Town of Peshtigo

2. Definition. Per Chapter 82 of State Statutes, all town roads shall be termed town highways. A town highway is any highway that the Town of Peshtigo holds fee simple title to or has prescriptive rights in. Generally, the Town of Peshtigo considers a highway to be a town highway if it appears on the Wisconsin Department of Transportation Highway Aids Map, which is reviewed and approved by the Town.

3. Highway Name. Prior to completion of a Permit Application, proposed highway names shall be submitted to the Marinette County Property Listing Department for preliminary approval on the prescribed form per Marinette County Ordinance 242. Highway names shall be assigned as set forth in Chapter 82.03(7) of the Wisconsin Statutes and shall be subject to approval by the Town Board.

4. Right of Way. Per State Stats. 82.18, all town highways shall have a right of way width of 66 feet or greater unless, in the Town Board’s discretion, that width is impractical. If the Town Board determines that a sixty-six (66) foot width is impractical, the width shall be determine by the Town Board but shall be at least forty-nine point five (49.5) feet in width.

5. Clear Zone. A minimum clear-cut width of thirty (30) feet from the centerline of the highway is desired. Said clear-cut width shall be determined by the Superintendent of Highways or Town Building Inspector at the time of the permit application and site inspection.

6. Length. No Town highway right of way shall be less than five hundred (500) feet in length, unless a variance is granted by the Town Board.

7. Dead-end Highways. All dead-end highways regardless of length shall have a cul-de-sac or a “T” turnaround.

The cul-de-sac right of way radius shall be seventy-five (75) feet, with a base course radius of sixty-two (62) feet, and a pavement radius of sixty (60) feet.

The “T” shall be at right angles to the centerline of the highway, have a sixty-six (66) foot wide right of way, a minimum base width of not less than thirty-four (34) feet, a minimum paved surface of not less than twenty (20) feet, and be not less than sixty (60) feet long on both sides of the highway centerline.

Construction standards for a “T” and a cul-de-sac shall be the same as those delineated under Section 9 in this Town Highway Ordinance. All town highway requirements for shoulders, clearance and ditching shall apply to the entire length of the “T” and the cul-de-sac.

8. Highway Width.

a. Town highways with an estimated average daily traffic count of under one hundred (100) vehicles shall have twenty (20) feet minimum driving surface, shoulders two (2) feet minimum and a surface crown of two point two percent (2.2%) slope at the centerline of the highway. The Town Board may approve a narrower pavement width if it is deemed that a twenty (20) foot width is impractical .

b. Town highways with an estimated average daily traffic count of one hundred (100) to two hundred fifty (250) vehicles or more shall have twenty-two (22) feet minimum driving surface, shoulders two (2) feet minimum and surface crown of three percent (3%) slope at centerline of the highway .

c. Commercial/Industrial highways may require greater structural requirements than those residential requirements specified in this ordinance. Any additional construction requirements, and final approval shall be determined by the Town Board.

9. Construction Standards. All highways constructed in the Town shall fully comply with the following construction standards.

a. Topsoil Removal. All topsoil shall be removed first. In order to insure a stable foundation for the roadway fill, all stumps, marsh, swamp, muck, large rocks, old culverts and other foreign material shall be removed from under the area of the roadway and replaced with sand, pit run or other approved materials and brought up to grade before the sub-base shall be applied.

b. Sub-base. The width (see Section 8 above) of all highways shall have a sub-base of six (6) inches of crushed compacted three fourths (3/4") inch gravel, limestone or other approved material and shall be put down in three (3) inch intervals and compacted at each interval. Additional material may be needed to create stability in problem areas. The need for additional sub-base materials will be determined by the Superintendent of Highways or Town Building Inspector with assistance by an engineer, when needed.

c. Shoulder. Crushed limestone shall be applied to the shoulder compacted flush with the paved area at a width of two (2) feet.

d. Surfacing shall be a minimum two and one-half (2-1/2) inch compacted Asphaltic Type AC Penetration 120-150 Single Aggregate Bituminous Pavement. The Town Board may require greater pavement thickness where traffic volumes and composition dictate the need.

e. Cleanup. All unearthed rubbish or other similar materials shall be removed from the site.

10. Ditches. If needed, the ditching of the roadway must be complete and have proper elevation to provide adequate drainage. The Superintendent of Highways or Town Building Inspector shall determine the ditching requirements.

11. Back and Side Slopes. All highways shall have an eight (8) foot fore slope and back slope with a four (4) to one (1) pitch, except where geographic features or terrain would not allow for same, but in no case shall the slope be greater than two and one half (2½) to one (1) foot.

12. Town Highway Culverts. Any town highway culvert necessary for proper drainage shall be installed after elevation and location is obtained through the Superintendent of Highways with assistance from an engineer, if needed. The minimum length of any culvert installed in a road bed shall be at a minimum two (2) feet greater than the base course width. Apron end walls shall be installed as dictated by the Superintendent of Highways.

The culvert diameter and length will be subject to the approval of the Superintendent of Highways after the amount of flowage is determined. In no case shall the culvert be less than eighteen (18) inches in diameter.

