00 Dellona Code of Ordinances - Table of Contents

 

TOWN OF DELLONA, SAUK COUNTY, WISCONSIN

E8062 Highway H

Lyndon Station, WI. 53944

 

CODE OF ORDINANCES

 

Revised December 9, 2014

 

TABLE OF CONTENTS

 

1. UNIFORM DWELLING CODE (UDC) ORDINANCE (MARCH 5, 2007)
2. Section 1.1 Authority
3. Section 1.2 Purpose
4. Section 1.3 Scope
5. Section 1.4 Adoption of Wisconsin Uniform Dwelling Code
6. Section 1.5 Building Inspector
7. Section 1.6 Building Permit Required
8. Section 1.7 Building Permit Fees
9. Section 1.8 Penalties
10. Section 1.9 Effective Date

 

2. PLAN COMMISSION ORDINANCE (MARCH 7, 2005)
3. Section 1 Title
4. Section 2 Purpose
5. Section 3 Authority; Establishment
6. Section 4 Membership
7. Section 5 Appointments
8. Section 6 Terms of Office
9. Section 7 Vacancies
10. Section 8 Compensation; Expenses
11. Section 9 Experts; Staff
12. Section 10 Rules; Records
13. Section 11 Chairperson & Officers
14. Section 12 Commission Members as Local Public Officials
15. Section 13 General and Miscellaneous Powers
16. Section 14 Town Master Planning & Comprehensive Planning; General Authority & Requirements
17. Section 15 Procedure for Plan Commission Adoption & Recommendation of a Town Comprehensive Plan or Amendment
18. Section 16 Plan Implementation & Administration
19. Section 17 Referrals to Plan Commission
20. Section 18 Effective Date                                                                                                                                                          

 

3. DRIVEWAY ORDINANCE (September 4, 2006)
4. Section 1.01 Purpose
5. Section 1.02 Jurisdiction
6. Section 1.03 Authority
7. Section 1.04 Definitions
8. Section 1.05 Application Requirements and Procedures
9. Section 1.06 Plan Requirements
10. Section 1.07 Specification for Driveway Plans
11. Section 1.08 Specification for Driveway Construction Plans
12. Section 1.09 Approval for Driveway Construction Permits
13. Section 1.10 Specifications for Constructing Driveways
14. Section 1.11 Existing Driveways
15. Section 1.12 Penalties
16. Section 1.13 Severability
17. Section 1.14 Effective Date

 

4. UTILITIES IN TOWN RIGHT OF WAYS ORDINANCE (September 4, 2006)
5. Section 1.01 Purpose
6. Section 1.02 Application
7. Section 1.03 Protective Measures and Routing of Traffic
8. Section 1.04 Relocation and Protection of Installations
9. Section 1.05 Protection of Public Property
10. Section 1.06 Prompt Completion of Work
11. Section 1.07 Noise, Dust & Debris
12. Section 1.08 Restoration of Streets and Sidewalks
13. Section 1.09 Warranty of Work
14. Section 1.10 Liability
15. Section 1.11 Inspections
16. Section 1.12 Drawings
17. Section 1.13 Emergency Action
18. Section 1.14 Application Requirements
19. Section 1.15 Excavation Requirements
20. Section 1.16 Restoration of Streets
21. Section 1.17 Methods of Construction
22. Section 1.18 Definitions
23. Section 1.19 Effective Date

 

 

5. CLASS B ROADS ORDINANCE (November 7, 2005)
6. Paragraph 1 Adoption
7. Paragraph 2 Declaration of Class B Road Status
8. Paragraph 3 Weight Limitations
9. Paragraph 4 Authority for Erecting Signage
10. Paragraph 5 Imposition of Speed-dial Weight Limitations
11. Paragraph 6 Penalties
12. Paragraph 7 Effective Date

 

6. REIMBUSEMENT FEE ORDINANCE (February 14, 2007)
7. Section 1 Findings and Purpose
8. Section 2 Reimbursement Fee
9. Section 3 Effective Date

 

7. RECYCLING ORDINANCE (September 6, 1994)
8. Paragraph 1 Purpose
9. Paragraph 2 Statutory Authority
10. Paragraph 3 Abrogation and Greater Restrictions
11. Paragraph 4 Interpretation
12. Paragraph 5 Severability
13. Paragraph 6 Applicability
14. Paragraph 7 Administration
15. Paragraph 8 Effective Date
16. Paragraph 9 Definitions (Items 1-25)
17. Paragraph 10 Separation of Recyclable Materials
18. Paragraph 11 Separation Requirements Excepted
19. Paragraph 12 Management of Lead Acid Batteries, Major Appliances, Waste Oil, and Yard Waste
20. Paragraph 13 Preparation and Collection of Recyclable Materials
21. Paragraph 14 Collection Schedule
22. Paragraph 15 Special Materials
23. Paragraph 16 Anti-Scavenging/Unlawful Removal of Recyclables
24. Paragraph 17 No Dumping
25. Paragraph 18 No Burning or Burying
26. Paragraph 19 Non-Disposable Materials
27. Paragraph 20 Garbage from Outside of Town of Dellona
28. Paragraph 21 Ownership of Recyclables
29. Paragraph 22 Exemptions
30. Paragraph 23 Right to Reject Materials
31. Paragraph 24 Hauling Licenses
32. Paragraph 25 Reporting Requirements
33. Paragraph 26 Processing Facilities
34. Paragraph 27 Hauler Restrictions
35. Paragraph 28 Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings
36. Paragraph 29 Responsibilities of Owners or Designated Agents of Non-Residential Facilities and Properties
37. Paragraph 30 Prohibitions on Disposal of Recyclable Materials Separated for Recycling
38. Paragraph 31 Establish Fees
39. Paragraph 32 Enforcement
40. Paragraph 33 Effective Date

 

8. ORDINANCE TO ADOPT THE COMPREHENSIVE PLAN (June 1, 2009)
9. Section 1 Authority
10. Section 2 Description of Plan
11. Section 3 Approval by Plan Commission
12. Section 4 Public Hearings and Disclosure
13. Section 5 Enactment
14. Section 6 Effective Date

 

9. ORDINANCE ESTABLISHING FIRE PROTECTION CHARGES (January 4, 2010)
10. Section 1 Authority
11. Section 2 Liability for Fire Protection Costs
12. Section 3 Payment of Fire Call Fee
13. Section 4 Liability for Fire Calls from Departments Other than Authorized Fire Departments
14. Section 5 Severability
15. Section 6 Effective Date

 

10. LAND DIVISION AND SUBDIVISION ORDINANCE (March 7, 2011)

Part 1     Authority and General Provisions

10. Sec 10.01.01 Authority
11. Sec 10.01.02 Purpose and Intent
12. Sec 10.01.03 Severability
13. Sec 10.01.04 Repeal
14. Sec 10.01.05 Title
15. Sec 10.01.06 Effective Date
16. Sec 10.01.07 Definitions
17. Sec 10.01.08 Jurisdiction
18. Sec 10.01.09 Compliance with Ordinances, Statures, Regulations & Plans
19. Sec 10.01.10 Right to Farm

                Part 2    Streets, Easements, Lots and Blocks

10. Sec 10.01.11 Streets
11. Sec 10.01.12 Utility Easements
12. Sec 10.01.13 Drainage Way
13. Sec 10.01.14 Lots and Blocks

                Part 3    Required Improvements – Water, Sewer, Roads and Drainage

10. Sec 10.01.15 Water and Sewage Disposal System
11. Sec 10.01.16 Grading and Surfacing of Public Roads
12. Sec 10.01.17 Storm Water Drainage Facilities
13. Sec 10.01.18 Erosion Control
14. Sec 10.01.19 Special Assessments
15. Sec 10.01.20 Construction Plans and Specifications
16. Sec 10.01.21 Preliminary Utility Plans

                Part 4    Access and Dedications

10. Sec 10.01.22 Public Access to Navigable Water
11. Sec 10.01.23 Dedication of Lands for Streets and Public Ways
12. Sec 10.01.24 Dedication of Lands for Parks, Playgrounds, Open Space and/or Other Facilities
13. Sec 10.01.25 Reservation of Lands for Parks, School Sites or Public Sites

                Part 5    Approval Process

10. Sec 10.01.26 Pre-Application Procedure
11. Sec 10.01.27 Development Plan
12. Sec 10.01.28 Development Plan Procedure
13. Sec 10.01.29 Land Suitability
14. Sec 10.01.30 Preliminary Plat
15. Sec 10.01.31 Preliminary Plat Procedure
16. Sec 10.01.32 Final Plat
17. Sec 10.01.33 Final Plat Procedure
18. Sec 10.01.34 Condominium plat Procedure
19. Sec 10.01.35 Certified Survey Map
20. Sec 10.01.36 Certified Survey Map Procedure
21. Sec 10.01.37 Monuments

                Part 6    Conservation Subdivisions

10. Sec 10.01.38 Conservation Subdivision Density and Design Standards
11. Sec 10.01.39 Minimum Open Space

                Part 7    Condominium Plats

10. Sec 10.01.40 Condominium Plan Density and Design Standards
11. Sec 10.01.41 Common Open Space Ownership Standards

                Part 8    Conventional Subdivision

10. Sec 10.01.42 Conventional Subdivision Density and Design Standards

                Part 9    Administration and Enforcement

10. Sec 10.01.43 Plan Commission
11. Sec 10.01.44 Fees, Enforcement, Variances and Appeals
12. Sec 10.01.45 Recording and Conveyance of Lots or Parcels Included Within Land Division Requiring Town Approval
13. Sec 10.01.46 Abrogation and Greater Restrictions
14. Sec 10.01.47 Waiver of Liability

                Part 10  Developer’s Agreement

10. Sec 10.01.48 Financial Sureties
11. Sec 10.01.49 Construction Phases and Time of Completion
12. Sec 10.01.50 Guarantee of Work
13. Sec 10.01.51 Contractor Qualification
14. Sec 10.01.52 Reimbursement to the Town for Costs Sustained

 

11. FIREWORKS (January 1, 2012)
12. Applicability
13. Permit Required
14. Other Provisions
15. Validation of Permit
16. Penalties

 

12. Ordinance to Extend Town Officer Terms in Response to Election Law Changes (February 13, 2012)

 

 

13. Ordinance Establishing Monthly Parking Fee for Mobile Homes and Regulating Mobile Home Parks (February 13, 2012)
14. Section 1 – Authority by State Statute
15. Section 2 – Monthly Parking Fee
16. Section 3 – Mobile Home Parks
17. Section 4 – Collection of Fees
18. Section 5 – Penalties
19. Section 6 – Effective Date

 

14. Ordinance to Impose a Moratorium on the Expansion of Existing and Creation of New Non-Metallic Mining Operations Within the Town of Dellona, Sauk County, Wisconsin Pending the Study of Possible Legislative Actions. (March 13, 2012)

 

15. Ordinance Pertaining to the Destruction of Public Records (July 9, 2012)

 

16. Fire Inspections (August 20, 2012)

 

 

 

17. Ordinance Requiring License Holders and Applicants to be Current on Tax Payments (October 8, 2012)

 

18. Confidentiality of Assessor Records

 

19. Sales of Package Goods by Class B Liquor License Holders

 

20. Adopts Wisconsin Size/Weight Road Limits for Implements of Husbandry

 

 

                Revised December 9, 2014, to reflect addition of all Ordinances through Ordinance 20

                                                                By Lynn Eberl, Clerk           

 

2 PLAN COMMISSION ORDINANCE

 

Town of Dellona Plan Commission Ordinance

 

            The Town Board of the Town of Dellona, Sauk County, Wisconsin, does ordain as follows:

 

Section 1. Title

This ordinance is entitled the “Town of Dellona Plan Commission Ordinance”.

 

Section 2.  Purpose

The purpose of this ordinance is to establish a Town of Dellona Plan Commission and set forth its organization, powers and duties, to further the health, safety, welfare and wise use of resources for the benefit of current and future residents of the Town and affected neighboring jurisdictions, through the adoption and implementation of comprehensive planning with significant citizen involvement.

 

Section 3.  Authority; Establishment

The Town Board of the Town of Dellona has been authorized by the Town meeting under sec. 60.11(2)(c), Wis. Stats., to exercise village powers and the Town has a population of less than 2,500, according to the most recent regular or special federal census, sec. 990.01(29), Wis. Stats.  The Town Board hereby exercises village powers under sec. 60.22(3), Wis. Stats., and establishes a five (5) member Plan Commission under secs. 60.62(4), 61.35 and 62.23, Wis. Stats.  The Plan Commission shall be considered the “Town Planning Agency” under secs. 236.02(13) and 236.45, Wis. Stats., which authorize, but do not require, Town adoption of a subdivision or other land division ordinance.

 

Section 4.  Membership

The Plan Commission consists of five (5) members, all of whom shall be appointed by the Town Board Chairperson, who shall also select the presiding officer.  The Town Board Chairperson may appoint himself or herself to the commission and may appoint other Town elected or appointed officials to the commission, except that the commission shall always have at least one citizen member who is not a town official.  Citizen members shall be persons of recognized experience and qualifications.

 

Section 5.  Appointments

The Town Board Chairperson shall appoint the members of the Plan Commission and designate a Plan Commission Chairperson during the month of April to fill any expiring term.  The Town Board Chairperson may appoint himself or herself or another Town Board member to the Plan Commission and may designate himself or herself, the other Town Board member, or a citizen member as Chairperson of the Plan Commission.  All appointments are subject to the advisory approval of the Town Board.  In a year in which any Town Board member is elected at the spring election, any appointment or designation by the Town Board Chairperson shall be made after the election and qualification of the Town Board members elected.  Any citizen appointed to the Plan Commission shall take and file the oath of office within five (5) days of notice of appointment, as provided under secs. 19.01 and 60.31, Wis. Stats.

Section 6.  Terms of Office

The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of three (3) years, ending on April 30, or until a successor is appointed and qualified, except:

• Initial Terms. The members initially appointed to the Plan Commission shall be appointed for staggered terms.  The Town Chairperson shall appoint the members to the terms as follows:  two members to serve two (2) year terms, two members to serve one (1) year terms, and one member to ser a three (3) year term.
• Town Board Member or Chairperson. The Plan Commission member who is a Town Board member or Town Board Chairperson, including a person designated the Plan Commission Chairperson, shall serve for a period of two (2) years, as allowed under se. 66.0501(2), Wis. Stats., concurrent with his or her term on the Town Board, except an initial appointment made after April 30 shall be for a term that expires two (2) years from the previous April 30.

 

Section 7. Vacancies

A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term.

 

Section 8.  Compensation; Expenses

The Town Board of the Town of Dellona hereby sets a per diem allowance of $25.00 per meeting for citizen and Town board members of the Plan Commission, as allowed under sec. 66.0501(2), Wis. Stats.  In addition, the Town Board may reimburse reasonable costs and expenses, as allowed under sec. 60.321, Wis. Stats., for citizen members.

 

Section 9.  Experts & Staff

The Plan Commission may, under sec. 62.23(1), Wis. Stats., recommend to the Town Board the employment of experts and staff, and may review and recommend to the approval authority proposed payments under any contract with an expert.

 

Section 10.  Rules; Records

The Plan Commission, under sec. 62.23(2), Wis. Stats., may adopt rules for the transaction of its business, subject to Town ordinances, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record under secs. 19.21-19.39, Wis. Stats.

 

Section 11. Chairperson & Officers

• The Plan Commission Chairperson shall be appointed and serve a term as provided in sections 5 and 6, of this ordinance.  The Chairperson shall, subject to Town ordinances and Commission rules:

1. provide leadership to the Commission;
2. set Commission meeting and hearing dates;
3. provide notice of Commission meetings and hearings and set their agendas, personally or by his or her designee;
4. preside at Commission meetings and hearings; and
5. ensure that the laws are followed.

• Vice Chairperson. The Plan Commission may elect, by open vote or secret ballot under sec. 19.88(1), Wis. Stats., a Vice Chairperson to act in the place of the Chairperson when the Chairperson is absent or incapacitated for any cause.
• The Plan Commission shall elect, by open vote or secret ballot under sec. 19.88(1), Wis. Stats., one of its members to serve as Secretary, or, with the approval of the Town Board, designate the Town Clerk or other Town officer or employee as Secretary.

Section 12. Commission Members as Local Public Officials

            All members of the Plan Commission shall faithfully discharge their official duties to the best of their abilities, as provided in the oath of office, sec. 19.01, Wis. Stats., in accordance with, but not limited to, the provisions of the Wisconsin Statutes on: Public Records, secs. 19.21-19.39; Code of Ethics for Local Government Officials, secs. 19.42, 19.58 & 19.59; Open Meetings, secs. 19.81-19.89; Misconduct in Office, sec. 946.12; and Private Interests in Public Contracts, sec. 946.13.  Commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.

 

Section 13. General & Miscellaneous Powers

The Plan Commission, under sec. 62.23(4), Wis. Stats., shall have the power:

• Necessary to enable it to perform its functions and promote Town planning.
• To make reports and recommendations relating to the plan and development of the Town to the Town Board, other public bodies, citizens, public utilities and organizations.
• To recommend to the Town Board programs for public improvements and the financing of such improvements.
• To receive from public officials, within a reasonable time, requested available information required for the Commission to do its work.
• For itself, its members and employees, in the performance of their duties, to enter upon land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. However, entry shall not be made upon private land, except to the extent that the private land is held open to the general public, without the permission of the landowner or tenant.  If such permission has been refused, entry shall be made under the authority of an inspection warrant issued for cause under sec. 66.0119, Wis. Stats., or other court-issued warrant.

 

Section 14.  Town Master Planning & Comprehensive Planning:  General Authority & Requirements

• The Plan Commission, under sec. 62.23(2), Wis. Stats., shall except as provided in sub. (2) of this section, make and adopt the Town master plan, with accompanying maps, plats, charts and descriptive and explanatory matter, which shall include the nine (9) elements specified under the comprehensive planning law, sec. 66.1001(2), Wis. Stats.
• In lieu of the adoption of a master plan under sub. (1) of this section, the Plan Commission may make and adopt a comprehensive plan under secs. 62.23 and 66.1001, Wis. Stats., which contains the elements specified in sec. 66.1001(2), Wis. Stats, and follows the procedures in sec. 66.1001(4), Wis. Stats.
• Regardless of whether the Town has a master plan under sub. (1) of this section, or is developing one, the Plan Commission shall make and adopt a comprehensive plan under sub. (2) of this section and the comprehensive planning law, sec. 66.1001, Wis. Stats., within the time period directed by the Town Board, but not later than a time sufficient to allow the Town Board to review the plan and pass an ordinance adopting it to take effect on or before January 1, 2010, so that the Town comprehensive plan is in effect by the date on which any Town program or action affecting land use must be consistent with the Town comprehensive plan under sec. 66.1001(3), Wis. Stats.
• In this section the requirement to “make” the plan means that the Plan Commission shall ensure that the plan is prepared, and oversee and coordinate the preparation of the plan, whether the work is performed for the Town by the Plan Commission, Town staff, another unit of government, the regional planning commission, a consultant, citizens, an advisory committee, or any other person, group or organization.

 

Section 15.  Procedure for Plan Commission Adoption & Recommendation of a Town Comprehensive Plan or Amendment

The Plan Commission, in order to ensure that the requirements of sec. 66.1001(4), Wis. Stats., are met, shall proceed as follows.

• Public participation verification. Prior to beginning work on a comprehensive plan, the Plan Commission shall verify that the Town Board has adopted written procedures designed to foster public participation in every stage of preparation of the comprehensive plan.  These written procedures shall include open discussion, communication programs, information services and noticed public meetings.  These written procedures shall further provide for wide distribution of proposed, alternative or amended elements of a comprehensive plan and shall provide an opportunity for written comments to be submitted by members of the public to the Town Board and for the Town Board to respond to such written comments.
• The Plan Commission, under sec. 66.1001(4)(b), Wis. Stats., shall recommend its proposed comprehensive plan or amendment to the Town Board by adopting a resolution by a majority vote of the entire Plan Commission.  The vote shall be recorded in the minutes of the Plan Commission.  The resolution shall refer to maps and other descriptive materials that relate to one or more elements of the comprehensive plan.  The resolution adopting a comprehensive plan shall further recite that the requirements of the comprehensive planning law have been met, under sec. 66.1001, Wis. Stats., namely that:

1. the Town Board adopted written procedures to foster public participation and that such procedures allowed public participation at each stage of preparing the comprehensive plan;
2. the plan contains the nine (9) specified elements and meets the requirements of those elements;
3. the (specified) maps and (specified) other descriptive materials relate to the plan;
4. the plan has been adopted by a majority vote of the entire Plan Commission, which the clerk or secretary is directed to record in the minutes; and
5. the Plan Commission clerk or secretary is directed to send a copy of the comprehensive plan adopted by the Commission to the governmental units specified in sec. 66.1001(4), Wis. Stats., and sub. (3) of this section.

• One copy of the comprehensive plan or amendment adopted by the Plan Commission for recommendation to the Town Board shall be sent to:

1. Every governmental body that is located in whole or in part within the boundaries of the Town, including any school district, Town sanitary district, public inland lake protection and rehabilitation district or other special district.
2. The clerk of every city, village, town, county and regional planning commission that is adjacent to the Town.
3. The Wisconsin Land Council.
4. After September 1, 2003, the Department of Administration.
5. The regional planning commission in which the Town is located.
6. The public library that serves the area in which the Town is located.

 

Section 16.  Plan Implementation & Administration

• Ordinance development. If directed by resolution or motion of the Town Board, the Plan Commission shall prepare the following:

60. A proposed Town zoning ordinance under village powers, secs. 60.22(3), 61.35 and 62.23(7), Wis. Stats., a Town construction site erosion control and stormwater management zoning ordinance under sec. 60.627(6), Wis. Stats., a Town exclusive agricultural zoning ordinance under subch. V of ch. 91, Wis. Stats., and any other zoning ordinance within the Town’s authority.
61. Official map. A proposed official map ordinance under sec. 62.23(6), Wis. Stats.
62. A proposed Town subdivision or other land division ordinance under sec. 236.45, Wis. Stats.
63. Any other ordinance specified by the Town Board.

• Ordinance amendment. The Plan Commission, on its own motion, or at the direction of the Town Board by its resolution or motion, may prepare proposed amendments to the Town’s ordinances relating to comprehensive planning and land use.
• Non-regulatory programs. The Plan Commission, on its own motion, or at the direction of the Town Board by resolution or motion, may propose non-regulatory programs to implement the comprehensive plan, including programs relating to topics such as education, economic development and tourism promotion, preservation of natural resources through the acquisition of land or conservation easements, and capital improvement planning.
• Program administration. The Plan Commission shall, pursuant to Town ordinances, have the power for subdivision review.  Proposed plats under ch. 236, Wis. Stats., and proposed subdivisions or other land divisions under any Town subdivision ordinance under sec. 236.45, Wis. Stats. shall be referred to the Plan Commission for review and recommendation to the Town Board.
• Any ordinance, amendment or program proposed by the Plan Commission, and any Plan Commission approval, recommendation for approval or other action under Town ordinances or programs that implement the Town’s comprehensive plan under secs. 62.23 and 66.1001, Wis. Stats., shall be consistent with that plan as of January 2, 2010.  If any such Plan Commission action would not be consistent with the comprehensive plan, the Plan Commission shall use this as information to consider in updating the comprehensive plan.

 

Section 17.  Referrals to the Plan Commission

• Required referrals under sec. 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for report:

1. The location and architectural design of any public building.
2. The location of any statue or other memorial.
3. The location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any:
4. street, alley or other public way;
5. park or playground;

• airport;

1. area for parking vehicles; or
2. other memorial or public grounds.
3. The location, extension, abandonment or authorization for any publicly or privately owned, public utility.
4. All plats under the Town’s jurisdiction under ch. 236, Wis. Stats., including divisions under a Town subdivision or other land division ordinance adopted under sec. 236.45, Wis. Stats.
5. The location, character and extent or acquisition, leasing or sale of lands for:
6. public or semi-public housing;
7. slum clearance;

• relief of congestion; or

1. vacation camps for children.
2. The amendment or repeal of any ordinance adopted under sec. 62.23, Wis. Stats., including ordinances relating to: the Town Plan Commission; the Town master plan or the Town comprehensive plan under sec. 66.1001, Wis. Stats.; a Town official map; and Town zoning under village powers.

• Required referrals under sections of the Wisconsin Statutes other than sec. 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for report:

48. An application for initial licensure of a child welfare agency or group home under sec. 48.68(3), Wis. Stats.
49. An application for initial licensure of a community-based residential facility under sec. 50.03(4), Wis. Stats.
50. Proposed designation of a street, road or public way, or any part thereof, wholly within the jurisdiction of the Town, as a pedestrian mall under sec. 66.0905, Wis. Stats.
51. Matters relating to the establishment or termination of an architectural conservancy district under sec. 66.1007, Wis. Stats.
52. Matters relating to the establishment of a reinvestment neighborhood required to be referred under sec. 66.1107, Wis. Stats.
53. Matters relating to the establishment or termination of a business improvement district required to be referred under sec. 66.1109, Wis. Stats.
54. A proposed housing project under sec. 66.1211(3), Wis. Stats.
55. Matters relating to urban redevelopment and renewal in the Town required to be referred under subch. XIII of ch. 66, Wis. Stats.
56. The adoption or amendment of a Town subdivision or other land division ordinance under sec. 236.45(4), Wis. Stats.
57. Any other matter required by the Wisconsin Statutes to be referred to the Plan Commission.

• Required referrals under this ordinance. In addition to referrals required by the Wisconsin Statutes, the following matters shall be referred to the Plan Commission for report:

59. Any proposal, under sec. 59.69, Wis. Stats., for the town to approve general county zoning so that it takes effect in the town, or to remain under general county zoning.
60. Proposed regulations or amendments relating to historic preservation under sec. 60.64, Wis. Stats.
61. A proposed driveway access ordinance or amendment.
62. A proposed Town official map ordinance under sec. 62.23(6), Wis. Stats., or any other proposed Town ordinance under sec. 62.23, Wis. Stats., not specifically required by the Wisconsin Statutes to be referred to the commission.
63. A proposed Town zoning ordinance or amendment adopted under authority separate from or supplemental to sec. 62.23, Wis. Stats., including a Town construction site erosion control and stormwater management zoning ordinance under sec. 60.627(6), Wis. Stats., and a Town exclusive agricultural zoning ordinance under subch. V of ch. 91, Wis. Stats.
64. A proposed extraterritorial zoning ordinance or a proposed amendment to an existing ordinance under sec. 62.23(7a), Wis. Stats.
65. A proposed boundary change, pursuant to an approved cooperative plan agreement under sec. 66.0307, Wis. Stats., or a proposed boundary agreement under sec. 66.0225, Wis. Stats., or other authority.
66. A proposed zoning ordinance or amendment pursuant to an agreement in an approved cooperative plan under sec. 66.0307(7m), Wis. Stats.
67. Any proposed plan, element of a plan or amendment to such plan or element developed by the regional planning commission and sent to the Town for review or adoption.
68. Any proposed contract, for the provision of information, or the preparation of a comprehensive plan, an element of a plan or an implementation measure, between the Town and the regional planning commission, under sec. 66.0309, Wis. Stats., another unit of government, a consultant or any other person or organization.
69. A proposed ordinance, regulation or plan, or amendment to the foregoing, relating to a mobile home park under sec. 66.0435, Wis. Stats.
70. A proposed agreement, or proposed modification to such agreement, to establish an airport affected area, under sec. 66.1009, Wis. Stats.
71. A proposed town airport zoning ordinance under sec. 114.136(2), Wis. Stats.
72. A proposal to create environmental remediation tax incremental financing in the town under sec. 66.1106, Wis. Stats.
73. A proposed county agricultural preservation plan or amendment, under subch. IV of ch. 91, Wis. Stats., referred by the county to the Town, or proposed Town agricultural preservation plan or amendment.
74. Any other matter required by any Town ordinance or Town Board resolution or motion to be referred to the Plan Commission.

