4. Alternative driveway locations, bridges, culverts, and highway access locations will be safer for persons ingressing or egressing on the driveway and access point by motor vehicle or for persons traveling on the adjacent highway by motor vehicle.
5. Alternative driveway locations or alternative highway access locations will preserve or better protect more prime or productive agricultural or forestry land in the town.
6. Alternative driveway locations or alternative access highway locations will have less negative land use impact on historically, archaeologically, community, public, or culturally significant or environmentally sensitive parcels of land or facilities in the town, including land adjacent to or near the proposed driveway.
7. The driveway will not provide timely and adequate ingress and egress for emergency vehicles.
E.
In the event of a denial of a Town Driveway Permit Application or Town Highway Access Permit Application, the town board shall recite in writing the particular facts upon which it bases its denial of the permit. The town board shall also afford the applicant an opportunity to review the town board's decision and present evidence at a public hearing after a Class 1 Notice under
s. 985.07, Wis. stats., of the hearing to the town board refuting the determination. Thereafter, the town board may affirm, reverse, or modify its decision. The town board shall recite in writing findings for any decision to modify or reverse its initial determination.
F. If the town board denies two consecutive applications for a Town Driveway Permit or denies two consecutive applications for a Town Highway Access Permit on the same parcel, no subsequent reapplication for a permit of the same type that was denied for that parcel will be considered within ____ months of the second denial of either.
G. Both the Town Driveway Permit and the Town Highway Access Permit are effective for ____ months from the date of issuance. Each permit shall expire after ____ months unless renewed.
H. Each permit may be renewed for an additional period of 6 months. If the driveway or highway access has not been constructed by the end of one 6-month renewal period, a new application and fee must be submitted and approved.
I. The applicant shall notify _______ [designate town official] within 30 days after completion of the construction, reconstruction, rerouting, or alteration of the driveway or highway access. Within 30 days of notification, the town shall conduct an inspection of the driveway or highway access to ensure full compliance with all of the permit conditions and provisions of this ordinance. Upon a determination of completeness and compliance, the town board shall issue a Town Driveway Occupancy Permit.
J. No building permit for any construction of buildings or structures will be issued by the town until the driveway or highway access is constructed, reconstructed, rerouted, or altered according to the specifications of the permit as issued and this ordinance.
K. An application fee that is nonrefundable in an amount determined by a resolution of the town board will be charged for each permit application as follows:
1. Town Driveway Permit Fee $____
2. Town Highway Access Permit $____
L.
The town board, or its designees, shall have the right of inspection onto land pursuant to a warrant issued under
s. 66.0119, Wis. stats., for the purpose of inspecting existing or proposed driveways to determine if the driveways will allow for safe and timely travel by emergency vehicles or vehicles of the general public.
SECTION IX – CONSTRUCTION PLAN OR HIGHWAY ACCESS PLAN
A. The town board may in writing require a driveway construction plan or highway access plan prior to any proposed driveway or highway access construction, reconstruction, rerouting, or alteration. A driveway construction plan is required for any of the following unless the requirement is waived by the town board in writing:
1. Construction of a driveway or segment of a driveway that requires the disturbance of land with a slope of more than _____%.
2. A driveway or segment of a driveway that requires a retaining wall or other special erosion control measure as determined by the town board, town building inspector, or other designated officer and prior to any permit issuance.
3. A driveway that crosses a waterway or has the potential to significantly alter existing drainage patterns or quantity of runoff.
4. Construction or modification of a driveway that necessitates construction or improvement of a bridge or culvert.
5. When the town board in writing requests a driveway construction plan or town highway access plan.
B. A highway access plan is required for all sections of any proposed driveway by the applicant that will enter onto a town highway.
C. If required by the town board or its designee, a driveway construction plan or highway access plan will include a scale plan showing all of the following:
1. Location. The precise location of the driveway or the segment of the driveway for which the driveway construction plan is required, including the width and length of the driveway.
2. Slope. A profile of the driveway route before and after construction showing a maximum finished driveway slope of _____%.
3. Retaining Walls. The location and structure of any retaining walls.
4. Bridges. The location, size, and design calculations of any bridges.
5. Culverts. The location, size, and design calculations of any culverts.
6. Cross-section. Typical cross-sections of the driveway.
7. Erosion Control. Required mulching, matting, or other erosion control.
8. Storm Water Management. Drainage methods engineered for the particular surface type, including location and dimensions of ditches, proper grading technique, projected water handling capability, and water loads at the point of access to the public highway.
9. Other Access Points. The location of any other access points onto the town highway within one mile of the proposed access point.
D. No construction, reconstruction, rerouting, or alteration of a driveway nor construction of a highway access onto a town highway may commence until all of the following conditions are met:
1. The driveway construction plan or highway access plan, if required, is approved by the town board.
2. A Town Driveway Permit is issued by the town, and, if applicable, a Town Highway Access Permit is issued by the town.
3. When applicable, any other necessary approvals are obtained from ________ County or the State of Wisconsin.
4. The town board shall, when applicable, seek review and comment from the local fire chief, or his or her deputies, regarding the proposed driveway and whether the proposed driveway will allow for adequate and timely emergency vehicle access and other equipment access to buildings and structures within the premises.
