporary driveway shall have a culvert approved by the Town installed unless the property owner has received written permission from the Town exempting them from installing a culvert. After 90 days the property owner shall remove the temporary driveway and shall restore the ditch to its prior condition. The property owner may request an extension to the 90 day time period with good cause.

5.7 Weight Limit Restrictions
The Town Board shall have the right to place weight limit restrictions on the town roads as they deem necessary. Outlined below are the roads designated as Class “B” highways, the establishing of Seasonal Weight Limit Restrictions, the procedure for establishing Special Weight Limit Restrictions and the procedure that shall allow for exemptions and issuing of permits for those exemptions.
(A) Roads Designated as Class”B” Highways
The following town roads in the Town of Dewey are designated class “B” highways subject to the weight limits set forth in s. 348.16 (2), Wisconsin Statues, unless increased by town ordinance:
North Reserve Drive (from Dewey Drive south to the town line)

The town chairperson, or designee, shall place appropriate traffic signs on the above-described highways on or before the effective date of this ordinance.

No person may operate any vehicle on the above-noted highways in violation of the weight limits set forth in s.348.16 (2), Wisconsin Statues.

(B) Seasonal Weight Limits
The following seasonal weight limits shall be effective for the period of time outlined in the yearly resolution approved by the Town Board notifying the public of the posting of the seasonal weight limits.

Class “B” Weight Restrictions shall be posted for the following roads:
Dewey Drive from County Road Y to County Road X
Sunset Drive from County Road X to County Road DB

7 ½ Ton Weight Restrictions shall be posted for the following roads:
All blacktop roads other than those listed with Class “B” Weight Restrictions

The town chairperson, or designee, shall place appropriate traffic signs on the aboved-described highways on or before the notice to the public of the posting of the seasonal weight restrictions.

No person may operate any vehicle on the above-noted highways in violation of the weight limits set forth in 349.16 (2), Wisconsin Statues.

(C) Special Weight Limits
The Town Chairperson, or designee, may immediately post weight limit on any town road that is deemed to be in danger of potential damage that could possess a threat of harm to the public utilizing that road. That posting may remain in place for a period not to exceed 90 days.

No person may operate any vehicle on the above-noted highway in violation of the weight limits set forth in s. 349.16, Wisconsin Statues.

(D) Procedure for Exemptions and the Issuing of Permits
The Town Board shall allow for exemptions to the Weight Limit Restrictions and shall issues permits as they deem appropriate. The following shall identify the Exemptions and permitting process.

1) Total Exemption – The following uses are exempt for any permit requirements; school buses on established route, garbage and/or recycling trucks contracted with the Town on the specified route days, town trucks engaged in snowplowing or emergency road pairs, emergency vehicles, and any other vehicles the Town would deem to be total exempt.

2) Seasonal Exemption - The following uses could receive a seasonal exempt permit; milk truck on roads that would be designated on their permit, trucks from businesses within the town but limited to leaving in the morning and returning in the evening on established routes designated on their permits, trucks of over the road haulers coming to or leaving their resisence on a route designated on the permits, or any other truck on an established route that the town chairperson (or designee) would approve. These permits would be approved and issued by the town chairperson (or designee). The permit should be carried in the vehicle during the entire time the roads of use are posted within the year the permit is issued and are good only during the year issued.

3) Temporary Exemption – A temporary exempt permit would be issued by the town chairperson (or designee) on a case by case basis. This permit would need to be carried in the vehicle the entire time for which it is issued and would be subject to the terms, conditions and date(s) outlined on the permit.

5.8 Safety
The following actions are prohibited by this ordinance; damaging and/or removing any road name signs, fire signs, stop signs and/or any other road signs in the Town, removing or tampering with any right-of-way markers, encroachment upon the right-of-way such as filling in, plowing or in any other way damaging the ditch line, slopes, shoulders or roadway.

5.9 Violations, Penalties
The following penalties shall be enforced upon conviction of any person, firm or corporation that fails to comply with the provisions of this ordinance; Section 5.4, Section 5.5, Section 5.6 – Not less than $25.00 nor more than $200.00, Section 5.7 – Not less than $100.00 nor more than $200.00 plus the forfeiture for the amount of overload, and Section 5.8 – Not less than $100.00 nor more than $500.00. In addition to the forfeitures above each violator upon conviction shall pay any applicable surcharges, assessments, and cost for each violation. For Section 5.4, Section 5.5, Section 5.6 and Section 5.8, each day in violation of this ordinance that exists or continues shall constitute a separate offense. For Section 5.7 each trip in violation of this ordinance shall constitutes a separate violation. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.

5.10 Severability
If any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Town of Dewey Town Board reserves the right to amend or waive any parts of this ordinance it deems necessary. They also reserve the right to repeal this ordinance as they deem necessary.

5.11 Effectiveness
This ordinance shall take effect and be enforced after its passage, posting and publication. On its effective date this ordinance shall repeal all prior Road Ordinances of the

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April 10, 2012 April 10, 2012 Annual Meeting
March 3, 2012 March 3rd Rabies Clinic
January 30, 2012 Proposed Changes to Road Ordinance Chapter 5
January 18, 2012 Raffle Winners

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