• Discretionary referrals. The Town Board, or other town officer or body with final approval authority or referral authorization under the Town ordinances, may refer any of the following to the Plan Commission for report and/or recommendation:

1. A proposed county development plan or comprehensive plan, proposed element of such a plan, or proposed amendment to such plan.
2. Zoning amendments. The Town Board Chairperson may refer petitions for rezoning under County zoning to the Plan Commission for review and recommendation to the Town Board for approval, approval with conditions, disapproval or veto.  If such a matter is referred, the time line for the Plan Commission to review and provide its recommendation will be as directed by the Town Board Chairperson, and if the Plan Commission does not provide its recommendation within that time period, the Town Board may proceed to determine to approve, approve with conditions, disapprove or veto without the recommendation of the Plan Commission.  For all such referrals, the Plan Commission’s recommendation to the Town Board is advisory only, and the Town Board is in no way delegating its authority to the Plan Commission for approving, approving with conditions, disapproving or vetoing of a rezoning petition.
3. A proposed county subdivision or other land division ordinance under sec. 236.45, Wis. Stats., or amendment.
4. An appeal or permit application under the county zoning ordinance to the county zoning board of adjustment, county planning body or other county body.
5. A proposed intergovernmental cooperation agreement, under sec. 66.0301, Wis. Stats., or other statute, affecting land use, or a municipal revenue sharing agreement under sec. 66.0305, Wis. Stats.
6. A proposed plat or other land division under the county subdivision or other land division ordinance under sec. 236.45, Wis. Stats.
7. A proposed county plan, under sec. 236.46, Wis. Stats., or the proposed amendment or repeal of the ordinance adopting such plan, for a system of town arterial thoroughfares and minor streets, and the platting of lots surrounded by them.
8. Any other matter deemed advisable for referral to the Plan Commission for report.

• Referral period. No final action may be taken by the Town Board or any other officer or body with final authority on a matter referred to the Plan Commission until the Commission has made its report, or thirty (30) days, or such longer period as stipulated by the Town Board, has passed since referral, if required by the Wisconsin Statutes may be shortened only if so authorized by statute.  The thirty (30) day referral period, for matters subject to required or discretionary referral under the Town’s ordinances, but not required to be referred under the Wisconsin Statutes, may be made subject by the Town Board to a referral period shorter or longer than the thirty (30) day referral period if deemed advisable.

 

Section 18. Effective Date

            Following passage by the Town Board, this ordinance shall take effect the day after the date of publication or posting as provided by sec. 60.80, Wis. Stats.

ADOPTED this 7^th day of March, 2005.

 

 

 

___________________________________

Duane Brooks

Town Board Chairperson

 

 

[Published / Posted] this 7^th day of March, 2005.

 

 

 

Attest: _____________________________

Lisa Rockweiler

Town Clerk

 

3 DRIVEWAY ORDINANCE

 

 

Town of Dellona, Sauk County, Wisconsin

DRIVEWAY ORDINANCE

ORDINANCE NO. _01-04_

 

• PURPOSE

 

The purpose of this ordinance is to regulate the establishment, construction, improvement, modification or reworking of a driveway to assure that the site, method of construction and conservation practices used will promote the public health, safety, and general welfare of the

community.

 

1.02     JURISDICTION

 

Jurisdiction of these regulations shall include all driveways on land within the Town of Dellona.  Except as provided in Section 1.11, existing driveways that undergo repairs involving changes to

the existing grade and/or re-routing are subject to the provisions of this ordinance.  The

provisions of this ordinance do not apply to field roads.

 

• AUTHORITY

 

These regulations are adopted under the general police powers authority granted pursuant to

section 60.10(2)(c), 60.22(3) and 61.34(1) of the Wisconsin Statutes, and under the controlled

access highway power granted pursuant to section 83.027(10) and 84.25(10) of the Wisconsin

Statutes.

 

1.04      DEFINITIONS

 

1. Driveway. A private driveway, road or other avenue of travel that runs through any

part of a private parcel of land and connects with any public roadway, and will

                provide service to a residence or business, except agricultural access driveways.

 

2. Agricultural Access Driveway. A private driveway, road or other avenue of travel

that runs through any part of a private parcel of land that connects with any public

                roadway, that is used for the sole purpose of providing roadway access to

                agricultural buildings, fields or other agricultural areas.

 

3. Field Road. A road that does not connect with a public roadway and lies outside the

right-of-way of a public roadway.

 

4. Town Building Inspector/Engineer. The individual(s) and/or agent(s) hired by the

Town Board to act in these capacities.

 

1.05    APPLICATION REQUIREMENTS AND PROCEDURES

1. Who Must Apply. Any person or entity wishing to establish, construct, improve, modify

or re-route a driveway must first obtain a Driveway Construction Permit from the Town

Building Inspector/Engineer.

 

2. Application Forms. The Town Building Inspector/Engineer shall approve an application

                form for Driveway Construction Permits.  This is available from the Town Building Inspector/

                Engineer and/or the Town Clerk.

 

3. Application and Supporting Documents. The person or entity shall submit 1 copy of a completed Driveway Construction Permit Application with the appropriate fee and the following attachments to the Town Building Inspector/Engineer:

 

1. Site Map. A site map indicating the location and dimensions of the desired driveway.  The map shall be a sketch of the entire parcel of land on which the driveway is located and an attempt should be made to draw the map to scale.

 

1. Driveway Location Plan or Driveway Construction Plan. As required in 1.06.  All applicants will need the Town Building Inspector/Engineer to view the driveway location to determine the grade and whether a Driveway Location Plan or a Construction Plan is needed.  The application fee covers the initial inspection and completion inspection.

 

 

                If submittal to the Town Plan Commission or Town Board is required, two copies of the

                completed Driveway Construction Permit Application shall be submitted to the Town Clerk.

 

4. Permit Application Denial. If the Town Building Inspector/Engineer denies two consecutive applications for a Driveway Construction Permit, the applicant may not submit a Driveway Construction Permit application within three months of denial.

 

5. Permit Period. The Driveway Construction Permit is effective for 12 months from the date of issuance.  The permit shall expire after these 12 months, unless renewed by the Town Building Inspector/Engineer.

 

6. Driveway Inspection. The applicant shall notify the Town Building Inspector/Engineer within 30 days of completing construction or modification.  Within 30 days of this notice, the Town Building Inspector/Engineer will inspect the driveway to ensure full compliance with all of the provisions of this Ordinance.

 

7. Occupancy Permit. No Occupancy Permit for new residential construction shall be issued until the driveway is constructed according to the specifications of this Ordinance and the Town Building Inspector/Engineer approves the final inspection.

 

8. Application Fee. A non-refundable application fee of an amount determined by a resolution of the Town Board and specified in the Town’s Fee Schedule shall be charged for each application.

 

9. Other Fees. The Town shall charge additional fees for each trip to the site by the Town Building Inspector/Engineer, other than the initial inspection and completion inspection. 

The Town Building Inspector/Engineer will minimize trips to sites to the extent possible; however, more sensitive sites will likely require more inspection.  The amount of said other fees shall be determined by resolution of the Town Board and are specified in the Town’s Fee Schedule.

 

10. Responsibility For Costs. All costs of construction of said driveway, including permit fees, cost of culverts and various erosion controls and surface water management measures, engineer’s plan(s), inspection(s), if required, shall be paid by the property owner requesting the permit.

 

1.06       PLAN REQUIREMENTS

 

All applicants will need the Town Building Inspector/Engineer to view the driveway location (the initial inspection) to determine the grade and whether a Driveway Location Plan or a Driveway Construction Plan is required.  All driveways shall meet the specifications as provided in Section 1.10.

 

1. Driveway Location Plan. A Location Plan is required for all segments of the proposed driveway unless a Driveway Construction Plan is needed.  The plan shall show the exact location of the driveway on the lot and meet all requirements for Driveway Location Plans as provided in Section 1.07.

 

2. Driveway Construction Plan. A Driveway Construction Plan is required for the entire driveway when:

 

1. Construction of a driveway or segment of a driveway requires disturbing land with a grade of 10 percent or more; or

 

1. A driveway or segment of a driveway requires a retaining wall or other special erosion control measures as determined by the Town Building Inspector/Engineer; or

 

1. A driveway crosses a waterway or has the potential to significantly alter existing drainage patterns and/or quantity of runoff.

 

The plan shall show the exact location of the driveway on the lot and meet all requirements for Driveway Location Plans as provided in Section 1.08.

 

1.07        SPECIFICATIONS FOR DRIVEWAY LOCATION PLANS

 

A Driveway Location Plan will include:

 

1. Location. The precise location of the driveway on the lot.

 

2. Grade. A profile of the proposed driveway route before and after construction.

 

3. Culvert. The location and size of any culverts as approved by the Town Building Inspector/Engineer to meet a minimum 25-year, 24-hour storm standard.

 

4. Erosion Control Plan. The proposal shall describe plans and dates to re-seed, mulch, ditch, place culverts and carry out other erosion control practices.  With the exception of seeding and vegetation, all erosion controls shall be installed prior to land disturbance or at the appropriate stage of construction and shall remain in place until permanent vegetation is sufficiently established to effectively prevent erosion.  Identify the type and location of erosion control measures including, but not limited to, flow diversion, silt fence, erosion bales, stone ditch checks and measures to prevent tracking soil onto public roadways.

 

Preparing a Driveway Location Plan does not guarantee approval of the Driveway Construction Permit Application by the Town Building Inspector/Engineer.

 

1.08        SPECIFICATIONS FOR DRIVEWAY CONSTRUCTION PLANS

 

If required, a Driveway Construction Plan will include a scale plan showing the following:

 

1. Location. The precise location of the driveway on the lot.

 

2. Grade. A profile of the proposed driveway route before and after construction.

 

3. Retaining Walls. The location and structure of any retaining walls.

 

4. Culverts. The location, size and design calculations of any culverts.

 

5. Storm Water Management. Drainage methods for the driveway for the particular surface type, including location and dimensions of ditches, and proper grading techniques.

 

6. Erosion Control Plan. The proposal shall describe plans and dates to re-seed, mulch, ditch, place culverts and carry out other erosion control practices.  With the exception of seeding and vegetation, all erosion controls shall be installed prior to land disturbance or at the appropriate stage of construction and shall remain in place until permanent vegetation is sufficiently established to effectively prevent erosion.  Identify the type and location of erosion control measures including, but not limited to, flow diversion, silt fence, erosion bales, stone ditch checks and measures to prevent tracking soil onto public roadways.

 

7. Other Documents. The Town Building Inspector/Engineer may require other documents with the Driveway Construction Plan.  Contact the Town Building Inspector/Engineer to determine if other documents are needed.

 

Preparing a Driveway Construction Plan does not guarantee approval of the Driveway Construction Permit Application by the Town Building Inspector/Engineer.

 

1.09        APPROVAL FOR DRIVEWAY CONSTRUCTION PERMITS

 

1. Conditions. No construction of a driveway may commence until:

 

1. The Driveway Location or Construction Plan is approved by the Town Building Inspector/Engineer; and

 

1. The Driveway Construction Permit is issued by the Town; and

 

1. When applicable, any necessary approvals are obtained from Sauk County or

the State of Wisconsin (See section 89.07 of the Wisconsin Statutes).

 

2. Disclaimer. The Town’s approval of a Driveway Construction Permit Application does not constitute a determination that the driveway is safe, suitable for use or otherwise passable for the public.  No person may rely on the issuance of a permit to determine that a driveway is fit for any purpose.

 

1.10      SPECIFICATIONS FOR CONSTRUCTING DRIVEWAYS

 

1. Dividing Agricultural Land. Driveway construction shall have the least substantial adverse impact on agricultural land.

 

2. Forested Areas. Driveway construction shall minimize breaks in forest canopy.

 

3. Access Limits. There shall be no more than one driveway for any parcel.  Upon application, the Town Board may, by special permit, allow an additional driveway, giving consideration to traffic, impact, safety, and such other factors specific to each situation.

 

 

4. Shared Driveways. Shared access is encouraged but shall be limited to provide access to no more than four single-family residences.  Any driveway proposed for joint use shall be required to have recorded multi-party access easements, and maintenance agreements that include escrow accounts or performance bonds.

 

5. Grade. No land with a grade of 20 percent or more shall be disturbed to construct, establish, improve, modify or re-work a driveway.  Under extraordinary circumstances, the Town Building Inspector/Engineer may permit development on land with grades equal to or greater than 20 percent only if all minimum environmental criteria are met and there is no adverse effect on surrounding property owners.  Minimum environmental criteria include:

 

1. At least 60 percent of each building lot shall remain undisturbed and in its natural state. Existing trees and vegetation on the undisturbed portion shall not be removed by the development.

 

1. Plans acceptable to the Town Building Inspector/Engineer are submitted for retaining walls and other erosion control measures for each lot.

 

1. The Town Inspector/Engineer and/or Town Planning Commission may establish additional criteria.

 

6. Maximum Finished Grade. The maximum finished driveway grade shall not be greater than 13 percent.6

 

7. Radius of Curves. Driveway curves shall have an inside radius of no less than 44 feet.

 

8. Visibility From The Roadway. Driveways shall be so located as to not create a safety hazard for vehicles traveling on the roadway or exiting and entering the property.  The Town Building Inspector/Engineer, using good engineering practice, shall approve the permitted location for driveways with consideration given to the roadway’s classification, topography and posted travel speed.  The near edge of a driveway shall be at least 100 feet from public roadway intersections measuring from the property line where the driveway intersects the road right-of-way.  If the property abuts more than one roadway, the driveway should access the roadway with the least traffic volume.

 

9. Juncture With Public Roadway. The angle between the centerline of the driveway and the centerline of the roadway shall be no less than 70 degrees.

 

 

 

 

                A length of driveway of a minimum of 12 feet shall have a maximum of 5 percent grade away

                from the roadway at the point where the driveway enters onto a public roadway.  A slight dip

                across the drive shall be placed just before the culvert at the entrance to a public roadway to  

                prevent debris from washing onto the public roadway.

 

                Any pavement in the right of way, whether new, resurface or replacement may be required to

                be replaced at the owner’s expense when it causes a safety or drainage problem.

 

                Access onto a public roadway may require a paved apron within the right-of-way of the public roadway, at the owner’s expense, in instances when usage or drainage warrants.

 

10. Culverts. Each driveway shall have installed a culvert at the ditch line where the driveway meets the public roadway, unless the Town Building Inspector/Engineer determines it is not necessary.  Culverts shall be installed prior to construction work being commenced on the property.  All culverts shall be constructed of material acceptable to the Town Building Inspector/Engineer.  Culverts shall be sufficient gauge or schedule to provide adequate bearing capacity for vehicles expected to use the driveway as approved by the Town Building Inspector/Engineer.

 

1. Size. Culvert size shall be approved by the Town Building Inspector/Engineer and of a size to meet a minimum 25-year, 24-hour storm standard.  Larger culverts may be required where needed to accommodate the area’s water drainage.

 

1. Placement. Culverts shall be placed in the ditch line at elevations as approved by the Town Building Inspector/Engineer so as to adequately convey water and assure proper drainage.

 

1. Endwalls. All culverts shall have flared metal or concrete endwall sections so backfill and cover material will not erode the bottom of the ditch and reduce the capacity of the ditch and culvert.

 

1. Backfill and Cover Material. Culverts shall be bedded and backfilled with granular material, compacted in place, or other material acceptable to the Town Building Inspector/Engineer.

 

1. Gauge/Schedule. The minimum wall thickness for corrugated metal culverts or HDPE (high density polyethylene) plastic pipe shall be:

                                Metal Pipe Diameter                      Gauge

                                15 to 24 inch                                      16

                                30 to 36 inch                                      14

                                42 to 54 inch                                      12

                                60 to 72 inch                                      10

                                78 to 84 inch                                        8

                                HDPE Plastic Pipe Diameter        Schedule

                                15 inch                                                 .035 inch

                                18 inch and greater                         .050 inch

 

11. Drainage. Ditches along the right-of-way, roadway crowning and culverts shall be provided by the landowner for acceptable drainage.  The driveway shall be planned, constructed and maintained in a manner that prevents diversion of surface water onto a public roadway and/or the lands of other landowners.

 

12. Natural Drainage Patterns. Construction of driveways shall not interfere with the natural drainage patterns.  Natural drainage crossings shall be rip-rapped or otherwise stabilized below drainage and culvert discharge points for a distance sufficient to carry the discharge water without channel erosion.

 

13. Align Along Natural Terrain. Grading for driveway construction will be required to preserve or match the natural contours of the site whenever possible.  Driveway alignment should follow the natural terrain.  Grading should attempt to retain existing trees and other natural vegetation to stabilize hillside cuts.  The maximum grade of cut and fill side slopes shall be 3 feet horizontal to 1 foot vertical.  The top and toe of the slopes shall be rounded to avoid additional erosion.

 

14. Retaining Walls. Any cut and fill slopes greater than 3 to 1 will require constructing a retaining wall, rip-rapping or similar soil stabilization technique.  Erosion control measures must be planted promptly with permanent vegetation to reduce soil erosion.

 

15. Side Slopes. Driveway side slopes shall be a minimum of 4 feet on each side with a slope no steeper than 1 foot vertical in 4 feet horizontal (25 percent).

 

16. Ditch Back Slopes. Ditch back slopes shall be no steeper than 1 foot vertical in 4 feet horizontal (25 percent).

 

17. Driveway Length. The maximum driveway length shall be 400 feet.  Upon application, the Town Planning Commission/Town Board may, by special permit, allow a longer driveway.  The Town Planning Commission shall consult with the Fire Department when considering a special permit.

 

18. Driveway Width. Minimum driveway width for the first 25 feet, from the point the driveway connects with the public road, shall be 20 feet.

 

19. Clear Space. A clear space 16 feet high and 20 feet wide shall be maintained at all times for emergency vehicle access.

 

20. Turnaround. Turnarounds are encouraged and may be required by the Town Building Inspector/Engineer to ensure safe and efficient access for emergency vehicles.  The Town Building Inspector/Engineer may consult with the Fire Department for specifications for the turnaround based upon the area necessary for turning around the Fire Department’s trucks and equipment.

 

21. Emergency Service Access Signage. Appropriate signage shall be placed at the entrance to a driveway servicing a residence or any other structure so emergency service personnel can accurately and expediently locate the driveway.  The sign shall conform to current Sauk County regulations.

 

22. Minimum Driveway Surface. Driveways shall have a firm surface capable of supporting cars and emergency vehicles under all weather conditions.  A field road is exempt from this provision.

 

23. Restoring Roadways and Disturbed Surfaces. All Public roadway surfaces and right-of-ways, shoulders, curbs, ditches, slopes and vegetation disturbed during driveway construction shall be restored to original conditions within 30 days of completing the driveway or before the Town Building Inspector/Engineer will issue an Occupancy Permit, if applicable.

 

24. Brush, Trees, and Other Vegetation are only allowed in the driveway area to the extent they do not impair sight lines to the public roadway.

 

25. Cul-de-Sac. A Cul-de-Sac shall have a 100 foot diameter.

 

26. Waiver of Specifications. The Town Board may waive or modify any of the above specification(s) if the specification(s) is unnecessary to fulfill the purpose of this Ordinance.  Any request by an applicant for a waiver or modification of any provision in this section must accompany the initial application and must state the reason for the request.  The Plan Commission will submit a written statement detailing the reasons for waiving the specification(s) and attach it to the permit.

 

1.11       EXISTING DRIVEWAYS

 

1. Hazardous Conditions. When washing or other conditions created by existing driveways or agricultural access driveways that do not meet the specifications in this Ordinance obstruct or become a potential hazard to a public roadway, or unreasonably hinder access to the property by emergency service personnel, the Town Building Inspector/Engineer shall notify the property owner of the condition(s).  Any property owner failing to correct such condition(s) within 30 days after notice by the Town Building Inspector/Engineer shall be subject to the penalties described in the penalties section of this Ordinance and shall also be liable for any costs the Town incurs to eliminate the hazard as provided in Wis. Statutes 66.0627.

 

2. Change in Use. No field road or agricultural access driveway may be used as a driveway to acquire access to a residential or commercial property unless the field road or agricultural access driveway has been approved as a driveway according to the provisions of this Ordinance.

 

3. Alteration of Town Roads. No person shall make any excavation or fill or install any culvert or make any other alteration in any Town road or in any manner disturb any Town highway or Town bridge without a permit therefore from the Town.

 

4. Alteration Permit. Any person or entity wishing to make any excavation or fill or install any culvert or make any of the alterations described in Section 1.11(3) must first obtain a permit from the Town Building Inspector/Engineer.

 

5. Application and Supporting Documents. The person or entity shall submit 1 copy of a completed Alteration Permit Application with the appropriate fee and the following attachments to the Town Building Inspector/Engineer:

 

1. A site map of the adjacent parcel and the location of the alterations.

 

1. A Location Plan and Construction Plan similar to the type required for driveways as required in Section 1.06. All applications will need the Town Building Inspector/Engineer to view the location of the alteration to determine whether a Location Plan or a Construction Plan is needed.

 

1.12 PENALTIES

 

1. Forfeitures. Should a driveway be constructed or modified in violation of the provisions of this Ordinance, or create a hazard that is not corrected within 30 days of notification, the owner(s) of the land through which the driveway passes shall pay a forfeiture of not less than $100 nor more than $200 plus applicable surcharges and court costs, for each violation.  Each day the violation continues to exist shall constitute a separate offense and subject to another penalty.  An unlawful driveway constitutes a public nuisance and may be enjoined.

 

2. Corrections. In addition, the landowner shall make the corrections ordered by the Town Building Inspector/Engineer within a period of time determined by the Town Board, but not less than 10 days.

 

3. Special Charge For Correction By Town. If the owner(s) of the land through which the driveway passes do(es) not make required corrections ordered by the Town Building Inspector/Engineer that affect a public roadway or right-of-way within the specified time period, the Town Board shall cause the required corrections to be made and charge the cost of correcting such violations, including, when necessary, the return of disturbed land to its original condition.  The Town’s direct and indirect costs of correcting the violation, including but not limited to engineering, legal, administrative, materials and construction expenses shall be imposed as a special charge against the property through which the driveway passes pursuant to Wis. Statutes 66.0703.  Any funds escrowed with the Town shall be disbursed to the Town in partial compensation for its above costs.

 

1.13 SEVERABILITY

 

The provisions of this Ordinance shall be deemed severable.  It is expressly declared that the Town Board would have passed the other provisions of this Ordinance irrespective of whether one or more provisions may be declared invalid.  If any provision of this Ordinance is held invalid, the remainder of the Ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.

 

1.14 EFFECTIVE DATE

 

This ordinance shall take effect the day after publication as required by law.

 

1. Town Board Approval. The Town Board adopted this Ordinance this 6^th day of September, 2004.

 

APPROVED BY:

_________________________

Duane Brooks, Chairperson

_________________________

Eugene Murray, Supervisor

__________________________

Robert Giebel, Jr., Supervisor

 

                                                                                                ATTESTED BY:

                                                                                                _____________________________________________

                                                                                                Lisa Rockweiler, Town Clerk

 

Passed _September 6, 2004___________________

Published after passage ______________________

                               

 Driveway Prdinance 01-04, Adopted September 6, 2004.

Town of Dellona, Sauk County, WI

4 UTILITIES IN TOWN RIGHT OF WAYS ORDINANCE (SEPTEMBER 4^J 2006)

 

TOWN OF DELLONA ORDINANCE REGARDING UTILITIES

IN TOWN ROAD RIGHT OF WAYS

 

• Purpose

 

The purpose of this Ordinance is the regulation of the use of Town Right of Ways in the interest of public health, safety, welfare and convenience, and the operation and protection of public works infrastructure.  These standards are required to preserve the integrity, operational safety, and function of the public Right of Way.  These regulations are also adopted pursuant to section 86.16 of the Wisconsin Statutes.

 

• Application

 

This ordinance shall apply to the construction, installation, maintenance or repair of all cable, wire, telegraph, telephone or electric lines, or pipes or pipelines for the purpose of transmitting information, gas, water, heat, light, or power, along, across or within the limits of a Town right of way.  This shall not apply to repairs, construction or maintenance of the Town Roads or right of ways by the Township.

 

Any entity requesting permission for construction, installation, maintenance or repair of all cable, wire, telegraph, telephone or electric lines, or pipes or pipelines for the purpose of transmitting information, gas, water, heat, light or power along, across or within the limits of a Town right of way shall apply for a permit under this ordinance.

 

• Protective Measures and Routing of Traffic

 

1. Safe crossing. The permittee shall in general maintain safe crossings for two (2) lanes of vehicle traffic where possible and safe crossings for pedestrians at intervals of not more than two hundred (200) feet.  If any excavation is made across any public road, street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians.  If the street or road is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least forty-eight (48) inches in width shall be maintained along such sidewalk line.

 

1. Barriers and warning It shall be the duty of every permittee cutting or making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for safety of the general public.  Traffic control near all excavations affecting vehicular, pedestrian and other traffic shall be subject to final review and approval of the Town.  Barriers, warning signs, lights, etc., shall conform to the latest edition of the “Wisconsin Manual on Uniform Traffic Control Devices (WMUTCD).

 

1. Normalization of traffic conditions. The permittee shall take appropriate actions to assure that during the performance of the excavation work, traffic conditions shall be maintained as near normal as possible, at all time, so as to minimize inconvenience to the occupants of the adjoining property and to the general public.

 

1. Closing of streets. When traffic conditions permit, the Town may, by written approval (or by verbal approval from the Town Chair in the case of emergency), permit the closing of street and alleys to all traffic for a period of time prescribed, if  in the Town’s opinion it is necessary.

 

1. Warning signs to channel traffic. Warning signs shall be placed in accordance with the applicable section of the most current edition of the WMUTCD in advance of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to safely channel traffic, in accordance with the instructions of the Town, after the Town’s review of the proposed traffic control measures for the project.

 

• Relocation and Protection of Installations

 

The permittee shall not interfere with any existing cable, wire, line, pipe, culvert or other installation without the written consent of the Town and the owner of the installation.  If it becomes necessary to relocate an existing installation, this shall be done by its owner.  No installation owned by the Town shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee.  The cost of moving privately owned installations shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility.  The permittee shall support and protect by timbers or otherwise all installations which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across the work.  The permittee shall secure approval of method of support and protection from the owner of the facility.  In case any installation should be damaged, the permittee shall promptly notify the owner thereof.  All damaged installations shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee.  It is the intent of this section that the permittee shall assume all liability for damage to installations and any resulting damage or injury to anyone because of such damage and such assumption of liability is a legal obligation of the permittee.  The only exception will be such instances where damage is exclusively due to the negligence of the owning utility.  The Town shall not be made a party to any action because of this section.  The permittee shall inform itself as to the existence and location of all underground installations and protect the same against damage.

 

• Protection of Public Property

 

• The permittee shall not remove, even temporarily, any trees or shrubs which exist in a public place without first obtaining the consent of the Town and/or owner of the tree or shrub.

 

• Any monument set for the purpose of locating or preserving the lines of any road, street or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the Town, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the Town to do so. Permission to remove or disturb such monuments, reference points or benchmarks shall be granted only when no alternate route for the proposed installation is available.  If the Town is satisfied that no alternate route is available, permission shall be granted only upon condition, by an agreement in writing, that the person or utility applying for such permission shall pay all expenses incident to the proper replacement of this monument by the Town.

 

• No installation shall be placed within four (4) feet of the edge of the traveled portion of any street or road without approval from the Town. All installations must be at least twenty-four (24) feet from the center of any street or road and must be at least forty-eight (48) inches below the surface of the ground at the place of installation.  If the installation is in solid rock, it must be at least twenty-four (924) inches below the surface of the ground at the place of installation and be encased in steel and concrete.  An installation by a sole permittee may be on either side of the roadway but not on both sides.

