1. General Government
2. Governing Body
3. Finance & Taxation
7. Traffic Code
8. Public Works
10. Public Nuisances
11. Health & Welfare
12. Licenses and Permits
14. Building Code
17. Zoning Code
18. Subdivisions
19. Recycling
20. Wetlands
21. Stormwater Management
25. Construction and Effect of Ordinances

CHAPTER 1

GENERAL GOVERNMENT
(Am. 8/15/05) (Am. 7/17/06)

GENERAL PROVISIONS AS TO OFFICIALS

1.01                 Elected Officials
1.02                 Appointed Officials
1.03                 Oaths and Bonds
1.04                 Removals
        1.05                 Vacancies
            1.06                 Salaries
            1.07                 Receipt of Gifts and Gratuities
            1.08                 Election Officials

OFFICIALS

           1.10                  Town Chairman and Supervisors
           1.11                  Assessor
           1.12                  Town Attorney
           1.13                  Clerk
           1.14                  Treasurer
           1.15                  Town Constable

BOARDS AND COMMISSIONS

           1.20                  Plan Commission

1.                  Board of Park Commissioners
2.                  Board of Review  (Cr. 7/2/01)

GENERAL GOVERNMENT 1.01

GENERAL PROVISIONS AS TO OFFICIALS

1.01  ELECTED OFFICIALS.   (Am. 12/6/04).

1. The Town Board of the Town of River Falls shall consist of five members;  The supervisors shall be designed Chairperson, Supervisor 1, Supervisor 2, Supervisor 3 and Supervisor 4.

1. Supervisors 1 and 2 and the Chairperson shall be elected in odd numbered years and supervisors 3 and 4 shall be elected in even numbered years.

1. A quorum of the Town Board shall consist of a majority of its members.

1.015 TOWN CONSTABLE. (Cr. 12/6/04).  There shall be two Town Constables.  The Constables shall be elected for two year terms in odd numbered years. 

   1.02  APPOINTED OFFICIALS.  (Am. 7/17/06).  The following Town officials shall be     appointed in the manner and for the term indicated:

                 Official                                 How Appointed                                    Term

         Animal Warden                              Town Board                                    Indefinite

         Assessor                                        Town Board                                    Indefinite

         Attorney                                         Town Board                                    Indefinite

         Building Inspector                           Town Board                                    Indefinite

         Chair Pro Tem                                Town Board                                    Until the current
                                                                                                                       chair is able to   
                                                                                                                       resume their                                        duties

         Driveway Permit Issuer                   Town Board                                    Indefinite
         (Cr. #2004-06)

         Zoning Administrator                      Town Board                                    Indefinite
         (Cr. #1990-4)                                                                                                                                                                                                                                                                                                              
                                          
1.03   OATHS AND BONDS.  Elected and appointed officials shall take and file the official oath within 5 days after notice of their election or appointment and shall execute and file the official bond as required by State Statutes and this General Code.

1.04   REMOVALS. (1) ELECTED OFFICIALS.  Elected officials may be removed by the Town Board as provided in §17.13(2), Wis.  Stats., or by the judge of the Circuit Court for cause pursuant to §17.13(3), Wis. Stats., or as provided by §17.16, Wis.  Stats.
                                                                                    GENERAL GOVERNMENT 1.04(2)

(2)   APPOINTED OFFICIALS.  Appointed officials may be removed as provided in S§17.13(l) and (3) and 17.16, Wis.  Stats.

1.05  VACANCIES. (1) HOW OCCURRING.  Vacancies in elective and appointive positions are caused as provided in S§17.03 and 17.035, Wis.  Stats.

(2)   HOW FILLED.  Vacancies in elective and appointive offices shall be filled as provided in §17.23, Wis.  Stats.

GENERAL GOVERNMENT  1.06

            1.06   SALARIES.   The Salaries of all elected and appointed officials, including members of boards and commissions, shall be as determined by the Town Board from time to time, provided the salary of the Chairman and members of the Board shall not be increased during their terms of office.  (See §66.196, Wis. Stats.)