13. Private Driveway Culverts. Private driveway culverts shall be installed as prescribed in the Town of Peshtigo Driveway/Culvert Ordinance.

14. Curves and Inclines. All curves and inclines shall be constructed in accordance with the standards set forth in Section 86.26 of Wisconsin Statutes which standards are incorporated herein by reference.

15. Vision Corners. In each quadrant of every town highway intersection there shall be a visual clearance triangle bounded by the highway centerline and a line connecting points on them three hundred (300) feet from a Class “A” (State and Federal) highway intersection, two hundred (200) feet from a Class “B” (County Trunk) highway intersection and one hundred fifty (150) feet from a Class “C” (town) highway intersection.

Traffic signs, telephone poles and power transmission poles are permitted. Permanently mounted ground level equipment must receive approval of the Superintend of Highways prior to installation. Location of said equipment shall be designated by the Superintendent of Highways and all locations will have visible orange markers. Trees in the vision triangle must not obstruct the view to a height of ten (10) feet.

All town highways intersecting with state or county highways must meet the requirements of the State or County if their vision corner requirements are greater than those of the Town.

The property owner/developer shall furnish to the Town of Peshtigo an easement to trim vegetation within the vision corners based on the specification listed within this section.

16. Access. Wherever possible, for each one-quarter mile of an existing town road not more than one (1) road may be constructed to adjoin the existing road.

The property owner/developer must obtain a permit from the State of Wisconsin, Department of Transportation for access to state and federal highways, and from the Marinette County Highway Department for access to any county highway.

17. Topsoil, Grass, Seeding. All disturbed areas (ditches, back slopes and fills) within the highway right of way not provided with surfacing and shouldering material shall be restored, seeded for permanent cover, and protected by erosion control materials.

18. Permit Application. No person, partnership, company nor corporation shall commence construction of any town highway which is intended to provide public access to more than one (1) landowner without first obtaining a Town Highway Permit Application, a copy of this ordinance and a copy of a Typical Highway Cross Section from the Town Clerk.

The completed permit application must be submitted to the Plan Commission along with a preliminary plan view showing the extent of the development, the point(s) of access to an existing public highway(s), the location and length of the new town highway centerline, and preliminary lot layout for all lots which will be provided access by the town highway.

The Plan Commission will review the permit application and plan view as prepared by the applicant. After a satisfactory review a Construction Permit shall be provided and completed by the developer/owner and the Superintendent of Highways or Town Building Inspector.

19. Highway Survey. All construction permits for town highways shall be accompanied by a survey of said highway delineating public utility placement and a corresponding legal description for said highway. Said survey shall be performed by a land surveyor licensed by the State of Wisconsin. The cost of said survey to be the responsibility of the private land owner and/or developer.

20. Construction Permit. The completed Construction Permit along with a copy of the survey map of the proposed highway completed by a Registered Land Surveyor must be submitted to the Town Board. The Town Board will review and approve or deny, the construction permit and survey map, and in addition, may inspect the site.

Prior to Town Board approval of the Construction Permit decisions regarding clear cut width, turnaround type, additional grading and sub-base requirements, seeding, culverts and ditching shall be made.

The Town Board may hire a consultant to review the Construction Permit, survey map, and site, if necessary. The cost of the consultant and all costs incurred in the development and construction of said town highway shall be assumed by the property owner/developer.

21. Performance Bond. At the option of the Town Board, the applicant(s) shall prepare the highway (grade, ditch and gravel, etc.) one year and surface it the next year in order to further compact the roadbed. If so, the applicant(s) shall provide a bond or irrevocable letter of credit which would enable the Town to finish the road, in case of default by the applicant(s). The performance bond, irrevocable letter of credit, or cash escrow agreement shall be equal to one and one-quarter (1¼) times the estimated cost of the required improvements. If the required improvements are not complete within the eighteen (18) month period, all amounts held under the escrow agreement or performance bond shall be turned over and delivered to the Town and applied to the cost of the required improvements. Any balance remaining after such improvements have been made shall be returned to the property owner or developer. The Town Board, at its option, may extend the bond period for any additional period not to exceed one (1) year; however, the initial bond shall be required to run one (1) year beyond the initial date of acceptance of improvements.

22. Required Inspections. The contractor shall notify the Superintendent of Highways or Building Inspector prior to the start of construction and when each stage of construction is ready for inspection. A minimum of four (4) inspections shall take place at the following phases of construction:

a. Stripping of top soil and stump removal

b. Shaping of road bed grade and sloping of ditches

c. Application of base course and seeding

d. Bituminous surface course and cleanup

23. Test of Materials. The Town reserves the right to obtain a sample of the roadway base material prior to placement on the roadway for purposes of determining whether the material meets gradation and soundness requirements.

24. Pavement Samples. Samples of material may be required to be taken by the Town at the contractor’s expense during pavement construction operations for purposes of determining that the material meets specifications.