 

• Prompt Completion of Work

 

After an excavation is commenced, the permittee shall carry out with diligence and expedition all excavation work covered by the permit and shall promptly complete such work and restore the road, street or sidewalk as specified by the Town.  The permittee shall perform such restoration work so as not to obstruct, impede or create a safety hazard to public travel.

 

All excavations shall be covered or backfilled at the end of each workday.  Covered shall mean steel plated over the entire trench plus two (2) feet around the edges.  The steel shall be of strength to hold pedestrian traffic.  Barriers approved by the Town must be installed if the excavation is to be plated.

 

• Noise, Dust and Debris

 

Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property.  To the fullest extent practicable, the permittee shall act to reduce noise, dust, and unsightly debris in the performance of the excavation work.  Excavation work, including the use of any tool, appliance, or equipment, shall be performed between the hours of 7:00 a.m. and 7:00 p.m. only, exclusive of emergency work.  Time waiver requests may be submitted to the public works authority for work outside of this time period and will be subject to neighborhood concerns.  Excavation work shall not occur on Sundays, holidays or on major holiday weekends, unless expressly authorized by the public works authority or as a result of emergency need.

 

 

• Restoration of Streets And Sidewalks

 

All street and sidewalk restorations, including temporary and permanent work within any street shall be performed by and at the permittee’s sole expense and in accordance with Town standards.  All repairs and restoration work shall be completed by the permittee in a manner and to the extent deemed acceptable to the Town.

 

• Warranty of Work

 

The permittee shall, for a period of two (2) years thereafter, be fully liable for all defects in materials and workmanship relating to work performed pursuant to a permit, required by this ordinance and shall promptly repair or replace the same upon notice from the Town and to the satisfaction thereof.

 

• Liability

 

This ordinance shall not be construed as imposing upon the Town or any official or employee any liability or responsibility for damages to any person injured by the performance of work for which a permit is required under this ordinance, nor shall the Town or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit, or the approval of any work.  In the case of a dedicated-but-unaccepted street or way, this ordinance shall not be construed as authorizing any action which is inconsistent with any private rights in said street or way, nor shall the issuance of any permit hereunder be construed as an acceptance of said street or way by the Town for Highway or any other purposes.  For purposes of this section, every permittee shall maintain at all times comprehensive general liability and property damage insurance coverage in a suitable amount, not less than $300,000, protecting himself, his agents and the Town from all such claims for damages or injuries and naming the Town as an additional insured.  All such insurance shall include, without being limited to, endorsements for completed operations and special hazards/underground collapse and shall be primary to any insurance or self-insurance of the Town.  Evidence of such coverage shall be a condition precedent to the issuance of any permit hereunder.

 

• Inspections

 

• No underground installations shall be covered prior to inspection by the Town.

 

• The Town shall make such inspections as are reasonably necessary in the enforcement of this ordinance.

 

• The Town may order such actions as it deems necessary to ensure that this ordinance is not violated.

 

• In the event any dispute exists as to the amount, nature, or scope of the work required under this ordinance, the decision and judgment of the responsible Town official will be final and binding unless appealed to or stayed by a court of competent jurisdiction.

 

• Drawings

 

The permittee shall submit to the Town a drawing to a scale of not less than one (1) inch to fifty (50) feet, showing in detail the plan, location, size and kind of installation, if known, of all new and existing installations in the area where the permittee is requesting permission to work.  Within 60 days after work is completed, the permittee, shall file with the Town a map or set of maps each drawn to a scale of not less than one (1) inch to fifty (50) feet, showing in detail the final location, size and kind of installation, if known, of all installations.

 

• Emergency Action

 

Nothing in this ordinance shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in an installation which may be a threat to life or property, or for making emergency repairs, provided that the person making such excavation shall apply to the Town for such a permit on the first working day after such work is commenced.  Before any excavation work is started, the person or utility excavating must contact all utilities for on the spot locations.

 

• Application Requirements

 

An application for a permit must include:

 

1. a description of the proposed installation,
2. a general location for the proposed installations,
3. a traffic plan, if necessary, a plan for protection of existing installations,
4. a scale drawing of the proposed installation as provided above,
5. a construction plan, and
6. a remediation plan.

 

Four copies of these materials shall be submitted to the Town Clerk.

 

After a Town approves of all of the requirements in the application, a permit will be granted.

 

• Excavation Requirements

 

• All work must be conducted in strict accordance with the latest regulations of OSHA for excavations.
• All excavations shall be performed in accordance with the Town specifications.

 

• All material excavated from trenches and piled adjacent to the trench or in any street or road shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, the Town shall have the authority to require that the permittee haul the excavated material offsite.

 

• It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.

 

• All material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the Town. Whenever necessary in order to expedite the flow of traffic or to abate the dirt or dust nuisance, boards or bins may be required by the Town to prevent the spreading of dirt into traffic lanes.  If any portion of the excavated material is allowed to be used as backfill, it shall be stockpiled separately from all other materials.

 

• Breaking through pavement in streets.

 

• The permittee shall make every effort to keep the amount of pavement damage to a minimum. Pavement shall be cut in a rectangular shape to ensure a proper repair.  Any pavement damage created by permittee’s excavation shall be repaired by the permittee.

 

• All excavations on paved street surfaces shall be pre-cut in a neat straight line with pavement saws.

 

• Heavy-duty pavement breakers may be prohibited by the Town when the use endangers existing substructures or other property.

 

• Cutouts of the trench lines must be normal or parallel to the trench line. No irregular shapes will typically be allowed.

 

• Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.

 

• unstable pavement shall be removed over cave-outs and over-breaks; and the sub-grade shall be treated as the main trench.

 

• The permittee shall not be required to repair pavement damage existing prior to the excavation unless his or her cut results in small floating sections that may be unstable, in which case, the permittee shall remove the unstable portion and the area shall be treated as part of the excavation.

 

• When two or more street openings are made under the same permit in sequence seven (7) fee or less (edge to edge) between each adjacent opening, the permittee shall neatly cut and remove the area of pavement between these adjacent openings and shall repair the entire area as one trench.

 

• Where additional excavations are made for the same client or utility which are within seven (7) fee (edge to edge) of previous excavations still under a guarantee period, the permittee shall neatly cut and remove the area of pavement between these adjacent openings and shall repair the area between openings and the most recent opening as one trench.

 

• Restoration of Streets

 

• If excavation (or pavement damage) occurs at or within twenty-four (24) inches of the edge of pavement, the permittee shall be responsible for repair to the edge of pavement.

 

• Where two (2) or more street openings are made under the same permit in sequence seven (7) feet or less (edge to edge) between each adjacent opening, the permittee shall be responsible for repairing the entire area between openings measured from the first opening through to the last opening.

 

• Where additional excavations made for the same client or utility are within seven (7) feet (edge to edge) of previous excavations still subject to a guarantee, the permittee shall be responsible for repairing the area between openings.

 

• Upon the completion of proper backfilling, the permittee shall construct temporary pavement. Before paving operations shall begin, the permittee must notify the Town, allowing adequate time as determined by the Town for inspection. All hot-mixed asphalt paving must first be approved by the Town as to depth and materials.  Should the circumstances of the trench backfilling require:

 

• Notification of the anticipated timing of all paving activity must be acknowledged by the Town; any notification delivered by facsimile machine must be preceded or followed up by a telephone conversation to assure its proper and timely receipt.

 

• Permittees shall endeavor to make notification by 9:00 a.m. of each workday that paving is anticipated. In the event of schedule changes or emergencies, the permittee is requested to provide a minimum of one-hour notification to assure inspection availability.

 

• If the Town is not able to be on-site within 30 minutes of the acknowledged anticipated start time of paving activity, the permittee shall be allowed to commence paving in accordance with this Section.

 

• All temporary pavement shall be installed according to these specifications which include a minimum of three (3) inch thickness hot-mixed asphalt Grade B placed in two (2), one and one-half (1 ½) inch compacted lifts.

 

• Hot-mixed asphalt paving of trenches greater than one hundred (100) feet in length shall be paver applied unless otherwise authorized by the Town.

 

• The permittee shall be responsible for the proper placement and maintenance of the temporary pavement and shall keep the temporary pavement level with the surface of the surrounding existing pavement and in proper repair and condition until the end of the guarantee period.

 

• Any street markings or traffic loops disturbed by the permittee shall be promptly replaced by the permittee.

 

• It shall be the responsibility of the permittee to perform the necessary restoration beyond the limits of the pavement which shall include, but not be limited to, restoration of lawns, esplanades, shrubs, gardens, curbing, sidewalks, under-drains, separations, fabrics, fences, walls, etc. Upon completion of the permanent repairs outside the limits of the pavement, the permittee shall notify the Town in writing that the permanent repairs or replacement has been completed, setting forth the date of completion.  The permittee shall, and has the duty and responsibility to, maintain the replacement area outside of the pavement for a period of five (5) years after completion.

 

• Refilling of bar holes. Any person or utility making bar holes in the street or sidewalk immediately, upon completion of the work, shall fill these bar holes by the use of an approved asphalt plug.

 

• Permanent Pavement Restoration:

 

• Permanent restoration of streets shall, with the exception noted below, be made by the Town through a separate bid contract with qualified contractors commencing within twenty-four (24) months after termination of the appropriate guarantee period, typically 3 or 5 years.

 

• The Town shall allow those permittees to undertake their own permanent pavement restorations, provided that the restoration meets or exceeds the specifications of the Town.

 

• Permanent restorations shall not be allowed to commence until at least one (1) winter moratorium cycle has passed since the installation of approved temporary hot-mixed asphalt.

 

• Methods of Construction

 

• Workmanship

 

• The permittee is required to furnish all materials and will be responsible for the job to be done in an orderly, timely, quality controlled manner, and will be required to utilize quality workmanship and construction techniques conducted in accordance with industry standards for the successful completion of the utility work, backfilling, appurtenant restorations and temporary pavement repair.

 

• The permittee shall keep a competent foreman and sufficient competent employees to carry on the work with all proper speed and in accordance with the requirements of law and other public authorities and to the reasonable satisfaction of the Director.

 

• The permittee shall conduct the work in such a manner as not to unreasonably interfere with other work being done by the Town, by contract or otherwise. If deemed necessary by the Director, the work done under these specifications shall conform to the progress of said other work.  The permittee shall cooperate with the contractors or employees who may be doing work for the Town, and with public service corporations affected by the work in arranging for storage places, temporary support for structures, repairs, etc.

 

• “Top” Joint Sealing

 

• All top surface joints between the pavement repair and the existing pavement are to be sealed with an asphaltic emulsion by swabbing or brushing a minimum three (3) inch width paint-like application over the joint to seal the surface air voids.

 

• Installations

 

• No permittee shall, without written permission from the Town, place any installation, except manholes, valve casings, culverts, and catch basins at a vertical distance less than:

 

1. Forty-eight (48) inches below the surface.

 

• Definitions

 

Excavate shall mean to dig into or in any way remove or physically disturb or penetrate any part of a Right of Way.

 

Installation(s) shall include culverts, cables, wires, telegraph, telephone or electric lines, or pipes or pipelines for the purpose of transmitting information, gas, water, heat, light or power along, across or within the limits of a Town right of way, shall apply for a permit under this ordinance, and shall also include all improvements such as, but not limited to, sidewalks, walls, structures and mailboxes.

 

Permittee shall mean a person who has obtained, or applied for, a permit as required by this ordinance.

 

• Effective Date

 

This ordinance shall take effect the day after publication as required by law.  The town clerk shall properly post or publish this resolution as required under s. 60.80, Wis. Stats.

 

ADOPTED this 4^th day of September, 2006.

 

 

_______________________________________

Duane Brooks

Town Board Chairperson

 

[Published/Posted] this 24^th day of January, 2007.

 

 

Attest: _________________________________

Michelle White

Town Clerk

 

 

 

5 CLASS B ROADS ORDINANCE

 

STATE OF WISCONSIN

Town of Dellona

Sauk County

 

The town board of the Town of Dellona, Sauk County, Wisconsin, by this resolution, adopted on proper notice with a quorum and by a roll call vote of a majority or the town board present and voting resolves, and orders as follows:

 

All Town highways are declared to be class “B” highways pursuant to section 349.15(2) of the Wisconsin Statutes.

 

No person, without a permit therefore, shall operate any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross weight on a class “B” highway exceeding 60 percent of the weights authorized in section 348.15(3) of the Wisconsin Statutes as existing on the date of enactment of this ordinance.

 

The Town Chairperson, or his or her designee, shall erect signs as required under s.349.16(2), Wis. Stats., on or before the effective date noted above.

 

The Town Chairperson, or his or her designee, may impose special weight limitations on any highway 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.  The Town Chairperson, or his or her designee, shall impose such special weight limitations by erecting signs on or along the highway on which it is desired to impose the limitation sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that limitation.

 

Any violation shall be subject to penalties under section 348.21 of the Wisconsin Statutes.  Repair of any damage to the roads made in violation of this section shall be paid by the violator.  Nothing in this section shall prohibit the Town from recovering such other damages as may be recovered at law for damage of the Town highway or other damages.

 

The town clerk shall properly post or publish this resolution as required under section 60.80 of the Wisconsin Statutes.

 

ADOPTED this 7^th day of November, 2005

 

Duane Brooks

Town Board Chairperson

 

[Published/Posted] this 25^th day of November, 2005.

Attest:

Michelle White

Town Clerk

 

7 RECYCLING ORDINANCE (September 6^J 1994)

 

ORDINANCE NO. 94-1

TITLE:  Recycling ordinance for the Town of Dellona.

 

PURPOSE:  The purpose of this ordinance is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in s. 159.11, Wis. Stats., and Chapter NR 544, Wis. Administrative Code.

 

STATUTORY AUTHORITY:  This ordinance is adopted as authorized under s. 159.09(3)(b), Wis. Stats.

 

ABROGATION AND GREATER RESTRICTIONS:  It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing rules, regulations, ordinances, or permits previously adopted or issued pursuant to law.  However, whenever this ordinance imposes greater restrictions, the provisions of this ordinance shall apply.

 

INTERPRETATION:  In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.  Where any terms of requirements of this ordinance may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply.  Where a provision of this ordinance is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wisconsin Administration Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 standards in effect on the date of the adoption of this ordinance, or in effect on the date of the most recent text amendment to this ordinance.

 

SEVERABILITY:  Should a portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

 

APPLICABILITY:  The requirements of this ordinance apply to all persons within the Town of Dellona.

 

ADMINISTRATION:  The provisions of this ordinance shall be administered by the town officers of the Town of Dellona.

 

EFFECTIVE DATE:  The provisions of this ordinance shall take effect on October 1, 1994.

 

DEFINITIONS:  For the purposes of this ordinance:

 

1. “Bi-metal container” means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
2. “Container board” means corrugated paperboard used in the manufacture of shipping containers and related products.

 

3. “Foam Polystyrene packaging” means packaging made primarily from foam polystyrene that satisfies one of the following criteria:

 

1. Is designed for serving food or beverages.

 

1. Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.

 

1. Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

 

4. “HDPE” means high density polyethylene, labeled by the SPI code #2.

 

5. “LDPE” means low density polyethylene, labeled by the SPI code #4.

 

6. “Magazines” means magazines and other materials printed on similar paper.

 

7. “Major appliance” means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, or stove.

 

8. “Multi-family dwelling” means a property containing five or more residential units, including those which are occupied seasonally.

 

9. “Newspaper” means a newspaper or other materials printed on newsprint.

 

10. “Non-residential facilities and properties” mean commercial, retail, industrial, institutional, and governmental facilities and properties. This term does not include multiple family dwellings.

 

11. “Office paper” means high grade printing and writing papers from offices in non-residential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade.  This term does not include industrial process waste.

 

12. “Other resins or multiple resins” mean plastic resins labeled by the SPI code #7.

 

 

13. “Person” includes any individual, corporation, partnership, association, or local governmental unit, as defined in s. 66.299(1)(a), Wisconsin Statutes, state agency or authority, or federal agency.

 

14. “PETE” means polyethylene terephthalate, labeled by the SPI code #1.

 

15. “Plastic container” means an individual, separate, rigid plastic bottle, jar, or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.

 

16. “Postconsumer waste” means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in s. 144.61(5) Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high volume industrial waste, as defined in s. 144.44(7)(a)1 Wis. Stats.

 

17. “PP” means polypropylene, labeled by the SPI code #5.

 

18. “PS” means polystyrene, labeled by the SPI code #6.

 

19. “PVC” means polyvinyl chloride, labeled by the SPI code #3.

 

20. “Recyclable materials” includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspapers; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bi-metal containers.

 

21. “Solid waste” has the meaning specified in s. 144.01(15), Wis. Stats.

 

22. “Solid waste facility” has the meaning specified in s. 144.43(5), Wis. Stats.

 

23. “Solid waste treatment” means any method, technique, or process which is designed to change the physical, chemical, or biological character or composition of solid waste. “Treatment” includes incineration.

 

24. “Waste tire” means a tire that is no longer suitable for its original purpose because of wear, damage, or defect.

 

25. “Yard waste” means leaves, grass clippings, yard and garden debris, and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots, or shrubs with intact root balls.

 

SEPARATION OF RECYCLABLE MATERIALS:  Occupants of single family and two to four unit residences, multiple-family dwellings, and non-residential facilities and properties shall separate the following materials from postconsumer waste:

 

1. lead acid batteries
2. major appliances
3. waste oil
4. yard waste
5. aluminum containers
6. bi-metal containers
7. corrugated paper and other container board
8. foam polystyrene packaging
9. glass containers
10. magazines
11. newspapers
12. office paper
13. rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins
14. steel containers
15. waste tires

 

SEPARATION REQUIREMENTS EXEMPTED:  The separation requirements of s. 1.11 do not apply to the following:

 

1. Occupants of single family and two to four unit residences, multiple-family dwellings, and non-residential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in s. 1.11 from solid waste in as pure a form as is technically feasible.

 

2. Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as a supplemental fuel.

 

3. A recyclable material specified in s. 1.1(5) through (15) for which a variance has been granted by the Department of Natural Resources under s. 159.11(2m), Wis. Stats., or s. NR 544.14, Wis. Administrative Code.

 

CARE OF SEPARATED RECYCLABLE MATERIALS:  To the greatest extent practicable, the recyclable materials separated in accordance with s. 1.11 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including, but not limited to, household hazardous waste, medical waste, and agricultural chemical cleaners.  Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.

 

MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES, WASTE OIL, AND YARD WASTE:  Occupants of single and two to four unit residences, multiple-family dwellings, and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:

 

1. Lead acid batteries shall be recycled by the consumer. Consumers shall be encouraged to trade in and old lead acid battery when obtaining a new one.  Consumers shall be encouraged to take old lead acid batteries to a private recycler.

 

2. Major appliances shall be recycled through the private recycling contractor serving the Town of Dellona. Residents shall arrange for pick up with the contractor.

 

3. Waste oil shall be recycled by the consumer by taking to an available private recycling center.

 

4. Yard waste shall be managed on site. Composting is encouraged.

 

PREPARATION AND COLLECTION OF RECYCLABLE MATERIALS:  Except as otherwise directed by the Town of Dellona and/or the contracted recycling hauler, occupants of single and two to four unit residences shall do the following for the preparation and collection of the separated materials specified in s. 1.11(5) through (15):

 

1. Aluminum containers shall be cleaned and bagged in clear plastic bags. May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

2. Bi-metal containers shall be cleaned, labels removed, and bagged in clear plastic bags. May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

3. Corrugated paper or other container board shall be free of debris, flattened, stacked, and tied. Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

4. Foam polystyrene packaging shall be put in a clear plastic bag. Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

5. Glass containers shall be cleaned and bagged in clear plastic bags. May be commingled with other recyclable containers per agreement with contracted recycling hauler. Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

6. Magazines shall be bundled and tied. Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

7. Newspaper shall be bundled and tied. Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

8. Office paper shall be bundled and tied. Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

9. Rigid plastic containers shall be prepared and collected as follows:

 

1. Plastic containers made of PETTE (#1) shall be cleaned, have caps discarded, and bagged in clear plastic bags. May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

1. Plastic containers made of HDPE (#2) shall be cleaned, have caps discarded, and bagged in clear plastic bags. May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

1. Plastic containers made of PVC (#3) shall be cleaned, have caps discarded, and bagged in clear plastic bags. May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

1. Plastic containers made of LDPE (#4) shall be discarded until required by state law to be recycled. When required, they shall be cleaned, have caps discarded, and bagged in clear plastic bags.  May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

1. Plastic containers made of PP (#5) shall be discarded until required by state law to be recycled. When required, they shall be cleaned, have caps discarded, and bagged in clear plastic bags.  May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

1. Plastic containers made of PS (#6) shall be discarded until required by state law to be recycled. When required, they shall be cleaned, have caps discarded, and bagged in clear plastic bags.  May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.
2. Plastic containers made of other resins or multiple resins (#7) shall be discarded until required by state law to be recycled. When required, they shall be cleaned, have caps discarded, and bagged in clear plastic bags.  May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

10. Steel containers shall be cleaned, labels removed, and bagged in clear plastic bags. May be commingled with other recyclable containers per agreement with contracted recycling hauler.  Shall be placed at curbside on the day designated for collection.  Preparation and collection may change at the request of the contracted recycling hauler.  If so indicated, the Town of Dellona and/or contracted recycling hauler will be responsible for informing the public of such change.

 

11. Waste tires shall be recycled by the consumer by taking to an available recycling center.

 

COLLECTION SCHEDULE:  The Town of Dellona shall establish the time of collection of solid waste and recyclables.  The Town of Dellona will inform the public in writing annually of this collection schedule.

 

SPECIAL MATERIALS:  Materials such as couches and bulky items may be collected at the discretion of the hauler.  Residents shall contact the hauler for approval and cost of disposal, to be paid for by the resident.

 

ANTI-SCAVENGING OR UNLAWFUL REMOVAL OF RECYCLABLES:  It shall be unlawful for any person, unless under contract with or licensed by the Town of Dellona, to collect or remove any recyclable material that has been placed at the curb for the purposes of collection of recycling.

 

NO DUMPING:  It shall be unlawful for any person to dispose of or dump garbage on any town, county, or state road within the Town of Dellona or in any receptacles or private property without the owner’s consent unless it is placed in bags or containers in the manner and at the times specified by this ordinance.  No person shall place for collection any garbage at the curb not owned or occupied by such person.

 

NO BURNING OR BURYING:  It shall be unlawful to burn or bury recyclable material by residential and non-residential sections and at construction sites.  Open burning shall be permitted only of clean wood and paper products.

 

NON-DISPOSABLE MATERIALS:  It shall be unlawful for any person to place for disposal any of the following wastes:  hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, medical wastes (unless personal needles which shall be contained in cardboard to eliminate injury to collection personnel).

 

GARBAGE FROM OUTSIDE THE TOW OF DELLONA:  It shall be unlawful to bring refuse for disposal (and recyclables) from outside the town limits into the Town of Dellona unless authorized by agreement with the Town of Dellona.

 

OWNERSHIP OF RECYCLABLES AND REFUSE:  Recyclable materials and refuse, upon placement at the curb, shall become the property of the hauler.

 

EXEMPTIONS:  The Town of Dellona reserves the right to designate additional solid waste materials as recyclable or currently collected materials as no longer recyclable in accordance with state law and to either add or delete them from any collection service provided by the Town of Dellona of its contractors.  The Town of Dellona shall provide written notice to its service recipients of this declaration.

 

RIGHT TO REJECT MATERIALS:  The recycling hauler has the right to reject or leave at the curbside any recyclable material that is not prepared according to the specifications of this ordinance.  Materials may also be left if not separated from solid waste, place in proper containers, or are not designated recyclable materials for collection.  The hauler shall notify the generator of the materials about the reasons for rejecting the items in writing or verbally.

 

HAUL LICENSING: No person or corporation shall engage in the business of hauling recyclable material within the Town of Dellona without being licensed by the Wisconsin Department of Natural Resources under section NR 502.06, Wisconsin Administrative Code.  Haulers who collect solid waste or recyclable in the Town of Dellona for storage, treatment, processing, market, or disposal shall obtain and maintain all necessary municipal and state permits, licenses, and approvals prior to collecting any materials in the Town of Dellona.

 

REPORTING REQUIREMENTS:  The recycling haulers and processors operating in the Town of Dellona are required to maintain records and report in writing to the Town of Dellona clerk at least quarterly.  Reports shall include the amount of solid waste and recyclables (by item type) collected and transported from the Town of Dellona.  Failure to report shall be cause for the Town of Dellona to revoke any license or sever any contract with the hauler.

 

PROCESSING FACILITIES:  Any contractor operating in the Town of Dellona shall not transport for processing any recyclables to a processing facility unless that facility has been approved (in writing) by the Town of Dellona (or, unless the contractor notifies the Town of Dellona which facility they’re using) and, by January 1, 1995, the facility has self-certified with the Wisconsin Department of Natural Resources under section NR 544.16 Wisconsin Administrative Code.

 

HAULER RESTRICTIONS:  Haulers may not dispose in a landfill or burn in a solid waste facility any recyclable materials generated in the Town of Dellona that have been separated for recycling.  Haulers shall not compact glass with paper during collection and transport of recyclables to a processing facility, or market, and shall maintain materials in marketable condition.

 

RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF MULTIPLE-FAMILY DWELLINGS:

 

1. Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in s. 1.11(5) through (15):

 

1. Provide adequate, separate containers for the recyclable materials.

 

1. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.

 

1. Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.

 

1. Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address, and telephone number.

 

2. The requirements specified in #1 do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling materials specified in s. 1.11(5) through (15) from solid waste in a pure a form as is technically feasible.

 

RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF NON-RESIDENTIAL FACILITIES AND PROPERTIES:

 

1. Owners or designated agents of non-residential facilities or properties shall do all of the following to recycle the materials specified in s. 1.11(5) through (15):

 

1. Provide adequate, separate containers for the recyclable materials.

 

1. Notify in writing, at least semi-annually, all users tenants, and occupants of the properties about the established recycling program.

 

1. Provide for the collection of the materials separated from the solid waste by the users, tenants, and occupants and the delivery of the materials to a recycling facility.

 

1. Notify users, tenants, and occupants of reasons to reduce and recycle, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address, and telephone number.

 

2. The requirements specified in #1 do not apply to the owners or designated agents of non-residential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling materials specified in s. 1.11(5) through (15) from solid waste in as pure a form as is technically feasible.

 

PROHIBITIONS ON DISPOSAL OF RECYCLABLE MATERIALS SEPARATED FOR RECYCLING:  No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in s. 1.11(5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

 

ESTABLISH FEES:  The Town of Dellona shall establish fees for service recipients for the collection of recyclable material (and solid waste) based on the contract amount with the hauler.  Fee shall be included on the tax roll for each residence in the Town of Dellona.

 

ENFORCEMENT:

 

1. For the purpose of ascertaining compliance with the provision of this ordinance, any authorized officer, employee, or representative of the Town of Dellona and its contracted recycling hauler, may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings, and non-residential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information.  No person may refuse access to any authorized officer, employee, or authorized representative of the Town of Dellona and its contracted recycling hauler who requests access for purposes of inspection, and who presents appropriate credentials.  No person may obstruct, hamper, or interfere with such inspection.
2. Any person who violates a provision of this ordinance may be issued a citation by Sauk County law enforcement officials at the request of the Town of Dellona to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance of law relating to the same or any other matter.  Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.

 

3. Penalties for violating this ordinance may be assessed as follows:

 

1. Any person who violates s. 1.18 may be required to forfeit $50 for the first violation, $200 for a second violation, and not more than $2000 for a third or subsequent violation.

 

1. Any person who violates a provision of this ordinance, except s. 1.18, may be required to forfeit not less than $10 nor more than $1000 for each violation.

