|
4.01 DEFINITIONS
In this Ordinance, the following words and phrases shall have the
designated meaning unless a different meaning is expressly provided or
the context clearly indicates a different meaning:
Board The Town Board of the Town of Springfield
Certified Survey Map A map of land division, not a
subdivision, prepared in accordance with Section 236.34 of the
Wisconsin Statutes and in full compliance with the applicable
provision of this chapter. A certified survey map has the same legal
force and effect as a subdivision map.
Clerk-Treasurer The Town of Springfield Clerk-Treasurer.
Town Engineer A firm or individual designated by the Town
Board to advise the Town Board on a particular project; if the Town
Board des not designate an engineer, the term shall be defined to
mean the Town Board.
Land(s) Any real estate or interest in real estate.
Plan Commission The Town of Springfield Plan Commission
Lot A land area of thirty five acres or less.
Parcel Contiguous lands under the control of a subdivider or
subdividers not separated by streets, highway or railroad
rights-of-way.
Plan A map or sketch of a proposed road prepared in
conformity to the requirements of Chs. 80-86, Wis. Stats.
Public Way Any public road, street, highway, walkway,
drainage way, or part thereof.
Street, Road, Highway A public way for pedestrian and
vehicular traffic whether designated as a street, highway, road,
land, way, avenue or however otherwise designated.
(a) Arterial Streets and Highways Those streets which
provide rapid movement of concentrated volumes of traffic over
relatively long distances. They provide principally for movement of
persons and goods between high activity area.
1. Principal Arterials Those streets serving the major
interstate corridors and corridors which connect major cities and
regions. These routes provide the highest level of mobility and form
a continuous system with constant operating conditions under a high
degree of access control.
2. Primary Arterials Those streets serving long trips
between important cities and the major intra community corridors
within the metropolitan area. These routes provide for a high degree
of mobility under a high degree of access control.
3. Standard arterials Streets which more commonly provide
for intermediate length trips, thus serving through traffic movement
in trade areas, or feeding traffic to the primary and principal
arterials from lower activity area not served by such routes.
(b) Collector Streets Those streets which provide moderate
speed movement of persons and goods within large areas. They are
basically local streets which usually, because of more directness of
routing and higher capacity than other local streets, receive higher
volumes of traffic to be distributed from or collected toward nearby
arterial streets.
1. Connector Streets Those streets which perform a
semi-arterial function as well as serving as distribution and land
access streets.
2. Distributor Streets Those streets which perform the
function of gathering and distributing traffic from and to the local
streets and adjacent lands.
(c) Local Streets Those streets which are designed for low
speeds and volumes and are to provide access from low-generation
land activities to the collector and arterial systems.
(d) Marginal Access Streets Those streets which are
parallel and adjacent to arterial streets and highway and which
provide access to abutting properties and protection from through
traffic.
(e) Alleys Streets which provide secondary means of access
for vehicular services to the back or side of property otherwise
abutting a street.
(f) Cul-de-sac Streets closed at one end with turnarounds.
(g) Dead-end streets Streets closed a one end without
turnarounds.
(12) Subdivision A division of a parcel of land where the
act of division creates either:
(a) Five or more lots, parcels or building sites of 35 acres each or
less in area; or
(b) Five or more lots, parcels or building sites of 35 acres each
or less in area by successive divisions within a period of five
years.
Town The Town of Springfield, Dane County, Wisconsin
4.02 STREETS AND ROADS REGULATED; PENALTIES
No person, firm, corporation, partnership, or legal entity of any
kind shall construct, establish or maintain any street, highway or
road, nor shall such be laid out or improvements made to land
without compliance with all requirements of this ordinance and with
all of the following:
(1) The provisions of Chapter 79 of the Dane County Ordinances
regarding County highway access.
(2) The rules of the Wisconsin Department of Transportation and the
Dane County Department of Transportation relating to safety of access
and the preservation of the public interest and investment in the
highway system if the land owned or controlled by the Builder abuts on a
state or county trunk highway, respectively, or a connecting street,
including, but not limited to, minimum width regulations.
(3) All applicable Town land use plans, as adopted under sec. 60.61
of the Wisconsin Statutes, zoning ordinances, official maps, and any
other ordinances and regulations.
4.03 APPLICATION FOR APPROVAL OF ROAD OR STREET.
(1) Every person or party proposing to construct a road or street
shall submit a written application for approval of the same to the
Town. No separate application shall be required if the road or
street is proposed as part of a proposed plat or certified survey
map, but the roads and streets in plats or certified survey maps
shall conform to the requirements of the Land Division ordinance and
this ordinance.
The application shall be accompanied by a scale map prepared by a
surveyor which shows the location and design of the proposed road or
street. The application shall also specify the proposed name of the
road or street, the parties responsible for construction of the road
or street, and the anticipated schedule of construction of the road.
Before any proposed road or street is approved, the applicant
shall enter into a development agreement with the Town wherein the
applicant agrees to construct the road or street eighteen (18)
months of the date that the application is approved. All required
improvements in the plat shall be completed prior to occupancy of
any structure served by the road. The Town Board may allow phased
construction of streets or roads.
The Town Board shall review the proposed street or road, the
plans therefor, the proposed security for the improvements, and the
development agreement. The town may require the applicant to provide
additional information necessary, in the judgment of the Town, to
property review the application.
The Town Board may approve, reject or modify the application, and
shall give the applicant due notice of its action.
4.04 SECURITY FOR COMPLETION OF CONSTRUCTION.
At the time the development agreement is executed, the Builder
shall file a bond, certificate of deposit, irrevocable letter of
credit, or certified check, in such form as is acceptable to the
Board and approved by the Town Attorney, with the Town in an amount
equal to one hundred twenty five percent (125%) of the estimated
cost of the required improvements as determined by the Town
Engineer. Such deposit shall guarantee that such improvements will
be completed according to Town Specifications by the Builder or its
contractors not later than eighteen (18) months from the date that
the application is approved or, where staging is permitted, that
each stage will be completed by the date specified in the
installation and completion schedule. Such security shall be held by
the Town and either released or used in the manner specified in this
ordinance. The provision of security by the applicant shall not
release the applicant from its obligations under the development
agreement nor prejudice the right of the Town to recover the full
cost of completion of the improvements if the applicant fails to
complete the same.
The State of Wisconsin, Dane County and a City, Village or Town
of Dane County may, in lieu of the bond or security provisions of
this ordinance, may file a resolution duly adopted by such
governmental unit agreeing to comply with the provisions of this
section.
4.05 CONSTRUCTION IN PHASES. The applicant may elect, with
the approval of the Town board, to install the improvements in
phases, provided that:
The phases are specified in the development agreement for the
road or street.