25. Final Inspection. Upon completion of the proposed highway, the Superintendent of Highways and Building Inspector will proceed to make final inspection, accepting or rejecting the road as the case may be. After all of the provisions of this Ordinance have been complied with, the highway will be inspected by the Town Board or designated Town Supervisor(s), and at that time, proof will be made by the presenting of waivers of liens or receipted bills that all work that has been done has been paid for or arrangements have been made for the payment through written instrument by the developer. If the road is rejected, corrections shall be made as recommended by the Town Board before final inspection can then be made again.

If final acceptance is made by the Town Board, the property owner(s) shall turn over a Warranty Deed conveying title of the entire right of way to the Town of Peshtigo, or through plat dedication per Chapter 236 of Wisconsin Statutes. Easement documents authorizing the Town to cut vegetation within vision corner must also be provided. All town highways conveyed to the Town of Peshtigo shall be free and clear of all lien encumbrances and restrictions, except utility easements. The cost of recordation shall be the responsibility of the developer/property owner.

26. Appeal. The owner/developer has the right to appeal to the Town Board any decision/recommendation made by the Superintendent of Highways or Town Building Inspector.

27. Typical Highway Cross Section. See Appendix A which is made a part of this ordinance.

28. Applicability. This ordinance shall apply to all highway's the construction of which is completed after the effective date of this ordinance and all existing highways which may in the future become dedicated for public use or submitted to the Town as a town highway.

Any highways permitted prior to adoption of this ordinance shall be constructed and accepted per the provision of Ordinance 03-1 provided the Construction Permit was approved by the Town Board prior to publication of this Ordinance.

This Ordinance shall not require the Town of Peshtigo to construct or reconstruct any existing town highway to the standards set forth in this Ordinance.

29. Private Roads. After the enactment of this Ordinance, it is the policy of the Town of Peshtigo not to allow private roads. The Town Board, may however, grant a variance for a private road due to exceptional, unique circumstances.

If a variance is granted by the Town Board, private roads shall comply with the layout specifications, construction standards except bituminous surface requirements, and the road name approval procedure delineated within the Town Highway Ordinance in effect at the time the application for variance was filed. Specific exceptions to the Town Highway Ordinance shall be determined by the Town Board and stated within the meeting minutes of the Board meeting at which such determination was made.

30. Acceptance of Private Roads to Town Highways. Under the provisions of State Stats. 82.10, application for acceptance of a private road to become a public town highway may be submitted to the Town Board for review and action by petition of a majority of property owners having frontage on said road. The application shall contain all of the following:

a. A legal description of the road to be altered.

b. A scale map of the land that would be affected by the application.

The Town Board will establish the standards which existing private roads must meet to be accepted on a road by road basis. All estimated costs for bringing the road up to the established standards, including bituminous surfacing, shall be prorated to all existing property owners having frontage on said private road or to those property owners which have consented, in writing, to pay for said improvements. Any improvements made to the road will be at no expense to the Town of Peshtigo. If desired, the cost of said road improvements will be applied as a Special Assessment per State Stat. 66.0703 in an agreed upon time frame.

Prior to Town Board acceptance, owners must provide a Certified Survey Map of said road right-of-way and proof of ownership to the Town Board. The Town Board shall comply with the provisions 82.10 and 82.12 of State Stats. If final acceptance is made by the Town Board, the property owner(s) shall turn over a Warranty Deed conveying title of the entire right of way to the Town of Peshtigo. Easement documents authorizing the Town to cut vegetation within vision corners must also be provided. All town highways conveyed to the Town of Peshtigo shall be free and clear of all lien encumbrances and restrictions, except utility easements. The cost of recordation shall be the responsibility of the developer/property owner. Improvements to the road will be completed within one (1) year of Town Board acceptance.

31. Variance. Where, in the judgment of the Town Board it would be inappropriate to literally apply the provisions of this Ordinance, the Town Board may waive or modify any requirement in accordance with this section.

a. Conditions. The Town Board may consider the following in exercising its judgment to waive or modify the requirements of the Ordinance.

1. The division of land involves the transfer of property within the immediate family.

2. Exceptional and undue hardship would result.

3. Other variance conditions spelled out in the Zoning Ordinance which is in effect at the time the application is filed.

b. Restrictions on issuance. The Town Board may waive or modify any requirements under this Ordinance to the extent deemed just and proper provided;

1. Such relief is granted without impairing the intent and purpose of this Ordinance or the desirable general development of the Town of Peshtigo.

2. No variance or waiver may be granted that would be contrary to any Wisconsin State Statutes, Wisconsin Administrative Code, or County Ordinance.

32. Violations and Penalty. The Town Board shall authorize issuance of a citation to any person, firm or corporation who violates this ordinance. If found guilty of said violation, and needed correction is not completed within ninety (90) days of written notice from the Town, the Town shall hire a contractor to make the needed corrections and the cost of bringing the highway to compliance with this ordinance shall be paid by the developer/property owner either directly or through the Special Assessment procedure in State Stats. 66.0701.

33. Signing. On all highways constructed within the Town of Peshtigo, the Town shall determine what signs are needed, including highway name, regulatory and traffic signs, order them, and have them installed.

This ordinance shall be effective upon passage by the Town Board of the Town of Peshtigo and publication as provided by law.

____________________________________

Herman R. Pottratz, Chairperson

Passed this 15th day of February, 2005