1. The work shall be constructed subject to and in accordance with all rules and regulations that may be prescribed by the town board and be performed and completed to the town board's satisfaction.
2. In the case of temporary alterations, the highway shall be restored to its former condition, and the permittee shall be liable to the town for all damages that occur during the progress of or as a result of the work.
3. If any culvert is installed, excavation is made, fill is placed, or other alteration is made in violation of the provisions of this subsection, the highway may be restored to its former condition by the town board.
C.
Whenever any town highway is impassable or unsafe for travel, as determined by the town board, or during the construction or repair of any town highway and until it is ready for traffic, the town board may, pursuant to its oversight authority over town highways under
s. 82.03, Wis. stats., close the highway and keep it closed by maintaining barriers at each end of the closed portion. The barriers shall be of such material and construction and so placed as to indicate that the highway is closed and shall be lighted at night. Persons without lawful authority of the town board, or its designees, shall not remove, take down, alter the position of, destroy, or pass over or beyond any barrier so erected, or travel with any vehicle upon any portion of a highway closed by barriers as provided in this subsection, or walk or travel in any manner upon the materials placed upon the closed highway as part of the repair or construction work.
D. 1. The town board shall procure, erect, and maintain appropriate official traffic-control devices, conforming to the uniform traffic control devices manual adopted by the State of Wisconsin, Department of Transportation under
s. 84.02 (4) (e), Wis. stats. Official traffic-control devices shall be erected and maintained in those locations and in the manner authorized by the town board to give adequate warning to users of the highway in question. The town chair or the town chair's designee shall be responsible for installing, repairing, and maintaining authorized official traffic-control devices.
2. The town clerk shall keep an official traffic-control device file and map located in the town clerk's office. The file shall contain a detailed listing of all authorized traffic-control devices as authorized by town board resolution or ordinance and their location in the town.
E. 1. The town board, or its designee, or any law enforcement officer shall attach to a vehicle parking in violation of this subsection a citation to serve as notice to the owner or operator of the motor vehicle that the vehicle has been parked in violation of this subsection. The penalty for a violation of this subsection shall be a fine of $_____ for the first violation within 24 hours and a fine of $_____ for the second and each subsequent violation within 24 hours. Payment of the fine shall be made to the town clerk in accordance with this ordinance.
2. No person may park at any time any vehicle in any area on any highway in the town designated by the town board by resolution or ordinance and marked by official traffic control devices to be an area for pedestrians or other traffic, or as a “no parking” area.
3. No person may park any vehicle on any highway in the town for the primary purpose of advertising or storage.
4. No person may park any vehicle on any highway other than parallel to the highway within the town, unless angle parking lines have been authorized by the town board by resolution or ordinance for a designated area and the roadway marked accordingly by the proper town officials, in which event angle parking within the marked lines is mandatory.
5. No person may leave any motor vehicle on any highway in the town with the motor running or with any generator unit operating, unless the motor vehicle is occupied or attended by an individual licensed to operate the vehicle. Exceptions to this section may be granted for special or unusual circumstances with permission of a law enforcement officer or the town chair.
6. When so provided by the town board by resolution or ordinance and designated by official traffic-control devices giving notice thereof, no person may park any vehicle for a period in excess of that designated by the resolution or ordinance of the town board during the hours and subject to exceptions designated by the resolution or ordinance of the town board and as specified on the official traffic-control devices placed by the town. Temporary moving of a vehicle for a period of less than ____ minutes or moving the vehicle to a nearby similarly restricted parking area less than ______ [designate distance] from the original parking space shall not relieve a person from a penalty under this subsection.
F.
(Optional) The provisions of
ss. 346.57,
346.58, and
346.59, Wis. stats., relating to the maximum and minimum speed of vehicles, are adopted as part of this ordinance as if fully set forth in this ordinance, except that under
s. 349.11 (3) (c), Wis. stats., the following highways have speed limits that have been modified by the town board as follows: [list].
G. 1. (Optional) The town board, by this ordinance and
s. 349.15, Wis. stats., designates the following town highways in the Town of ________ as class “B” highways subject to the weight limits set forth in
s. 348.16 (2), Wis. stats., unless increased by town ordinance: [
list highways, and affected locations if only parts of highways are affected, specifically describing them].
2. The town chairperson, or his or her designee, shall place appropriate traffic signs on the above-described highways on or before the effective date of this ordinance.
3.
No person may operate any vehicle on the above-noted highways in violation of the weight limits set forth in
s. 348.16 (2), Wis. stats. Each trip in violation of this ordinance constitutes a separate offense.
*
H. 1. (Optional) The town board, by this ordinance and
s. 349.16, Wis. stats., establishes the following special or seasonal weight limits effective for the periods stated below on the following Town of ________ town highways: [list individual town highways, applicable weight limits, and dates weight limits are to be in effect]
2.