Improvements constructed during the first, and each subsequent,
stage, of construction shall not be accepted nor shall any occupancy
permits be issued within the completed area of the subdivision or
development until the security required for the next stage of
construction has been posted with the Town.
The applicant shall record deed restrictions reviewed by the Town
(or its designated representative) which specify that the lots
included in future construction phases shall not be conveyed,
transferred or sold unless the Town’s approval is obtained.
Erosion control plans and measures submitted and approved shall
address the erosion problems posed by the construction of the
project in phases.
4.06 RESERVATION AND DEDICATION OF LAND.
All or any part of a street, an arterial street, drainage way or
other public way which has
been approved by the Town shall be dedicated to the public by the
applicant in the locations and dimensions indicated on the plan or
map approved by the Town. The Town hereby finds that dedication of
the land underlying streets or roads is a reasonable and necessary
condition for the Town’s agreement, by accepting said road or
street, to maintain the same for the welfare of the public.
All roads in the Town of Springfield shall be four (4) rods in
width of right-of-way. Any road which was originally constructed
with less than four rods of right-of-way shall be widened to four
rods during any complete reconstruction of the road.
Every developer shall, as a condition of the Town’s acceptance of
a road, warrant the road to be in suitable condition, good repair
and free of defects, excluding ordinary wear, for a period of one
(1) year from the date it is accepted for dedication. The security
provided by the developer pursuant to section 4.04 of this Code
shall remain in effect until the expiration of the warranty period
at which time the Town Board would authorize the release of the
letter of credit, certificate of deposit or other security.
4.07 STREET ARRANGEMENT.
The street layout shall conform to the arrangement, width and
location indicated on any official map, land use plan or component
neighborhood development plan of the Town. In areas for which plans
have not been completed, the street layout shall recognize the
functional classification of the various types of streets and shall
be developed and located in proper relation to existing and proposed
streets, to the topography, to such natural features as streams and
tree growth, to public convenience and safety, to the proposed use
of the land to be served by such streets, and to the most
advantageous development of adjoining areas.
(a) Arterial Streets shall be arranged so as to provide
ready access to centers of employment, centers of governmental
activity, community shopping areas, community recreation and points
beyond the boundaries of the community. They shall also be properly
integrated with and related to the existing and proposed system of
major streets and highways and shall be, insofar as practicable,
continuous and in alignment with existing or planned streets with
which they connect.
(b) Collector Streets shall be arranged so as to provide
ready collection of traffic from residential areas and conveyance of
this traffic to the major street and highway system and shall be
properly related to the mass transportation system, to special
traffic generators such as schools, churches, shopping centers and
other concentrations of population, and to the major streets into
which they feed.
(c) Local Streets shall be arranged to conform to the
topography, to discourage use by through traffic, to permit the
design of efficient storm and sanitary sewerage systems, and to
require the minimum street area necessary to provide safe and
convenient access to abutting property.
(d) Proposed Streets shall extend to the boundary lines of
the tract being subdivided unless prevented by topography or other
physical conditions or unless, in the opinion of the Town Board,
such extension is not necessary or desirable for the coordination of
the layout of the subdivision or for the advantageous development of
the adjacent tracts. Temporary turnarounds shall be required where
the street ends at the boundary of the subdivision. The road right
of way shall continue to the adjacent lands and connect to roads
constructed on such lands if approved by the Town Board.
(e) Arterial and Highway Protection. Whenever the proposed
subdivision contains or is adjacent to a major highway, adequate
protection of residential properties, limitation of access and
separation of through and local traffic shall be provided by
reversed frontage, with screen plantings contained in a non-access
reservation along the rear property line, or by the use of frontage
streets.
(f) Reserve Strips controlling access to roads or highways
are prohibited except where control of such strips is placed with
the Town under conditions approved by the Town Board.
4.08 STREET NAMES AND NUMBERING
Street names and building numbers shall be assigned in accordance
with the provisions of Chapter 76 of the Dane County Ordinances.
The following designations shall be used only in the situations
indicated:
a. Lane - a street, one block long, not ending in a cul-de-sac.
b. Circle - a cul-de-sac of nine lots or more.
c. Court - a cul-de-sac of eight lots or less.
4.09 STREET DESIGN STANDARDS
Minimum Right of Way. The minimum right-of-way for all
proposed streets and roads shall be 66 feet or such other width as
is specified by the Town land use plan, official map or neighborhood
development study; or if no width is specified therein, the minimum
widths shall be 66 feet.
Cul-de-Sac Streets. All cul-de-sac streets shall conform to
the following standards:
Streets designed to have one end permanently closed shall not
exceed 1,600 feet in length.
Except as provided in Section 6.08 (4)(2)3, streets which are
designed to have one end permanently closed shall terminate in a
circular turnaround having a minimum right of way diameter of
150 feet, and a minimum paved diameter of 100 feet. The reverse
curve on a cul-de-sac shall have a 100 foot minimum radius
when the bulb is centered on the street and 100 foot minimum
radius when the bulb is offset.
In areas zoned B-1, B-2, C-1, C-2, Industrial or other
commercial zone, all streets which are designed to have one end
permanently closed, shall terminate in a circular turnaround
having a minimum right-of-way of 175 feet, and a minimum paved
diameter of 120 feet.
The land surrounding the cul-de-sac bulb ends shall be
divided into a minimum of four lots. The land surrounding the
bulb shall be defined as the land which fronts on the curved
portion of the bulb to and including a line drawn perpendicular
from the point where the curve of the bulb begins.
Street Grades and Radii of Curvature. Unless necessitated by
exceptional topography and subject to the approval of the Town, the
street grades and radii of curvature shall conform to the Design
Standard in the Dane County Subdivision Ordinance and the Town Road
Ordinance. In the event of a conflict between the County and Town
standards, the Town shall determine which standard shall be applied,
on the basis of which standard is best suited to the estimated
traffic load of the proposed road.
Ditches shall be constructed whenever storm sewers are not
required by the Town Board.
(a) Roadside ditches shall not exceed 10% of grade nor have less
than a 1% grade. The maximum ditch capacity for a 5-year intensity
storm shall be not more than the values tabulated as follows:
Ditch Grade % Q (c.f.s.)1
|
| 1 |
2.34 |
| 2 |
3.78 |
| 3 |
4.14 |
| 4 |
4.86 |
| 5 |
5.22 |
| 6 |
5.76 |
| 7 |
6.30 |
| 8 |
6.84 |
| 9 |
7.20 |
| 10 |
7.74 |
(b) Ditches shall be restored with 4" topsoil, fertilizing,
seeding and mulching in accordance with the current Standard
Specifications for Road and Bridge Construction, State of
Wisconsin Department of Transportation.
