Chapter 12.05
STREET AND SIDEWALK CONSTRUCTION AND ALTERATION
Sections:
12.05.020 Abrogation and greater restrictions.
12.05.100 Driveway construction.
12.05.110 Violation – Penalty.
12.05.010 Purpose and intent.
The purpose of this chapter is to promote the health, safety, and general welfare of the town, and it is the general intent of this chapter to regulate and restrict the construction, reconstruction, alteration and upgrading of roads prior to acceptance by the town board; to enhance the general safety of the roads and promote efficiency; to lessen congestion; to facilitate proper drainage; to promote sound road construction standards and to provide for the administration and enforcement of this chapter, including provision for penalties for its violation. [Ord. dated 8/9/2005. Code 2002 § 42-1.]
12.05.020 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern. [Ord. dated 8/9/2005. Code 2002 § 42-2.]
12.05.030 Interpretation.
In its interpretation and application, the provisions of this chapter shall be liberally construed in favor of the town and shall not be construed to be a limitation or repeal of any other power granted by the statutes. [Ord. dated 8/9/2005. Code 2002 § 42-3.]
12.05.040 Severability.
If any section, clause, provision or other portion of this chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water, not specifically included in such judgment. [Ord. dated 8/9/2005. Code 2002 § 42-4.]
12.05.050 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Approach” means that portion of road extending 100 feet on each side of a culvert or bridge.
“Base course” means the layer or layers of specified or selected material of designated thickness placed on a subbase or subgrade to support a surface course.
“Cul-de-sac” means a road or way with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
“Drainage” means to make gradually dry, by trenches, channels, ditches and tiles or other means.
“Driveway” means an approach suitable for vehicles or agricultural equipment over a lot from a public road.
“Gradient” means the rate of rise or fall of the surface of the roadway measured along the centerline expressed as a percentage. Thus a grade will rise or fall one foot in 100 feet. The slope of a road or other public way, specified in percent.
“Highway” means a road or way over which the public generally has the right to pass.
“Private right-of-way” means a general term denoting land, in a strip, acquired for or devoted to a private road 50 feet in width.
“Private road” means a road serving more than one lot that will be owned and maintained by the lot owners or a homeowners’ organization and will not be maintained by the town. It may be paved or unpaved.
“Right-of-way” means a general term denoting land, in a strip, acquired for or devoted to a town road 66 feet in width.
“Roadbed” means the graded portion of a road within top and side slopes, prepared as a foundation for the pavement structure and shoulders.
“Roadway” means that portion of a road within limits of construction.
“Roadway width” means the portion of a road, including shoulders, for vehicular use.
“Subbase” means the layer or layers of specified or selected material of designated thickness placed on a subgrade to support a base course.
“Subgrade” means the top surface of a roadbed upon which the pavement structure and shoulders are constructed.
“Surface course” means the final course of material put down over which traffic passes, exclusive of shoulders.
“Surface width” means the portion of the roadway exclusive of shoulders for the movement of vehicles.
“Town road” means a road or way over which the public generally has the right to pass, over which the town board has the direct authority and supervision. [Ord. dated 8/9/2005. Code 2002 § 42-6.]
12.05.060 Application.
Individual or corporate owners of land wishing to create or alter a town road shall make application, in writing, to the town board of supervisors, and shall submit to the board of supervisors a detailed drawing indicating exact location and description of the proposed town road. Upon receipt of application and drawing, the town board will proceed to examine all aspects of the proposed town road or alterations applied for, and if approved by the town board, the individual or corporate land owner shall be given the permit or a conditional permit to proceed under the supervision of the town board. [Ord. dated 8/9/2005. Code 2002 § 42-7.]
12.05.070 Standards.
The following are minimum standards for proposed construction or alteration of town roads and private roads constructed in the town:
(a) Public Road Standard Specifications. Standard Specifications for Public Road and Bridge Construction, as published by the State Department of Transportation, shall apply to all town roads, except where specifically modified by this chapter. Rights-of-way shall be 66 feet in width.
(b) Private Road Specifications. The specification for private road is the same as the public road preparation and base course as stated below except that, in the case of a private road, the base course shall consist of sufficient compacted road gravel, not 10 inches as required for public town roads. A private right-of-way shall be 50 feet in width with a paved or unpaved surface of not less than 20 feet in width, and a clearance for emergency equipment of 14 feet in height above the entire paved or unpaved surface at all times. The legal description for all lots sold that border private roads shall indicate, “This lot is on a private road that will not be accepted as a town road.”
(c) Public Roadway Preparation. After clearing, all areas of soft, yielding, or spongy subgrade shall be excavated and backfilled with suitable pit run gravel, or similar material, so as to ensure a stable foundation. The foundation (earth subgrade, subbase course or base course, as the case may be) shall be so prepared and constructed that it will have, as nearly as practicable, uniform density throughout. Topsoil shall be removed.
(d) Gradient. The minimum grade of any town road or private road shall not be less than one-half of one percent, nor in excess of 10 percent, except as otherwise approved by the town board.
(e) Drainage. The town roadway and/or private road must be complete with proper drainage provisions to provide for adequate removal of water. When it becomes necessary to make a lateral trench in a public road, leading from the main drainage course, then the additional land necessary for the removal of accumulated water must be provided and deeded to the town, along with the necessary land for the right-of-way. The additional land so conveyed to the town for drainage purposes will be under the supervision of the town board at all times. Erosion controls shall be provided and the town board may require additional measures to be taken when it is deemed necessary.