The town chairperson, or his or her designee, shall erect signs as required under
s. 349.16 (2), Wis. stats., on or before the effective date of this ordinance.
*
3. No person may operate any vehicle on the above-noted highways in violation of the above-noted weight limits without a written permit issued by the Town Board of the Town of ________. Each trip in violation of this ordinance constitutes a separate offense.**
I.
(Optional) The town board, by this ordinance and
s. 349.17, Wis. stats., designates the following highways as heavy traffic routes and designates the following types of motor vehicles that may be operated on these highways: [list].
J.
(Optional) The town board, being authorized to exercise village powers under
s. 60.22, Wis. stats., pursuant to
ss. 61.35 and
62.23 (6), Wis. stats., has adopted an official town map that describes all town highways, bridges, culverts, and other official town infrastructure and their locations. That map is filed with the town clerk.
K.
(Optional) The town has, under
s. 23.33 (11), Wis. stats., adopted an All-Terrain Vehicle [and Utility Terrain Vehicle] Ordinance that regulates all-terrain vehicles [and utility terrain vehicles] and designates all-terrain vehicle routes and trails in the town. This ordinance and the All-Terrain Vehicle [and Utility Terrain Vehicle] Ordinance have been sent to the State of Wisconsin, Department of Natural Resources, the State Traffic Patrol, and to the following law enforcement agencies, specifically: [list]. The following town highways are so designated as all-terrain vehicle routes: [list]. The town has the authority under the All-Terrain Vehicle [and Utility Terrain Vehicle] Ordinance and this ordinance to enforce provisions of this ordinance against violators.
L.
(Optional) The town has, under
s. 23.335 (21), Wis. stats., adopted an Off-highway Motorcycle Ordinance that regulates off-highway motorcycles and designates off-highway motorcycle routes and trails in the town. This ordinance and the Off-highway Motorcycle Ordinance have been sent to the State of Wisconsin, Department of Natural Resources, the State Traffic Patrol, and to the following law enforcement agencies, specifically: [list]. The following town highways are so designated as off-highway motorcycle routes: [list]. The town has the authority under the Off-highway Motorcycle Ordinance and this ordinance to enforce provisions of this ordinance against violators.
M.
(Optional) The town, pursuant to
s. 350.18 (3) (a), Wis. stats., allows the operation of snowmobiles on a town roadway and shoulder of a highway or any portion of a highway that lies within the boundaries of the town for the purpose of residential access or for the purpose of access from lodging.
N.
(Optional) The town has, under
ss. 86.07 and 86.16, Wis. stats., adopted an ordinance regulating pipes or pipelines that transmit liquid manure within or across rights-of-way of town highways. No pipe or pipeline that transmits liquid manure may be placed or installed within or across the right-of-way of a town highway without issuance by the town of a to the owner of the proposed pipeline of permit for the installation and operation of the pipe or pipeline in conformity with that ordinance.
SECTION VII – PENALTY PROVISION
Except for violations of Section VI, subsections A and E, 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 VIII – SEVERABILITY
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 IX – 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]
Note: Sign placement is governed by the Manual on Uniform Traffic Control Devices authorized under
s. 84.02 (4) (e), Wis. stats. The manual may be accessed at the Department of Transportation website at:
Note: See also the form: 349.16 * Permit for overweight vehicles.
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, 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, resolves and orders as follows:
A privilege is authorized to ________ ________, as applicant, to place the following obstruction or excavation within a Town of ________ highway at the following location: [name highway, describe location on the highway, and describe type of obstruction or excavation and its proposed use].
The privilege granted to ________ ________, as applicant, to place the above-described obstruction or excavation within a town highway is subject to all of the following conditions:
A. The applicant assumes primary liability for damages to persons or property by reason of the granting of the privilege.
B. The applicant is obligated to remove the obstruction or excavation upon 10 days' written notice by the town board or its agents.
C. The applicant waives the right to contest in any manner the privilege or its revocation, or the amount of compensation charged the applicant by the town.
D. The applicant is required to file with the town board a bond that does not exceed $10,000 that reverts to the town and to any third parties that may be required to secure the performance of the conditions specified.
E. The applicant is required to pay compensation into the general fund of the town in the amount of $________.
F. The applicant is not entitled to any damages from the town, its officers, officials, agents, or employees for removal of the obstruction or excavation, and if the applicant, as holder of the privilege, does not remove the obstruction or excavation upon notice by the town, it shall be removed by the town at the expense of the applicant.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note:
Sections 86.07 and
86.16, Wis. stats., authorize towns to authorize and regulate liquid manure pipelines in and across highway rights-of-way. The Wisconsin Towns Association has developed a sample ordinance and a sample permit form for the regulation and permitting of pipes and pipelines that transmit liquid manure within or across the right-of-way of a highway. Electronic copies of the sample ordinance and sample permit may be found in the Ordinances and Resolutions section of the Information Library of the Towns Association website at:
If an ordinance specifically regulating liquid manure pipes and pipelines is adopted, those pipes and pipelines would be permitted under the pipe and pipeline ordinance rather than as a privilege in a highway as set forth in the above ordinance.