___________________
1 Quantity (cubic feet per second).
(c) Where ditches are required, streets shall be constructed as
indicated in Figure 1.
All roads in the Town of Springfield shall be constructed
according to the specifications stated in this section, as depicted
in figure 2.
FIGURE 2. TYPICAL ROAD
(a) All roads shall have a bituminous paved surface.
(b) The paved surface shall be at least 22 feet wide with 3-foot
wide aggregate shoulders and roadside ditches with a minimum of two
feet in depth. The road shall have a gravel base at least 10 inches
in depth. The pavement shall be laid in a binder course of asphalt
which is at least 2 inches in thickness.
(c) The final course of a street serving residential property
shall be at least one and one-half inches thick with TAC coat to the
road base. In a commercial zone, the final course shall be two
inches thick. The final course shall be applied within ninety (90)
days of the occupancy of the sale of the last lot served by the
road. A lot shall be deemed to have "occupancy" when a structure on
the lot may lawfully be sold and inhabited, regardless of whether or
not that lot is sold or construction is commenced. Prior to laying
of the TAC coat on surface course, the builder shall cause any
cracks or other defects in the binder base course to be filled
and/or patched.
(d) All areas which are disturbed in the course of construction
shall be fertilized, seeded and mulched. The Town may require
sodding of surfaces which have a slope of more that 2:1 or are
otherwise susceptible to erosion.
The work for road construction shall be inspected by the Town as
described in this paragraph. The Town shall inspect the road when
subgrade is prepared; after the aggregate base course is installed
but before the binder course is laid; after the binder course has
been laid; before top course is laid, and, after completion of the
entire road. The road’s builder shall reimburse the Town for all
fees incurred by the Town to perform these inspections.
Upon approval by the Town of the completed road, the builder
shall dedicate, by appropriate deed, a 66-foot side strip of real
estate whose central line is the newly constructed road.
4.10 STREET/ROAD SIGNS COSTS.
The Builder shall be responsible for the initial cost of the
street/road signs for new roads. The Town will order and install the
signs after construction of the subdivision roads. The Builder will
be billed for the cost and installation. The Builder will also be
responsible for payment of any signing fees imposed on the Town by
the County or other authority. Payment will be required prior to
issuing any building permits.
4.11 WAIVER
Where, in the judgment of the Town Board, it would be
inappropriate to apply the provisions of this Ordinance to a
proposed street or road because extraordinary or undue hardship
resulting from the characteristics of the land would result, the
Town Board may waive or modify any requirement of this ordinance,
but only to the extent a waiver is found to be just and proper. The
Town Board shall grant such relief only where it will not be
detrimental to the public good, impair the intent and purpose of
this ordinance, or impair the desirable general development of the
community in accordance with the land use plan. Any applicant who
requests a waiver of a provisions of this ordinance shall make a
written application for a waiver and file the application with the
Town Clerk-Treasurer. The Town Board shall hold a public hearing on
the application not less than 10 days nor more than 45 days after
the date on which the request is filed. The Town Clerk-Treasurer
shall mail a notice of the hearing to all adjacent landowners and to
the County Highway Department. The waiver application shall state
the basis for the application and the specific hardship which is
claimed to exist. Any waiver, exception, or variance which is
granted pursuant to this section shall be made in writing, shall
state the reasons which justified it, and shall be filed with the
Town Clerk-Treasurer.
4.12 REQUIRED IMPROVEMENTS PROCEDURE
PLANS AND CONSTRUCTION SPECIFICATIONS. Prior to commencing
construction of any required improvement, the applicant shall
prepare construction plans and specifications and submit them to the
Town Engineer or designee for review and approval. The Town Engineer
may require the submission of the following plans and accompanying
construction specifications before authorizing construction or
installation of the improvements:
(a) Street plans and profiles showing existing and proposed
grades, elevations and cross sections of required improvements.
(b) Storm water and surface water drainage plans.
(c) Such additional plans or information as may be required by the
Town Engineer.
(d) Plans and specification for all utilities and underground
facilities.
PRIVATE CONTRACTS. The Builder shall engage one general
contractor whose qualifications have been approved by the Board for
each major phase of construction (grading, utilities, streets) or
one general contractor for a contract which includes more than one phase of construction.
SCHEDULING. All scheduling of the contemplated improvements shall
be approved by the Town Engineer. Construction may not be commenced
on any phase of construction until all approvals and conditional
requirements are satisfied and a copy of the private contract has
been filed with and approved by the Board. Construction shall not
proceed until all State of Wisconsin approvals are granted.
STREET GRADING
(a) The Builder shall furnish standard drawings which indicate
the existing and proposed grades of streets shown on the plan, and
after review of design engineering work on the streets by the Town
Engineer and approval of street grades by the Board, the applicant
shall grade or cause to be graded the full width of the right of way
of the streets proposed to be dedicated, including the vision
clearance triangle on corner lots. In those cases where existing
street right of way is made a part of the applicant’s plan or abuts
the area included in the plan, he/she shall grade or cause to be
graded that portion of the right of way between the existing
pavement and the property line. The bed for the roadways in the
street right of way shall be graded to sub-grade elevation. The Town
Engineer shall inspect the proposed street before grading and
approve all grading within right of way. The street grading shall
extend for a sufficient distance beyond the right of way to insure
that the established grade will be preserved. The grading of rights
of way for principal and primary arterials shall only be required
where necessary to provide access to the streets or lots in the
plan. Lots which abut principal and primary arterials shall be
graded to proposed street grade or to a grade approved by the Town
Engineer prior to the sale of affected properties.
(b) The Builder shall engage a licensed professional engineer to
set sub-base grade in accordance with approved centerline grade and
cross section; and to set grades necessary to comply with other
grading requirements, including vision clearance on corner lots,
centerline and lot line grades for green ways, terrace grading for
abutting streets and other required grades. The grading program
shall consist of the following elements:
1. The stripping and removal of all topsoil, debris and
vegetation within the street right of way.
2. Grading of full street right of way to a tolerance of 0 to
0.2 feet below proposed centerline grade. Fill sections shall be
constructed of approved materials, which do not include topsoil,
debris, vegetation, etc.
3. Grading beyond right of way to insure that the established
grade will be preserved.
4. Grading of vision clearance triangle on corner lots
(Maximum embankment of three (3) free above curb elevation
within a triangle formed by two intersection street line or
their projections and a line joining points on such street lines
located 25 feet from the street intersection).