 

 

Adopted: September 6, 1994

 

Published: Code of Ordinances Week of September 19, 1994

 

 

 

 

                                                                        _______________________________________

                                                                        James Howley, Town Chairperson

 

Approved, Attested by:

 

 

___________________________________

Brenda A Hendricks, Town Clerk

 

 

 

 

 

8 ORDINANCE TO ADOPT THE COMPREHENSIVE PLAN (June 1^J 2009)

 

ORDINANCE NO. 2009-01

AN ORDINANCE TO ADOPT THE COMPREHENSIVE PLAN OF THE

TOWN OF DELLONA, SAUK COUNTY, WISCONSIN.

 

            The Town Board of the Town of Dellona, Sauk County, Wisconsin, does ordain as follows:

 

SECTION 1.  Pursuant to Wis. Stat. §§62.23(2) and 62.23(3), the Town of Dellona is authorized to prepare and adopt a comprehensive plan as defined under Wis. Stat.

• §66.1001(1)(a) and 66.1001(2).

 

SECTION 2.  The Town Board of the Town of Dellona has adopted written procedures designed to foster public participation in every stage of the preparation of a comprehensive plan as required by Wis. Stat. §66.1001(4)(a).

 

SECTION 3.  The Plan Commission of the Town of Dellona, by a majority vote of the entire commission recorded in its official minutes, has adopted a resolution recommending to the Town Board the adoption of the document entitled “TOWN OF DELLONA COMPREHEN-SIVE PLAN”, containing all of the elements specified under Wis. Stat. §§66.1001(2).

 

SECTION 4.  The Town of Dellona has held at least one public hearing on this ordinance, in compliance with the requirements of Wis. Stat. §66.1001(4)(d) of the Wisconsin Statutes, and provided numerous other opportunities for public involvement per its adopted public participation strategy and procedures.

 

SECTION 5.  The Town Board of the Town of Dellona, does, by enactment of this ordinance, formally adopt the document entitled, “TOWN OF DELLONA COMPREHENSIVE PLAN”, pursuant to Wis. Stat. §66.1001(4)(c).

 

SECTION 6.  This ordinance shall take effect upon passage by a majority vote of the members-elect of the Town Board and publication/posting as required by law.

 

Adopted this 1^st day of June, 2009

 

____________________________________

Paul Bremer, Town Board Chair

Attest:

 

___________________________________

Denise Schyvinch, Deputy Town Clerk

 

Posted on:____________________, 2009.

 

9 ORDINANCE ESTABLISHING FIRE PROTECTION CHARGES (January 4^J 2010)

 

ORDINANCE ESTABLISHING FIRE PROTECTION CHARGES

It is hereby ordained by the Town Board of the Town of Dellona, Sauk County, Wisconsin, as follows:

 

Section 1. Authority:  This ordinance is adopted pursuant to the authority granted town boards under s. 60.55(2)(b), Wis. Stats. which allows towns to recover the cost of fire calls made to property within the town.

Section 2. Liability for Fire Protection Costs:  The Town of Dellona, Sauk County, Wisconsin, hereby imposes a charge for each fire call made within the limits of the area in the Town of Dellona covered by the current contract with the Delton Fire Department on file with the Town Clerk.  Such fee shall not exceed the actual cost to the Town for the fire call.  If the call is to real estate located within the Town, the charges shall be imposed on all owners of the real estate to which the particular fire call is made.  In the event that a fire call is not made to real estate located within the Town, but is instead made to personal property, such as a vehicle, the charges provided for under this ordinance shall be imposed on all owners of such personal property.

Section 3. Payment of Fire Call Fee:  The fire call charges provided for in this ordinance shall be paid in full to the Clerk of the Town of Dellona no later than 90 days after the date of the particular fire call.  The failure to pay the bill within 90 days will result in interest being charged at a rate of 1 ½ percent per month from the date of the bill.  Those bills for fire calls to real estate, including interest, that remain outstanding for more than 90 days as of November 1 of any year shall become a lien against the real estate and shall be placed on the tax roll as a delinquent special charge under s. 66.0627, Wis. Stat.

Section 4.  Liability for Fire Calls from Fire Departments Other than Authorized Fire Departments:  It is the policy of the Town of Dellona to contract with Delton Fire Department for the area specified in section 2.  Any property owner from that area requesting fire protection directly from any fire department other than Delton Fire Department shall be responsible for the full costs billed to the Town resulting from the fire call.

Section 5.  Severability:  Should any section or provisions of this ordinance be declared invalid, for any reason, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 6.  Effective Date:  This ordinance shall become effective upon adoption and publication or posting, as provided by law, pursuant to s. 60.80, Wis. Stat.

 

 

ADOPTED this 4^th day of January, 2010.

 

__________________________________

Paul Bremer

Town Board Chairperson

 

[Published/Posted] this 4^th day of January, 2010.

 

 

Attest:______________________________

 

Amy Raboine

Town Clerk

 

 

10 OFFICIAL DELLONA LAND USE ORDINANCE

 

Ordinance No. _______

AN ORDINANCE CREATING CHAPTER 10.01 OF THE CODE OF

ORDINANCES, THE TOWN OF DELLONA, SAUK COUNTY, WISCONSIN

 

The Town Board of the Town of Dellona, Sauk County, Wisconsin does ordain as follows:

 

Section 1.  Chapter 10.01 of the “Code of Ordinances, Town of Dellona, Sauk County, Wisconsin” entitled “Land Division and Subdivision” shall be created to read as the document under the title which is incorporated herein and attached.

 

Section 2.  This ordinance shall take effect upon passage and publication as required by law.

 

Adopted this _____ day of _________________, 2011

 

 

__________________________________

Paul Bremer

Town Board Chairperson

 

[Published/Posted] this ______ day of _________________, 2011.

 

 

Attest: ______________________________

Lisa Rockweiler

Town Clerk

 

CERTIFICATION

 

I hereby certify that the above ordinance was duly adopted by the Town of Dellona, Sauk County, Wisconsin, by at least a majority vote of the members-elect of the Town Board on the _____ day of ___________________, 2011, and approved by the Town Chairman on the _____

day of ____________________, 2011.

 

____________________________________

Lisa Rockweiler

Town Clerk

 

 

 

 

Chapter 10.01 Land Division and Subdivision

Part 1: Authority and General Provisions…………………………………………………………………………            4

Sec. 10.01.01 Authority…………………………………………………………………………………………………….                         4

Sec. 10.01.02 Purpose and Intent…………………………………………………………………………………….              4

Sec. 10.01.03 Severability…………………………………………………………………………………………………             4

Sec. 10.01.04 Repeal…………………………………………………………………………………………………………            4

Sec. 10.01.05 Title…………………………………………………………………………………………………………….                         5

Sec. 10.01.06 Effective Date……………………………………………………………………………………………..             5

Sec. 10.01.07 Definitions………………………………………………………………………………………………….             5

Sec. 10.01.08 Jurisdiction………………………………………………………………………………………………….             8

Sec. 10.01.09 Compliance with Ordinances, Statutes, Regulations and Plans……………………            9

Sec. 10.01.10 Right to Farm………………………………………………………………………………………………                        9

Part 2: Streets, Easements, Lots and Blocks…………………………………………………………………….             9

Sec. 10.01.11 Streets………………………………………………………………………………………………………..             9

Sec. 10.01.12 Utility Easements……………………………………………………………………………………….              12

Sec. 10.01.13 Drainageway……………………………………………………………………………………………….            12

Sec. 10.01.14 Lots and Blocks……………………………………………………………………………………………            13

Part 3: Required Improvements-Water, Sewer, Roads, and Drainage…………………………….             14

Sec. 10.01.15 Water and Sewage Disposal System…………………………………………………………….            14

Sec. 10.01.16 Grading and Surfacing of Public Roads…………………………………………………………            14

Sec. 10.01.17 Storm Water Drainage Facilities………………………………………………………………….                        15

Sec. 10.01.18 Erosion Control…………………………………………………………………………………………….           15

Sec. 10.01.19 Special Assessments…………………………………………………………………………………….            15

Sec. 10.01.20 Construction Plans and Specifications………………………………………………………….            16

Sec. 10.01.21 Preliminary Utility Plans……………………………………………………………………………….           16

Part 4: Access and Dedications……………………………………………………………………………………….            16

Sec. 10.01.22 Public Access to Navigable Waters……………………………………………………………….           16

Sec. 10.01.23 Dedication of Lands for Streets and Public Ways………………………………………….           16

Sec. 10.01.24 Dedication of Lands for Parks, Playgrounds, Open Space

and/or Other Facilities………………………………………………………………………………….           17

Sec. 10.01.25 Reservation of Lands for Parks, School Sites or Public Sites………………………….           17

Part 5: Approval Process……………………………………………………………………………………………………           17

Sec. 10.01.26 Pre-Application Procedure……………………………………………………………………………           17

Sec. 10.01.27 Development Plan……………………………………………………………………………………….            18

Sec. 10.01.28 Development Plan Procedure………………………………………………………………………            19

Sec. 10.01.29 Land Suitability…………………………………………………………………………………………….            20

Sec. 10.01.30 Preliminary Plat……………………………………………………………………………………………           22

Sec. 10.01.31 Preliminary Plat Procedure………………………………………………………………………….            23

Sec. 10.01.32 Final Plat………………………………………………………………………………………………………           23

 

 

Sec. 10.01.33 Final Plat Procedure……………………………………………………………………………………             24

Sec. 10.01.34 Condominium Plat Procedure…………………………………………………………………….             24

Sec. 10.01.35 Certified Survey Map………………………………………………………………………………….             25

Sec. 10.01.36 Certified Survey Map Procedure…………………………………………………………………             25

Sec. 10.01.37 Monuments……………………………………………………………………………………………….              26

Part 6: Conservation Subdivisions……………………………………………………………………………………            26

Sec. 10.01.38 Conservation Subdivision Density & Design Standards……………………………….             26

Sec. 10.01.39 Minimum Open Space…………………………………………………………………………………            28

Part 7: Condominium Plats………………………………………………………………………………………………            29

Sec. 10.01.40 Condominium Plat Density & Design Standards………………………………………….             29

Sec. 10.01.41 Common Open Space Ownership Standards……………………………………………….             29

Part 8: Conventional Subdivisions……………………………………………………………………………………                        32

Sec. 10.01.42 Conventional Subdivision Density and Design Standards…………………………….                         32

Part 9: Administration and Enforcement…………………………………………………………………………            32

Sec. 10.01.43 Plan Commission…………………………………………………………………………………………            32

Sec. 10.01.44 Fees, Enforcement, Variances and Appeals…………………………………………………             32

Sec. 10.01.45 Recording and Conveyance of Lots or Parcels Included Within Land

Division Requiring Town Approval………………………………………………………………             34

Sec. 10.01.46 Abrogation and Greater Restrictions……………………………………………………………            34

Sec. 10.01.47 Waiver of Liability……………………………………………………………………………………….                        34

Part 10: Developers Agreement……………………………………………………………………………………….            35

Sec. 10.01.48 Financial Sureties…………………………………………………………………………………………            35

Sec. 10.01.49 Construction Phases and Time of Completion………………………………………………           36

Sec. 10.01.50 Guarantee of Work……………………………………………………………………………………….           36

Sec. 10.01.51 Contractor Qualifications………………………………………………………………………………          36

Sec. 10.01.52 Reimbursement to the Town for Costs Sustained………………………………………….          37

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part 1: Authority and General Provisions

 

Sec. 10.01.01 Authority.

 

These regulations are adopted under the authority granted by §236.45 of the Wisconsin Statutes.

 

Sec. 10.01.02 Purpose and Intent.

 

The purpose of this chapter is to:

 

1. Guide the future growth and development of the community consistent with the Town of Dellona’s

adopted Comprehensive Plan;

 

2. Promote the public health, safety and general welfare of the Town, and to lessen congestion in the

streets and highways;

 

3. Further the orderly layout and use of land;

 

4. Secure safety from fire, panic and other dangers;

 

5. Provide adequate light and air;

 

6. Prevent the overcrowding of land;

 

7. Avoid undue concentration of population;

 

8. Facilitate the adequate provision for transportation, water, sewerage, energy and communications

facilities, surface drainage, schools, parks, playgrounds and other public requirements;

 

9. Facilitate the further re-subdivision of larger parcels into smaller parcels of land;

 

10. Preserve and protect the scenic natural beauty of the Town of Dellona and its natural and historic

resources including water quality, lake resources and significant geological features and continue to

strengthen the township’s rural character and surrounding environment; and

 

11. Maintain farmland and farming opportunities and enhance the farming community by creating an environment that encourages and supports agricultural and agribusiness as viable careers and sustainable businesses.

 

Sec. 10.01.03 Severability.

 

If any section, provision or portion of this chapter is adjudged invalid by a court of competent

jurisdiction, the remainder of this chapter shall not be affected thereby.

Sec. 10.01.04 Repeal.

 

All other ordinances or parts of ordinances of the Town of Dellona inconsistent or in conflict with this

chapter, to the extent of inconsistency or conflict only, are hereby repealed.

 

Sec. 10.01.05 Title.

 

This chapter shall be entitled the “Land Division and Subdivision Regulations, Town of Dellona, Sauk

County, Wisconsin.”

 

Sec. 10.01.06 Effective Date.

 

This chapter shall be effective upon passage and publication.

 

Sec. 10.01.07 Definitions.

 

For the purposes of this chapter, the following definitions shall be used.  Words used in the present

tense include the future; the singular number includes the plural number; and the plural number

includes the singular number.  The word “shall” is mandatory and not directory.

 

1. Access Easement. A privately owned and maintained easement for ingress and egress for the

purpose of granting to all Owners and their occupants, agents, employees, guests, licensees, and

invitees vehicular and pedestrian access across property which abuts a public street.  The access

easement may not provide ingress and egress for more than three lots.  The general use and

maintenance of the access easement shall be governed by a legal agreement that runs with the land and is recorded with the Sauk County Register of Deeds.

 

2. Block. A tract of land bounded by streets, or by a combination of streets and public parks,

cemeteries, railroad rights-of-way, shorelines of waterways, or municipal boundary lines.

 

3. Board or Town Board. The Town of Dellona Town Board.

 

4. Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or

movable property of any kind, and which is permanently affixed to the land.

 

5. Building Setback Line. A line within a lot or other parcel of land between which line and the

adjacent boundary of the street upon which the lot abuts, the erection of a building is prohibited, as

prescribed by the appropriate zoning or other regulations.

 

6. Certified Survey Map. A map of land division, not a subdivision, prepared in accordance with Wis.

Stat. § 236.34, and in full compliance with the applicable provisions of this chapter.  A certified survey

map has the same legal force and effect as a subdivision plat.

 

7. Clerk or Town Clerk. The Town of Dellona Town Clerk.

 

8. Common Open Space. Land within a subdivision that has been designated, dedicated, reserved, or restricted from further development and is set aside for the use and enjoyment by residents of the development.  Common open space shall not be part of individual lots.  It shall be substantially free of structures, buy may contain, but not be limited to, farmlands, natural woodlands, historic structures and archaeological sites including Indian mounds, and/or such recreational facilities for residents as indicated on the approved development plan.  Common open space shall be recorded as an outlot on the plat.

 

9. Comprehensive Plan. An official document adopted by the Town of Dellona setting forth the goals, objectives, and policies regarding the long-term development within the Town of Dellona.

 

10. Condominium. Individual ownership of a unit located on a commonly held parcel of land with

shared use or ownership of common property or facilities, established in accordance with the requirements of the Condominium Ownership Act, Chapter 703 of the Wisconsin Statutes.

 

11. Conservation Subdivision. A subdivision design which concentrates development in specific areas of the subdivision.  The purpose of a conservation subdivision is to allow increased density in certain areas of the subdivision by grouping together homes in one or more areas, while preserving natural features in others.  The concept provides for flexibility in subdivision design that fits the natural characteristics of the land and permits more permanent open space thereby permanently protecting agriculturally, environmentally or historically significant areas within the subdivision.

 

12. Conventional Subdivision. A subdivision that does not comply with the conservation subdivision

standards.

 

13. Cul-de-sac. A local street with only one vehicular outlet and having an appropriate terminal for the

safe and convenient reversal of traffic movement.

 

14. Cul-de-sac – Temporary or “T” Turnarounds. A local street terminating in a turnaround, which may be extended as a through street in the future as part of future phases of the subdivision or the development of adjacent lands.  Temporary cul-de-sacs may be reduced to fifty (50) feet in radius if a larger diameter would effectively reduce minimum lot size.  The Town Board may approve turnarounds of smaller diameter of different design on a case-by-case basis.  Dead end streets shall not be permitted without a suitable turnaround.

 

15. Development Envelope. Areas within a lot or subdivision that the clearing of trees, grading, pavement and buildings may be located.

 

16. Development Plan. A general site analysis for a conventional subdivision or for a conservation subdivision and its environs identifying and analyzing the natural and cultural features of the area.

 

17. Driveway. A private access for ingress & egress from a public road right-of-way to private land.

 

18. Dwelling. A single unit providing complete, independent living facilities for one or more persons,

including permanent provisions for living, sleeping, eating, cooking, and sanitation.

 

19. Easement. Is a grant by a property owner for the use of land for a specific purpose.

 

20. Environmental Assessment. Information to be furnished by the subdivider in the format required by this ordinance.

 

21. Final Plat. The map of record of a subdivision, and any accompanying material.

 

22. Frontage. The length of the front property line of a lot abutting a public street, road, or highway.

 

23. Grade. The slope of a road, street or other public way, specified in percent.

 

24. Improvement. Any sanitary sewer, storm sewer, storm water drainage and retention/detention facilities, water main, or other facility for which the County, Town or special use district may ultimately assume the responsibility for maintenance and operation.

 

25. Land Division. Any division of a parcel of land.

 

26. Lot. A parcel of land occupied by or designed to provide space necessary for one main building and its accessory buildings or uses that abuts a publicly dedicated street.  A lot shall be created by a subdivision plat or certified survey map or a parcel described in a conveyance recorded with the Sauk County Register of Deeds which complies with the minimum size requirements pursuant to the applicable zoning district designation in effect at the time of the land division or recording of the conveyance.  No land included in any street, highway, or railroad right-of-way shall be included when computing the area for minimum lot sizes.  No street, highway, easement, rail right-of-way, river, stream, or water body shall constitute a break in contiguity.

 

27. Lot of Record. A land area designated in a subdivision plat, plat of survey, or certified survey map or described in a conveyance recorded in the Sauk County Register of Deeds office which complied with zoning laws in existence when the property was divided and/or recorded but which no longer complies with the current minimum land area within the applicable zoning district.  Such land area shall be occupied by or designed to provide space necessary for one main building and its necessary buildings or uses.

 

28. Lot, Corner. A lot situated at the intersection of two streets.

 

29. Outlot. A parcel of land, other than a buildable lot or block, so designated on the plat, which is used to convey or reserve parcels of land.  Outlots may be created to restrict a lot which is unbuildable due to high groundwater, steep slopes, or other physical constraints, or to create common open space.  Outlots may also be parcels of land intended to be re-divided into lots or combined with lots or outlots in adjacent land divisions in the future for the purpose of creating buildable lots.  An outlot may also be created if a lot fails to meet requirements for a private onsite wastewater treatment system, but which may be buildable if public sewer is extended to the lot or land division.  Section 236.13(6) of the Wisconsin Statutes prohibits using an outlot as a building site unless it complies with all the requirements imposed for buildable lots.  All restrictions related to an outlot shall be included on the face of the plat.

 

 

 

 

 

 

 

 

30. Owner. Any person, group of persons, firm, corporation or any other legal entity having legal title to the land sought to be divided under this title.

 

31. Parcel. Contiguous land owned, controlled, or managed by an owner, single or common interest.  No street, highway, easement, railroad right-of-way, river, stream, or water body shall constitute a break in contiguity.

 

32. Plan Commission. The Town of Dellona Plan Commission as authorized by 60.62(4), §61.35 and §62.23 Wisconsin Statutes and established under Chapter 2.02 of the Code of Ordinances, Town of Dellona, Wisconsin.

 

33. Plat. A map of a subdivision.

 

34. Preliminary Plat. A map showing the salient features of a proposed subdivision, or land division submitted for purposes of preliminary consideration prior to all final plats and, when required, prior to a land division.

 

35. Preservation Area Easement. A legal agreement recorded with the Sauk County Register of Deeds, which conveys an interest in real estate imposing limitations and affirmative obligations on the type and amount of development that may take place on a property.  For the purposes of this chapter, said easement shall apply to Preservation Areas as part of a conservation subdivision.

 

36. Replat. The process of changing, or a plat which changes, the boundaries of a recorded Subdivision Plat or part thereof.  The legal dividing of a Block, Lot, or Outlot within a recorded Subdivision Plat without changing exterior boundaries of said Block, Lot or Outlot is a replat.

 

37. Restrictive Covenant. A restriction on the future use(s) of property or other instrument of conveyance.

 

38. Right-of-way. Right-of-way is a strip of land occupied or intended to be occupied by a public street, walkway, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for other special use.

 

39. Roadway. The surfaced portion of the street available for vehicular traffic.

 

40. Sensitive Areas. Areas containing one or more of the following unique or locally significant resources: archaeological resources, critical wildlife habitats, erodible land, flood hazard areas, stream corridors, wetlands or woodlands.

 

41. Service Road. A Public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating unregulated ingress and egress to the right-of-way and providing safe and orderly points of access at fairly uniformly spaced intervals.

 

42. Sewage Disposal System, Private a/k/a Private On-Site Waste Treatment System. An on-site septic or holding system approved for use by the appropriate governmental entity.

 

43. Streets.

 

1. A public street is a right-of-way which affords a primary means of vehicular or pedestrian access to parcels of land where the general use and maintenance of such right-of-way is governed by the appropriate unit of government.

 

1. A private street or road is a right-of-way which affords vehicular and pedestrian access to parcels of land designated by a sub-division plat which has access to a public street.

 

44. Street, Collector. A street which carries traffic from local streets to the system of major arterials and highways, including the principal entrance streets of a residential development and the principal circulating streets within such a development.

 

45. Street, Half. A street bordering one or more property lines of a tract of land in which the subdivider has allocated only part of the ultimate right-of-way width.

 

46. Street, Minor. A street used primarily for access to abutting properties and local needs of a neighborhood.

 

47. Street, Through. A street that begins and ends on another public street.

 

48. Subdivider. Any person, corporation, partnership, association, trust, or entity of any sort or authorized agent thereof, who divides or proposes to divide land in any manner that results in a land division, subdivision, or condominium plat as defined in this section.

 

49. Subdivision. The division of land for the purpose of transfer of ownership or building development, where the act of division creates four (4) or more lots, or where the act of division creates four (4) or more lots by successive division within a five-year period.

 

50. Thoroughfare. A highway with high traffic volumes, including collectors, major arterials, and limited access highways.

 

51. Town. Reference to town shall mean the Town of Dellona including Plan Commission, Town Board, Town Clerk and/or any others designated by Town Board.

 

52. Walkway. A walkway or trail within a block, dedicated to public use and intended primarily for pedestrians.

 

53. Zoning Regulations. The zoning regulations adopted by Sauk County.

 

Sec. 10.01.08 Applicability and Scope.

 

The provisions of this chapter apply to all unincorporated lands within the Town of Dellona where any lands are divided.  This chapter shall not repeal, impair or modify private covenants or other ordinances, except that it shall apply whenever it imposes stricter regulations.  This chapter shall not apply to [see §236.45(2)]:

 

 

1. Transfers of interest in land by will or pursuant to court order.

 

2. Leases for a term not to exceed ten (10) years, mortgages or easements.

 

3. The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this chapter, or the minimum size required by other applicable laws and ordinances.

 

4. Assessor’s Plats made under Section 70.27, Wisconsin Statutes.

 

Sec. 10.01.09 Compliance with Ordinances, Statutes, Regulations and Plans.

 

Any person, firm or corporation dividing land which results in a subdivision or a land division shall prepare a subdivision plat or a certified survey map in accordance with the requirements of this chapter and:

 

1. The provisions of Chapter 236, and Section 80.08, Wisconsin Statutes.

 

2. The rules of the Department of Commerce, including COMM. 83, Wisconsin Administrative Code, for subdivisions not served by public sewer.

 

3. The rules of the Division of Highways, Wisconsin State Department of Transportation contained in Trans 233, Wisconsin Administrative Code for subdivisions that abut a state trunk highway or connecting street.

 

4. The rules of the Wisconsin Department of Natural Resources contained in Chapter NR 115, Wisconsin Administrative Code for Shoreland Management Programs and other Wisconsin Department of Natural Resources regulations for development in floodplain, wetlands, and shoreland areas and for setting water quality standards for prevention and abating pollutions.

 

5. All applicable Town of Dellona and Sauk County ordinances and regulations, including, but not limited to, zoning regulations, building codes, sanitary codes, erosion control regulations, and other land division regulations.

 

6. Comprehensive plan or comprehensive plan component(s) adopted by Sauk County or the Town of Dellona.

 

7. The official map of any governmental unit having jurisdiction.

 

8. The rules and by-laws of the State of Wisconsin Department of Regulation and Licensing.

 

Sec. 10.01.10 Right to Farm.

 

To inform future residents on farm life, farm noises, smells, and operational requirements, to protect farming operations, and limit actions against agricultural uses, all land divisions shall include the following statement on the first page of the Certified Survey Map or Subdivision Plat and in the subdivision covenants: “Through Wis.

 

Stat. § 823.08, the Wisconsin Legislature has adopted a right to farm law.  This statute limits the remedies of owners of later established residential property to seek changes to near-by pre-existing agricultural practices.  Active agricultural operations are now taking place and are planned to continue in the vicinity of this land.  These active agricultural operations may produce noises, odors, dust, machinery traffic or other conditions during daytime and evening hours.”

 

Part 2: Street, Easement, Lot and Block Design Standards

 

Sec. 10.01.11 Streets.

 

1. Streets – General Considerations. Streets shall be designed and located in relation to existing and planned streets, to topographic conditions and natural terrain, to promote convenience and safety, and in appropriate relation to the proposed uses of land to be served by such streets.  These provisions shall apply to all land divisions within the scope of this chapter.

 

2. Arrangement.

 

1. All streets shall be properly integrated with the existing and proposed system of streets and dedicated rights-of-way.

 

1. All streets shall be properly designed to accommodate special traffic generators, such as industries, business districts, schools, churches, and shopping centers.

 

1. Streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and sewer systems, and to require the minimum amount of streets necessary to provide convenient and safe access to property.

 

1. The use of curvilinear streets, cul-de-sacs or U-shaped streets shall be encouraged where such use may result in a more desirable layout.

 

1. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Town such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

 

1. In business and industrial developments, the streets and other access-ways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

 

3. Reserve Strips. Reserve strips controlling access to streets or alleys shall be prohibited except where their control is definitely placed with the Town of Dellona.

 

 

 

 

 

4. Access to Streets. The number of minor streets intersecting a collector street or major highway shall be kept to a minimum.  Where a subdivision borders on or contains an existing or proposed major street, the Town may require that access to such streets be limited by one (1) of the following means:

 

1. A parallel street supplying frontage for lots backing onto the major street, such lots to be provided with a screen planting contained in a non-access reservation along the rear property line;

 

1. A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the major street;

 

1. A marginal access street or service road separated from the major street by a planting or grass strip and having access thereto at suitable points.

 

5. Width of Streets. Minimum right-of-way of all new Town roads shall comply with the Town Road Standards contained in Wisconsin Statutes, Sec. 82.50.  The Town may approve rights-of-way less than sixty-six (66) feet where the strict application of this standard is impractical and where such deviation is not contrary to the public interest and safety and intent of this chapter.

 

6. Cul-de-sacs or Dead-End Streets.

 

1. The use of cul-de-sacs in street layouts shall be limited to portions of developments, which, due to unusual shape, size, location, or topography, floodplain, wetland or other condition may better be served by cul-de-sacs than, by continuous streets. A layout making unrestricted use of cul-de-sacs or courts will not be acceptable.

 

1. A cul-de-sac shall not be longer than eight hundred fifty (850) feet, measured on its centerline. The Town may find a greater length to be justifiable based upon topography or other circumstances beyond the control of the developer.