E. The preparation of a driveway construction plan or a highway access plan does not guarantee the approval of a Driveway Construction Permit or Town Highway Access Permit by the town board.
F. As a condition of any Town Driveway Permit and any Town Highway Access Permit, the driveway and highway access shall be constructed and maintained by the owner or occupant to ensure safe, timely, and proper access and travel by emergency vehicles.
G. The approval of a Town Driveway Permit or Town Highway Access Permit application by the town board does not constitute a determination that the driveway is safe, suitable for use or otherwise passable for vehicles of the general public or emergency vehicles, that public access and travel is authorized, or that the applicant or permittee is in compliance with this ordinance. No person may rely on the issuance of either permit to determine that a driveway, bridge, culvert, or highway access location is fit or safe for any purpose or that any person is in compliance with this ordinance or any State or County laws or ordinance. The town board may require issuance of a Town Driveway Occupancy Permit prior to any determination by the town board that the driveway is fit for timely and safe travel by vehicles of the general public and emergency vehicles and that such travel is authorized. Issuance of a Town Driveway Occupancy Permit does not insure that the driveway will be suitable for use or otherwise passable for emergency vehicles at any time after the date of issuance of the Town Driveway Occupancy Permit.
H. The approval of the Town Driveway Permit, Town Driveway Occupancy Permit, or Town Highway Access Permit application does not establish or commit the town to future approval of any driveway as a public road or highway in the town.
SECTION X – PENALTY PROVISION
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION XI – SEVERABILITY CLAUSE
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XII – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
________ ________, having produced to the undersigned, town clerk of the Town of ________, a receipt showing the payment of $________ to the treasurer of the town, in conformity with an order of the board made on ________ ___, 20__;
This is to certify that in pursuance of the order, a license is granted to ________ ________ to sell at [retail or wholesale] beverages containing less than one-half of one percent of alcohol by volume, on the following described premises: [describe].
This license will expire on ________ ____, 20__, unless sooner revoked.
Dated this ______ day of ________, 20__.
[Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
Whereas, ________ ________, of the Town of ________, ________ County, Wisconsin, has applied to the town board for a license to sell at [retail or wholesale] beverages containing less than one-half of one percent of alcohol by volume to be consumed [on or off] the premises where sold on the following described premises within the town: [describe premises];
It is ordered as follows:
1. That the application for the license applied for be granted, upon payment of the following license fee: $________;
2. That the town clerk sign and deliver the license to each license applicant, upon producing to the clerk a receipt, showing the payment to the town treasurer of the license fee required under this order.
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE
This ordinance is entitled the Town of ________ Manufactured and Mobile Home Community License, Campground License, and Temporary or Seasonal Residence Permit Ordinance.
SECTION II – PURPOSE
The purpose of this ordinance is to regulate by license or permit the installation, maintenance, and parking of mobile homes, manufactured homes, and camping units in the town, the installation, construction, and maintenance of temporary or seasonal dwellings in the town, and the construction, installation, operation, and maintenance of manufactured and mobile home parks and campgrounds in the town to allow the town to monitor the development of property within the town in order to assure the proper assessment and taxation of and assessment of fees upon property within the town and to assure the provision of fire and other emergency services to residents within the town.
SECTION III – AUTHORITY
The town board has the specific authority under
ss. 66.0119,
66.0435,
101.645, and
101.935, Wis. stats., and the town's village powers under
s. 60.22, Wis. stats., to adopt and enforce this ordinance.
SECTION IV – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by license or permit of the installation, maintenance, and parking of mobile homes, manufactured homes, and camping units in the town, the installation, construction, and maintenance of temporary or seasonal dwellings in the town, and the construction, installation, operation, and maintenance of manufactured and mobile home communities and campgrounds in the town.
SECTION V – DEFINITIONS
A. “Campground” means any parcel or tract of land in the town owned by a person, the state, or a local government, that is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or by one to 3 camping units if the parcel or tract of land is represented as a campground.
B. “Camping unit” means any portable device, no more than 400 square feet in area, used in the town as a temporary or seasonal dwelling, including but not limited to a camping trailer, motor home, bus, van, truck, or tent.
C. “Closed construction” means any building, building component, assembly, or system manufactured in such a manner that it cannot be inspected before installation at the building site without disassembly, damage, or destruction.
D. “Manufactured and mobile home community” means a facility in the town where 2 or more of any combination of mobile homes, manufactured homes, manufactured dwellings, or camping units are installed or parked on a parcel for dwelling or sleeping purposes regardless of whether any charge is made for the accommodation, unless waived in writing by the town board.
E. 1. “Manufactured dwelling” means any structure or component of a structure that is intended for use as a dwelling and is any of the following:
a. Of closed construction that is fabricated or assembled on site or off site in manufacturing facilities for installation, connection, or assembly and installation at the building site; or
b. Of open construction that is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation on the building site and for which certification is sought by the manufacturer.
2. “Manufactured dwelling” does not include any of the following:
a. A building of open construction that is not subject to paragraph 1. b.
b. A single- or double-width manufactured home or mobile home.