5. Where the public green way is included in the project the
Builder is responsible for an acceptable continuous drainage way
in the green way as determined by the Town Engineer.
6. All additional grading, where applicable of lots abutting
green ways, terraces of streets abutting plat, public easements
for sanitary sewer and sidewalk, and other requirements of
ordinances and special conditions of plat approval. There shall
be a plan for disposal of any surplus soil or earth.
7. Where a natural drainage way exists which has acceptable
hydraulic capacities including alignment and grade as determined
by the Town Engineer, construction will not be required and the
existing natural growth shall be preserved. When such natural
growth is not preserved by action of the applicant or his/her
agent, he/she shall be responsible for repairing the disturbed
areas by sodding. However, in certain locations, as determined
by the Town Engineer, where the hydraulic capacities including
alignment and grade are not acceptable, then such alignment,
grade and slopes shall be improved by the applicant to the
interim minimum requirements of a ten-foot wide ditch bottom
with four to one side slopes, all to be seeded.
(c) The applicant shall install permanent pipes or culverts at a
grade designated by the Town Engineer under all streets crossing a
green way or drainage way. Said installation shall be in accordance
with the Standard Specifications for Road and Bridge Construction of
the Department of Transportation of the State of Wisconsin. All
costs of the installation shall be the responsibility of the
applicant. The permanent pipe or culvert shall not be installed
prior to the installation of a street crossing a green way unless
done pursuant to written agreement between the Engineer and the
applicant. Culverts required across intersections for temporary
street drainage, shall be furnished and installed by the Builder at
his expense. All temporary culverts installed by the Builder shall
be completely removed when the streets are constructed to standards
and the area restored to as near to original condition as possible
as determined by the Town Engineer.
(d) All ditching and culvert installation shall be done in strict
accordance with grades approved by the Engineer. The applicant’s
engineer shall be responsible for setting all required grades in the
field for construction purposes.
STREET CONSTRUCTION. After completion of the underground
utilities and approval thereof, the streets shall be constructed.
CHANGE ORDERS. When extra work not specified in the contract is
required to
complete the project, the Town will notify the Builder or his/her
engineering representative. No extra work shall proceed until the
Builder or his/her representative has entered into a written
agreement for the additional work.
EROSION CONTROL. The applicant shall take all steps necessary to
prevent the erosion, siltation, sedimentation, washing and blowing
of dirt and debris caused by grading, excavations open cuts, side
slopes, and other activities by the applicant or his/her
contractors. Reasonable methods of control shall include, but not be
limited to, seeding and mulching, sodding, berm construction, pond
construction, and watering. In such cases where the method of
control has failed, the builder shall clean up the materials which
have been displaced prior to construction of additional
improvements. Plans for erosion control shall be submitted to the
Town Engineer for review and approval before any land surface
disturbances are made. The Engineer’s decision may be appealed to
the Board.
FLOOD PLAIN/SHORE LAND. All provisions of Dane County Ordinances
relating to flood plain and SHORE LAND zoning are incorporated
herein and adopted by reference.
INSPECTION. Prior to commencing any work within the subdivision,
the applicant shall make arrangements with the Town Engineer to
provide for adequate inspection. The Town Engineer shall inspect and
approve all completed work prior to acceptance of the road or any
release of the securities deposited pursuant to this Ordinance.
4.13 ACCEPTANCE OF IMPROVEMENTS
After the applicant has installed all required improvements,
he/she shall notify the Town Engineer in writing that the work is
complete and ready for final inspection. The Town Engineer shall
inspect the improvements and forward a letter to the applicant
indicating his/her approval or disapproval. When the improvements
have been approved by the Town Engineer, the Clerk-Treasurer will
prepare a final billing for engineering, inspection and legal fees
and submit it to the applicant for payment. In addition, the
applicant and all general contractors shall file lien waivers or
affidavits, in a form acceptable to the Town and approved by the
Town Attorney, evidencing that there are no claims, actions or
demands for damages, based upon contract or tort arising out of or
in any way related to the project and that no monies are owed to any
surveyor, mechanic, sub-contractor, material man or laborer.
Resolution When the engineering, inspection, and legal fees
have been paid and when the necessary lien waivers and affidavits
have been filed, a resolution accepting the project will be prepared
and presented to the Town Board.
Security Release The security furnished pursuant to Section
4.04(1) shall remain in full force for a period of one year after
the completion of the project and acceptance by the
Board unless partially released as hereinafter provided. The
security shall be held to guarantee the work performed pursuant to
private contracts against defects in workmanship and materials. If
any defect appears during the period of the guarantee, the applicant
or its contractor shall, at its expense, install replacements or
perform acceptable repairs. In the event that the applicant fails to
install the replacement or perform the repairs, the Town may do so
and deduct the cost thereof from the security deposit. Unless
defects have appeared and have not been repaired, the Town shall
release the security to the applicant upon expiration of the one
year guarantee period.
ENGINEERING, INSPECTION AND ATTORNEY FEES
(a) The applicant shall pay all engineering, inspection,
consulting and legal fees incurred by the Town for services
performed by or on behalf of the Town in conjunction with the
design, inspection and review of any application for approval of a
road, with the drafting of legal documents, and with such
inspections as the Town Engineer deems necessary to assure that the
construction of the required improvements is in compliance with the
plans, specifications and ordinances of the Town or any other
governmental authority. Consulting, engineering, inspection and
legal fees shall be the actual costs to the Town on the basis of
submitted invoices plus twice (2x) the actual payroll costs for time
spent by any employees of the Town. Such fees may be billed monthly,
or upon completion of the project as determined by the Board.
(b) To guarantee payment of the engineering, inspection and
attorneys fees, the applicant shall deposit the sum of $1,000.00
plus $100.00 for each lot or parcel served by the road with the Town
Clerk-Treasurer at the time that the application for approval is
first filed. If such fees are paid timely, the deposit will be
refunded at the time that the road is accepted by the Town. In the
event that the applicant fails to pay such fees within fourteen (14)
days of the time when the Town submits its bill therefore, the Town
may deduct the amount of such fees from the security deposit.
4.14 OFFENSES AND PENALTIES.
No residential lot served by the road may be occupied until the
binder course provided for in this Ordinance has been installed and
approved by the Town. The Town shall not issue any building permit
for any structure served by the road until the road binder course
has been completed and approved.
No person may deposit, place or leave any materials, or plant
vegetation, on a Town road, within the right-of-way of the road, or
in the ditches of a town road, which materials obstruct the use of
the road, render the surface slippery or hazardous, or which may
damage persons or property. This prohibition shall include, but not
be limited to: glass, garbage, gravel, stones, machinery, cans, or
other material, but shall not include salt, sand, calcium chloride
or other materials used in maintenance of Town roads.