 

1. The radius of a permanent cul-de-sac shall be not less than sixty (60) feet. Planting islands in the center of cul-de-sacs are not encouraged.

 

1. Temporary cul-de-sacs or “T” turnarounds may be required where a roadway will not be immediately completed as a through street. Temporary cul-de-sacs may be reduced to fifty (50) feet in radius if a larger diameter would effectively reduce the minimum lot size.  The Town Board may approve turnarounds of smaller diameter or different design on a case-by-case basis.  Dead end streets shall not be permitted without a suitable turnaround.

 

7. Half Streets. Half streets in new subdivisions shall not be permitted.  Where an existing half street is adjacent to a new subdivision, the subdivider shall dedicate the other half of the street.  Where a new subdivision abuts an existing street of inadequate right-of-way width, additional right-of-way width shall be required to be dedicated and the subdivider to meet the requirements of this chapter.

 

 

 

 

 

8. Street Intersections.

 

1. Streets shall be laid out so as to intersect as nearly as possible at right angles.

 

1. A proposed intersection to two new streets at an angle of less than seventy (70) degrees shall not be acceptable.

 

1. Not more than two (2) streets shall intersect at any one point unless specifically approved by the Town.

 

1. Proposed new intersections along one side of an existing street shall coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than two hundred twenty-five (225) feet shall not be permitted.  Where streets intersect major streets, their alignment shall be continuous.

 

1. Where the grade of any street at the approach of an intersection exceeds seven (7) percent, a leveling area shall be provided having no greater than four (4) percent grade a distance of fifty (50) feet measured from the nearest right-of-way line of the intersecting street.

 

1. Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer, at the direction of the Town, shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide adequate sight distance.

 

9. Radii of Curvature. When a continuous street centerline deflects at any point by more than 10 degrees, a circular curve shall be introduced having a radius of curvature on the centerline of not less than 100 feet on minor streets.

 

10. Alleys.

 

1. Alleys may be required in commercial and industrial subdivisions to provide for off-street loading and service access but shall not be approved in residential districts unless required by unusual topography or other exceptional conditions.

 

1. The width of alleys shall be not less than twenty-four (24) feet.

 

1. Dead end alleys are prohibited except under very unusual circumstances and crooked and “T” alleys shall not be approved unless required by unusual topography or other exceptional conditions. Where dead end alleys are unavoidable, they shall be provided with adequate turnaround facilities at the dead end.

 

 

 

 

 

 

 

 

11. Street names.

 

1. The Town may disapprove of the name of any street shown on the plat which has already been used elsewhere in the surrounding area or which, because of similarity, may cause confusion.

 

1. Where a street maintains the same general direction, except for curvilinear changes for short distances, the same name shall continue for the entire length of the street.

 

1. A name which is assigned to a street which is not presently a through street due to intervening land over which the street extension is planned, shall be continued for the separate portions of the planned through street.

 

1. Access roads adjacent to major highways (frontage roads and the adjacent highways) shall have the same street names and designation.

 

1. Approval of street names on a preliminary plat will not reserve the street name, nor shall it be mandatory for the Town to accept it at the time of final platting.

 

Sec. 10.01.12 Utility Easements.

 

1. Easements across lots or along rear or side lot lines shall be provided for utilities where necessary and shall be at least six (6) feet wide on each side of lot lines and shall be designated as “Utility Easement” on the plat or certified survey map.

 

2. Prior to approval of any final plat, the subdivider shall provide the Town with written concurrence of the adequacy and location of all utility easements from the utility companies, which will serve the proposed subdivision.

 

Sec. 10.01.13 Drainageway.

 

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided an adequate drainageway required by the Town.  The location, width, alignment and grading of such easements shall be of such a width and design to accommodate the anticipated discharge from the property being subdivided and also the anticipated runoff that will occur when property at a higher elevation in the drainage basin is developed.

 

Sec. 10.01.14 Lots and Blocks.

 

1. Residential blocks.

 

1. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, or waterways.
2. The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas should not, where practical, exceed one thousand eight hundred (1,800) feet. Wherever practicable, blocks along major arterials and collector streets shall be not less than one thousand three hundred and twenty (1,320) feet in length.

 

1. Pedestrian walkways, not less than ten (10) feet wide, may be required by the Plan Commission through blocks more than nine hundred (900) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities.

 

1. Nonresidential blocks. Blocks designed for business, commercial, or industrial uses shall be of such length and width as may be determined suitable by the Town for the prospective use.

 

2. Lots. In general, the size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.  Lot dimensions shall conform to the requirements of applicable zoning regulations.  No lot area calculation shall include any road right-of-way or any easement that is twenty (20) feet wide or wider.

 

3. Residential lots. Residential lots to be served by private sewage systems shall comply with the rules of the Department of Commerce.

 

4. Business, commercial and industrial properties. Depth and width of lots to be used for business, commercial, or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in the appropriate zoning regulations.

 

5. Corner lots. Corner lots for residential use shall have sufficient width to permit full building setback as required in the appropriate zoning regulations.

 

6. Lot frontage. No lot shall be created unless it has deeded or platted access to a public right of way.  Every lot shall have a minimum of 40 feet of frontage, which can provide adequate vehicular access directly from the lot to a public street.  Lot frontage of less than forth (40) feet my be approved only where existing and potential ownership patterns make a larger frontage impractical or unnecessary.

 

7. Drainage requirements. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area.  Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.

 

8. Re-subdivision of parcels. In case a lot is subdivided into lots containing five (5) or more acres, it is recommended that such parcels shall be arranged to allow the future re-subdivision into smaller lots in accordance with the provisions of this code.

 

9. Lot lines. Lot lines shall follow the Town boundary lines whenever practicable.

 

 

10. Double frontage and reversed frontage lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic on major highways or to overcome specific disadvantages of topography and orientation.  Whenever the proposed land division contains or is adjacent to a major street or highway, adequate protection of residential properties is required.  adequate protection is met by limiting access and separating through local traffic and shall be provided by reversed frontage, with screen planting contained in a non-access reservation along the rear property line or by the use of frontage streets.

 

Part 3: Required Improvements – Water, Sewer, Road, and Drainage

 

Subdivider shall construct or install all improvements as herein required.  Construction or installation of such improvements shall not commence until the Final Plat or Certified Survey has been recorded.  All work or improvements to the subdivision shall also be subject to inspection by the Town to determine conformance with any applicable requirements.

 

Sec. 10.01.15 Water and Sewage Disposal System.

 

1. The Town encourages the use of private shared water supply wells and private on-site waste treatment systems.

 

2. Where connection to a public water system is deemed available by the Town, the subdivider shall install the public water distribution system and services necessary to serve the subdivision. Mains shall be extended to the perimeter of the subdivision by the subdivider.  All costs associated with the installation of the water distribution system, including those of the Town, shall be borne by the subdivider.  The water distribution system shall be installed in accordance with the plans and specifications approved by the Town and the rules and regulations and requirements of state and local government.

 

3. Where connection to a public sanitary sewer is deemed available by the Town, the subdivider shall install sanitary sewers, interceptors, pumping stations and force mains, and laterals to serve all lots in the subdivision. Sanitary sewer mains shall be extended to the perimeter of the subdivision by the subdivider.  All costs associated with the installation of the public sanitary sewers, including those of the Town, and all sanitary interceptor area or connection charges levied by sewerage district, the Town, or other village or municipality whose charges are approved or certified by the Town prior to the commencement of the installation, shall be borne by the subdivider.  The installation shall be in accordance with the plans and specifications approved by the Town and the rules and regulations and requirements of state and local government.

 

Sec. 10.01.16 Grading and Surfacing of Public Roads.

 

The subdivider shall grade and construct improvements on all Town roads dedicated in a final plat or certified survey.  In addition, subdivider shall grade and construct improvements for existing Town roads and highways adjacent to the final plat or certified survey as deemed necessary by the Town.  All costs associated with the grading and construction of improvements on roads, including those of the Town, shall be borne by the subdivider.

 

 

 

1. Street Grades. Street grades shall comply with Town Road Standards contained in Wisconsin Statutes, Section 82.50, however, the minimum grade shall be no less than ½ of one percent and

maximum grade shall be 8%.  Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth and general leveling of the topography.

 

2. Roadway/Surface Width. All streets shall be graded and surfaced in accordance with the plans, specifications and requirements approved by the Town of Dellona.  Please refer to Chapter 4.01 of the Town of Dellona Code of Ordinances for roadway requirements.

 

Sec. 10.01.17 Storm Water Drainage Facilities.

 

Subdividers shall submit a storm water management plan and construct storm water drainage improvements that incorporates facilities of a size and design that will assure that the anticipated discharge of storm water following the development of the land is less than or equal to the discharge preceding the development.  Design volumes for flow shall not present a hazard to life or property.  Storm water drainage improvements shall be installed in accordance with plans and specifications approved by the Town.  The guidelines, standards and specifications contained within “The Wisconsin Storm Water Manual” or successor publications issued by the Wisconsin Department of Natural Resources, will provide a framework for the development, review and implementation of the storm water plan.  The provisions for ownership and maintenance of the storm water facilities shall be provided as part of a management plan document as specifiec under Sec. 10.01.24 and which shall be recorded with the Sauk County Register of Deeds.  Approved storm water facilities shall be installed prior to the commencement of any grading not directly associated with the installation of such facilities.

 

Sec. 10.01.18 Erosion Control.

 

The subdivider 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.  The developer shall prepare and submit an erosion control plan to the Wisconsin Department of Natural Resources as required by Wisconsin Administrative Code NR 151 and the Sauk County Planning and Zoning Department as required by Sauk County Ordinance 22.56 to determine the adequacy of the proposed measures.  The Sauk County Planning, Zoning, and Records Committee’s approval of the erosion control plan shall be obtained, copies of the County-approved erosion plan provided to the Town, and all erosion control structures shall be in place prior to commencement of any land surface disturbances not associated with installation of such structures.  Where the method of control has failed, the subdivider shall immediately clean up the materials which have been displaced and reconstruct and/or modify erosion control measures, prior to any additional construction or land surface disturbances occurring.

 

Sec. 10.01.19 Special Assessments.

 

The Town may, by ordinance, provide that the cost of installing or constructing any public work or improvement shall be charged in whole or in part to the property benefited, and make an assessment against the property

 

 

 

 

benefited in the manner that the governing body determines as provided by law.  The special assessment is a lien against the property from the date of the levy.

 

Sec. 10.01.20 Construction Plans and Specifications.

 

When public improvements are proposed, all construction plans and specifications for proposed public water, sanitary sewer, streets, drainage and traffic improvements shall be designed, signed, sealed and dated by a Registered Professional Engineer licensed in the State of Wisconsin.  All construction plans or drawings must be accompanied by a geotechnical report signed, sealed and dated by a Registered Professional Engineer.  The Town may require preliminary construction plans indicating existing and proposed grades for new public roads be submitted with the application for approval of a final plat or certified survey.  Final construction plans and specifications shall be submitted to and approved by the Town prior to commencement of any grading in the subdivision or certified survey.

 

Sec. 10.01.21 Preliminary Utility Plans.

 

The preliminary utility plan shall indicate the general location and approximate sizes of all existing and proposed public utilities.  The Preliminary Drainage Analysis shall be prepared by a Registered Professional Engineer licensed in the State of Wisconsin and shall contain drainage calculations.

 

Part 4: Access and Dedications

 

Sec. 10.01.22 Public Access to Navigable Waters.

 

All subdivisions abutting on a navigable lake or stream shall provide access according to the provisions of section 236.16(3) of the Wisconsin Statutes.

 

Sec. 10.01.23 Dedication of Lands for Streets and Public Ways.

 

Whenever a lot to be divided or sold as a subdivision or as a land division contains all or in part, a street, drainageway, or other public way, which has been designated in a comprehensive plan defined in this chapter, or an official map adopted under Wis. Stat. § 62.23, said street or public way may be required to be platted and dedicated in the location and width indicated unless otherwise provided herein.  Any street created for the purposes of this Section or Sec. 10.01.11 shall be made a part of a final plat or certified survey and dedicated to the public for street purposes.  However, the dedication of street right-of-way shall not create a commitment on the part of any public agency to construct, improve or maintain any roadbed placed upon said right-of-way.  Acceptance of any street, road or highway for maintenance purposes shall require compliance with the design and construction standards of this chapter and those of the applicable highway maintenance authority.

 

Sec. 10.01.24 Dedication of Lands for Parks, Playgrounds, Open Space and/or Other Facilities.

 

The subdivider shall dedicate sufficient land area to provide adequate park, playground, recreation and open space to meet the needs to be created by the subdivision.  At least five percent (5%) of all lands included in a final plat or certified survey shall be dedicated to the public for parks, playgrounds, open space and/or other

 

 

 

 

facilities.  The subdivider will be responsible for final grading and seeding of parkland to the satisfaction of the Town and in compliance with other specifications.

 

Where, in the sole discretion of the Town, there is no land suitable for parks within the proposed subdivision, the dedication of land required is not feasible, or the dedication of land would not be compatible with the Town’s Comprehensive Plan, land dedication for parks, playgrounds, open space and/or other facilities may be reduce or not be required.

 

Where common open space in Conservation Subdivisions provides lands for park and recreational purposes which will be privately owned and maintained by the future residents of the subdivision, such areas shall be credited against the requirement of dedication for park and recreation purposes, provided the Town finds that the following standards are met:

 

1. That the private ownership and maintenance of the open space is adequately provided for by recorded, written agreement and open space easement; and

 

2. That the use of the common open space is restricted for park and recreational purposes which run with the land in favor of the future owners of property within the subdivision and which cannot be modified or eliminated without the consent of the Town Board; and

 

3. That the Town Board, after recommendation from the Plan Commission, determines that the proposed common open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the common open space land.

 

Sec. 10.01.25 Reservation of Lands for Parks, School Sites or Public Sites.

 

Whenever a land to be subdivided includes all or in part a site for a park or other public use designated in an adopted official map, and the area designated is in excess of the amount of land required to be dedicated in Sec. 10.01.24, the excess amount of land shall be reserved for public acquisition for a period of three (3) years from the date of approval of the final plat, unless extended by mutual agreement between the Town and the subdivider.

 

Part 5: Approval Process

 

Sec. 10.01.26 Pre-Application Procedure.

 

Prior to submitting an application for approval of a preliminary plat, final plat, or condominium plat, the subdivider and/or his agent shall consult with the Plan Commission for advice and assistance for the purpose of reviewing the procedures and requirements of this chapter and other ordinances, and any plans or data which may affect the proposed development.  The subdivider shall schedule an appointment and meet with

the Plan Commission to discuss the procedure for approval of a conservation subdivision, certified survey,

convention subdivision, or condominium plat, including submittal requirements and design standards.

 

 

 

 

After the initial meeting, a site visit by the Plan Commission, with the subdivider and representatives of the Town Board will be scheduled.  The Plan Commission will also encourage participation in site visit by representatives of the Sauk County Planning and Zoning Department and other agencies as may be deemed appropriate.  The purpose of the site visit is to familiarize the Plan Commission and other reviewing agencies with the property’s existing conditions and special features, to identify potential site development issues, and provide an informal opportunity to discuss site design concepts, including, in part, the general layout of common open space, street alignments, and potential building site locations.

 

Sec. 10.01.27 Development Plan.

 

Prior to submitting a preliminary plat, final plat, or condominium plat, the subdivider shall submit a development plan, which addresses the broader issues of development and land use in and around any proposed subdivision.  The purpose of the development plan is to generate information which provides for the analysis

of developmental proposals to ensure the development layout is proceeding in an orderly manner consistent

with the chapter, the Town’s Comprehensive Plan, and other pertinent regulations or requirements.  The general physical and cultural characteristics of the land on which development is proposed should be ascertained by the subdivider and the Plan Commission before major resource commitments are made.

There is no specific format for preparing a development plan, however the data used to prepare the development plan is typically information that can be obtained from readily available sources (i.e., Sauk County, U.S..G.S., N.R.C.S., D.A.T.C.P., DNR, the Wisconsin State Historic Preservation Office (WisSHPO), etc.), rather than from detailed field investigations.  However, the developer is expected to prepare a comprehensive presentation of the information required.  At a minimum, the area to be included in a development plan shall include all contiguous lands owned, leased, optioned or otherwise under the control of the developer, plus those adjacent areas specified in this section.  The following data shall be presented and analyzed in a development plan:

 

1. Geographical information: Boundaries of the developer’s property, and boundaries of the proposed subdivision, if different; ownership and location of all adjacent properties (excluding public rights-of-ways and streams less than three hundred (300) feet wide); location and name of all public rights-of-way and publicly owned lands within one thousand (1,000) feet of any property boundary; location, size and ownership of all public utilities within three hundred (300) fee of the property.

 

2. Natural features: Soil conditions, including wet areas and rock outcrops; general topography and delineation of all areas with slopes over twelve percent (12%); geology, including approximate depth to bedrock, and ground water resources (depth, quality and quantity); location and names of all streams, lakes and flood plains within one thousand (1,000) feet of the property; vegetative cover on the property and all contiguous properties.

 

3. Historical and Cultural features: Architectural, historical, archaeological, or other significant cultural features on the property or within one thousand (1,000) feet of the property.

 

4. Existing zoning of the property and all contiguous properties; all existing easements on the property; the boundary of any unit of government within one thousand (1,000) feet of the property; location of

 

 

 

any airport, solid waste disposal site, sewage treatment facility, water treatment plant, school, or

cemetery within one thousand (1,000) feet of the property.

 

5. Development proposal: Approximate density and type of development; proposed land use(s); approximate lot sizes (minimum, maximum and average); approximate location and size of all streets, public dedications and utilities proposed; proposed filling, grading, lagooning, dredging and/or flood proofing; anticipated timing of the development; where appropriate, the developer may wish to obtain and attach the comments of affected agencies, groups and/or individuals.

 

6. Additional requirements for a conservation subdivision. To aid the Plan Commission in determining whether the applicant has accomplished the design objectives for a conservation subdivision as described in Section Sec. 10.01.38, the development plan shall also include:

 

1. Vegetation of the site by general land covers type.

 

1. Visual resources, showing view sheds onto the site from surrounding roads and public areas. Photographs can be used to demonstrate view sheds.

 

1. Potential development areas. Areas of the site that protect conservation areas and substantially protect the visual and physical impacts of development on the conservation areas.

 

7. Form of presentation: The methods used by the developer to prepare and present the development plan shall be governed by the Town’s need for a clear, concise description of the proposed development.

 

Sec. 10.01.28 Development Plan Procedure.

 

1. A development plan shall be submitted, for review by the Plan Commission and Town Board, prior to the submission of a preliminary plat, final plat, or condominium plat. A development plan, together with twelve (12) copies and an electronic file (PDF), shall be submitted to the Town Clerk.  A development plan review fee, as set forth in the Town’s fee schedule, shall also be paid at the time of submission of the development plan.

 

2. At a minimum, the review and comment procedure will consist of:

 

1. Informational public meetings. The Plan Commission may hold informational meetings or open houses with the community as determined appropriate by the Plan Commission to provide the subdivider a forum whereby interested citizens may ask questions and learn more about the proposed development.

 

1. All interested parties may review and comment, in writing, or orally, on any development plan submitted. All written comments shall be submitted to the Plan Commission.

 

1. The Plan Commission shall consider the development plan at a minimum of one (1) Plan Commission meeting. The Plan Commission may invite representatives of the Sauk County Planning and Zoning Department and other agencies as may be deemed appropriate to participate in the meeting.  The subdivider will be afforded an opportunity to present the plans for the development at the Plan Commission meeting and answer questions.  The Plan Commission, after reviewing the development plan proposal and comments received, shall report their findings concerning the suitability and appropriateness of the development proposal to the subdivider and to the Town Board, the Sauk County Planning and Zoning Department, and the town(s), village(s) and/or city(ies) directly affected by the proposed development.

 

10. As part of its report, the Plan Commission may recommend waiver of the requirement to submit a preliminary plat (Sec. 10.01.30).

 

1. The Town Clerk shall schedule a public hearing before the Town Board. The subdivider shall be afforded an opportunity to present the plans for the development and all interested parties may comment, in writing, or orally, on the development plan at the Public Hearing.

 

1. The Town Board shall, within 60 days of receipt of a complete development plan by the Town Clerk, consider the Plan Commission’s recommendations and comments received at the public hearing, approve, conditionally approve, or reject the development plan.

 

1. The Town Board shall report its findings to the Sauk County Planning and Zoning Department, and the town(s), village(s), and/or city(ies) directly affected by the proposed development.

 

1. The Plan Commission and Town Board shall consider the development plan and the comments generated when acting on any subsequent preliminary or final plat.

 

Sec. 10.01.29 Land Suitability.

 

No land shall be divided or subdivided for a use which is held unsuitable by the Plan Commission for reason of flooding or potential flooding, soil limitations, inadequate drainage, incompatible surrounding land use, or any other condition likely to be harmful to the health, safety or welfare of the future residents or users of the area, or to the residents of the Town of Dellona.

 

Except as provided herein, the Plan Commission shall determine land suitability at the time the first required submission is considered for approval.  The subdivider shall furnish such maps, data and information as may be necessary to make a determination of land suitability for development located in an area where flooding or potential flooding may be a hazard.  In addition to the data required to be submitted with the first required submission, the subdivider shall be required to submit the following additional information upon request of the Plan Commission:

 

1. Two (2) copies of an aerial photograph, or two (2) maps prepared by a registered land surveyor or engineer, which accurately locates the proposed development with respect to flood plain zoning district limits if present, channel or stream fill limits and elevations, and flood proofing measures taken or proposed to be taken.

 

 

 

 

 

 

2. Two (2) copies of a typical valley cross-section showing the channel of the stream, the flood plain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high-water information.

 

3. Two (2) copies of a profile showing the slope of the bottom of the channel or flow line of the stream.

 

4. Such other data as may be required to determine land suitability.

 

When a proposed subdivision is located in an area where flooding or potential flooding may be a hazard, the Plan Commission shall transmit to the Division of Water Regulation and Zoning, Wisconsin Department of Natural Resources, one (1) set of the information required and shall request that agency to provide technical assistance in determining whether the land is suitable or unsuitable for the use and development proposed,

or whether certain modifications, limitations, improvements, or other conditions of the development can overcome the land unsuitability.  Where a proposed subdivision is located wholly or partly in an area where flooding or potential flooding may be a hazard, the Plan Commission shall apply the following standards in addition to all other requirements in the approval of plats and certified survey maps:

 

1. The development shall be in accordance with flood plain management standards of the Division of Water Regulation and Zoning, Wisconsin Department of Natural Resources.

 

2. Building sites must be filled to a height and area sufficient to provide protection from the regional flood as defined by and according to the standards of said Division of Water Regulation and Zoning.

 

3. Development shall be carried out or assured so as to not have an adverse effect on flood flows or storage capacity standards of said Division of Water Regulation and Zoning.

 

Unless specifically exempted from this requirement elsewhere in this chapter, all subdivision proposals where private water and/or sewage disposal systems are to be used, shall be accompanied by certifications and/or reports:

 

1. Describing the probable depth, cost and yield of private wells. This report shall be based on competent scientific investigation and shall include the sources of all data used in the preparation of the report.

 

2. Describing the soil conditions existing on the site as applicable to on-site waste disposal. A soils report shall accompany all subdivision proposals.

 

3. The subdivider may, as a part of the pre-application procedures, request a determination of land suitability, providing that he shall provide all necessary maps, data and information for such a determination to be made.

 

In applying the provisions of this section, the Plan Commission shall, in writing, recite the particular facts upon which it bases its conclusion that the land is unsuitable for the intended us or development and afford the

 

 

 

 

subdivider an opportunity to present evidence and the means of overcoming such unsuitability, if he so desires.  Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability.

 

Sec. 10.01.30 Preliminary Plat.

 

Unless requirements for preliminary plat are waived as provided in Sec. 10.01.28(3), a preliminary plat shall be prepared based upon a survey by a registered land surveyor.  The preliminary plat shall include the entire contiguous area owned or controlled by the subdivider.  The preliminary plat shall be drawn at a scale of one hundred (100) feet to one (1) inch, and shall show correctly on its face:

 

1. Date, graphic scale and north point.

 

2. Name of the proposed subdivision.

 

3. Name, address and telephone number of the owner, the subdivider, the land surveyor preparing the plat, and the person to be contacted regarding the plat.

 

4. Location of the proposed subdivision by legal description and indication on township map(s).

 

5. The exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the U.S. Public Land Survey, and the total acreage encompassed thereby.

 

6. Location and names of adjacent subdivisions, parks, cemeteries, and owners of record of abutting unplatted lands.

 

7. Location, dimensions and names of all existing easements and rights-of-way within or adjacent to the proposed subdivision.

 

8. Location, dimensions and names of all proposed streets, location of existing property lines, buildings and structures, drives, rock outcrops, wooded areas, railroads, and other similar significant features within or adjacent to the proposed subdivision.

 

9. Location and approximate high-water elevations of all streams and water courses, lakes, marshes and flowages within one thousand (1,000) feet of the proposed subdivision.

 

10. Delineation of flood plain and zoning boundaries within and adjacent to the proposed subdivision.

 

11. Contours at vertical intervals of not more than two (2) feet for a slope less than twelve percent (12%) and five (5) feet for a slope of twelve percent (12%) or more.

 

12. On-site sewage disposal suitability, including soil suitability, depth to ground water and bedrock, and

slope.

 

 

 

 

 

13. Source and availability of potable water supplies.

 

14. Location and approximate dimensions of any sites to be reserved or dedicated for parks, playgrounds, drainageways, walkway, open space, and other public or private uses.

 

15. Approximate dimensions of all lots, together with proposed lot and block numbers.

 

16. Approximate radii of all curves.

 

17. A draft of any proposed covenants, deed restrictions, and Preservation Area Easements.

 

18. The Town may require the subdivider to submit a storm water plan and an erosion control plan. See Sec. 10.01.17 and Sec. 10.01.18 of this chapter.

 

Sec. 10.01.31 Preliminary Plat Procedure.

1. Unless requirements for preliminary plat are waived as provided in Sec. 10.01.28(3), a preliminary plat shall be required for all conservation subdivisions and conventional subdivisions.

 

2. The application for approval of a preliminary plat shall include all data required by this chapter accompanied by one (1) reproducible, twelve (12) copies of the proposed preliminary plat and an electronic file (PDF). A preliminary plat review fee, as set forth in the Town’s fee schedule, shall also be paid at the time of submission of the preliminary plat.

 

3. The Town Clerk shall forward copies of each preliminary plat submitted to all units of general

purpose local government within one thousand (1,000) feet of the area shown in the preliminary plat.

 

4. The Plan Commission shall consider the preliminary plat at a Plan Commission meeting. The Plan Commission will invite representatives of the Sauk County Planning and Zoning Department and other agencies as may be deemed appropriate to participate in the meeting.  The subdivider shall be afforded an opportunity to present the preliminary plat at the Plan Commission meeting and answer questions.  The Plan Commission, after reviewing the preliminary plat and comments received, shall report their findings and recommendations to the subdivider and the Town Board.

 

5. The Town Clerk shall schedule a public hearing before the Town Board. The subdivider shall be afforded an opportunity to present the plans for the development and all interested parties may comment, in writing, or orally, on the preliminary plat at the public hearing.

 

6. The Town Board shall, within 90 day of receipt of a preliminary plat by the Town Clerk, approve, conditionally approve, or reject the preliminary plat. The Town Board shall consider the Plan Commission’s recommendations and comments received at the public hearing, and shall approve, conditionally approve, or reject the preliminary plat, based on its determination of conformance with the provisions of this chapter.  The Town Board will report its findings to the Sauk County Planning and Zoning Department, and the town(s), village(s) and/or city(ies) directly affected by the proposed development.

 

Sec. 10.01.32 Final Plat.