            1.07   RECEIPT OF GIFTS AND GRATUITIES.   (1)  RESTRICTED.  No Town employee or official shall receive or offer to receive, either directly or indirectly, any gift, gratuity or other thing of value which he is not authorized to receive from any person who:

            (a)   Has or is seeking to obtain contractual or other business or financial relationships with the Town or Town Board.

            (b)   Conducts operations or activities which are regulated by the Town or Town Board; or

            (c)   Has interests which may be substantially affected by the Town or Town Board.

            (2)   PENALTY.   The receipt of any gift, gratuity or other thing of value as denoted above is contrary to the public policy of the Town and is punishable as provided in §946.12, Wis. Stats.  Such conduct shall also be punishable under §25.04 of this General Code.

            1.08   ELECTION OFFICIALS.   (Cr. 11/7/94)  (1) Election officials shall be appointed as provided in §7.30 Wis. Stats.

1. The Town Board may select alternate officials, or select two sets of officials to work at different times on election day.

                                                                                    GENERAL GOVERNMENT 1.10

1.10  TOWN CHAIRMAN AND SUPERVISORS. (1) ELECTION AND TERM.  See §1.01 of this chapter.

(2)  AUTHORITY. The Town Board shall have all powers of the Town not specifically given to some other body or officer.  Except as otherwise provided by law, the Town Board has power over property, finances, highways, streets, utilities and the public service; may act for the government and good order of the Town, for its commercial benefit and for the health, safety, welfare and convenience of the public; and may carry its powers into effect by license, regulations, suppression, borrowing, taxation, special assessment, appropriation, imposition of forfeitures and other necessary or convenient means.  The Town Board may appoint such officials from time to time as may be deemed necessary for the benefit of the community.  In addition, the Board shall have the powers enumerated in §60.22, Wis.  Stats., and may exercise the powers enumerated in §60.23, Wis.  Stats.  The powers hereby conferred shall be in addition to all other grants and shall be limited only by express language.

(3)   OTHER PROVISIONS.  See also Chapter 2 of this General Code.

1.11   ASSESSOR. (1) APPOINTMENT AND TERM.  See §1.02.

(2)   POWERS AND DUTIES. (a) Applicable Statute.  See §60.307, Wis.  Stats.

(b)   Other Duties Prescribed by Law.  He shall perform such other duties as shall be prescribed by State law, supervisory personnel of the State Department of Revenue and the Town Board, including attendance at all meetings of the Board of Review.

1.12   TOWN ATTORNEY. (1) APPOINTMENT AND TERM.  See §1.02 of this chapter.

(2)   POWERS AND DUTIES.  The Town Attorney shall perform such duties as directed by the Town Board.

1.13   CLERK. (1) ELECTION AND TERM.  See §1.01 of this chapter.

GENERAL GOVERMEMT    1.13(2)

 (2)         POWERS AND DUTIES.  The Town Clerk shall have such powers and perform such duties as prescribed by State law and directed by the Town Board.  See §60.33, Wis.  Stats.

(3) PAYMENT OF ROUTINE BILLS. (Cr. 12/3/01) The Town Clerk is hereby authorized to pay employee wages, payroll withholding and health insurance, utility bills and other bills of routine nature without prior Board approval. All such bills so paid will be reviewed by the Board at its next regular meeting.

    1.14    TREASURER.  The Town Treasurer shall have such powers and perform such duties as prescribed by State law and directed by the Town Board.  See §60.34, Wis.  Stats. It shall be the duty of the Treasurer to keep, or cause to be kept, accurate and detailed records of the licensing of dogs in the Town of River Falls and to serve as the municipal dog listing official, pursuant to §§174.06(2) and 174.065(1), Wis. Stats. (Am. 9/9/98)

1.15   TOWN CONSTABLE. (1) STATUTORY AUTHORITY.  Pursuant to §60.22(4) and §60.35, Wis.  Stats. , the Town Board hereby establishes the jurisdiction and duties of the Town Constable as described herein.

