Town Of Chase

Ordinance No. 4.0A

Driveway Ordinance

Section 1. Title/Purpose

This ordinance is entitled the Town of Chase Driveway Ordinance.  In this Ordinance the term "driveway"
is defined to mean private driveway, road, field road, or other means of access where travel occurs from a public road (whether by easement or ownership) not considered to be part of the public road for the purpose of gaining access through any part of a private parcel of land or which connects or will connect with any public roadway. The following regulations apply to the construction or modification of private driveways on lands in the Town of Chase.

The primary reasons for the Ordinance include but are not limited to the following:  

       - Provide safe vehicle access to public roadways (ingress/egress).
       - Provide adequate access for emergency vehicles to service improved property and life.
       - Protect public investment of town roads by preventing costly road maintenance.
       - Prevent water drainage and siltation from private driveways onto public roadways.
       - Protect graded ditches and roadsides, and prevent erosion into the Town’s water ways.

Section 2. Authority  

The Town Board of the Town of Chase has the specific authority, powers, and duties pursuant to Section 60.61, 60.62, and 62.23 (1995-96) Wis. Stats. pursuant to the specific statutory sections noted in this ordinance and/or by its adoption of village powers under Section 60.10 to zone certain areas in the Town
of Chase and to regulate, prohibit, and restrict construction, alteration, erection, and enlargement of certain structures and buildings in the Town of Chase and to regulate and control certain uses, activities, businesses and operations in the Town of Chase.

The Town Board of the Town of Chase has been granted village powers pursuant to Section 60.10 Wis. Stats. and the Town meeting dated  July 10, 2006, approved the authority of the Town Board of the Town
of Chase to zone pursuant to Section 60.62 (1995-96) Wis. Stats.
 

Section 3. Variances and Appeals

An Applicant may apply for a variance from the provisions set forth in this Ordinance. Where the Town Board finds that it would be inappropriate to apply literally or that exceptional and unnecessary hardships
may result from strict, literal application of these regulations, it may waive or modify the regulations so that
the public interest may be served, provided that such variation will not have the effect of nullifying the intent and purpose of this Ordinance or be in conflict with state statutes and administrative codes.  A simple
majority vote of the Town Board shall be required to grant any modification or variance and such actions
shall be entered into the minutes of the Town Board meeting setting forth the reasons for the request and the reasons, in judgment of the Board, which justify the variance.
 

Section 4. Adoption of Ordinance  

The Town Board of the Town of Chase has, by adoption of this Ordinance, confirmed the specific statutory authority, powers and duties noted in the specific Sections of this Ordinance and has established by these Sections and this Ordinance the ability to regulate and control certain uses, activities, businesses and operations in the Town of Chase.                                                                                               
 

Section 5. Applicability  

5.1 Driveway Permit.    A Town driveway permit is required for:  

- Construction of a new driveway. Application forms (Attachment A) and information can be
               obtained from the Inspector.

- Improvements, modifications, and reworking of an existing driveway which changes the
              driveway grade or location. Existing driveway surface maintenance does not require a driveway
              permit.

            - Construction of a new residential, commercial, industrial or animal confinement structure to be
               served by an existing driveway.
 

5.2 General Conditions

A.          Any new public or private driveway or any driveway alleged to be existing, road, field road or
              other means of travel through any part of a private parcel of land which connects or will connect
              with any public roadway is subject to the terms of this Ordinance.  

B.          No person shall improve, modify or rework a driveway, with the exception of routine
  maintenance, which changes the existing topography of the land without consulting the Town of
  Chase Inspector to determine the applicability of obtaining a Driveway permit from the Town
  Inspector. Application forms and information can be obtained from the Town Inspector if a
  permit is required.

C.          Any proposed driveway construction, improvement or modification requiring a driveway permit
              shall be accompanied by an erosion control plan presented to the Town Inspector prior to
              the issuance of a driveway permit. An erosion control plan shall include the driveway owner's
              intentions and timing to re-seed, mulch, ditch, place culverts & apron end walls, and carry out
              other erosion control practices which will be accomplished within 90 days after beginning
              driveway construction or modification. If an engineer's plan (detailed site plan) of the driveway
              is prepared, an erosion control plan shall describe practices which are not mentioned or required
              in the engineer's plan.

5.3  Existing Driveways and Field Roads.

When washing or other conditions created by existing driveways or field roads become a potential hazard
to a public road and emergency vehicle access to property, the Town Board or the Inspector will notify
the property owner of the conditions. Any property owner failing to correct such condition within thirty (30) days after notice by the Town Board shall be subject to the penalties of this ordinance and shall also be liable for any costs incurred by the Town to eliminate the hazard as provided in Wis. Stats. 66.60(16).