No person may plant, maintain or permit vegetation or plants on
any private premises
adjacent to a highway which obstructs the view of the operator of
a motor vehicle approaching an intersection, or which obscures or
conceals any traffic sign on a Town road. Every person shall
endeavor to reasonable trim, cut and otherwise prevent vegetation or
plants from obstructing visibility at intersections or of signs.
No person may build or reconstruct a fence or any other structure
within the thirty three feet (33') of right-of-way of a Town road,
measured from the centerline of said road. Any fence which existed
prior to the construction of the road may be maintained, but may not
be replaced.
No person may cultivate, crop, or otherwise work any land located
within the right-of-way of a Town road, including the planting of
trees.
(6) No person may, by operation of a motor vehicle, spillage of
chemicals, operation of machinery or other action, damage a Town
road.
(7) Any person, firm, or corporation who fails to comply with the
provisions of this ordinance shall, upon conviction thereof, forfeit
not less than One Hundred Dollars ($100) nor more than One Thousand
Dollars ($1,000) plus all applicable assessments and the costs of
prosecution of each violation. Each day a violation exists or
continues shall constitute a separate offense.
(8) Every violation of this ordinance is declared to be a public
nuisance. In addition to the penalties provided in this ordinance,
the Town may abate such a nuisance. The Town shall give written
notice to the landowner or person who is in violation of the
ordinance giving the person a reasonable time to correct the
violation. In the event the violation is not corrected, the Town may
take such action within its right-of-way as is necessary to abate
the nuisance, including removal of any material which is encroaching
upon or obstructing the right-of-way, or trimming of vegetation
which is intruding on the right-of-way. The Town may charge the
responsible party for the cost of abating the nuisance, and if said
charges are unpaid, assess them against the violator’s property as a
special charge.
(9) In addition to the other remedies herein, the Town may
commence an action for injunctive relief against an alleged violator
seeking to compel the violator to cease and desist from violating
this Ordinance.
(10) Charges for removal of obstructions, litter, debris or
material from highway. The Town’s highway patrol employee may order
the person or persons responsible for placing obstructions, litter,
material or debris on a Town highway to remove the same. If the
person responsible fails to remove the obstructions, litter,
material or debris within twenty four (24) hours, the Town may
remove the same. The Town may charge the responsible person or
persons for the cost of the removal by sending an invoice to the
last-known address of the responsible person or persons. If the
responsible person or persons do not pay the charges before the 15th
day of September, the unpaid charges shall be levied against the
real property of the responsible person or persons as a special
charge pursuant to sec. 66.60 (16), Wis. Stats., and shall be a lien
against said real property pursuant to sec. 66.60 (15), Wis. Stats.
4.15 SPEED LIMITS ON TOWN ROADS.
(1) Enactment. Pursuant to sec. 349.11(3), Stats., the Town
finds, on the basis of a traffic study performed by the Dane County
Transportation Department, that the following speed limits, varying from the presumptive limits in the statutes, should
be adopted.
(2) Twenty five MPH. The speed limit on the following
described portions of town roads in the Town of Springfield, Dane
County shall be twenty-five miles per hour for all vehicles:
Bittersweet Court - From its intersection with Sunrise Ridge
Trail northerly to its end.
Blue Spruce Court - From its intersection with Pine Cone Circle
southerly to its end.
Church Road - From its intersection with County Trunk Highway "K"
southerly to a point 0.12 of a mile south of its intersection with
County Trunk Highway "K".
Clover Hill Dr - From its north intersection with Hickory Run to
its south intersection with Hickory Run.
Dahmen Drive - From its north intersection with Hickory Run to
its south intersection with Clover Hill Drive.
Foxfire Trail - From its intersection with Greenbriar Road
southerly to its end.
Harvest Hill Court - From its intersection with Harvest Hill Road
northerly to its end.
Harvest Hill Road - From its intersection with Wipperfurth Road
to its intersection with Harvest Hill Court.
Hickory Run - From its intersection with Kick-a-boo Road to its
west intersection with Clover Hill Drive
Hickory Trail - From its intersection with Enchanted Valley
Road southerly and westerly to its end
Oak Circle Drive - From its north intersection with Scenic
Ridge Trail southerly and easterly to its end.
Overlook Court - From its intersection with Scenic Ridge Trail
easterly to its end.
Pine Cone Circle - From its intersection from Enchanted Valley
Road southerly and westerly to its intersection with Hickory Trail.
Poelma Drive - From its intersection with State Trunk Highway 19
northerly to its end.
Rusty Lane - From its intersection with Wipperfurth Road
easterly to its end.
Sagebrush Trail - From its intersection with Hickory Trail
southerly to the Town of Springfield south town line.
Scenic Court - From its intersection with Scenic Ridge Trail
westerly to its end.
Scenic Ridge Trail - From its intersection with County Trunk
Highway "K" northerly to its north intersection with Oak Circle Drive.
Shamrock Glen Circle - From its intersection with High Road
westerly to its end.
Springfield Circle - From its intersection with
Lodi-Springfield Road easterly to its end.
Springhelt Drive, along it entire length.
Sunrise Ridge Trail - From its intersection with Enchanted Valley
Road to its intersection with Schneider Road.
Sutzfey Circle, along its entire length.
Town & Country Lane - From its intersection with U.S. Highway 12
westerly to its end.
Wildrose Court - From its intersection with Foxfire Trail
easterly to its end.
(3) Thirty MPH. The speed limit on the following described
portions of town roads in the Town of Springfield, Dane County shall
be thirty miles per hour for all vehicles:
Martinsville Road - From its intersection with County Trunk
Highway "P" westerly to a point 0.79 of a mile west of its
intersection with County Trunk Highway "P".
(4) Thirty five MPH. The speed limit on the following
described portions of town roads in the Town of Springfield, Dane
County shall be thirty-five miles per hour for all vehicles:
Enchanted Valley Road - From a point 0.16 of a mile east of
the Town of Springfield west town line easterly, southerly and
westerly to the Town of Springfield south town line.
Schneider Road - From its intersection with Vosen Road
westerly to its intersection with Enchanted Valley Road and for the
.35 mile portion of the road to the East of Enchanted Valley Road.
(5) Forty MPH. The speed limit on the following described
portions of town roads in the Town of Springfield, Dane County shall
be forty miles per hour for all vehicles:
Capital View Road - From its intersection with Schneider Road
southerly to the Town of Springfield south town line.
Greenbriar Road - From its intersection with U.S. Highway 12
easterly to its intersection with High Road.