(2)   JURISDICTION AND DUTIES.  The Town Constable shall:

(a)   Keep and preserve the peace within the Town and shall have the full peace shall have the full peace powers to arrest and apprehend any person for felony or breach of peace pursuant to §59.24, Wis. Stats., and for purposes of carrying out such duties shall be considered a peace officer as defined in §939.22(22), Wis.  Stats.

            (b)   Suppress unlawful assemblies within the Town pursuant to §947.06, Wis.  Stats.

 (c)    Direct and regulate traffic and make arrests for violation of traffic crimes and
regulations of Chapters 194 and 341 to 349, Wis.  Stats., and for purposes of carrying out such duties shall be considered a traffic officer as defined in §340.01(70), Wis.  Stats.

    (d)   Serve within this county any writ, process, order or notice and execute any order, warrant or execution lawfully directed to or required to be executed by him by any court or officer.

    (e)   Attend upon the sessions of the Circuit Court in this county when required by the sheriff.

1. Inform the District Attorney of all trespasses on public lands of which he has knowledge and information.

GENERAL GOVERNMENT    1.15(2)(g)

(g)   Impound cattle, horses, sheep, swine and other animals at large on the highways in violation of any published order or ordinance adopted by the Town Board                       

    (h)   Cause to be prosecuted all violations of law of which he has knowledge or information.

    (i)   Perform all other duties required by any law.

  (j)   Act on behalf of the Town Board as directed to:

    1.   See that Town orders and ordinances are obeyed.

    2.   See that peace and order are maintained in the Town.

    3.  Obtain necessary assistance, if available, in case of emergency, except as provided under Chapter 166, Wis.  Stats., for emergency government.

   (3)   ORDER TO ACT AND COMPENSATION.  Constables must be requested by Town or county officials to act.

   (4)   NONEXCLUSIVITY.  (a)  Other Ordinance.  Adoption of this section does not preclude the Town Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matters.

   (b)   Other Remedies.  The jurisdiction and duties of the Town Constable as stated herein shall not preclude the Town Board or any other Town officer from proceeding under any ordinance or law or any other enforcement method to enforce any ordinance, regulation or order.

GENERAL GOVERNMENT 1.20

1.20   PLAN COMMISSION (1) PURPOSE.  This section creates a Town Plan Commission under §§60.10(2)(c), 60.22(3), 61.35 and 62.23, Wis.  Stats., and the Town Board hereby does create a Town Plan Commission.

(2)   HOW CONSTITUTED.  The Plan Commission shall consist of the Town Board Chairman, who shall be its presiding officer, a supervisor and 5 citizens.  Citizen members shall be persons of recognized experience and qualifications.  The supervisor member shall be elected by a 2/3 vote of the Town Board each April.  Citizen members shall be appointed by the Town Board Chairman for 3 year terms commencing in May of the year of appointment, with Town Board approval for the Town Board Chairman's appointments.

(3)        VACANCIES.  Vacancies other than ex officio shall be filed by appointment for the unexpired term in the same manner as original appointments.

(4)   ORGANIZATION.  The Plan Commission shall elect a vice chairman and a secretary, hired or elected, shall keep records of its proceedings to include all actions taken and a copy shall be filed with the Town Clerk.  All actions shall require the affirmative vote of a majority of the members of the Commission.

(5)  RULES.  The Plan Commission is authorized to adopt rules governing its own proceedings.

(6)   POWERS AND DUTIES.  The Plan Commission shall have such powers and duties as a provided in §62.23, Wis.  Stats., and such other powers and duties as the Town Board may prescribe from time to time.  It shall be a function of the Plan Commission to report its findings concerning subjects under its jurisdiction to the Town Board.