Existing driveways determined to have a hazard as defined in this Section shall be brought into compliance with the terms of this Ordinance to the extent determined practical by the Town's Inspector.  

A.           Hazards as determined by the Town Inspector, to include but not limited to the following
               mandatory review criteria:

            - Driveway width, height and width clearance, & ingress/egress angle.
 

Section 6. Application Procedures

A.           The applicant must submit to the Building Inspector a completed driveway permit application.

B.           The applicant who may be the owner, agent, contractor, or designee, shall submit a location
               construction plan showing scale, north arrow, lot dimensions, existing and/or proposed
               buildings, driveway location, driveway specifications, including grade, slope, width, length of
               the driveway, culvert location/size, surface and base materials and erosion control procedures.
               The plan must be legible and submitted on an 8.5" by 11", 8.5" by 14", or 11" by 17" sheet of
               paper.

C.          The application and location plan shall be reviewed by the Town Inspector for conformance
              with this Ordinance and all ordinances, rules, regulations, and plans which affect it.  The Town
              Inspector shall, within 15 days from the date of submission of the application and location
              construction plan, approve or deny the issuance of a driveway permit.  

D.           With the approval of the Town Inspector, the driveway permit may allow for the excavation
               of the site to provide for site preparation and to provide fill for the proposed driveway.  

E.            The applicant shall notify the Town Inspector within 7 days of completion of the driveway to
                allow inspection of the driveway per the terms of the approved permit.

Section 7. Minimum Requirements

Authorization for a driveway is subject to the approval of the Chase Town Inspector.  For property with existing structures, if there is no clear evidence, as determined by the Town Inspector and the Oconto County Zoning Administrator, that the driveway has been used during the last 12 months, the town Inspector review process is required. If there is a dispute on the adequacy of an alleged existing driveway, the decision of the Town Board will be the deciding factor.

A.            The following specifications shall apply for town roads:

    Maximum number of units served by a driveway                        1

    Maximum driveway length                                                         1000 feet

    Minimum driveway surface width                                               12 feet

    Minimum width clearance                                                           26 feet

    Minimum height clearance free of trees, wires, etc.                      18 feet

    Maximum grade                                                                         30%
                (grades >20% will require an engineers plan)

    Minimum side yard setback                                                        10 feet

    Angle of entry                                                                            90 degrees

    Culvert diameter minimum                                                          15 inches or equivalent
                                                                                                                  if required

    Apron End Walls                                                                       Required

    Culvert Length                                                                           26 feet

    Site distance                                                                              Consistent with Oconto
                                         County standards

    Others                                                                                       See attached driveway details

    Access to County or State Highways shall conform to County or State Standards.

B.            For a new driveway, at least one 26' in length and 18' in width segment of road surface shall be
                provided for each 300' of driveway length to provide for the safe passage of meeting and
                emergency vehicles. At the dead end of all new driveways, a turnaround radius (minimum) of 25',
                or some other suitable method to allow vehicles to turn around shall be provided as determined by
                the Town Inspector.

C.            The driveway within the area of the public right-of-way shall slope away for a minimum of 10'
                from the public road at a minimum of 1% and a maximum of 5%, or a slight dip across the drive
                shall be placed just before the culvert at the entrance to a public road, or crowning of the driveway
                surface shall be completed to prevent debris from washing onto the public road.  

D.            A new concrete driveway surface shall not extend within the area of public right-of-way.

E.            Construction of a new driveway in accordance to Section 5.1 of this ordinance shall have at
                least four inches (4") of two-inch (2") rock on the roadbed, covered with two inches (2") of
                three-quarter inch (3/4") gravel. Substitution for suitable material can be agreed upon by the
                Town Inspector. A field road, which is a road used only for agricultural purposes and not leading
                to a structure, is exempt from this provision.  

F.             If culverts are required for a new driveway, all applicants at a minimum shall install and cover
                with gravel a Corrugated Metal Pipe (CMP) culvert, minimum 15" diameter or the equivalent,
                26' in length, with apron end walls, at the ditchline unless determined unnecessary by the Town
                Inspector. Examples could be driveway location on the crest of a hill or shallow ditch depth. This
                condition may be waived or modified on showing of hardship or difficulty by the Town Board and,
                in the case of County or State highways, approved by the Oconto County Highway Department
                or district engineer of the Wisconsin Department of Transportation.  Illegal culverts will be removed
                at landowners’ expense.

G.            Construction access to building sites shall be through a single access to minimize ditchline         
                disturbance and control erosion. Pursuant to Section 7(F), a culvert and apron end walls must be
                in place prior to final inspection.  