High Road - From its intersection with Balzer Road southerly
to its intersection with Greenbriar Road.
Schneider Road - From the point which is .2 miles west of the
intersection with Capitol View Road to the point which is .15 miles
East of the intersection with Capitol View Road.
Woodland Drive - From a point 1.00 miles west of its
intersection with Lodi-Springfield Road to a point 1.60 miles west
of its intersection with Lodi-Springfield Road.
(6) Forty-Five MPH. The speed limit on the following
described portions of town roads in the Town of Springfield, Dane
County shall be forty-five miles per hour for all vehicles:
Koch Road - From its intersection with Vosen Road easterly to
its intersection with Bronner Road.
Vosen Road - From its intersection with Schneider Road southerly to
Koch
(7) Future speed limit changes. The Town Board may adopt changes
to speed limits using the following procedure:
(a) The Town Board shall adopt a motion requesting that the Dane
County Highway and Transportation Department conduct a study of the
traffic on the road in question. The Board may engage an engineering
firm if the County cannot provide timely service.
(b) After the report of the County has been received, the Town
Board shall place on the regular meeting agenda the issue of
revising the speed limit on the road in question. The Board may
accept comments from the public.
(c) The Board may, after consideration of the report of the
County and other information, adopt the recommended speed limit. The
speed limit shall be added to this Ordinance by the Clerk-Treasurer.
4.16 PARKING ON PAVED ROAD SURFACE PROHIBITED.
(1) Pursuant to sec. 349.13 Wis. Stats., no motor vehicle may
park, stop or stand on the paved portion of any Town road within the
Town of Springfield.
(2) Exceptions. The prohibition of subsection (1) does not apply
to:
(a) The temporary stopping or leaving of a motor vehicle where
the motor vehicle has become disabled while on the highway to such
an extent that it is impossible to move the motor vehicle.
(b) The stopping of a motor vehicle to avoid conflict with other
traffic or to comply with traffic signs, signals or the directive of
a law enforcement officer.
(c) The stopping of a vehicle of a public utility, telephone or
electric cooperative where necessary to maintain, install, repair,
construct or inspect service, provided that appropriate warning
signs or signals are placed near the stopped vehicle.
(3) The parking restrictions adopted by the Town shall be
communicated to the public by means of signs which comply with the
Manual on Uniform Traffic Control Devices.
(4) Any vehicle owner or operator who violates the restrictions
in subsection (1) shall forfeit the sum of five dollars ($5.00) per
violation, which shall be assessed by issuance of a citation.
(5) The Town may cause the removal of a vehicle parked in
violation of a restriction enacted pursuant to subsec. (2), and may
charge the operator or owner for the costs of the removal and
storage.
4.17 MAILBOX.
(1) Commencing on the effective date of this ordinance, no
person, corporation, partnership, proprietorship or other legal
entity may install any mailbox on or adjacent to a Town road of the
Town of Springfield, unless the mailbox meets the standards
contained in this ordinance. Existing mailboxes shall not be
required to conform to these standards, but any repair or
replacement of the mailbox shall result in the mailbox being
reconstructed so as to comply with the standards herein. As used in
this section, the term "repair" or "maintenance" does not include
painting or remounting of a mailbox.
(2) Standards. (a) No mailbox may be constructed so that the
posts or any portion of the mailbox infringes upon the shoulder or
road surface of the Town. An infringement shall include an
encroachment of the air space above the Town’s right-of-way.
(b) Every mailbox shall be installed such that the support post
is set back a minimum of 24 inches from the edge of the shoulder of
the Town road.
(c) The mailbox itself shall be mounted so as to be at least 46
inches above the surface of the shoulder of the road.
(d) The front edge of the mailbox shall be aligned with the
outside edge of the road’s shoulder.
(e) The mailbox itself shall be constructed of appropriate
material and should be of a kind which has been approved by the
Postmaster General of the United States.
(f) The Town shall make a pamphlet available to property owners
explaining these standards. However, the pamphlet shall not be
construed as part of this ordinance.
(3) The Town of Springfield shall not be responsible for the cost
of replacing any mailbox which is constructed in violation of the
requirements of this section, regardless of whether or not the box
was constructed prior to the effective date of this ordinance.
(4) Any person who constructs or installs a new mailbox in the
Town of Springfield shall comply fully with the requirements of this
ordinance. In the event that an existing mailbox is repaired or
maintained [other than as defined in subset 4.17 (1)], the mailbox
shall, at that time, be made a conforming mailbox.
(5) Every pre-existing mailbox in the Town of Springfield shall
be required to meet the standards contained in this ordinance ten
(10) years after the effective date of this ordinance.
|
MAILBOX DIAGRAM |
|

|
4.18 DRIVEWAYS (amended 12/7/2004)
The following regulations apply to construction or modification of
private driveways located on lands in the Town of Springfield, which
private driveways provide access to buildings originally constructed or
substantially modified after the effective date of this ordinance.
Existing driveways are not required to meet the standards herein, but
shall be brought into compliance with these standards at such time as
the driveway is resurfaced, regraded, or a new driveway culvert is
installed.
1. APPROVAL REQUIRED
a. In this ordinance, the term “driveway” is defined as private
driveway, road, field road, or other traveled way giving access from a
public highway to one or more buildings located or to be constructed on
adjacent lands.
b. No person shall establish, construct, resurface, improve or rework a
driveway connected to a road right of way without first obtaining a
Driveway Permit from the Town Board of Supervisors, or designee.
Re-graveling of previously constructed driveways does not require a
permit. Application forms and information should be obtained from the
Town Clerk. Prior to consideration of the application by the Town Board
or designee, the applicant shall submit to the Town Clerk a driveway
construction plan which shall accurately describe the location of the
proposed driveway and the specifications required by Section (3) of this
ordinance for the driveway’s construction.
c. Erosion control measures/permit may be necessary; subject to decision
of the Town Board or its’designee.
d. No building permit for new residential construction will be issued
until the driveway is constructed according to the specifications of
this ordinance. The only exception will be the final application of
gravel which may occur after heavy equipment needed for building
activities will no longer be using the driveway.
e. With approval of the Town Board or designee, the driveway permit may
be issued to allow for the excavation of the site to provide for site
preparation and to provide fill for the proposed driveway.
f. A non-refundable $150.00 fee must be submitted with each driveway
application.
g. The permit is valid for a period of three years and to the original
owner only.
2. GENERAL PROVISIONS, FIELD ROADS
Culverts are required for all field roads accessing Town
roads, unless waived by the Town Board or designee, and all
costs involved are the responsibility of the property owner. A
driveway permit is required from the Town Board or its’ designee
for all field roads. Field roads are not required to meet the
other standards established for driveways by this section.