(7)   MEETINGS. (Am. #1994-9; Am 8/15/05) If there is business to conduct, the Plan Commission shall meet at the Town Hall, on the 1st and 3rd Monday of each month, at an hour that is earlier than the Town Board meeting.   From time to time, the Town Board Chairman may call additional meetings of the Plan Commission to discuss items.  The Town Board shall retain oversight for building permit applications relating to nonresidential buildings such as churches, schools, lodges and all light industrial, commercial and ETZ permits.

GENERAL GOVERNMENT  1.21

1.21  Park and Recreation Committee.  (Cr. 10/16/95) (Am. 8/20/07) (1)  A Park and Recreation Committee is hereby established.

                (2)  The Park and Recreation Committee shall have those duties set forth in Sec. 11.05 and as otherwise directed by the Town Board.

                (3)  The Park and Recreation Committee shall consist of five members, one of which shall be a Town Board Member, and the other four of which may be citizen members. Members shall be appointed by the Town Chair for 3 year staggered terms commencing in May of the year of appointment.

            1.22  BOARD OF REVIEW.  (Cr. 7/2/01)  (1) ALTERNATES. Pursuant to §§70.47(6m(c) and 70.46(1), Wis. Stats., the Town Board may from time to time appoint by resolution alternates to serve on the Board of Review in the event a standing member of the Board of Review is removed or unable to serve. Alternates appointed shall serve in the order specified in the resolution naming said alternates.

(2)  CONFIDENTIALITY. (a)  §70.47(7) Wis. Stats. is hereby adopted by reference. Income and expense information furnished to an assessor by a property owner for the purpose of establishing valuation of property for assessment purposes by the income method of valuation shall be confidential and shall not be a public record open to inspection or copying under §19.35(1) Wis. Stats. 

(b) Exceptions to Nondisclosure. An assessor or other officer having possession of such information may make disclosure of same under the following circumstances:

1.  The assessor has access to such information in the performance if his/her duties;

            2.  The Board of Review may review such information when needed, in its opinion, to review a contested assessment;

            3.    Another person or body has the right to review such information due to the intimate relationship to the duties of an office or as set by law;

4.  The assessor or officer is compiling with a Court Order;

            5.  The person providing the income and expense information has contested the assessment level at either the Board of Review or by filing a claim for excessive assessment under §74.37, Wis. Stats., in which case the base records are open and public.

CHAPTER 2

CHAPTER 2

THE GOVERNING BODY

                        2.01     The Town Board
                        2.02     Meetings
                        2.03     Order of Business
                        2.04     Presiding Officer
                        2.05     Quorum
                        2.06     Ordinances, Resolutions and Committee Reports
                        2.07     Conduct of Deliberations
                        2.08     Appropriations and Accounts
                        2.09     Reconsideration of Question
                        2.10     Publication and Effect of Ordinances
                        2.11     Amendment of Rules
                        2.12     Suspension of Rules

1. Communications.

  (8)  Claims.

CHAPTER 3

FINANCE AND TAXATION

3.01 Preparation of Tax Roll and Tax Receipts
3.02 Fiscal Year
3.03 Budget
3.04 Changes in Budget
3.05 Town Funds to be Spent in Accordance With Appropriations
3.06 Claims Procedure
3.07 Public Records
3.08 Temporary Investment of Funds Not Immediately Needed
3.09 Duplicate Treasurer's Bond
3.10 Fire Protection Charges

FINANCE AND TAXATION 3.01

3.01 PREPARATION OF TAX ROLL AND TAX RECEIPTS. (1) TAX ROLL. Under §70.65(2), Wis. Stats., the Clerk shall insert only the aggregate amount of State, county, local, school and other general property taxes minus credits applied under §79.10 (9), Wis. Stats., except credits determined under §79.10 (7m), Wis. Stats., shall be carried in a single column opposite the name of the person against whom the tax Is levied. Each tax bill or receipt shall show the purpose for which the taxes are to be used, giving the breakdown for State, county, local, school and other general property taxes. The tax roll shall indicate all corrections made under §§70.43 and 70.44, Wis. Stats.