If the town has adopted a Road Use and Motor Vehicle Control Ordinance using the following form, consider adding to the ordinance the optional Section VI, Subsection N, contained in that form:
(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 AND PURPOSE
The title of this ordinance is the Town of ________ Driveway and Highway Access Permit Ordinance. The purpose is to regulate, for public health and safety reasons, the establishment, repair, construction, improvement, modification, and reconstruction of private driveways, to assure that the methods of repair, construction, improvement, modification, and reconstruction practices used in any driveway will protect properly the public health, safety, and general welfare of persons in the Town of ________, and to limit and regulate highway access by motor vehicles to any town highway in the town. This is not a town zoning ordinance.
SECTION II – AUTHORITY
The town board has the specific authority under
ss. 66.0425 and
86.07, Wis. stats., to adopt a town highway access permit ordinance, and has the general authority under its village powers under
s. 60.22, Wis. stats., to adopt this ordinance.
SECTION III – 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 permit of certain driveways and highway access locations in the town.
SECTION IV – DEFINITIONS
In this ordinance:
A. “Driveway” means any private way, private road, or other avenue of private travel that runs through any part of a private parcel of land that connects or will connect with any public highway, and will provide vehicular access from the highway to a residence, business, recreational site, or other similarly appropriate use.
B. “Emergency vehicle” means any fire, police, ambulance, or first responder vehicle used in emergency or hazard activities in the town.
C. “Impacted landowner” means an owner of real estate that is provided vehicular access to a public highway by a driveway determined to be unsafe.
D. “Prime or productive agricultural or forestry land” means any land within the town that is currently being farmed or kept in forestry, including cropland and pastureland, or land that is included in a government sponsored agricultural or forestry program.
E. “Town” means the Town of ________, ________ County, Wisconsin.
F. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes any designee of the board authorized to act for the board.
G. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
H. “Wis. stats.” means the Wisconsin Statutes, including successor provisions to cited statutes.
SECTION V - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI – COVERAGE
A. No person may establish or construct a driveway or reconstruct, reroute, or alter the existing slope of any existing driveway or any town or other highway or highway right-of-way in the town in relation to the connection of the highway or highway right-of-way to a driveway, whether new or previously existing, without first obtaining a Town Driveway Permit to be issued by the town board.
B. No person may establish or construct a driveway or reconstruct, reroute, or alter any highway access onto a town highway without first obtaining a Town Highway Access Permit to be issued by the town board.
C. Any person prior to and at the time of seeking a Town Driveway Permit or a Town Highway Access Permit must own or have a legal interest in and current legal access to the land to which the permit(s) will apply.
D. 1. Commencing 6 months after the effective date of this ordinance and upon receipt of written notice from the town, no landowner may maintain or use, or allow the maintenance or use of, any existing driveway on the landowner's land for general public or emergency vehicle access to and from a residential dwelling in the town if the driveway, for any structural, location, or design reasons, has been determined by the town board, or its agents, in writing to substantially limit or negate safe and timely vehicle access and travel of general public or emergency vehicles to and from the residential dwellings served by the driveway.
2.
The town board shall serve upon any potentially impacted landowner a copy of its written determination under paragraph 1 that a driveway substantially limits or negates safe and timely vehicle access and travel of general public or emergency vehicles to and from the residential dwellings served by the driveway. The determination of the town board shall not be final until a public hearing before the town board has been held. The town board shall publish a class 2 notice, under
s. 985.07, Wis. stats., of the public hearing.
3. A copy of the town board's written determination and notice of the public hearing on the town board's determination shall be served by registered or certified mail on any potentially impacted landowner within 20 days of the making of the written determination and at least 10 days prior to the hearing date. The notice shall include the names of all potentially impacted landowners and the location of the subject driveway in the town. The notice may specifically contain a warning that, due to the existing condition of the driveway, emergency vehicle access to the dwellings served by the subject driveway may not be possible.
4. Any potentially impacted landowner may provide at the public hearing evidence regarding access provided by and the condition of the driveway. Any potentially impacted landowner may be represented by legal counsel at the public hearing and may present witnesses and cross-examine witnesses presented by the town board. All witnesses testifying before the town board shall be under oath. No person testifying before the hearing shall vote as a member of the town board in making a final determination regarding the subject driveway.
5. The town board, at or after the hearing, may order any of the following:
a. That the town attorney seek a court order providing that the driveway be closed for general vehicle traffic use, but not closed to emergency vehicle use, until the driveway is structurally designed and reconstructed to allow for safe and timely general public and emergency vehicle access to and from the residential dwellings served by the driveway.