Landowners may install or use only the defined points of access
to the right-of-way in each field. If a field road access is
discontinued or abandoned for more than two (2) years, the field
road access shall be lost and may not be used unless a new field
road access permit is granted by the Town.
Field road access points shall be at least 15 feet from the
extended street line at all intersections. A field road access
allows access to a Town road solely for agricultural purposes
and may not be converted to residential or other uses unless
the Town issues a driveway permit authorizing the modification.
GENERAL PROVISIONS, CULVERTS
a. Culverts are required for all residential driveways, unless waived
by the Town Board or designee, and all costs involved are the
responsibility of the property owner.
b. Culverts accessing agricultural lands from town roads require a
permit from the Town Board unless waived by the Town Board or designee
prior to installation and all costs shall be the responsibility of the
property owner.
GENERAL PROVISIONS, OTHER
a. No poured concrete, stone, brick, wood or other types of
end-walls/head walls shall be constructed on the highway right of way.
The highway right of way for town highways is 33 feet from the
centerline of the highway.
b. Permits to cross the County or State right of way are to be obtained
from those respective highway departments and the actual driveway permit
from the right of way to the building site must be obtained from the
Town.
c. There are non-refundable fees that must be submitted with each
residential driveway application and culvert permits. See the
established fee listing.
.3) SPECIFICATIONS FOR THE CONSTRUCTION, MODIFICATION IMPROVEMENTS, OR
RELOCATION OF DRIVEWAYS:
a. No land with a grade of more than 25 percent shall be
disturbed for the construction, establishment, reworking or
improvement of a driveway.
b. An engineer’s plan showing adequate erosion control measures
is required for any segment of the proposed driveway which
disturbs land with a grade of more than 20 percent and less than
or equal to 25 percent.
c. The driveway shall be constructed with a minimum roadway of
12 feet in width and minimum shoulder of 1 foot on each side
having a slope of 1 foot of vertical rise for 6 feet of
horizontal distance. Please refer to the Typical Driveway
Section shown on the attached Exhibit “A” for further
information.
d. Each driveway shall have a culvert at the ditch line where
the driveway meets the public road, unless a special permission
is obtained from the Town Board or designee. The culvert shall
be at least 18 inches in diameter and 30 feet in length,
constructed of “corrugated metal pipe” with approved metal end
walls.
Gauge minimums are:
|
| Pipe Diameter
|
Gauge |
| 15 to 24 inches |
16 |
| 30 to 36 inches
|
14 |
| 42 to 54 inches |
12 |
| 60 to 72 inches |
10 |
| 78 to 84 inches |
8 |
e. Backfill Material
Material used for backfill shall be of a quality acceptable
to the Town Board or designee and shall be free from frozen
lumps, wood, or other extraneous or perishable materials. The
minimum cover, measured from the top of the pipe to the top of
the subgrade, shall be six (6) inches.f. A driveway which is at
least 24 feet in length shall have a maximum 5 percent grade at
the point where the driveway enters onto a public road. A slight
dip across the driveway shall be placed just before the culvert
at the entrance to the public road to prevent debris from
washing onto the public road.
g. Curves in the driveway shall have an inside radius of not
less than 36 feet.
h. Maximum grade of the entire driveway or any given segment
of the driveway shall not exceed 13 percent.
i. Side banks shall be seeded promptly to control erosion.
j. Once the construction of the driveway has begun, all
specified erosion control measures, including retaining walls,
ditching, culverts, crowning, mulching and matting shall be
completed within 180 days.
k. The driveway must have at least six (6) inches of four (4)
inch rock on the roadbed, covered with two (2) inches of 3/4
inch gravel, within the road right of way.
l. All costs of construction of said driveway, including the
cost of the culverts and engineer’s plan, if required, shall be
paid by the property owner requesting the permit.
m. An area twelve (12) feet each side of the centerline of
the driveway and a height sufficient to permit the safe passage
of emergency vehicles must be clear of obstructions. In cases
where such clearing would be environmentally damaging, the Town
Board or designee may waive the restrictions.
n. “Concrete pavement” may only come to the right of way and
not to the road edge, unless a written, signed waiver has been
approved by the Town Board and filed with the Clerk Treasurer.
The Town will not be responsible for replacement of concrete
pavement when it is disturbed or removed in the course of
reconstruction or repair of Town roads, or by snowplowing or
other maintenance of the road by the Town.
o. Joint driveways will not be permitted without prior review
and specific approval by the Town Board of the Joint Driveway
Agreement establishing the proposed joint driveway and the
manner of its construction, maintenance and use.
Joint driveway agreements shall be recorded against all
properties served by the joint driveway, through a formal
document recorded in the office of the Dane County Register of
Deeds.
p. The number of driveways to serve an individual residential
or commercial property fronting on a street shall be one (1) ,
except where deemed necessary and feasible by the Town Board or
designee for reasonable and adequate service to the property,
considering the safety, convenience and utility of the street,
and driveways may be approved for commercial and other use areas
where deemed reasonable.
q. Any costs of relocating utilities shall be the
responsibility of the property owner with approval of the Town
Board or designee necessary before any utility may be relocated
and the driveway installed.
r. Any of the above requirements may be varied by the Town
Board in such instances where the peculiar nature of the
property or the design of the street may make the rigid
adherence to the above requirements impossible or impractical.
s. No driveway shall be closer than fifteen (15) feet to the
extended street line at an intersection. At street intersection
a driveway shall not provide direct ingress or egress to or from
the street intersection area and shall not occupy areas of the
road way deemed necessary by the Town for effective traffic
control or for highway signs or signals.
t. The Town Board designee shall perform two inspection on every
driveway:
(1) once final grading is completed, prior to pouring
(2) after the surfacing or pouring has been completed.
Twenty-four hour notice is required for inspections.
Inspections are performed Monday thru Friday only.
4) SPECIAL REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL DRIVEWAYS:
The following regulations are applicable to driveways serving
commercial or industrial establishments:
a. No part of a private driveway located within the dedicated area of a
public road shall, except as hereinafter provided, have a width greater
than thirty (30) feet measured at right angles to the center line of
said driveway, except as increased by permissible radii. In instances
where the nature of the commercial or industrial activity or the
physical characteristics of the land would require a driveway of greater
width than herein specified, the Town Board in its discretion may permit
a driveway of additional width.
b. The angle between the center line of the driveway and the curb line
or road edge shall not be less than 70 degrees.
