DRIVEWAY ORDINANCE TOWN OF DEERFIELD
Section 1: Title/Purpose.
This ordinance is entitled the Town of Deerfield Driveway Ordinance. The purpose of this ordinance is as follows:
Whereas interest has been expressed to establish standards for driveways that will provide for better and safer provisions for adequate access from private development to a public right of way.
Section 2: Authority.
The Town Board of the Town of Deerfield has the specific authority, powers and duties pursuant to Sec 60.61, 60.62 and 62.23 (1988-89) WI State., pursuant to the specific statutory sections noted in this ordinance and/or by its adoption of village powers under Sec 60.10 to zone certain areas in the Town of Deerfield and to regulate, prohibit and restrict construction. Alteration, erection and enlargement of certain structures and buildings in the Town of Deerfield and to regulate and control certain uses, activities, and businesses and operation in the Town of Deerfield.
The Town Board of the Town of Deerfield has, been granted village powers pursuant to Sec. 60.10 WI Stats and the town meeting dated May 10, 2005 approved the authority of the Town Board of the Town of Deerfield to zone pursuant to Sec. 60.02 (1988-89) WI Stats.
Section 3: Adoption of Ordinance.
The Town Board of the Town of Deerfield has, by adoption of this ordinance, confirmed the specific statutory authority, powers and duties noted in the specific sections of this ordinance and has established by these sections and this ordinance the certain areas and the regulations and controlling of certain uses, activities, businesses and operations in the Town of Deerfield.
Section 4: Minimum Requirements.
All new driveways proposed to be installed or any driveway alleged to be existing and serving open land without improvements and proposed to be converted to a driveway to serve one or more structures or existing driveways where the use of the property changes shall be subject to a fee of $50.00, established by the Town Board to be paid to the township prior to the start of any construction on a new driveway and prior to the issuance of a building permit. Upon Town Board approval the applicant will get a Driveway Permit to take to County Zoning.
The applicant who may be the owner, agent, or contractor shall submit a location, construction plan showing specifications including grade, slope, width, and length of the driveway and erosion control procedures.
Authorization for a driveway is subject to the approval of the Town Board wherein located and when so approved the Town Board shall notify the Waushara County Zoning Office. If there is a dispute on the adequacy of an alleged existing driveway the decision of the Town Board will be the deciding factor. The following shall apply:
Minimum road surface width-----------------------------------------------------------16 feet
Minimum width clearance at road entrance---------------------------------------24 feet
Minimum grade from the center of the road for a distance of 33’----------0 – 3%
Board approved culvert of 15” diameter--------------------------------------------24 feet
Section 5: Definitions
Driveway/access: any area where travel occurs from a public road over land (whether by easement or ownership) not considered to be a part of the public road for the purpose of gaining access to land or improvements. This is applicable on Town Roads only (not State Highway or County Roads).
Section 6: Driveway Inspection
The applicant shall notify the Town Board within 30 days of completion of the construction or modification. Within 30 days of notification, the Town will conduct an inspection of the driveway to ensure full compliance with all of provisions of this Ordinance.
Section 7: Temporary Driveway Permit will be issued upon discretion of the Deerfield Town Board and will be considered on a case-by-case basis.
Section 8: Permit Period
The Driveway Construction Permit is effective for 12 months from the date of issuance. The Permit shall expire after 12 months unless renewed.
Type of Access Driveway Number of Access Driveways Width Max./Min.
Commercial and Industrial
Land Uses 2 50 / 24 feet
Residential Land Uses 1 35 / 16 feet
Agricultural Land Uses
On Class A and B
Highways 1 per parcel 50 / 24 feet
Agricultural Land Uses
On Class C Highways No maximum number 50 / 24 feet
Conversion of an access point from one type of use to another shall be treated the same as opening a new access point and must meet the conditions of these 4 regulations.
Design Standards: Driveways to Class A and Class B highways must comply with the design provisions of the access permit issued by the Wisconsin Department of Transportation or the County Highway Department. Driveways to Class C highways must comply with inspection and culvert requirements of the Town of Deerfield, provided they meet the following minimum standards:
Culverts, if needed, must be a minimum of 15 inches.
Driveway height must not exceed the level of the outside edge of the road shoulder.
No end or retaining walls shall be permitted on driveways.
The side slopes of the driveway shall equal or be flatter than the side slope of the main highway but should not be steeper than 2 ½ to 1, unless otherwise designated on an individual basis.
Concrete shall not be used for driveway surface material with in the right of way of all State and County Highway and Township roads.
I have read, understand and hereby to abide by the following provisions of this permit:
1. Any grading, special ditching, alteration of slopes, or any other disturbances of any portion of the highway right-of-way shall be restored by and at the expense of the applicant, to the condition existing prior to such disturbance and to the satisfaction of the Town of Deerfield board. If the restoration work or any damage caused to the highway right-of-way cannot, or will not, be accomplished voluntarily, the Town of Deerfield my complete the required work at the applicant’s expense.
2. The entire cost of the driveway construction or installation shall be the obligation of the applicant.
3. Culverts, if needed, shall be a minimum of 15” by 24’ and to be approved by the Town Board.
4. Driveway height shall not exceed the level of the road shoulder to the ditch line.
5. The side slope of the driveway shall be equal to, or flatter that, slide slope of the main highway, but shall not be steeper than 2 ½ to 1, unless otherwise designated on an individual basis.
6. No rigid vertical end wall shall be permitted.
7. Driveway spacing distances, as defined in the Driveway Ordinance, Town of Deerfield, 05-5 shall be complied with by the applicant.
8. The applicant shall keep the driveway culvert free of debris and other obstructions in order to provide proper drainage along the highway.
9. Maintenance and upkeep of the driveway shall be the responsibility of the applicant.
10. The applicant, his successors, or assigns, agree to hold harmless the Town of Deerfield and their duly appointed supervisors, agents, and employees, agents and actions for personal injury or property damage sustained by reasons of the issuance or exercise of this permit.
INSPECTION******************************FOR OFFICE USE ONLY*********************************
Culvert Needed: Yes No Modified (explain)___________________________
Culvert Size_______________________ _________________________________________
Permit Fee $50.00 (Non-refundable)
Application for Permit To Make Excavation or Fill of To Install Culvert
Inasmuch as Chapter 86.07(2) of the Statutes states that “No person shall make any excavation or fill or install any culvert…in any highway…without a permit therefore from the highway authority maintaining the highway…”
The undersigned request:
A permit for the purpose of_____________________________________________________________
On Township Road__________________________located ____________miles (north-south-east-west)
of_____________________________junction with____________________in the Town of Deerfield in
Section_______, Town______________in Waushara County.
Approximate starting date____________________ Approximate completion date_________________
APPLICANT SHALL PLACE FLAG OR MARKER IN THE HIGHWAY DITCH VISIBLE FROM THE HIGHWAY AT THE LOCATION OF THE PROPOSED WORK.
A representative of the Deerfield Town Board in company with the applicant will make an investigation and field inspection.
*****************TO BE COMPLETED BY TOWN BOARD REPRESENTATIVE***************************
Type of driveway NCR NCU CR CU Add’l driveway:________If so explain why_________________________________
Number of driveways__________ Proposed land use________________________________________________________________
Side of the road_________Quadrant________
No culvert, state why_________________________________________________________________
Signed: Town Representative_____________________________________________________________________________________
(All fences, trees, shrubs and/or fixtures MUST be off Highway right of way)
Print name clearly___________________________________________________________________________________________
Mail this application to: Town of Deerfield, N3885 7th Drive, Hancock, WI 54943