(f) Base Course. The base course shall consist of no less than 10 inches of compacted road gravel and shall be no less than 28 feet wide. The base course shall be applied in two courses of a minimum of six inches and four inches of compacted gravel, or bank run stone, meeting at a minimum state specification gradation No. 2.
(g) Surface Course. The surface course shall be of bituminous blacktop or other suitable material, not less than three inches thick and not less than 22 feet wide. The surface course shall be applied in two courses of a minimum of one and three-fourths inches binder grade and one and one-fourth inches course grade No. 3. No surface course shall be applied for one year after completion of the base course without special written approval from the town board.
(h) Shoulders. Town road shoulders shall be a minimum of three feet wide and finished flush with the surface course, using state specification shoulder gravel. Private road shoulders may be unpaved but shall be not less than three feet in width.
(i) Culverts. Culverts necessary for proper drainage shall be installed after elevation and location are obtained from the town board. The minimum length of any culvert installed in any roadbed shall be 40 feet in length; however, the diameter and length of such culvert shall be subject to approval of the town board, after the amount of flowage is determined. Secondary culverts installed in any lateral trenches will be of a size and length determined by the town board. The town board may require end sections upon all culverts, and any additional erosion controls deemed necessary by the town board.
(j) Official Cross Section of a Town Road. All roads shall be in compliance with the requirements as set forth on the typical cross section in addition to any that may be required by the sections of this chapter.
(k) Intersections. Intersections shall be as near as possible at a right angle, and all proposed town roads that intersect an existing town road shall be so located that there is a minimum of 600 feet of sight distance along the existing town road, at each direction from the intersection unless otherwise approved by the town board.
(l) Erosion Control. The project engineer, surveyor, contractor, individual or corporate owner shall show in the road plans all erosion control measures, including provision for the installation or construction of temporary retention ponds, diversions or other means to ensure the control of erosion, both during and after construction. All such erosion control measures shown shall be approved by the town board and the town board may require additional control measures when deemed necessary.
(m) Road Plan. The individual or corporate owner shall cause to be submitted to the town board a set of road plans, indicating a typical cross section, existing centerline grade, proposed centerline grade and a plan of the proposed road.
(n) Curves. The minimum centerline radius for any curve shall be not less than 100 feet on a town road.
(o) Cul-de-Sac. A cul-de-sac shall have a minimum right-of-way radius of 60 feet and minimum surface course radius of 40 feet when part of a town road.
(p) Ditches. All ditches shall be covered with a minimum of four inches of salvaged topsoil to attain final grade and shall be either seeded or sodded to assure the prevention of erosion after construction. Additional erosion control measures may be required by the town board on a town road.
(q) Flooding. No proposed town road which shall be subject to flooding or inundation shall be approved. [Ord. dated 8/9/2005. Code 2002 § 42-8.]
12.05.080 Final inspection.
Upon completion of a proposed town road, the town board of supervisors or their designate will proceed to make a final inspection, accepting or rejecting the road as the case may be. If the road is rejected, then corrections must be made as recommended by the town board before final inspection can be made again. If final acceptance is made, the owner will convey to the town board, by deed, all land necessary for the roads in accordance with the provisions of this chapter. [Ord. dated 8/9/2005. Code 2002 § 42-9.]
12.05.090 Performance bonds.
The town board may require a deposit of cash equal to the total cost of the project, as determined by the town engineer or an engineer designated by the town board. As an alternative to the deposit of cash, the owner may, in lieu thereof, submit a performance bond, in the penal sum of twice the engineer’s estimate, and shall make payment to the town upon demand, as construction progresses. [Ord. dated 8/9/2005. Code 2002 § 42-10.]
12.05.100 Driveway construction.
(a) Approval Required. No person shall construct or maintain any driveway leading into a public highway or town road without first obtaining a driveway permit from the town board and paying therefor the fee of $25.00.
(b) Specifications for Driveway Construction.
(1) Width. No driveway shall be less than 12 feet nor exceed 36 feet in width at the road or edge and a clearance for emergency equipment of 14 feet in height above the driveway surface at all times. The base course shall consist of sufficient compacted road gravel. A driveway may be paved or unpaved.
(2) Interference with Intersections Prohibited. At road intersections a driveway shall not provide direct ingress or egress to or from the road intersection area and shall not occupy areas of the roadway deemed necessary by the town board for effective traffic control or for highway signs or signals.
(3) Interference with Road. No driveway shall extend out into the road further than the roadway, and under no circumstances shall such driveway apron extend into the surface area. All driveway entrances shall be so constructed that they shall not interfere with the drainage of roads, side ditches, or roadside areas or with any existing structure on the right-of-way. When required by the town board to provide for adequate surface water drainage along the road, the property owner shall provide any necessary culvert pipe at his own expense. At a distance of 12 feet from the adjacent roadway the finished grade of a driveway shall be four inches below the grade of the adjacent roadway, where possible.
(4) Number of Access Points Limited. The permittee shall be limited to the access point as designated by the town board after inspection of site and written approval of such site location and limitation of size, construction and maintenance. The driveway shall be as near as possible at a right angle to the roadway and shall be so located that there is a minimum of 400 feet of sight distance along the road in each direction unless otherwise approved by the town board. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway entrances. Side ditches and roadside areas shall be restored in a neat, workmanlike manner. Driveway surfaces shall connect with the road pavement in a neat, workmanlike manner. [Ord. dated 8/9/2005. Code 2002 § 42-11.]
12.05.110 Violation – Penalty.
Any person who fails to comply with the provisions of this chapter or any order of the town board issued in accordance with this chapter shall, upon conviction thereof, forfeit not less than $100.00, nor more than $2,000, and cost of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. [Ord. dated 8/9/2005. Code 2002 § 42-12.]