5) APPLICATION PROVISIONS:
The Town, notwithstanding the construction of such driveway,
reserves the right to make any changes, additions, repairs or
relocations with the dedicated portion of the Town Road at any
time, including relocation, reconstruction, widening and
maintaining the road without compensating the owner of such
private driveway for the damages or destruction of such private
roadway. If repairs are necessary due to the disruption of
current surfaces that may include, but are not limited to
concrete, colored or imprinted, and/or blacktop the town will
reserve the right to replace such surfaces with a minimum of two
(2) inches of blacktop or gravel.
6) REQUIREMENTS FOR AN ENGINEER’S PLAN
a. The Town Board or designee may require the applicant to obtain a
plan prepared by a professional engineer licensed by the State of
Wisconsin (hereinafter “an engineer’s plan”) prior to the construction
or the modification of any proposed driveway. An engineer’s plan is
required:
1. For a driveway or segment of a driveway whose construction requires
the disturbance of the land with a slope of 20 percent or more and less
than or equal to 25 percent;
2. For a driveway or segment of a driveway whose construction requires a
retaining wall or other special erosion control measure as determined by
the Town Board or its authorized designee; or
3. When the Town Board requests a plan for reasonable cause.
b. The engineer’s plan will including the following;
1. The precise location of the driveway or segment(s) of the driveway
which require(s) an engineer plan.
2. Grade of the driveway showing no segment exceeding 13 percent.
3. Location and structure of any retaining walls.
4. Location and size of any culverts.
5. Cross section of the driveway.
6. Mulching, matting, or other erosion control measures.
7. Material and specifications plan.
c. When an engineer’s plan is required, no construction of a driveway
may commence until the engineer’s plan is approved by the Town Board or
designee, a Town Driveway Permit is issued and, when applicable, any
necessary approvals are obtained from Dane County or the State of
Wisconsin (Wis. Stats. Section 86.07)
d. The preparation of an engineer’s plan does not guarantee the approval
of a driveway permit application.
6) EXISTING DRIVEWAYS AND FIELD ROADS
When washing or other conditions created by existing driveway or
field roads become a potential hazard to a public road, the Town
Board or designee shall notify the owner(s) of the land through
which the driveway passes of such condition(s). Any property owner
failing to correct such condition(s) within 30 days after notice by
the Town Board or designee 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. Section
66.60(16).
7) PENALTIES
a. Should a driveway be constructed or modified in a way which
violated the provisions of this ordinance, the owner(s) of the land
through which the driveway passed shall pay a fine equal to 3 times the
fee chargeable for the permit application, whether or not that fee has
been paid. The owner(s) of the land shall also make the corrections
indicated by the Town Board within a reasonable period of time
determined by the Town Board. The Town Board or designee may request the
Clerk Treasurer to send a letter of notice to any property owner not
adhering to this ordinance requesting compliance.
b. If the owner(s) of the land through which the driveway passes do(es)
not make the required corrections within the time specified, the Town
Board shall determine the cost of correcting violations of the
provisions of this ordinance including when necessary the return of
disturbed land to its original condition. That cost shall be paid to the
Town by the owner(s) of the property through which the driveway passes,
as provided in Wis Stats. Section 66.60(16).
4.19 REGULATING THE WEIGHT OF VEHICLES ON TOWN ROADS
The Town Board of the Town of Springfield, Dane County, do ordain as
follows:
Section 1 - Statement of Purpose
In the interest of public safety on Town roads, the roads and
streets, or portions thereof, of the Town of Springfield are hereby
declared to have special weight limitations as set forth herein,
because, in the absence of such special limitations, there is a
likelihood that they would be seriously damaged or destroyed. Such
limitations are adopted pursuant to Sec. 349.16, Wis. Stats., which
is hereby adopted by reference and made a part of this Ordinance.
Section 2 - Weight Limitations
It shall be unlawful for any person to operate a vehicle which
weighs more than ten (10) tons on Town roads, streets or portions
thereof, except when necessary for the purpose of delivering and
moving supplies or other necessary commodities to or from any farm,
place of business or residence fronting on any such roads, and
except when necessary for the purpose of leaving or returning to a
terminal or place of garaging a vehicle; however, such operator
shall leave such road and re-enter roads not prohibited by such
weight limitation at the point closest to its immediate destination
and shall take the most direct route to his destination. Town
vehicles engaged in official duties, milk trucks, fuel trucks,
school buses and emergency vehicles, shall be exempt from the
general weight restrictions of this Section.
Section 3 - Notice; Signs
Appropriate weight limitation signs shall be erected on Town
roads and/or streets. At all times a map showing the location of the
signs shall be on file with the Town Clerk/Treasurer.
Section 4 - Seasonal Weight Limitations
In addition to the permanent weight restrictions on Town roads,
the Town Chairperson may impose special seasonal weight limitations
on any Town road or portion thereof which, because of weakness of
the roadbed due to deterioration or climatic conditions or other
special or temporary condition, would likely be seriously damaged or
destroyed in the absence of such special limitations. When such
seasonal weight limitations are in effect, the pick-up and delivery
exceptions to Section 2 above shall not be applicable, except by
written permission of the Town Board/designee.
Section 5 - Penalty for Violation
The penalty for violation of any provision of this Ordinance
shall be a forfeiture as hereinafter provided, together with the
costs of prosecution imposed and provided in Sections 345.20 to
345.53, Wis. Stats. The forfeiture for a first violation of any
provision of this Ordinance shall not be less than Five Hundred
($500.00) Dollars. The forfeiture for second or subsequent offenses
shall not be less than One Thousand ($1,000.00) Dollars. In
addition, any person violating this ordinance shall pay the actual
cost of repairing all damage caused by the overweight vehicle.
Section 6 - Enforcement
This Ordinance shall be enforced in accordance with the
provisions of Sections 345.20 to 345.53, Chapter 800, and Section
66.12, Wis. Stats.
Section 7 - Severability
If any section, clause, provision or portion of this Ordinance is
adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remaining provisions shall not be affected.
Section 8 - Effective Date
This Ordinance shall take effect the day after its publication
pursuant to law.
Dated July 1, 2003
TOWN BOARD, TOWN OF SPRINGFIELD
James Ripp, Chair
Mary Hellenbrand, Supervisor I
James Pulvermacher,Supervisor II
Don Hoffman, Supervisor III
Rene3 Ripp,
Supervisor, IV
I, Sherri Endres, the Clerk of the Town of Springfield, hereby
certify that the Town Board of Springfield duly adopted the above
ordinance, which ordinance was on file for inspection for at least two
weeks prior to its adoption, and which is a codification of previous
ordinances pursuant to sec. 66.035, Stats., was posted in three places
within the Town on May 29, 2003.
Sherri Endres, Clerk-Treasurer
|