Driveway Permit Ordinance


Ordinance: __BZ_6-2015_______


Town of Brazeau

Oconto County

SECTION I – Title and Purpose

The title of this ordinance is the Town of Brazeau Driveway Permit Ordinance. The purpose is to regulate, for public health and safety reasons, the establishment, repair, construction, improvement, modification, and reconstruction of private driveways, to assure that the methods of repair, construction, improvement, modification and reconstruction practices used in any driveway will protect properly the public health, safety, and general welfare of person in the Town of Brazeau, and to limit and regulate highway/road access by motor vehicles to any town highway/road in the town. This is not a town zoning ordinance.

SECTION II – Adoption

This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by permit of driveways access locations in the town.

SECTION III – Definitions

In this ordinance:

A.“Driveway” means any private way, private road, or other avenue of private travel that runs through any part of a private parcel of land that connects or will connect with any public highway/road, and will provide vehicular access from the highway/road to a residence, business, recreational site, or other similarly appropriate use.

B.“Emergency vehicle” means any fire, police, ambulance, or first responder vehicle used in emergency or hazard activities in the town.

C.“Impacted landowner” means an owner of real estate that is provided vehicular access to a public highway/road by a driveway determined to be unsafe.

D.“Prime or productive agricultural or forestry land” means any land within the town that is currently being farmed or kept in forestry, including cropland and pastureland, or land that is included in government sponsored agricultural or forestry program.

E.“Town” means the Town of Brazeau, Oconto County, Wisconsin.

F.“Town board” means the board of supervisors for the Town of Brazeau, Oconto County, Wisconsin, and includes any designee of the board authorized to act for the board.

G.“Town clerk” means the clerk of the Town of Brazeau, Oconto County, Wisconsin.

H.“Wis stats.” Means the Wisconsin Statutes, including successor provisions to cited statutes.

SECTION IV – Coverage

A. No person may establish or construct a driveway or reconstruct, reroute, or alter the existing slope of any existing driveway or any town or other highway/road or highway/road right-of-way in the town in relation to the connection of the highway/road or highway/road right-of-way to a driveway, whether new or previously existing, without first obtaining a Town Driveway Permit to be issued by the town board.

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

SECTION V – Application and Permit Provisions

A. The town board shall approve a form for application for the Town Driveway Permit, which shall be available from the town clerk or from the Town of Brazeau website.

B.The applicant for a Town Driveway Permit shall submit to the town clerk a completed application for each with the appropriate fee and with the following attachments:

1.Sketch Map. A rough sketch showing the conceptual idea of the project and approximate location and dimensions of the project. The sketch map may be submitted to the town board prior to the preparation or submission of the other supporting documents in order for the town board to provide initial comments and review of the proposal. However, formal approval for a Town Driveway Permit will not be granted without the submission of complete supporting documents.

2.Plat Map. A plat map indicating the location and dimensions of the desire driveway and highway/road access locations, if any, as well as the parcels immediately adjacent to the applicant’s property. Once the town board has reviewed the sketch map, the applicant may be asked to submit preliminary plant or final plat.

3.Slope Analysis

4.Aerial Photo/Site Analysis (optional)

5.Driveway construction plan (optional)

C.Procedures for the evaluation of the Town Driveway Permit application by the town board, including any required/necessary site inspections of the proposed driveway. Slope and culvert needs will be included in the evaluation.

D.The town board shall approve or deny every Town Driveway Permit application and may as a condition of issuance place specific restrictions or conditions on the permit, which shall require compliance by the permittee fee. Reasons may include by are not limited to:

1.The inconsistency or nonconformance of the proposed driveway

2.The driveway, culvert or highway/road access or any combination, when constructed, rerouted, reconstructed or altered as proposed would be dangerous or unsafe for use by persons in the town.

3.The driveway will not provide adequate ingress and egress for emergency vehicles.

4.The application as filed and submitted is found incomplete or contains false material as determined by the town board.

5.An alternative driveway location will preserve or better protect more prime or productive agricultural or forestry land in the town.

6.Alternative driveway location or alternative access to highway/road locations will have less negative land use impact on community, public, or environmentally sensitive parcels of land or facilities in the town, including land adjacent to or near the proposed driveway.

E.In the event of a denial of a Town Driveway Permit, the town board shall recite the particular facts upon which it bases its denial of the permit.  The town board shall afford the applicant an opportunity to review the town board’s decision and present evidence refuting the determination.  The town board may affirm, reverse, or modify its decision.  The town board shall recite findings for any decision to modify or reverse its initial determination.

F.An application fee that is nonrefundable in an amount determined by a resolution (#6-2015) of the town board will be charged for each permit application as follows:

1.Town Driveway Permit$ 25.00


SECTION VI – Specifications

The town board may require:

1.Construction of a driveway or segment of a driveway that requires the disturbances of land with a 3-1 slope.

2.A driveway or segment of a driveway that requires a retaining wall or special erosion control measures as determined by the town board prior to any permit issuance.

3.A driveway that crosses a waterway or has the potential to significantly alter existing drainage patterns or quantity of runoff.

4.Construction or modification of a driveway that necessitates construction or improvement of a culvert

5.The town board may request in writing a driveway construction plan to include:

a.Location of the driveway or the segment of the driveway, including the width and length

b.Slope. A profile of the driveway route showing a maximum finished driveway 3-1 slope.

c.Culvert. The location, size and design calculations of any culverts

d.Erosion control. Required mulching, matting or other erosion control as applicable

If conditions required; no construction, reconstruction, rerouting, or alternation of driveway may commence until conditions are met.

The approval of the Town Driveway Permit application does not establish or commit the town to future approval of any driveway as a public road or highway in the town.

SECTION VII – Severability Clause

If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

Adopted this 19th day of May, 2015