The final plat of the proposed subdivision shall comply with the requirements of Chapter 236 Wis. Stats., and the provisions of this chapter.

Sec. 10.01.33 Final Plat Procedure.

Provided that all preliminary procedures have been completed and approved by the Town Board, the subdivider shall submit twelve (12) copies of the final plat and an electronic file (PDF) to the Town Clerk.  A final plat review fee, as set forth in the Town’s fee schedule, shall also be paid at the time of submission of the final plat.

The Town Clerk shall forward copies of each preliminary plat submitted to all units of general purpose local government within one thousand (1,000) feet of the area shown in the preliminary plat.  The Plan Commission shall consider the final plat at a plan Commission meeting.  The Plan Commission will invite representatives of the Sauk County Planning and Zoning Department and other agencies as may be deemed appropriate to participate in the meeting.  The subdivider shall be afforded an opportunity to present the final plat at the Plan Commission meeting and answer questions.  The Plan Commission, after reviewing the final plat and comments received, shall report their findings and recommendations to the subdivider and the Town Board.  The Town Board shall, within 60 days of receipt of the final plat, approve, conditionally approve, or reject the final plat.  The Town Board shall consider the Plan Commission’s recommendations and comments received and shall approve, conditionally approve, or reject the final plat, based on its determination of conformance with the provisions of this chapter.

Sec. 10.01.34 Condominium Plat Procedure.

1. A development plan shall be prepared in accordance with Sec. 10.01.28 of this chapter and shall be submitted to the Town at least thirty (30) days prior to the submission of a condominium plat. The Town may also require subdivider to submit, with the development plan, a storm water management plan as required by Sec. 10.01.17 and an erosion control plan as required by Sec. 10.01.18.

 

2. The subdivider shall submit twelve (12) copies of the condominium plat and an electronic file (PDF).

 

3. A condominium plat shall be submitted to the Town of Dellona for review pursuant to 703.115 Wis. Stats.

 

4. The Town’s review is to be completed within 10 working days after submission of the condominium instrument. If the Town’s review is not completed within this period, the condominium instrument is approved for recording.

 

5. A condominium instrument may be rejected if it fails to comply with the applicable requirements of Wis. Stat. 703.095, 703.11(2)(a), (c), (d), and (3), 703.275(5) and 703.28(1m) or if the surveyor’s certificate under § 703.11(4) is not attached to or included in the condominium plat.

 

 

 

 

6. Upon approval of the condominium instrument by the Town, the Town Chairperson shall certify approval in writing.

Sec. 10.01.35 Certified Survey Map.

The certified survey map shall comply with the provisions of Wis. Stat. § 236.34 and the provisions of this chapter.  A Certified survey map of not more than 3 parcels of land consisting of lots or outlots may be recorded in the office of the register of deeds of the county in which the land is situated per Sauk County Ordinance § 22.25.

Sec. 10.01.36 Certified Survey Map Procedure.

1. No person, firm or corporation shall divide any land located within the Town of Dellona which shall result in a land division, as defined by this chapter without first filing for approval by the Plan Commission and subsequently recording with the Sauk County Register of Deeds, a certified survey map which complies fully with Wis. Stat. 236.34, and with all applicable requirements contained within this chapter.

 

2. Subdivider shall complete the “Request for Review of Certified Survey Map (CSM)” application before submitting plans to the Plan Commission.

 

3. A certified survey map shall include all lots, parcels or building sites created by a land division.

 

4. Twelve (12) copies of the certified survey map and an electronic file (PDF) shall be supplied to the Town Clerk. The Plan Commission shall recommend to the Town Board, recommend conditionally, or reject the certified survey map, based on a determination of conformance with the provisions of this chapter.  The Town Board shall review all comments made by the Plan Commission and approve, approve conditionally or reject the Plan Commission’s recommendation within sixty (60) days.  Failure of the Town Board to comment shall be construed to indicate Town approval.

 

5. The certified survey map shall be prepared by a registered land surveyor at a scale of not more than four hundred (400) feet to one (1) inch. The certified survey map shall include:

 

1. The name and address of the individual dividing the lands.

 

1. The date of the survey.

 

1. A metes and bounds description referenced to a line and a corner of the U.S. Public Land Survey, or referenced to an adjoining recorded plat.

 

1. The locations, rights-of-way widths and names of existing or proposed streets, alleys or other public ways; easements, and railroad and utility rights-of-way included within or adjacent to the proposed land division.

 

 

 

 

1. The area(s) of the parcel(s) being created in square feet and acres.

 

1. The locations of existing property lines, buildings, drives, streams and water courses, lakes, marshes, and other significant features within the parcel(s) being created shall be shown.

 

1. Utility easements and access restrictions, where applicable.

 

1. The location of an existing on-site sewage disposal system.

 

1. The statement on the face of the certified survey map that the parcel(s) created are considered unbuildable until a soil evaluation report as required by the Department of Commerce is filed in the Department. If the parcel has access to a public sanitary sewage system, the surveyor shall note on the face of the certified survey map that the parcel(s) are unbuildable unless a hookup is made to the public sanitary sewer.

 

236. When dedication of lands is required, an owner’s certification of dedication prepared in accordance with Wis. Stat. 236.34 and a governmental jurisdiction certificate of acceptance of the dedication, approved by the full governing body of the accepting jurisdiction.

 

1. Proof of compliance with Trans 233 Wis. Adm. Code where applicable.

 

Sec. 10.01.37 Monuments.

 

Before final approval of any subdivision within the Town of Dellona, the subdivider shall install monuments placed in accordance with the requirements of chapter 236, Wis. Stats.  The Town may waive the placement of monuments for a reasonable time on the condition that the subdivider executes a surety bond to insure the placing of such monuments within the time required.  The Town Clerk is authorized to accept such surety bonds and contracts in the amount approved by the Town Board.

 

Part 6: Conservation Subdivisions

 

Sec. 10.01.38 Conservation Subdivision Design Standards.

 

1. It is the intent of this section to encourage the use of what is non-traditional subdivision design that would cluster the residential parcels and preserve open space/agricultural land.  In so doing, the overall density as required by zoning is maintained without sprawling the home sites over a large area.

 

2. Design and Evaluation Criteria. An applicant must follow the process set forth in section 11.8 of the Town’s Comprehensive Plan dated June 1, 2009.  In evaluating the layout of lots and open space, the following criteria will be considered by the Town as indicating design appropriate to the site’s natural, historic, and cultural features, and meeting the purposes of this chapter.  Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation areas.  Accordingly, the Town shall evaluate proposals to determine whether the proposed conceptual preliminary plan:

 

1. Protects and preserves all floodplains, wetlands, and steep slopes from clearing, grading, filling, or construction (except as may be approved by the Town for essential infrastructure or active or passive recreation amenities).

 

1. Preserves and maintains mature woodlands, existing fields, pastures, meadows, and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses. For example, locating buildings and pavements within wooded areas is generally recommended, with two exceptions.  The first involves significant wildlife habitat or mature woodlands that raise an equal or greater preservation concern.  The second involves predominantly agricultural areas, where remnant tree groups provide the only natural areas for wildlife habitat.

 

1. If development must be located on open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads. Other considerations include whether the development will be visually buffered from existing public roads, such as by a planting screen consisting of a variety of indigenous native trees, shrubs, and wildflowers (specifications for which should be based upon a close examination of the distribution and frequency of those species found in a typical nearby woodlot).

 

1. Maintains or creates an upland buffer of natural native species vegetation of at least 100 feet in depth adjacent to wetlands and surface waters including creeks, streams, springs, lakes and ponds.

 

1. Designs around existing hedgerows and tree lines between fields or meadows and minimizes impacts on large woodlands (greater than five acres), especially those containing many mature trees or a significant wildlife habitat. Also, woodlands of any size on highly erodible soils with slopes greater than 10% should be avoided.  However, woodlands in poor condition with limited management potential can provide suitable locations for residential development.  When any woodland is developed, great care shall be taken to design all disturbed areas (for buildings, roads, yards, septic disposal fields, etc.) in locations where there are no large trees or obvious wildlife areas, to the fullest extent that is practicable.

 

1. Leaves, scenic views and vistas unblocked for uninterrupted, particularly as seen from public thoroughfares. For example, in open agricultural landscapes, a deep “no-build, no plant” buffer is recommended along the public thoroughfare where those views or vistas are prominent or locally significant.  The concept of “foreground meadows,” with homes facing the public thoroughfare across a broad grassy expanse is strongly preferred to mere buffer strips, with or without berms or vegetative screening.  In wooded areas where the sense of enclosure is a feature that should be maintained, a deep “no-build, no-cut” buffer should be respected, to preserve existing vegetation.

 

1. Avoids siting new construction on prominent hilltops or ridges by taking advantage of lower topographic features.

 

1. Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U.S. Fish and Wildlife Service and/or by the Wisconsin Department of Natural Resources

 

1. Designs around and preserves sites of historic, archaeological, or cultural value, and their environs, insofar as needed to safeguard the character of the feature, including stone walls, earthworks, and burial grounds.

 

1. Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting directly onto existing public roads. Establishes buffer zones along the scenic corridor of rural roads with historic buildings, stone walls, hedgerows, and so on.

 

1. Landscapes common areas (such as community greens), cul-de-sac islands, and both sides of new streets with native specie shade trees and shrubs with high wildlife conservation value. Deciduous shade trees shall be planted at forty-foot intervals on both sides of each street, so that the neighborhood will have a stately and traditional appearance when they grow and mature.  These trees shall generally be located at the edge of the right-of-way, within a planting strip of not less than five feet in width.

 

1. Provides active recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby buildings.

 

1. Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on site, between properties and activities or special features within the neighborhood open space system. All roadside footpaths should connect with off-road trails, which in turn should link with potential open space on adjoining undeveloped parcels (or with existing open space on adjoining developed parcels, where applicable).

 

1. Provides open space that is reasonably contiguous. For example, fragmentation of open space should be minimized so that these resource areas are not divided into numerous small parcels located in various parts of the development.  To the greatest extent practicable, this land shall be designed as a single block with logical, straightforward boundaries.  Long thin stips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails.  The open space shall generally abut existing or potential open space land on adjacent parcels.  Such subdivision open space shall be designed as part of larger contiguous and integrated greenway systems, as per the Town’s comprehensive plan.

 

Sec. 10.01.39 Minimum Open Space and Density Allowance.

 

Primary and Secondary Development Area.  The Primary Development Area (PDA) and Secondary Development Area (SDA) are as shown on Map 11-3 of the Town’s Comprehensive Plan dated June 1, 2009.  In those areas, conservation subdivisions shall have a density where 60% of the original parcel may be developed (development area) and 40% of the original parcel must remain as open space (preservation area).  The maximum lot density of a conservation subdivision shall also require that the maximum density of the development area not exceed one (1) lot/unit per two (2) acres of land outside of the area of any road right of way.  Minimum lot size in areas utilizing private sewer systems shall be two (2) acres.  Minimum lot size in areas with access to public sanitary sewer shall be one acre.  Storm water detention basins and other non-structural uses may be included as part of the minimum required open space.  For example, 60 acres (60%) of a one hundred (100) acre parcel minus four (4) acres utilized for road rights-of-way will yield 56 acres or a maximum number of permitted single family lots/density units of 28 lots in an area that will be served by a private sewer system.  Open space required and maximum number of lots allowed shall be determined according to the following methodology:

 

1. Gross acreage of site: ________ acres.

 

2. Development area: Line 1 x 60% = ________ acres.

 

3. Road right of way area: = _________ acres.

 

4. Density base acreage: Line 2 – Line 3 = __________ acres.

 

5. Maximum number of lots (private sewer): Line 4 ÷ 2 = _______lots/units.

 

6. Maximum number of lots (public sewer): Line 4 = ________ lots/units.

 

Agricultural Protection area.  The Agricultural Protection Area is as shown on map 11-3 of the Town’s Comprehensive Plan dated June 1, 2009.  In that area, land divisions are only permitted such that they would allow residential use of two units/lots per 40 acres of contiguous ownership.  The minimum lot size in the Agricultural Protection Area is five (5) acres.

 

Part 7:  Condominium Plats

 

Sec. 10.01.40 Condominium Plat Density & Design Standards.

 

1. Intent. It is the intent of this section to require condominium plat design that would cluster the dwelling units and preserve open space/agricultural land.  In so doing, the overall density as required by zoning is maintained without sprawling the dwelling units over a large area.

 

2. Density Standards. In no case shall the maximum number of units in a condominium exceed the maximum number of lots the same parcel could have accommodated under this chapter if the parcel had been conventionally divided.  Condominium plats shall have a density where 60% of the original parcel may be developed (development area) and 40% of the original parcel must remain as open space (preservation area).  The maximum dwelling unit density of a condominium plat shall require that the maximum density of the development area not exceed dwelling unit per acre of developable land, which excludes land utilized by road right-of-way.  Storm water detention basins and other non-structural uses may be included as part of the minimum required open space.  The minimum open space and number of allowable dwelling units will be determined by the process defined in Section 10.01.39.  For example, 60 acres (60%) of a one hundred (100) acre parcel minus four (4) acres utilized for road rights-of-way will yield 56 acres or a maximum density of 56 dwelling units.

 

3. Design and Evaluation Criteria. In evaluating the layout of dwelling units and open space, the criteria specified in Sections 10.01.39 (3) 1 through 14 will be considered by the Town as indicating design appropriate to the site’s natural, historic, and cultural features, and meeting the purposes of this chapter.  Diversity and originality in dwelling unit layout shall be encouraged to achieve the best possible relationship between development and conservation areas.

 

Sec. 10.01.41 Common Open Space Ownership Standards.

 

1. Permanent Protection. All common open space shall be shown as outlot(s) and shall be permanently restricted from further development and/or land development by deed restriction in a form acceptable to the Town.  Under no circumstances shall any development be permitted at any time within conservation lands, except for those approved by the Town and included in the deed restriction.

 

2. Ownership of Common Open Space. The following methods may be used, either singly or in combination, for ownership of parks, playgrounds, open space, or other common facilities.  The common open space shall not be transferred to another entity except in compliance with this subsection.  Documentation of the proposed ownership arrangement for the common open space shall accompany the plat or certified survey map, including any draft contracts, articles of incorporation, by-laws, etc.  The subdivider shall arrange with the tax assessor a method of assessment of the common open space which will allocate to each tax parcel in the subdivision a share of the total assessment for such common open space.  The following forms of ownership are acceptable:

 

1. Homeowners Association. The members of a homeowner’s association subject to the following requirements shall hold open space in common ownership as undivided proportionate interests.  The subdivider shall provide to the Town a description of the Homeowners Association, including its bylaws, and all documents governing maintenance requirements and use restrictions for common open space.

 

1. The organization shall be established by the owner or subdivider and shall be operating, with financial subsidy by the subdivider, if necessary, prior to the sale of any lots in the development.

 

1. Membership in the organization shall be mandatory for all purchasers of all lots in the subdivision and their successors and assigns.

 

• The organization shall be responsible for maintenance and implementation of the land stewardship plan and property insurance of land.

 

1. The members of the organization shall share equitably the costs of maintaining, insuring, and operating conservation land.

 

1. The organization shall have or hire adequate staff to administer, maintain, and operate common open space.

 

703. Stat. Chapter 703. All parks, playgrounds, open space and other facilities shall be held as “common elements” by the unit owners in the form of undivided percentage interests in accordance with the condominium documents.  An association of unit owners shall be formed to govern the affairs of the condominium and membership shall be mandatory.  The applicant shall provide all documents necessary to establish a condominium association and all documents governing maintenance requirements and use restrictions for common facilities and open spaces to the Town for review and approval.

 

 

Condominium Agreements.  Parks, playgrounds, open space, and facilities shall be held in common ownership by property owners of the development through the use of condominium agreements.  The requirements of such agreements shall be reviewed for conformance with:

 

1. Fee simple conveyance to a public entity. Fee simple conveyance free and clear of all encumbrances and restrictions to the Town or other public agency or utility deemed to be acceptable by the Town through a warranty deed or other acceptable method as determined by the Town. There shall be no cost of acquisition to the Town or other agency or utility.
2. Fee simple conveyance to a private organization. Fee simple conveyance to a private organization deemed to be acceptable by the Town through a warranty deed or other acceptable method as determined by the Town. This method of conveyance must contain appropriate provisions for proper reversion or retransfer of said lands or facilities to one of the other entities outlined within this subsection in the event that the organization becomes unwilling or unable to continue ownership.

 

1. Conveyance of a Preservation Area Easement. Land preserved as a Preservation Area shall be accomplished through the conveyance of a Preservation Area Easement. There shall be no cost of acquisition to the Town for said easement.  The Preservation Area Easement benefits and binds all occupants, lessees, owners, heirs and assigns of the Preservation Area.

 

1. Management Plan. To ensure adequate operation and maintenance of parks, playgrounds, open space, and other facilities, including storm water management facilities, a management plan shall be prepared and submitted at the time of application for approval of a plat by the Town.  The management plan shall:

 

1. Define ownership.

 

1. Define the use.

 

• Establish necessary operation and maintenance responsibilities.

 

1. Estimate service contract needs, insurance requirements, and other associated cost and defines the means for funding the same on an on-going basis.

 

1. Include a storm water management plan.

 

1. Include a section specifically focusing on the long-term management of the Preservation Area.

 

• Include provisions for cutting of trees, grading, removal of topsoil, or alterations to watercourses and water bodies.

 

1. At the Town’s discretion, the subdivider may be required to provide a performance bond, letter of credit or escrow sufficient funds for the maintenance and operation costs of parks, playgrounds, open space and common facilities for a period of one year.
2. Modification of the management plan after final plat approval may be allowed with approval of the Town.

 

1. Management plans and subsequent modifications shall be recorded with the Sauk County Register of Deeds.

 

1. In the event that the association established to own and maintain common open space, or any successor organization thereto, fails to properly maintain all or any portion of the common open space, the county may serve written notice upon such association setting forth the manner in which the association has failed to maintain the common open space. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the association, or any successor organization, shall be considered in violation of this chapter, in which case the Town shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the Town shall be assessed against the properties that have the right of enjoyment of the common open space.

 

Part 8: Conventional Subdivisions

 

Sec. 10.01.42 Conventional Subdivision Density and Design Standards.

 

1. Intent. It is the intent of the Town to provide developers with an incentive to create conservation subdivisions.

 

2. Density Standards. Primary and Secondary Development Area. The Primary Development Area (PDA) and Secondary Development Area (SDA) are as shown on Map 11-3 of the Town’s Comprehensive Plan dated June 1, 2009. Minimum lot size in areas utilizing private sewer systems shall be two (2) acres.  Minimum lot size in areas with access to public sanitary sewer shall be one acre.

 

3. Agricultural Protection Area. The Agricultural Protection Area is as shown on map 11-3 of the Town’s Comprehensive Plan dated June 1, 2009. In that area, land divisions are only permitted such that they would allow residential use of two units/lots per 40 acres of contiguous ownership.  The minimum lot size in the Agricultural Protection Area is five (5) acres.

 

Part 9: Administration and Enforcement

 

Sec. 10.01.43 Plan Commission.

 

The Plan Commission shall be empowered to conduct such hearings and meetings as necessary in accordance with this chapter, and to recommend to the Town Board, approval, conditional approval or rejection of applications under the terms as set forth herein.

 

Sec. 10.01.44 Fees, Enforcement, Variances and Appeals.

 

1. Fees.

 

1. Application fees. The subdivider shall pay the following at the time of each submission:

 

1. Preliminary Plat review fee as set forth in the Town’s fee schedule.

 

1. Final Plat review fee as set forth in the Town’s fee schedule.

 

• Certified Survey Map (CSM) review fee as set forth in the Town’s fee schedule.

 

1. Replat review fee as set forth in the Town’s fee schedule.

 

1. Legal and engineering fees. Engineering, legal or other professional services incurred by the Town in conjunction with the plat review.  The necessity for incurring of such expenses will be at the sole discretion of the Town of Dellona Plan Commission or Town of Dellona Town Board.  Engineering work may include, but will not be limited to, review of construction plans and specifications and inspections.  Legal work may include, but will not be limited to, the drafting of contracts between the Town and the subdivider and a review of covenants, easements and documents, conducting hearings, and compliance and enforcement of any agreement between the Town and the subdivider.  Other professional services would include such services as deemed necessary to evaluate the proposed projects and evaluate compliance with legal, environmental, aesthetic, and other concerns as identified by the Town of Dellona Board and/or Plan Commission.

 

1. Supervision and Inspection Costs. The subdivider shall pay the Town at times specified by the Town, a fee equal to the actual cost to the Town of any construction supervision, inspection, and subsequent testing services deemed necessary by the Town.

 

1. Fees shall be set and amended from time to time by the Town Board in its fee schedule.

 

2. Modifications and appeals.

 

1. Where, because of unique topographic or other conditions of the land involved, or because of other conditions predating adoption of this chapter, it is inappropriate to apply literally the provisions of this chapter and where such literal applications would impose undue hardship, the Plan Commission my vary the requirements of this chapter.  The Plan Commission may attach conditions to the granting of such modifications to assure that the purpose and intent of the chapter are observed and that compliance with state law is achieved.

 

1. Any person aggrieved by a failure to approve any land division or condominium plat, may appeal therefrom to the courts as provided in the Wisconsin Statutes.

 

3. Replats, vacations or alterations in recorded plats.

 

236. Replats of all or part of a recorded land division shall occur pursuant to sections 236.36 through 236.445 of the Wisconsin Statutes.

 

236. Upon submission to the Town of a preliminary plat for an area for which a plat was vacated or altered by action pursuant to sections 236.40 through 236.44, the Plan Commission shall hold a public hearing.

 

While the proposed ne plat is pending before the Plan Commission, notices of the hearing shall be mailed to the owners of all properties within the area of the subdivision and to all landowners within two hundred (200) feet of the proposed replat.

 

4. Enforcement.

 

1. Any division of land which results in a state subdivision, county subdivision, or minor subdivision as defined in this chapter, shall be surveyed, mapped or platted, and the map or plat shall be approved as provided herein, and the approved map or plat shall be recorded with the Sauk County Register of Deeds prior to conveying any lot, parcel or tract included within the proposed division, provided, however, that in the case of a subdivision which has been the subject of a preliminary plat approved by the Town, offers or contracts to convey parcels, lots, or tracts within the proposed land division may be entered into pending approval of the final plat if the contract or offer to convey stated on its face that it is contingent upon recording of the final plat and shall be void if such plat is not recorded within a specified time.

 

1. Lots may be further divided, providing they meet all land division standards of this and other applicable ordinances. It shall be unlawful for any person to build upon, divide, convey, record or monument any land in violation of this chapter or the Wisconsin Statutes.  Until the requirements of this chapter have fully been met, no person, firm or corporation shall be issued a permit authorizing the building upon, or improvement on any land division, or replat within the scope of this chapter, and not of record as of the effective date of this ordinance.

 

1. The Town Board or designee may issue a compliance order, field directive, or a suspension order to termination order to assure compliance with the provisions of this chapter.

 

236. The Town Board may institute appropriate action or proceedings to enjoin violation of the ordinance or of state law pursuant to section 236.31 of the Wisconsin Statutes.

 

 

236. A person, firm or corporation who fails to comply with this chapter shall be subject to the appropriate penalties as set forth in §236.30 through 236.335, Wis. Stats. In addition, any violation of the provisions of this ordinance will result in a penalty of not less than $200 nor more than $1000 per

day.

 

1. Each day a violation exists or continues shall constitute a separate offense.

 

• Assessor’s plats made pursuant to section 70.27 of the Wisconsin Statutes may be ordered by the Town Board at the expense of the subdivider or the owners of record when a land division is created by successive divisions, not in compliance with this chapter.

 

Sec. 10.01.45 Recording and Conveyance of Lots or Parcels Included Within Land Division Requiring

Town Approval.

 

 

 

1. Recording. Pursuant to section 236.45(2) of the Wisconsin Statutes, the Sauk County Register of Deeds is directed to accept for recording all plats and certified survey maps and accompanying documents which are required to be prepared and approved by the Town, and to keep and record same. No person shall attempt to record a plat or document purporting to create parcels of land for sale or development that is not in conformance with this chapter.

 

2. Conveyance. Lands described in plats and maps recorded pursuant to sub. (1) may be described by reference to the recorded plat or map and recording document number for all purposes, including those of assessment, taxation, devise, descent and conveyance as defined in section 706.01(4), Wisconsin Statutes.

 

Sec. 10.01.46 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.  In their interpretation and application, the provisions of this chapter shall be liberally construed in favor of the Town of Dellona and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

 

Sec. 10.01.47 Waiver of Liability.

 

1. In carrying out any of the provisions of this chapter or in exercising any power or authority granted to them thereby, there shall be no personal liability upon the Town, its agents and employees. In such matters, it is understood that they act as agents and representatives of the Town.

 

2. Since there can be considerable variation in the ability of soil to absorb sewage effluent on the individual lots approved pursuant to this code, attention is directed to the necessity of conducting individual lot soil tests by a certified soil tester as specified in Wis. Admin. Code COMM 83. There

shall be no personal liability upon the Town, its agents and employees where, as the result of

individual lot soil tests, a state approved private sewage system other than the type expected, must be used.

 

Part 10: Developers Agreement

 

The subdivider shall install the improvements outlined in this chapter, and any other reasonable improvements that may be deemed necessary by the Town due to unique circumstances associated with the proposed subdivision.  All improvements shall be set forth in plans and specifications approved by the Town Board.  Prior to recording a plat or certified survey that included requirements for construction of public improvements, the subdivider shall enter into a legally binding Development Agreement with the Town, as approved by the Town Attorney, which sets for the mutual obligations of the Town and the subdivider with respect to the construction of the required improvements.

 

Sec. 10.01.48 Financial Sureties.

 

 

 

Financial sureties shall be furnished to the Town of Dellona by the subdivider to ensure performance of  obligations and guarantees under the terms of this chapter shall only be in a form which the Town Board deems secure and may include certified checks, corporate bonds, escrow accounts, irrevocable letters of credit in a form approved by the Town Board, or performance bonds.

 

1. Determination of Financial Surety Amount. The amount of financial surety shall be one hundred twenty-five (125) percent of the estimated full amount of the obligation being ensured (including the costs of inspection) as estimated by an engineer or other agent appointed by the Town of Dellona, or for less than a period than the work is scheduled to be completed, however, the Town Board shall allow reductions in the amount of the financial surety in proportion to the amounts of the obligations as they are fulfilled with respect to streets, drainage, grading, storm water and erosion. Any surety that is required will be in accordance with state law.

 

2. Disputes over the Amount of Financial Sureties. In any disputes over the amount of a surety, the estimate prepared by an engineer or other agent appointed by the Town of Dellona shall be conclusive.

 

3. Criteria for Determining Subdivider’s or Developer’s Delinquency in Meeting Requirements. The Town Board shall give notice by registered mail to the subdivider or developer and the subdivider’s or developer’s surety, of such delinquency, said notice to specify the corrective measures required if the subdivider or developer:

 

1. Fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the completion of said work within the specified time; or

 

1. Performs the work unsuitably, as determined by the Town Board; or

 

1. Neglects or refuses to supply materials or to perform anew such work as shall be rejected as defective and unsuitable; or

 

1. Discontinues the execution of work; or

 

1. For any other cause whatsoever does not carry on the work in an approved manner.

 

4. Town Board Action. After said notice, the Town Board shall call upon the performance guarantee to have the work completed in accordance with the terms of the performance guarantee.

 

Sec. 10.01.49 Construction Phases and Time of Completion.

 

All improvements shall be completed within eighteen (18) months from the date of recording of the subdivision.  However, the subdivider and the Town may agree that the subdivider may install the improvements in construction phases, provided that: the phases are specified in the contract for subdivision improvement; the developer submits a surety in the amount of the estimate of the Town sufficient for the construction of each phase as constructed as required by state law, and the developer records deed restrictions approved by the Town which specify that the lots which are included in future construction phases of the subdivision will not be transferred or sold unless the Town’s approval is obtained and the subdivider provides a surety equal to the estimate of cost prepared by the Town for the construction in progress; the subdivider minimizes grading and

 

other disturbance of land included in future construction phases in order to prevent erosion, and the erosion control plan submitted and approved addresses the individual phases of construction; and, the construction phases proposed by the subdivider reflect the needs of the Town and adjacent property owners for street and other improvements to serve lands adjacent to and within the subdivision.