H.            No land with a grade of more than 30% shall be disturbed for the construction of a new driveway.

I.              An engineer's plan (detailed site plan) showing adequate erosion control and stabilization
                measures is required for any segment of the proposed new driveway which disturbs land with a
                grade of more than 20% and less than 30%.  

J.              For a new driveway, the side banks shall be graded to a slope of no more than one foot (1') of
                vertical rise in each three feet (3') of horizontal distance, except where retaining walls and/or
                other erosion control measures are installed as specified in a detailed site plan approved by the
                Town Inspector.  

K.            Curves in a new driveway shall have an inside radius of no less than thirty-six feet (36').  

L.             Pursuant to section 7(G), banks, slopes, and ditchlines for a new driveway shall be seeded
                 promptly to control erosion.  

M.            Once the construction of the new driveway has begun, all specified erosion controls, including       
                 retaining walls, ditching, culverts and apron end walls, crowning, mulching and matting shall
                 be completed within ninety (90) days.  

N.            All costs of construction of said driveway, including the cost of the culverts, apron end walls,
                and detailed site plan, if necessary, shall be paid by the property owner requesting the permit.

O.            An area 26' in width and 18' in height shall be cleared along the driveway right-of-way in order
                to permit the safe passage of emergency vehicles. In cases where such clearing would be
                environmentally damaging, the Town Inspector will determine if failure to clear will prevent or
                interfere with emergency service or create a safety hazard. A field road not serving a structure is
                exempt from this requirement.                                                                                                

P.             It will also be the responsibility of the owner, agent, or contractor to clean any mud or other
                debris deposited on public town roads, the same day it was deposited. If the applicant or agent
                fails to clean the roads in the required time period, the Town will have it cleaned and charge all
                costs to the applicant.  

Q.            When Town roads are being resurfaced or other work done, driveway culverts may be replaced
     at Town Board discretion. 

R.             The Town will pay for driveway culverts being replaced during road construction. 

S.             All culverts removed from a town right-of-way during construction will become the property of
    the Town.  Used culverts replaced at residents’ expense will be their property. 

T.            Used culverts will be inspected by the Town Board and sold at a cost determined by the Town.
 

Section 8. Requirements for an Engineering Plan (Detailed Site Plan).  

A.            The Town Board may require an engineering plan (detailed site plan) prepared by a licensed
                engineer or person of relevant experience prior to any proposed driveway construction or
                modification. A detailed site plan is required:  

1. For a driveway or segment of a driveway whose construction requires the disturbance of land
                with a slope of more than 20% and less than 30%.  

2. For a driveway or segment of a driveway which requires a retaining wall or other special erosion
                control measure as determined by the Town Inspector.  

B.             The detailed site plan shall include the following:  

1. The precise location of the driveway or segment of driveway which requires a detailed site
                 plan relative to the parcel.  

2. Grade of the driveway showing no segment exceeding 30%.  

3. Location and structure of any retaining walls.  

4. Location and size of any culverts.  

5. Cross section of the driveway.  

6. The required mulching, matting or other erosion control.  

7. Existing and proposed buildings.              

 C.           Construction of a driveway shall not commence until the detailed site plan, if required, is approved
                by the Town Inspector and a town driveway permit is issued and, when applicable, any
                necessary approvals are obtained from Oconto County or the State of Wisconsin.
                (See Wis. Stats. 86.07).  

D.            The preparation of a detailed site plan does not guarantee the approval of a driveway permit
                application.
 

Section 9. Permit Fee 

A driveway permit application and inspection fee, as established by the Chase Town Board, shall be paid to the Town prior to the start of any construction. The applicant must receive a driveway permit prior to receiving a Town Building Permit in accordance with Section 5.1 of this ordinance. No building permit will be issued until an approved driveway is in place.  

The cost of a driveway permit shall be $70.00 or such other amount as is subsequently adopted by the
Town Board.
                                                                               

Section 10. Noncompliance

Any landowner who installs a new driveway, or removes or alters any existing driveway in accordance with Section 5.1 without Town Inspector approval, shall be charged an inspection fee of $150.00 together with any and all costs of repairs, corrections, or restoration. An additional inspection fee of $150.00 will be charged if a second inspection is required. Should the landowner fail to pay the inspection fee and/or repair/correction/restoration costs, said charges will be placed on the tax roll of said landowner.
 

Section 11. Effective Date  

This ordinance shall take effect one day after its passage and publication as provided by law.  This ordinance has passed by vote of the Chase Town Board of Supervisors, Oconto County, Wisconsin, held at the Town Hall, on July 10, 2006.
 

Town Chairperson, Gary Van Lannen

Supervisor, Dennis Kroll

Supervisor, Steven Gohr

Attest: Jeanne Wroblewski, Clerk