Driveway Permit – Amentment of Ordinance no 98-02

TOWN OF HUNTER

SAWYER COUNTY WISCONSIN

DRIVEWAY PERMIT

ORDINANCE NO. 2021-03

AMENDMENT OF ORDINANCE NO. 98-02

SECTION I – Title and Purpose

The title of this ordinance is Driveway Permit. The purpose is to regulate and assure the methods of the establishment, repair, construction, improvement, modification and reconstruction of private driveways.

The Town of Hunter deems it necessary to regulate the placement of new access driveways, private road entry ways and all temporary roads onto town roads.

SECTION II – Authority

The Town Board has the specific authority under ss. 66.0425 and 86.07, Wis. Stats., to adopt a town driveway permit ordinance and has the general authority under its village powers under s. 60.22, Wis. State., to adopt this ordinance.

SECTION III – General Provisions

The provision of this ordinance shall apply to any person or persons placing a new access driveway, private road and/or temporary road entry way onto town roads.

No new access driveway, private road and/or temporary road entry way onto Town of Hunter roads shall be constructed without a permit issued by the Clerk of the Town of Hunter.

Any person prior to and at the time of seeking a Town of Hunter Driveway Permit must own or have a legal interest in and current legal access to the land to which the permit(s) will apply.

Logging contractors must obtain a permit through the land owner.

Logging contractors in possession of a valid contract with the National Forest Service are excluded from this provision.

SECTION IV – Temporary Driveway Permits

The Town of Hunter may issue a temporary driveway permit allowing access to a road way for access to a property for which the owner or his/her agent do not wish to maintain a permanent driveway. The fee required of the owner or his/her agent shall be the same as for a permanent driveway. At the time of the issuance of the temporary permit, the owner or his/her agent must provide a date upon which the temporary driveway will be removed and the area upon which the temporary driveway was constructed shall be reshaped to the condition it was in before the temporary driveway was constructed. All Specifications listed in Section VI apply.

SECTION V – The Permit

All prospective builders of such entry ways shall apply to the Town Clerk for permit and provide all information required.

Upon receipt of such application, the Board of Supervisors or the Town Clerk of the Town of Hunter, or any other designee, taking into consideration of all zoning, land-use, traffic, safety, health and other relevant factors shall act on applications denying, permitting or permitting same with special conditions.

It will be the responsibility of the applicant to furnish, install and pay full costs for all needed materials required, including, but not limited to, culverts and signs.

The Board of Supervisors of the Town of Hunter shall have the right to establish reasonable permit fees.

SECTION VI – Specifications

Private driveways shall be of such width and so located that all of such driveways and their appurtenances are a minimum width of 24 feet within the limits of the frontage abutting the road of the property served. Driveways shall not provide direct ingress or egress to or from any road intersection area and shall not encroach upon or occupy area of the road right-of-way required for effective traffic control or for road signs or signals.

The surface of the driveway connecting with road cross sections shall slope downward from the road shoulder a sufficient distance to preclude ordinary surface water drainage flowing onto the road surface. No driveway apron shall extend out into the road further than the road edge. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of road, side ditches, or roadside areas or with any existing structure on the right-of-way.

Where required by the Town of Hunter, a culvert shall be installed by the property owner of his/her agent at their cost. No culvert smaller than twelve (12) inches in diameter will be allowed. All culverts shall be newly manufactured metal or double wall plastic. Any culvert shall be placed in the ditch line at elevations that will assure proper drainage.

SECTION VII – Penalty Provision

Any person, partnership, corporation or legal entity that violates any provisions of this ordinance shall forfeit not less than $100.00 nor more than $500.00 for each violation together with all associated costs and disbursements and liability for damage.

SECTION VIII – Enforcement

This ordinance shall be enforced by any member of the Board of Supervisors of the Town of Hunter, authorized employee and/or authorized representative of the Town of Hunter, Sawyer County. The Town of Hunter by adoption of this ordinance hereby elects to use the citation method for enforcement of the ordinance.

SECTION IX – Severability

The provisions of this ordinance shall be deemed severable. Whether or not one or more provisions of this ordinance may be declared invalid, the Board of Supervisors of the Town of Hunter would have passed all other provisions. If any provision of this ordinance or application to any person or circumstance is held invalid, the remainder of this ordinance and the application of such provisions to these persons or circumstance shall not be affected thereby.

SECTION X – Adoption of Ordinance

This ordinance, adopted by a majority of the Town of Hunter Board of Supervisors on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by permit of all driveway locations in the Town of Hunter.

SECTION XII – Effective Date

This ordinance will be effective and be in force immediately following adoption and required publication or posting.

Adopted on the 8th day of September, 2021

By the Town Board of the Town of Hunter

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Laura Rusk, Chair

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Kay Ryan, Supervisor

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James D. Dier, Supervisor

Attested by:

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Patricia R. Swaffield, Clerk