 

Sec. 10.01.50 Guarantee of Work.

 

Upon completion of the construction of major components of the work, i.e., public water distribution system, public sewerage system, public drainage system, public streets and walkways, street lighting, intersection area improvements, traffic signals, park improvements or buffer and planting strips, the subdivider shall request an inspection by the Town.  Upon acceptance by the Town, submittal of the lien waivers, and affidavits regarding payment and compliance with the prevailing wage rate from all contractors, each major component of the work shall be submitted to the Town Board for acceptance.  Upon acceptance, the Town Clerk is authorized to accept a reduction in the surety to an amount equal to the estimate of the Town of the cost of work remaining to be completed and accepted, and an amount to insure performance of any one year guarantee against defects in workmanship and materials of the work component accepted not to exceed 15%.  When work on major components of construction has been substantially completed except for work which cannot be completed because of weather conditions or other reasons which, in the judgment of the Town are valid for non-completion, the Town is authorized to accept the reduction in the amount of surety sufficient to cover the work remaining to be completed including the performance of a one year guarantee period against defects in workmanship and materials.  Prior to authorizing said reduction, the Town may require the subdivider to submit a lien waiver from her or his contractors.

 

Sec. 10.01.51 Contractor Qualifications.

 

The contractor(s) employed by the subdivider to construct the public improvements may be required to be prequalified by the Town for the appropriate category of work.  The contractor(s) shall maintain insurance as required by the Town.

 

Sec. 10.01.52 Reimbursement to the Town for Costs Sustained.

 

The applicant shall pay in advance to the Town, a reasonable amount, as determined for the Town for its actual cost of design, inspection, testing, construction, traffic signing and marking, and associated legal, engineering, inspection and other expenses related to the requirements of this Ordinance.  The Town will utilize these amounts from time to time as necessary to reimburse the Town for its expenses related to this Ordinance.  The Town may request the applicant to pay, in advance, additional amounts if it determines that the original payment is not adequate to reimburse the Town.  Any unused amounts will be returned to the applicant upon completion of all the requirements of this Ordinance.  Payment of the Town for all its expenses shall be a condition precedent to acceptance of any major components of construction.  The Town’s expenses shall include, but are not limited to, the following:

 

1. The cost of Town employees’ time engaged in the required public improvements based on the hourly rate paid to the employee multiplied by a factor of 2.25 representing the Town’s approximate cost for

 

 

 

 

 

statutory expense benefits, insurance, sick leave, holidays, vacation and similar benefits, overhead and supervision, said factor not to exceed 2.25.

 

2. The cost of Town equipment employed.

 

3. The cost of mileage reimbursed to Town employees which is attributed to the subdivision.

 

4. The actual costs of Town materials incorporated into the work, including transportation costs plus a restocking and/or handling fee not to exceed 20% of the cost of the materials.

 

5. All attorney and engineering consultant fees associated with the subdivision at the invoiced amount.

 

6. All plan review charges or other service expenses attributed to the subdivision that are imposed upon the Town by other regulatory entities or service providers at the invoiced amount.

 

 

 

 

11 FIREWORKS ORDINANCE REV 03.2013

 

Town of Dellona

Ordinance #11 – Fireworks

Effective March 11, 2013

 

1. Applicability: This Ordinance shall apply to all displays of fireworks, public

or private, conducted within the geographical boundaries of the Town of

Dellona, Sauk County, Wisconsin.

 

1. Permit Required: All displays of fireworks shall obtain a permit from the

Town of Dellona.  Applications for permits must be filed using the current

Dellona Fireworks Display Permit Application.  Applications together with

payment of the permit fee must be filed with the Town Clerk at least thirty

days prior to the proposed date of display.  Applications without payment of

the fee will not be processed for approval.  A late application may be filed with

the Town upon payment of an additional fee of $100.00 per day for each day

elapsed since the original required permit filing date.  Permits shall only be

issued to applicants that meet all of the following requirements:

 

1. A Certificate of Liability Insurance with the Certificate Holder designated

as the Town of Dellona and the property owner of the property on which

the proposed display will take place.  The Certificate shall be provided by

the Fireworks Company or the licensed applicant conducting the display in

an amount not less than $1,000,000 coverage per person for personal

injury and not less than $1,000,000 for property damage.  Such certificate

shall be issued by an Insurance Company approved and licensed by the

Office of the Commissioner of Insurance for the State of Wisconsin to do

business in the State of Wisconsin and

 

1. A Certificate of Liability Insurance with the Certificate Holder designated

as the Town of Dellona.  The Certificate shall be provided by the property

owner of the property on which the proposed display will take place in an

amount not less than $1,000,000 coverage per person for personal injury

and not less than $1,000,000 for property damage.  Such certificate shall be

issued by an Insurance Company approved and licensed by the Office of

the Commissioner of Insurance for the State of Wisconsin to do business

in the State of Wisconsin and

 

1. A clear and readable copy of a valid and current Department of Treasury-

Bureau of Alcohol, Tobacco and Firearms License/Permit (Issued under

18 U.S.C. chapter 40, Explosives) held by the Fireworks Company or the

licensed applicant conducting the display, and

1. A clear description of the intended site of the display including the name

of the property owner, the sponsor of the display, mailing address of

applicant, telephone number of applicant, name of person in charge of the

display, name of the fireworks company conducting the display, the date

and time storage and possession of fireworks will begin and end, and the

name and telephone number of the person responsible for the site while

fireworks are present.  And

 

1. A Site Layout per NFPA 1123 and a current color Site Map with an

overlay of the exact location planned of the grounds on which the display

is to be held showing the exact point at which the fireworks are to be

discharged, the locations of all buildings, streets, trees, overhead public

utility lines or overhead obstructions within 500 yards of the point of

discharge and an adequate clear area indicating the lines behind which the

public will be restrained.  And

 

1. Specification of the date and time the display will begin and end.

 

1. The application must state the applicant’s requested date on and after

which the fireworks can be purchased.  Once the permit is issued, the

permit holder may purchase fireworks up to the date of the permitted

usage.

 

1. A Complete listing of the number and type of all fireworks to be in

possession at the site and the number and type to be discharged on the

date and time specified in the permit application, and

 

150. Payment of a permit fee in the amount of $150.00.

 

• Other Provisions:

 

1. Permit holders will agree in writing that if a permit is granted, the

applicant and/or agents of the applicant will be subject to all of the

provisions of S.167, Wisconsin Statures and Municipal Code, Chapter

36, Section 8, Violations of S.167.10 Wisconsin Statutes, County of

Sauk, and Town of Dellona codes and ordinances.  Failure to comply

will constitute ground for revocation of the permit granted.

 

1. The use of fireworks designed to produce only sound effects without

any significant visual display is discouraged.

 

1. Permit holders will permit access to all parts of the display site to

representatives of the Town of Dellona and representatives of the

agencies providing fire and emergency medical services for the display

site for the purpose of conducting inspections to determine compliance

with all applicable regulations and requirements.

 

1. All licensed displays are limited to thirty minutes duration and must

conclude no later than 10:00 P.M.

 

1. The discharge or firing of any fireworks device is permitted only by

the holder of the permit required in paragraph III.B herein or his

employees.

 

1. Compliance with the terms of this ordinance shall not absolve the

applicant or permit holder from liability for personal injury or damages

resulting from the applicant or permit holder’s activities.

 

1. A permit may contain additional restrictions as set forth in NFPA 1123 or

other regulations as the Town Board determines are necessary for the

public’s welfare and safety.

 

1. To be valid, a permit must bear the manual signature of the Chairperson of the

Dellona Board of Supervisors or another Supervisor designated to act in the

place of the Chairman of the Dellona Board of Supervisors.

 

1. Failure to obtain a permit, failure to comply with the terms and conditions of

this ordinance, or obtaining a permit based on false or incorrect information

supplied on the permit application shall be punishable by a fine of $1,500.00

per violation payable within 45 days of said violation.

12 ORDINANCE TO EXTEND TOWN OFFICER TERMS IN RESPONSE TO ELECTION LAW CHANGES

 

Ordinance to Extend Town Officer Terms In Response to Election Law Changes

No. 12

 

            Whereas, the term of elected town officers (other than elected assessors) have previously begun on the 2^nd Tuesday in April;

Whereas town officers (other than assessors) elected in April 2012 and thereafter will now have their terms of office commence on the 3^rd Tuesday in April due to recent state election law changes;

Whereas this law change results in a week long “gap” between the end of the current terms of office for those town officers elected in either 2010 or 2011 and the start of the new terms of office for those officers elected in April 2012 or April 2013;

Whereas, 2011 Wis. Act ________ provides that a town board may enact an ordinance providing that the terms of any elective officers in the town who were elected or appointed to serve for terms expiring on the 2^nd Tuesday in April 2012 or 2013 may be extended to the 3^rd Tuesday in April in the same year in which the terms would otherwise have expired;

Therefore, be it hereby ordained by the Town Board of the Town of Dellona, Sauk County, that the terms of elected town officers which shall expire after 11:59 p.m. on the 2^nd Monday of April in either April 2012 or April 2013 shall be extended until the 3^rd Tuesday of April in the same year in which the terms would otherwise have expired.

This ordinance shall be effective upon publication or posting by the Town Clerk as required, pursuant to s. 60.80, Wis. Stat.

Adopted this 13^th day of February 2012

By the Town Board of the Town of Dellona, Sauk County, Wisconsin:

 

_________________________________________

Town Chairperson

Attest:

__________________________________Town Clerk

13 ORDINANCE ESTABLISHING MONTHLY PARKING FEE FOR MOBILE HOMES

 

TOWN OF DELLONA

ORDINANCE NO. 13

            AN ORDINANCE ESTABLISHING A MONTHLY PARKING PERMIT FEE

             FOR MOBILE HOMES AND REGULATING MOBILE HOME PARKS

 

The Town Board of the Town of Dellona, Sauk County, Wisconsin, does ordain as follows:

 

Section 1

 

The provisions of Wisconsin Statute No. 66.0435, and the definitions therein are herein adopted by reference.

 

Section 2

 

There is hereby imposed on each occupied, nonexempt mobile home located in the Town of Dellona, a monthly parking fee as determined in accordance with Wisconsin Statute 66.0435.  Said fees shall be paid to the Town of Dellona Treasurer on or before the 10^th day of each month following the month for which such fees are due.

 

Section 3

 

It shall be unlawful for any person to establish or operate upon property owned or controlled by him within the Town of Dellona, a Mobile Home Park without having first secured a license therefore from the Town Clerk.  The application for such license shall be accompanied by a fee of $2.99 for each space in the existing or proposed park but not less than $25.00.  Such application when made shall be made to the Town Board and must be first approved by the Board before the Clerk shall issue the said Mobile Home Park license.  A Mobile Home Park license shall expire the first day of each year.  All Mobile Home Parks shall comply with Wisconsin Administration Code Comm 95 which is hereby adopted by reference.

 

Section 4

 

66. Licensees of Mobile Home Parks and owners of land on which are parked any occupied, non-exempt Mobile Homes shall furnish information to the Town Clerk and Town Assessor on such homes added to their park or land within five (5) days after arrival of such home on forms furnished by the Town Clerk in accordance with Wisconsin Statute 66.0435(3)(c)(2).

 

2. Occupants or owners of non-exempt Mobile Homes parked outside of a Mobile Home Park shall remit such fees directly to the Town of Dellona Treasurer as provided in Section 2. It shall be the full and complete responsibility of the licensee of a Mobile Home Park to collect such fees from each occupied, non-exempt Mobile Home therein and to remit such fees to the Town of Dellona Treasurer as provided in Section 2.

 

5. A PERMIT for each non-exempt Mobile Home is required. Any person, firm or corporation who intends to move a Mobile Home into the jurisdiction of the Town of Dellona, and which will be parked outside of a Mobile Home Park is hereby required to make application for a Mobile Home Permit to the Town Clerk.  The cost for such permit is $5.00.  Such permit shall expire on the first day of each year, but may be renewed upon request.  The $5.00 permit fee is required to be paid for the original permit, but may not be required for the renewal of the permit.  If a Mobile Home is to be moved from on location to another, application for a new permit is required before the unit is moved.  Such permit shall require the $5.00 permit fee to be paid the same as if an original application for such permit is made.

 

Section 5

 

Any person, firm or corporation who fails to comply with any provisions of this ordinance shall, upon conviction thereof, forfeit not less than $10.00 nor more than $100.00 together with the costs of prosecution for each violation and in default of payment thereof shall be imprisoned in the County Jail of Sauk County, Wisconsin, until payment for such forfeiture and costs is made, but not exceeding ten (10) days.

 

Section 6

 

This ordinance shall take effect March 1, 2012 and all ordinance or parts of ordinances inconsistent with or contrary hereto are hereby repealed, except nothing in this ordinance shall be interpreted so as to conflict with State laws or orders regulating Mobile Homes or Mobile Home Parks or any of the requirements of any ordinance of the Town of Dellona not mentioned or made inapplicable by the express terms of this Ordinance.

 

February 13, 2012

 

 

_____________________________

Paul Bremer, Chairperson

 

Attest:

 

______________________________

Lynn Eberl, Town Clerk

 

15 ORDINANCE PERTAINING TO THE DESTRUCTION OF PUBLIC RECORDS (July 9^J 2012)

 

Town of Dellona, Sauk County, Wisconsin

Ordinance #15

DESTRUCTION OF PUBLIC RECORDS

 

FINANCIAL RECORDS – Town officers may destroy nonutility records as described in the attached Annex A of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Chapter 442 of the Wisconsin Statutes, but not less than seven years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to s. 16.61(3)(e), and then after such shorter period.

 

UTILITY RECORDS – Town officers may destroy utility records as described in the attached Annex A of which they are the legal custodians and which are considered obsolete after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Chapter 442 of the Wisconsin Statutes, subject to state Public Service Commission regulations, but not less than seven years after the record was effective unless a shorter period has been fixed by the state Public Records Board pursuant to s. 16.61 (3) (e), and then after such a shorter period, except that water stubs, receipts of current billings and customer’s ledgers may be destroyed after 2 years.

 

OTHER RECORDS – Town officers may destroy other records not described in the attached Annex A of which they are the legal custodian and which are considered obsolete, but not less than 7 years after the record was effective unless another period has been set by statute, and then after such a period, or unless a shorter period has been fixed by the state Public Records Board pursuant to s. 16.61(3)(e) and then after such a shorter period.

 

PUBLIC NOTICE – At least sixty days prior to the destruction of any public record described in this Ordinance and the attached Annex A, a notice listing the items to be destroyed shall be posted at the Town Hall and on the Town website to allow public comment on specific items.

 

HISTORICAL SOCIETY NOTIFICATION – At least sixty days prior to the destruction of any public record described in this Ordinance and the attached Annex A, a written notice shall be given to the State Historical Society of Wisconsin and the Sauk County Historical Society.

 

LIMITATIONS – This ordinance shall not be construed to authorize the destruction of any public record after a period less than prescribed by statute or state administrative regulations.

 

Approved this 9^th Day of July, 2012

 

 

________________________________                                _______________________________

Paul Bremer, Chairman                                                                                          Robert Giebel, Jr. – Supervisor

 

 

________________________________________________                                          _______________________________________________

Aaron Kirby – Supervisor                                                                                       Dan Coulon – Supervisor

 

 

 

________________________________________________                                            _______________________________________________

Gerald Dalllman – Supervisor                                                                                 Attest:  Lynn Eberl – Town Clerk

16 FIRE INSPECTION ORDINANCE

 

TOWN OF DELLONA ORDINANCE #16

FIRE INSPECTION ORDINANCE

 

• Purpose

 

The purpose of this Ordinance is to provide for fire inspections of buildings and premises located in the Town of Dellona by the Delton Fire Department pursuant to the agreement between the Town of Dellona and the Delton Fire and Ambulance Commission.

 

• Fire Inspections

 

The Fire Chief, or his/her designee, shall have the right and authority to enter any commercial, multi-family or other building open to the public, located within the Service Area, at all reasonable hours for the purpose of making inspections or investigations which he may deem necessary in accordance with the provisions of the Wisconsin Administrative Code Chapter SPS 314 Fire Prevention.  Fire inspections shall be made at least once in each year provided that inspections shall not be more than 15 months apart.  All inspections shall be with the permission of the owner or tenant, or in case inspection is refused, pursuant to a Special Inspection warrant as provided under s. 66.0119, Wis. Stats.  Written reports of inspections shall be made and kept on file in the inspection office of the Delton Fire Department in the manner and form required by the Wisconsin Department of Safety and Protective Services.

 

• Fire Investigations

 

The Fire Chief, or his/her designee, shall investigate the origin, cause and circumstances of every fire occurring in the Delton Fire Department Service Area.  The Fire Chief shall take steps to obtain physical evidence, notify the proper law enforcement authorities and cooperate with other agencies as required in the prosecution of the case.

 

• Occupancy of structure after a fire

 

In the event of a structure fire, prior to returning control of the structure to the owner or occupants thereof, the Fire Chief, or his/her designee, shall inspect the structure and shall determine whether or not it is safe for occupancy or use.  If, in the judgment of the Fire Chief, or his/her designee, the structure is not safe, the Fire Chief, or his/her designee, shall issue an order prohibiting occupancy or use of the structure until issuance of an occupancy permit by the Building Inspector.  The Fire Chief, or his/her designee, shall also affix a notice of such order in a conspicuous place on the outside wall of the building and no person shall remove or deface such notice.  Any person who fails to comply with any such order shall be guilty of a violation of the Ordinance.

• Definitions

 

The following words and phrases used in this Ordinance are defined as set forth below:

 

Fire Chief.  The Fire chief of the Delton Fire Department.

Service Area.  The area of the Town of Dellona serviced by the Delton Fire Department pursuant to the agreement between the Town of Dellona and the Delton Fire and Ambulance Commission.

 

• Penalties

 

Unless another penalty is specifically provided for elsewhere in this Ordinance, any person violating any of the provisions of the Ordinance shall, upon conviction, be subject to a forfeiture of not less than fifty dollars ($50) nor more than five hundred dollars ($500), together with the costs of prosecution, and upon default of payment of such forfeiture and costs, shall be subject to penalty as ordered by the court.  Each day of violation of any provision of this Ordinance shall be deemed to constitute a separate offense.

 

• Effective Date

 

Following passage by the Town Board, this Ordinance shall take effect the day after the date of publication or posting as provided by sec. 60.80, Wis. Stats.

 

ADOPTED this 20^th day of August, 2012.

 

 

____________________________________

Paul Bremer

Town Board Chairperson

 

Published this 22^nd day of August, 2012

 

Attest:_______________________________

Lynn Eberl

Town Clerk

 

 

17 ORDINANCE REQUIRING LICENSE HOLDERS AND APPLICANTS TO BE CURRENT ON TAX PAYMENTS

 

TOWN OF DELLONA

Sauk County, Wisconsin

 

ORDINANCE #17

 

AN ORDINANCE REQUIRING PAYMENT OF ALL PROPERTY TAXES AND

OTHER AMOUNTS DUE BY LICENSE AND PERMIT HOLDERS AND APPLICANTS

FOR PERMITS AND LICENSES

 

The Town Board of the Town of Dellona, Sauk County, Wisconsin, does ordain as

follows:

 

Section 1.    DELINQUENCY:  As a condition of obtaining, renewing or keeping a license

or permit issued by the Town of Dellona, all local taxes, assessments, special charges, or

other fees, including but not limited to municipal forfeitures shall be paid on a current

basis.  Any fees unpaid which are due and payable on or before the date of any license

application, during the effective period of a permit or licenses issued, or any time limit set

by the Town or a court as the case may be, place the licensee, permit holder, or applicant in

a state of delinquency and subject said party to disciplinary action by the Town Board,

including reprimand, suspension for a set time period (up to 90 days), revocation of existing

license or permit, or denial of any application for issuance or renewal of licenses or

permits.

 

Section 2.    REVOCATION:  Any license revoked shall not be reinstated within the 12

months following the date of revocation.  There shall be no refund of any license or permit

fee paid to a party whose license or permit is revoked.

 

Section 3.    PROCEDURE:  Upon complaint by any person, or at Town Board direction,

and following Town Board review and approval, written notice shall be given to the

licensee of the complaint basis, and the date and time the Town Board will hear the matter.

For non-alcohol licenses where no statutory procedure is set, service may be first class mail

to the licensee’s last known address, or personal service at the Chairperson’s option.  For

alcohol licenses, present Wisconsin Statute 125 or its successor shall determine the

appropriate notification procedures.  The Clerk shall maintain a record of all service.

 

Section 4.    HEARING:  Evidence and testimony at the hearing shall be done in open session.

Pursuant to Wisconsin Statute, the Town Board may go into closed session to deliberate with

regard to its decision, where this has been listed on the hearing notice.  The clerk shall see that

the hearing notice is posted or published, in a format acceptable to the Chairperson or his

designated representative.

 

Section 5.    PENALTY:  In lieu of a hearing, the Town Board may accept license surrender, and then

determine the time period before another application for the same type of license will be accepted

from the former licensee for review.  In the event that complaint allegation(s) are proved at the

hearing, the Town Board shall decide which penalty for violation is appropriate.  Multiple offenses

may be considered at any hearing involving the same license or permit.

 

Section 6.    SEVERABILITY:  In the event any portion of this ordinance is or becomes invalid or

illegal, the remaining portions shall remain in full force and effect.

 

Section 7.    EFFECT:  This ordinance shall take effect following passage and publication of notice

of the ordinance by the Clerk.

 

 

 

October 8, 2012

 

 

 

 

___________________________________________

Paul Bremer, Chairman

 

 

Attest:

 

 

 

___________________________________________

Lynn Eberl, Town Clerk

Ord ^N20 - Opt-In IOH State

 

Option E Opt-In for Category B--IOHs Pursuant to Sec. 348.15 (9)(f)2.a. to

follow the Table of Statutory Weight Limits under Sec. 348.15 (3)(g)

 

Effect of this Option E:

Adoption of this ordinance pursuant to Sec. 348.15 (9)(f)2.a. of Wis.

Statutes (as provided by 2013 Wis. Act 377) means that the governing body of a municipality

imposes on all highways or specified highways under its jurisdiction, the maximum

single axle limits and maximum gross vehicle weight limits as established in Sec. 348.15 (3) (g)

for all Category B implements of husbandry as defined in Sec. 340.01 (24) (a)1. b. (see Act 377).

 

Sec. 348.15 (9) (f)1. provides that unless a municipality opts in by adopting a resolution or

ordinance, there is no weight limit per wheel, axle, or group of axles, on Category B implements

of husbandry as defined in Sec. 340.01 (24)(a)1.b. However, the maximum gross vehicle weight

of 92,000 pounds applies to these described vehicles. All implements of husbandry are required

to comply with seasonal and special postings and any postings on highway bridges or culverts

under Sec.349.16 of Wis. Statutes.

 

Town/Village Clerk

Note for this ordinance to be effective in any calendar year, it must be adopted on or before

January 15 of that calendar year or in a prior year.

This ordinance should be published in a newspaper or posted within 30 days of adoption

pursuant to Sec. 60.80 of Wis. Statutes for towns or pursuant to Sec. 61.50 of Wis. Statutes for

villages.

This ordinance shall also be forwarded to the Wisconsin Department of Transportation

via email to [email protected] for posting on a state website.

 

 

 

TOWN OF DELLONA

SAUK COUNTY, WISCONSIN

Ordinance to Opt-In for Category B—IOHs to Comply with the Table of

Statutory Weight Limits under Sec. 348.15 (3)(g)

 

Ordinance # 20

 

Whereas, 2013 Wis. Act 377 under Sec. 348.15 (9) (f) 1. provides that there is no weight

limitation per wheel, axle, or group of axles for Category B implements of husbandry as defined

in Sec. 340.01 (24) (a)1.b., but does apply gross vehicle weight limitations to these vehicles, and

 

Whereas, Wis. Stat. § 348.15(9)(f)1. authorizes the municipality or county to require

compliance with axle weight limitations established under Sec. 348.15 (3)(g) for Category B

Implements of husbandry defined in Sec. 340.01(24)(a)1.b. on all highways under its jurisdiction,

 

Now, therefore, BE IT HEREBY ORDAINED by the Town Board of the Town of Dellona of Sauk County

County, that pursuant to Sec. 348.15 (9)(f) of Wis. Statutes, all implements of husbandry (including

Category B implements of husbandry defined in Sec. 340.01 (24) (a) 1.b.) may not exceed the weight

limits imposed by Chapter 348.15 (3) (g) of Wis. Statutes.

 

Further, BE IT HEREBY ORDAINED that to exceed the length and/or weight

limitations on highways under this jurisdiction a no-fee permit may be applied for from the

municipal jurisdiction.

 

Further, BE IT HEREBY ORDAINED that pursuant to Sec. 348.27 (19)(b) 4m.a. in the

event an application for a no-fee permit is made for a Category B implement of husbandry as

defined in Sec. 340.01 (24)(a)1.b., the municipal jurisdiction or county is required to provide an

approved alternate route, which may include highways that are not under this jurisdiction if prior

approval has been given by the jurisdiction over the alternate routes not under this entity’s

jurisdiction for operation of Category B implements of husbandry as defined in Sec. 340.01 (24)

• b.

 

 

 Further, BE IT HEREBY ORDAINED that this ordinance shall remain in effect until rescinded by further

action of the board.}

 

Further, BE IT HEREBY ORDAINED that a copy of this ordinance shall be provided to

the Wisconsin Department of Transportation to be posted on the state DOT website.

Adopted by the Town Board this 8th day of December, 2014.

 

_________________________________                  ____________________________

Dan Coulon, Supervisor                                                                             Gerald Dallman, Supervisor

 

 

_________________________________                  ____________________________

Aaron Kirby, Supervisor                                                                            Robert Giebel, Supervisor

 

 

_________________________________                  _____________________________

Paul Bremer, Chairman                                                                             Attest: Lynn Eberl, Town Clerk

 

 

Ord ^N21 - Alternate BOR Testimony Proc's

 

TOWN OF DELLONA

SAUK COUNTY, WISCONSI

ORDINANCE #21

 

An Ordinance to Establish Procedures and Criteria for Allowing Alternative Forms of Sworn Testimony at Board of Review (BOR) Hearings

 

Whereas, sec. 70.47(8), Wis. Stat. authorizes the Board of Review to consider requests from a property owner or the property owner's representative to appear before the board under oath by telephone or to submit written statements under oath to the Board of Review;

Now Therefore the Town of Dellona, Sauk County does ordain as follows:

 

1. PROCEDURE:

In order for a property owner or property owner's representative to submit a request to testify by phone or submit a sworn written statement, he or she must first comply with the following procedures:

1. a) The legal requirement to provide notice of intent to appear at BOR must be satisfied; and b) An Objection Form for Real Property Assessment (PA-115A) must be completed and submitted to the BOR as required by law.

 

After the two requirements outlined above have been met, a Request to Testify by Telephone or Submit a Sworn Written Statement at Board of Review (Form PA-814) may be submitted to the Town Clerk.  Such requests must be submitted in time to be considered by the Board of Review at the first meeting of the Board of Review.

 

2. CRITERIA TO BE CONSIDERED:

The board may consider any or all of the following factors when deciding whether to grant or deny the request:

1. The requester's stated reason(s) for the request as indicated on the PA-814
2. Fairness to the parties
3. Ability of the requester to procure in person oral testimony and any due diligence exhibited by the requester in procuring such testimony
4. Ability to cross examine the person providing the testimony
5. The Board of Review's technical capacity to honor the request
6. Any other factors that the board deems pertinent to deciding the request

 

3. EFFECTIVE DATE: This ordinance shall be effective upon posting as provided by law.

 

Passed on the 8^th day of May, 2017

 

 

 

________________________________                    ____________________________

Paul Bremer, Town Chairman                                                                  Attest, Lynn Eberl, Clerk

 

Ord ^N22 - Roadside Parking Ordinance

 

TOWN OF DELLONA, SAUK COUNTY

NOTICE OF ORDINANCE

Ordinance 22 – PARKING RESTRICTIONS ON TOWN ROADS

 

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 of the stopping, standing, or parking of vehicles on Town highways in the Town as follows:

1. The stopping, standing, or parking of vehicles on Town highways in the Town of Dellona is subject to the following restrictions and limitations:
   1. No parking in excess of the posted time limit on roads so posted
   2. No overnight parking on roads posted “No Overnight Parking” or signs containing similar language
2. The Town Board of the Town of Dellona, Sauk County, Wisconsin, has the specific authority under s. 13, Wis. Stat., to adopt this ordinance.
3. The Town Chairperson, or his or her designee, shall cause to have placed appropriate signs on those highways ordered to have parking restrictions immediately after such restrictions are ordered by the Town of Dellona Board of Supervisors. Enforcement of new restrictions shall begin thirty days after such restrictions are properly noticed to the public.
4. Violations of these restrictions shall be subject to a forfeiture of $50.00 plus court costs, second violations shall be subject to a forfeiture of $75.00 plus costs, and third and subsequent violations shall be subject to a forfeiture of $100.00 plus costs for each violation.
5. The Sheriff of Sauk County shall have enforcement authority in the Town of Dellona for the provisions of this ordinance.

 

This ordinance is effective on February 1^st, 2018.

The Town clerk shall properly post or publish this ordinance as required under s. 60.80, Wis. stats.

 

Adopted this 11^th day of December, 2017.

Attest: Lynn Eberl, Clerk

 

Ord ^N23 - ATV Routes ^0 Operations

 

TOWN OF DELLONA, SAUK COUNTY, WISCONSIN

 

ORDINANCE 23

 

AN ORDINANCE DESIGNATING ALL-TERRAIN VEHICLE ROUTES AND REGULATING THE OPERATION OF ALL TERRAIN VEHICLES

 

Section I – Intent - The Town of Dellona, Sauk County adopts the following all-terrain vehicle route for the operation of all-terrain vehicles upon the roadways listed in Section IV. Following due consideration of the recreational value to connect trail opportunities and weighted against possible dangers, public health, liability aspects, terrain involved, traffic density and history of automobile traffic, these routes have been created.

 

Section II - Statutory Authority - These route(s) are created pursuant to authority granted to the Town of Dellona under 23.33 (8) (b), Wis. Stats.

 

Section III.  – Adoption of 22.33 Wis. Stats. – All applicable provisions of 23.33 Wis. Stats. Regulating ATV operations and ATV routes are adopted herewith.

 

Section IV – Routes - The Board of Supervisors of the Town of Dellona may, from time to time, amend this ordinance to modify operating limitations and conditions and to add, delete, or modify authorized routes. A list of currently approved routes and operating conditions will be available on the Town of Dellona website www.TownofDellona.com.

 

The following roads are herein designated as routes. A specified route may only be used after all required ATV Route signs have been installed.

1. Gavin Rd from Winfield Boundary to Hwy HH
2. North Ave from HH to Town Hall Rd only
3. Town Hall Road south to South Ave only
4. South Ave east to Coon Bluff Rd only
5. Coon Bluff Rd south to Dellwood Rd only
6. All of Dellwood Rd, First St, Water St, Lake St, and Turtle Rd
7. Horkan Rd from South Ave to Town of Reedsburg boundary
8. All of Birchwood Rd lying within the Town of Dellona

 

                 NOTE:  Routes to be described and identified on informational map.

 

Section V - Conditions - As a condition for the use of this route, the following conditions shall apply to all operators (and passengers);

1. All ATV operators shall observe posted roadway speed
2. All ATV operators shall ride single file.
3.   All ATV operators shall slow the vehicle to 10-mph or less when operating within 150 feet of a dwelling.
4. Routes sign must comply with with NR 64.12, and NR 64.12(7)c.
5.   Operations on designated routes are only permitted between the                  hours of 7:00 A.M. and 9:00 P.M.

Section VI – Enforcement - This ordinance shall be enforced by any law enforcement officer authorized to enforce the laws of the state of Wisconsin.

 

Section VII – Penalties - Wisconsin state All-Terrain Vehicle penalties as found in s. 23.33 (13) (a) Wis. Stats., are adopted by reference.

 

Section VIII – Severability - The provisions of this ordinance shall be deemed severable and it is expressly declared that the Town would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be deemed affected.

 

Section IX - Effective Date - This ordinance becomes effective upon passage and publication.

 

Adopted this 14^th day of May, 2018

 

 

 

 

 

____________________________                          ____________________________

 

Dan Coulon, Supervisor                                                                             Gerald Dallman, Supervisor

 

 

 

 

 

_________________________________                  ____________________________

Daniel Hess, Supervisor                                                                             Robert Giebel, Supervisor

 

 

 

 

 

_________________________________                  _____________________________

Paul Bremer, Chairman                                                                             Attest: Lynn Eberl, Town Clerk

 

Ord ^N24 (Amended Feb 12 2024) - Short Term Rentals

 

Town of Dellona, Sauk County, Wisconsin

Short-Term Rental Ordinance

Number 24 (Amended February 12, 2024)

 

Section I: Purpose

The purpose of this ordinance is to ensure that the quality and nature of the short-term rentals operating within the Town of Dellona are adequate for protecting public health, safety, and general welfare and to protect the character and stability of neighborhoods within the town.

Section II: Authority and Applicability

The Town Board of the Town of Dellona has been authorized to exercise village powers pursuant to ss. 60.10(2)(c) and s. 60.22(3), Wis. Stats. The Town Board adopts this ordinance under its general village powers authority and s. 66.1014 of the Wisconsin Statutes.

The Town of Dellona operates under the provisions of the Sauk County Zoning Codes. No application for an initial Short-Term Rental License nor an application for the renewal of an existing Short-Term Rental License will be accepted by the Town of Dellona unless the applicant has complied with all Sauk County Zoning provisions and, if required, has obtained a Special Exception Permit or other required zoning authorization for the proposed Short-Term rental.

This ordinance shall apply to any property owner, property manager, and or agent(s) of the owner or manager who publicly offers a property for short term rental through advertising, internet, AirB&B or similar agencies, or in any other manner intended to solicit rental of a property on a short term basis as defined in the applicable statutes and ordinances regardless of the actual number of days actually rented.

Section III: Definitions

“Property Manager” means a person who is not the property owner and who provides marketing and property management services for one or more short-term rentals and who may be authorized to act as the agent of the property owner for the receipt of service of notice of municipal ordinance violations and for service of process pursuant to this ordinance.

“Property Owner” means the person who owns the residential dwelling that is being rented.

“Residential dwelling” means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one or more persons maintaining a common household, to the exclusion of all others.

“Short-term rental” means a residential dwelling that is offered for rent for a fee and for more than six and fewer than 29 consecutive days (s. 66.0615(1)(dk), Wis. Stat.).

 

Section IV: Short-Term Rental License

1. No person may maintain, manage, advertise for rental, or operate a short-term rental more than 10 nights each year without a Short-Term Rental License issued by the Town of Dellona pursuant to this ordinance for each property offered for rent or actually rented.
2. No person may maintain, manage, advertise for rental, or operate a short-term rental offering a rental period of less than seven (7) consecutive days to any individual guest..
3. Licenses shall be issued using the following procedures:
4. All applications for a new short-term rental license or a renewal of an existing license shall be filed with the town clerk on forms provided.  Applications must be filed by the Property Owner.  Applicants must state the maximum number of occupants allowed during rental periods. No license shall be issued unless the completed application form is accompanied by:
   1. Payment of the required application fee and any room taxes due to the Town of Dellona
   2. A copy of a valid State of Wisconsin Tourist Rooming House License covering the period of the Town of Dellona license being requested for each property.
   3. A certificate from the Town of Dellona Building Inspector, issued within twenty-four months of the date of application, indicating compliance with all applicable building codes and regulations.
   4. A certificate from the appropriate fire inspector, issued within twelve months of the date of the application, stating that no hazardous conditions exist.
   5. A certificate of insurance showing fire and liability coverages for the intended rental use during the period during which the license will be in effect.
   6. A site plan indicating the location of the proposal property rental, access to the property and the location of adequate off-street parking for guests.
   7. For renewal applications, a copy of the guest register for the previous two years.
5. New licenses and renewals of existing licenses will run for the period January 1^st through December 31^st of each year. Only application fees for initial applications received during the year will be pro-rated.
6. Renewal applications must be filed with the town clerk no later than December 1^st of the current license year. Late renewals will be considered as applications for a new license. A renewal application shall include any updated information since the filing of the original application. An existing license becomes void and a new license is required any time the ownership of a residential dwelling licensed for short-term rentals changes.
7. The Town Board must approve the issuance and renewal of all Short-Term Rental Licenses. The Board may suspend, revoke, or non-renew a short-term rental license following a due process hearing if the Board determines that the licensee: a) failed to comply with any of the requirements of this ordinance; b) has been convicted or whose Property Manager or renters have been convicted of engaging in illegal activity while on the short-term rental premises on 2 or more separate occasions within the past 12 months; or c) has outstanding fees, taxes, or forfeitures owed to the town in violation of Town Ordinance No. 17 entitled, “Ordinance Requiring Payment of Local Claims As Condition of Obtaining or Renewing Town Issued Licenses”.  (There is a sample of such an ordinance available from WTA).

 

Section V: Operation of a Short-Term Rental

 

Each short-term rental shall comply with all of the following requirements:

1. No residential dwelling may be rented for a period of 6 or fewer days ( 66.1014(2)(a), Wis. Stat).
2. If a residential dwelling is rented for periods of more than 6 but fewer than 29 consecutive days, the total number of days within any calendar year that the dwelling may be rented shall not exceed 180 days. The Property Owner or Property Manager shall notify the town clerk in writing when the first rental within a calendar year begins ( 66.1014(2)(d), Wis. Stat.).
3. No recreational vehicle, camper, tent, or other temporary lodging arrangement shall be permitted on site as a means of providing additional accommodations for paying guests or other invitees.
4. Any outdoor event held at the short-term rental shall last no longer than one day occurring between the hours of 8:00 am and 11:00 pm. At a minimum, a seven consecutive day interval must occur between outdoor events held at the short-term rental.  Any activities occurring at the short-term rental shall comply with other applicable noise regulations.
5. A local property management contact (either the Property Owner or an appointed Property Manager) must be on file with the town at all times and must be located within 20 miles and available within one-half hour at the site of the short-term rental. The Property Owner and/or Property Manager must provide the town with current contact information and must be available 24 hours a day, 7 days a week by telephone.  The town must be notified within 24 hours of any change in contact information.
6. Each short term rental shall maintain a register and require all guests to register with their actual names and addresses. The register shall be kept on file for at least two years.  The register shall also include the time period for the rental, the number of occupants, and the monetary amount or consideration paid for the rental.
7. Each short-term rental shall hold a valid State of Wisconsin Tourist Rooming House License and shall provide proof of such license by attaching a copy to the initial license application and all subsequent renewal applications. If the Wisconsin license is revoked the Town of Dellona license shall also be considered to be revoked.
8. All rentals shall be subject to the Town of Dellona Room Tax Ordinance [if such an ordinance exists or is passed in the future ( 66.0615(1m)a, Wis. Stat)].

 

 

Section VI: Penalties

Any person, partnership, corporation, manager or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $200.00 nor more than $250.00, plus the applicable surcharges, assessments and costs for each violation.  Each day a violation exists or continues constitutes a separate offense under this ordinance.

Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement or costs whether existing under this ordinance or otherwise.

Section VII: Fees

Initial Short-term Rental License Application fee: $100.00

Renewal Short-term Rental License Application fee: $75.00

License fees for the first initial license will be prorated, based on whole months, for applications submitted after the first of the year. All renewal licenses shall pay for the entire calendar year in which they are submitted.

Section VIII: Severability

Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, such a decision shall not affect the validity of any other provisions of this ordinance.

Section IX: Effective Date and Publication

This ordinance shall become effective upon adoption and publication as required under s. 60.80, Wis. Stat.

ADOPTED by a vote of 5 for and 0 against on this 11^th Day of January, 2022.

By the Town Board of the Town of Dellona

___________________________

Gerald Dallman, Town Chair

 

Attest, this 10^th Day of January, 2022.

 

____________________________

Lynn Eberl, Clerk

 

Ord ^N25 - Appointing Clerk ^0 Treasurer

 

TOWN OF DELLONA

Sauk County, Wisconsin

ORDINANCE No. 25-Revised

 

Whereas the Board of Supervisors of the Town of Dellona desires to ensure that the financial and municipal government affairs of the Town of Dellona are conducted efficiently and in conformity with all applicable statutes and regulations, and

Whereas the Board has determined that the performance of the duties of these offices has become increasingly complex and require both significant accounting knowledge and the ability to use information technologies for satisfactory discharge of those duties and

Whereas the Board wishes to ensure that the holders of the offices of Town Treasurer and Town Clerk receive training in the requirements of their offices and the associated best practices to be employed in performance of those responsibilities before they take office, and

Whereas, the Board has determined that filling these offices by general election provides no advance time or opportunity for training incoming officers before they take office and

Whereas, Wisconsin Stat. § 60.30(1e)(a),, provides that the office of the Town Clerk and the office of Town Treasurer may be filled by appointment of a majority of the members-elect of the Town Board and

The Board of Supervisors of the Town of Dellona hereby ordains that the offices of the Town Treasurer and the Town Clerk shall be filled by appointment by the Town Board commencing with the terms of office beginning in April, 2021

Be it further ordained that the term of office for each of the appointed positions shall be set by the Town Board, but may not exceed 3 years per § 60.30(1e)(c). and the Town Board may re-appoint an officer for additional terms,

This Ordinance is subject to approval by the town electors in a referendum, which is hereby called by the Town Board to be held on November 3^rd, 2020, which is the next General Election.

The referendum question shall be: “Recognizing the need for the holders of the office of Town Treasurer and the office of Town Clerk to have sufficient time to receive the training necessary for the conduct of these offices prior to their assuming the duties of these offices, shall the person holding the office of Town Clerk and the person holding the office of Town Treasurer be appointed by the Town Board?”

The salary and other compensation of each appointed position shall be set by the Town Board and may not be reduced during the term of office.

This ordinance shall be in full force and effect from and after the date of its Town Board passage Notice after passage per § 60.80 and also its referendum approval by the town electors as required by § 60.30(1e)(b).

 

Adopted this 11^h day of May, 2020.

Town of Dellona, Sauk County, Wisconsin.

 

 

___________________________________                         ____________________________________

Gerald Dallman, Chairperson                                                                  Attest: Lynn Eberl, Clerk

Ord ^N26 - Adoption of Commercial Bldg Inspection Designation

TOWN OF DELLONA, SAUK COUNTY, WISCONSIN

 

ADOPTION OF RESIDENTIAL AND COMMERCIAL BUILDING CODE

 

ORDINANCE NO. 26

 

 

The Board of Supervisors of the Town of Delona, Sauk County, Wisconsin, do ordain as follows:

 

Section 1 - Permit Required

No owner or contractor may commence construction of any building or mechanical system prior to obtaining a valid permit from the Municipal Building Inspector.

 

• The construction which shall require a building permit includes, but is not limited to:

 

1. New 1 & 2 family and Commercial building including agricultural buildings, detached structures (decks), and detached accessory buildings.
2. Additions increase the physical dimensions of a building including decks.
3. Alterations to the building structure, cost shall include market labor value, or alterations to the building’s heating, electrical, or plumbing systems.
4. Replacement of major building equipment including furnaces and central air conditioners, water heaters, and any other major piece of equipment shall require a permit except as noted in _____ below.
5. Any electrical wiring for new construction or remodeling excluding new wiring for existing industrial and manufacturing facilities that do not require State mandated building plan review.
6. Any HVAC for new construction or remodeling.
7. Any plumbing for new construction or remodeling.
8. Any new or re-wired electrical service, including services for agricultural buildings.

 

Section 2 - Adoption of State Codes

 

• The following Chapters of the Wisconsin Administrative Code, as well as all subsequent revisions, are adopted by the Municipality and shall be enforced by the Building Inspector.

 

Ch. SPS 302.31          Plan Review Fee Schedule

Ch. SPS 305               Credentials

Ch. SPS 316               Electrical Code

Chs. SPS 320-325      Uniform Dwelling Code

Ch. SPS 327               Campgrounds

Chs. SPS 361-366      Commercial Building Code

Chs. SPS 375-379      Buildings Constructed Prior to 1914

Chs. SPS 381-387      Uniform Plumbing Code

 

Section 3 - Certified Municipality Status

 

• Certified Municipality. The Town has adopted the Certified Municipality Status as described in SPS 361.60 of the Wisconsin Administrative Code.

 

1. The Town shall assume the following responsibilities for the Department of Safety and Professional Services (Department):

 

1. Provide inspection of commercial buildings with certified commercial building inspectors.
2. Provide plan examination of commercial buildings with certified commercial building inspectors.

 

1. Plan Examination. Drawings, specifications, and calculations for all the types of buildings and structures, except state-owned buildings and structures, to be constructed within the limits of the municipality shall be submitted, if the plans are for any of the following:

 

1. A new building or structure containing less than 50,000 cubic feet of total volume.
2. An addition to a building or structure where the area of the addition results in the entire building or structure containing less than 50,000 cubic feet of total volume.
3. An addition containing no more than 2,500 square fee of total floor area and no more than one floor level, provided the largest roof span does not exceed 18 feet and the exterior wall height does not exceed 12 feet.
4. An alteration of a space involving less than 100,000 cubic feet of total volume.
5. A certified municipality may waive its jurisdiction for the plan review of a specific project or types of projects, or components thereof, in which case plans and specifications shall be submitted to the Department for review and approval.
6. The Department may waive its jurisdiction for the plan review of a specific project, where agreed to by a certified municipality, in which case plans and specifications shall be submitted to the certified municipality for review and approval.

 

1. Plan Submission Procedures. All commercial buildings, structures, and alterations, including new buildings and additions less than 25,000 cubic feet, require plan submission as follows:

 

1. Building permit application
2. Application for review - SBD-118
   302. Fees per Table SPS 302.31-2 and SPS 302.31
   303. Fees apply to all commercial projects
3. Four sets of plans
   361. Signed and sealed per SPS 361.31
   362. One set of specifications
   363. Component and system plans
   364. Calculations showing code compliance

 

Section 4 - Building-HVAC-Electrical-Plumbing Inspector

 

• Creation and Appointment. There is hereby created the office of Building Inspector. The Building Inspector shall be appointed by the municipality. The Building Inspector shall be certified for inspection purposes by the Department in the required categories specific under SPS 305, Wisconsin Administrative Code.

 

• The Building Inspector may employ, assign, or appoint, as necessary, assistant inspectors. Any assistant hired to inspect buildings shall be certified as defined in SPS 305, Wisconsin Administrative Code by the Department.

 

• The Building Inspector shall administer and enforce all provisions of this ordinance.

 

• The Building Inspector or an authorized certified agent of the Building Inspector may, at all reasonable hours, enter upon any public or private premises for inspection purposes. The Building Inspector may require the production of the permit for any building, plumbing, electrical, or heat work. No person shall interfere with or refuse to permit access to any such premises to the Inspector or his/her agent while in the performance of his/her duties. In the event that the Inspector is refused access to any such premises, then the Inspector is authorized to apply for a special inspection warrant pursuant to Section 66.0119, Stats.

 

Section 5 - Violations and Penalties

 

• No person, entity, or firm may construct, remodel, demolish, or repair any building in a manner which violates any provision or provisions of this ordinance.

 

• Every person, firm, or entity which violates this code shall, upon conviction, forfeit not less than $25.00 nor more than $1,000.00 for each day of non-compliance, together with the costs of prosecution.

 

• Violations discovered by the Building Inspector shall be corrected within 30 days, or more if allowed by the Inspector, after written notice is given. Violations involving life safety issues shall be corrected in a reasonable time frame established by the Building Inspector.

 

• Compliance with the requirements of this ordinance is necessary to promote the safety, health, and well-being of the community and the owners, occupants, and frequenters of buildings. Therefore, violations of this ordinance shall constitute a public nuisance that may be enjoined in a civil action.

 

 

Adopted by the Town of Dellona on this 8th day of June, 2020.

 

 

 

___________________________________                         ____________________________________

Gerald Dallman, Chairperson                                                                  Attest: Lynn Eberl, Clerk

 

 

 

 

 

Ord ^N28-Conflict of Interest Ordinance

 

 

Town of Dellona

Sauk County, Wisconsin

Ordinance Number 27

An Ordinance Establishing a Code of Ethics

The Town of Dellona hereby ordains as follows:

1. Scope of Policy
   1. Purpose of Ordinance. This Conflict of Interest Ordinance establishes ethical standards for Town of Dellona  (“Town”) officials, and also governs ethical standards relating to Town contracts that must comply with federal law.
   2. If a federal statute, regulation, or the terms of a financial assistance agreement applicable to a particular form of Federal Financial Assistance conflicts with any provision of this ordinance, such federal statute, regulation, or terms of the financial assistance agreement shall govern.
2. Conflicts of Interest
   1. Conflicts of Interest Generally.
      19. Definitions. Except as otherwise specified, the terms used in this section shall have the same meaning as those defined by Wis. Stat. § 19.42.
      20. No public official shall do any of the following:
          1. Use his or her public position or office to obtain financial gain or anything of substantial value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is associated. This paragraph does not prohibit a local public official from using the title or prestige of his or her office to obtain campaign contributions that are permitted and reported as required by chapter 11 of the Wisconsin Statutes.
          2. Solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the person’s vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction. This paragraph does not prohibit a local public official from engaging in outside employment.
          3. Directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any committee registered under chapter 11 of the Wisconsin Statutes, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.
          4. Take any official action substantially affecting a matter in which the public official or a member of his or her immediate family or an organization with which the person is associated has a substantial financial interest.
          5. Use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the person, one or more members of the person’s immediate family either separately or together, or an organization with which the person is associated.
      21. Conflicts of Interest when Federal Law Applies. In contracts that require the Town to comply with federal procurement requirements, the following restrictions apply.
          1. Definitions. For purposes of this subsection, the following definitions shall apply.
             1. “Direct Benefit” means, with respect to a Public Official or employee of the Town, or the spouse of any such Public Official or employee, (i) having a ten percent (10%) ownership interest or other interest in a Contract or Subaward; (ii) deriving any income or commission directly from a Contract or Subaward; or (iii) acquiring property under a Contract or Subaward.
             2. “Federal Financial Assistance” means Federal financial assistance that the Town receives or administers in the form of grants, cooperative agreements, non-cash contributions or donations of property (including donated surplus property), direct appropriations, food commodities, and other Federal financial assistance (except that the term does not include loans, loan guarantees, interest subsidies, or insurance).
             3. “Immediate Family Member” means: (i) a spouse; (ii) a child or spouse of a child; (iii) a parent or spouse of a parent; (iv) a sibling or spouse of a sibling; (v) a grandparent or grandchild, or their spouse; (vi) domestic partners or their parents, including domestic partners of any individual in (ii) through (v) of this definition; and (vii) any individual related by blood or affinity whose close association with the person is the equivalent of a family relationship.
             4. “Involved in Making or Administering” means (i) with respect to a Public Official or employee, (a) overseeing the performance of a Contract or Subaward or having authority to make decisions regarding a Contract or Subaward or to interpret a Contract or Subaward, or (b) participating in the development of specifications or terms or in the preparation or award of a Contract or Subaward, (ii) only with respect to a Public Official, being a member of a board, commission, or other body of which the Public Official is a member that is taking action on the Contract or Subaward, whether or not the Public Official actually participates in that action.
             5. “Pass-Through Entity” means a non-Federal entity that provides a Subaward to a Subrecipient to carry out part of a Federal program.
             6. “Public Official” means an individual who is elected or appointed to serve or represent the Town (including, without limitation, any member of the Town Board), other than an employee or independent contractor of the Town.
             7. “Recipient” means an entity, usually but not limited to a non-Federal entity, that receives a Federal award directly from a Federal awarding agency. The term does not include Subrecipients or individuals that are beneficiaries of the award.
             8. “Related Party” means (i) an Immediate Family Member of a Public Official or employee, (ii) a partner of a Public official or employee, or (iii) a current or potential employer (other than the Town) of a Public official or employee, of a partner of a Public Official or employee, or of an Immediate Family Member of a Public Official or employee.
             9. “Subaward” means an award provided by a Pass-Through Entity to carry out part of a Federal award received by the Pass-Through Entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
             10. “Subcontract” means mean any agreement entered into by a Subcontractor to furnish supplies or services for the performance of a Contract or a Subcontract. It includes, but is not limited to, purchase orders and changes and modifications to purchase orders.
             11. “Subcontractor” means an entity that receives a Subcontract.
             12. “Subrecipient” means an entity, usually but not limited to a non-Federal entity, that receives a subaward from a Pass-Through Entity to carry out part of a Federal award, but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
          2. Prohibited Conflicts of Interest in Federal Contracts. Without limiting any specific prohibition set forth in Section II(a), elected officials, appointed officials, or employees shall not participate in the selection, award, or administration of a contract if the person has a real or apparent conflict of interest.
             1. Real Conflict of Interest. A real conflict of interest shall exist when the Public Official or employee or any Related Party has a financial or other interest in or a tangible personal benefit from a firm considered for a Contract or Subaward.
             2. Apparent Conflict of Interest. An apparent conflict of interest exists where a real conflict of interest may not exist, but where a reasonable person with knowledge of the relevant facts would find that an existing situation or relationship creates the appearance that an elected official, appointed official, or employee, or any Related Party has a financial or other interest in or a tangible personal benefit from a firm considered for a Contract or Subaward.
             3. Gift Standards. No elected official, appointed official, or employee shall solicit or accept gratuities, favors, or anything of monetary value from a Contractor or a Subcontractor.

• Violations of Policy
  1. Disciplinary Actions for Public Official or Employees. Any elected official, appointed official, or employee that fails to disclose a real, apparent, or potential real or apparent conflict of interest arising with respect to the person or the person’s Related Party may be subject to disciplinary action, including, but not limited to, an employee’s termination or suspension of employment with or without pay, the consideration or adoption of a resolution of censure, prosecution under this Ordinance, or termination of the contract with the Town.
  2. Penalties. Any violation of this Ordinance shall be punishable by a forfeiture not to exceed $500.
  3. Disciplinary Actions for Contractors and Subcontractors. The Town shall terminate any Contract with a Contractor or Subcontractor that violates any provision of this Ordinance.
  4. Protections for Whistleblowers. In accordance with 41 U.S.C. § 4712, the Town shall not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing information to a member of Congress or a representative of a committee of Congress; an Inspector General; the Government Accountability Office; a Treasury or other federal agency employee responsible for grant oversight or management; an authorized official of the Department of Justice or other law enforcement agency; a court or grand jury; a management official or other employee of the Town; or a Contractor or Subcontractor who has the responsibility to investigate, discover, or address misconduct that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant; a gross waste of federal funds; an abuse of authority relating to a federal contract or grant; a substantial and specific danger to public health or safety; or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

 

 

Adopted this 8^th day of August, 2022

 

 

________________________________              ____________________________   Gerald Dallman, Chairperson                                                          Dan Fleming, Supervisor

 

 

__________________________           _______________________

Dan Hess, Supervisor                                                                          Robert Giebel, Supervisor

 

 

 

________________________________________                      ____________________________________

Scott Witecha, Supervisor                                                                  Attest: Lynn Eberl, Clerk