(2) TAX RECEIPTS. Under §74.08(l), Wis. Stats., the Treasurer shall enter in each receipt given by the county clerk for the payment of taxes the name of the person paying the taxes if that person is not the owner of the property taxed, the date of payment and the aggregate amount of taxes paid.

3.02 FISCAL YEAR. The calendar year shall be the fiscal year.

3.03 BUDGET. (1) PREPARATION OF PROPOSED BUDGET. (a) Town Board to Prepare. The Town Board with the assistance of the Clerk shall annually prepare a proposed budget presenting a financial plan for conducting the affairs of the Town for the coming fiscal year.

(b) Information Required. The budget shall include the following information:

1. The expense of conducting each department and activity of the Town for the coming fiscal year and corresponding items for the current year and last preceding fiscal year, with reasons for increase and decrease recommended as compared with appropriations for the current year.

2. An itemization of all anticipated income of the Town from sources other than general property taxes and bonds issued, with a statement comparing the amounts received by the Town from each of the same or similar sources for the last preceding and current fiscal year.

3. An itemization of the amount of money to be raised from general property taxes which, with income from other sources, will be necessary to meet the proposed expenditures.

FINANCE AND TAXATION 3.03(l)(b)4.

4. Such other information as may be required by the Board and by State law.

(c) Copies Required. The Town shall provide a reasonable number of copies of the budget thus prepared for distribution to citizens.

(2) HEARING. The Board shall hold a public hearing on the budget as required by law.

(3) ACTION BY BOARD. Following the public hearing, the proposed budget may be changed or amended and shall take the same course in the Board as ordinances.

3.04 CHANGES IN BUDGET. (1) The amount of the tax to be levied or certified, the amounts of the various appropriations and the purposes thereof, shall not be changed after approval of the budget except by a 2/3 vote of all the members of the Town Board. Notice of such change shall be given by publication within 15 days thereafter in a newspaper determined from time to time by the Town Board as one likely to give notice in the area.

(2) After the budget is adopted, the electors of the Town at a regular or special meeting shall set the tax rate of the Town as provided in §60.10(1)(a), Wis. Stats., except if such authority has been delegated to the Town Board as provided in §60.10(2)(a), Wis. Stats.

3.05 TOWN FUNDS TO BE SPENT IN ACCORDANCE WITH APPRO-PRIATIONS. No money shall be drawn from the Town treasury nor shall any obligation for the expenditure of money be .incurred, except in pursuance of the annual appropriation in the adopted budget or when changed as authorized by §3.04. At the close of each fiscal year, any unencumbered balance of an appropriation shall revert to the general fund and shall be subject to reappropriation, but appropriations may be made by the Board to be paid out of the income of the current year for improvements or other objects or works which will not be completed within such year and any such appropriation shall continue in force until the purpose for which it was made has been accomplished or abandoned.

3.06 CLAIMS PROCEDURE. (1) Claims for money against the Town or against officers, officials, agents or employees of the Town arising out of acts done in their official capacity shall be filed with the Town Clerk as provided under §893.80 (1)(b), Wis. Stats.

FINANCE AND TAXATION 3.06(2)

(2) The Town Board shall allow or disallow the claim. Notice of disallowance shall be made as provided under §893.80(l)(b), Wis. Stats.

3.07 PUBLIC RECORDS. (1) DEFINITIONS. (a) Authority. Any of the following Town entities having custody of a Town record: an office, elected or appointed official, agency, board, commission, committee, town board, department or public body corporate and politic created by constitution, law, ordinance, rule or order; or a formally constituted sub-unit of the foregoing.

(b) Custodian. That officer, department head, division head or employee of the Town designated under sub. (3) or otherwise responsible by law to keep and preserve any Town records or file, deposit or keep such records in his office or who is lawfully in possession or entitled to possession of such public records and is required by this section to respond to requests for access to such records.

(c) Record. Any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. Record includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes) and computer printouts. Record does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale or which are available for inspection at a public library.

(2) DUTY TO MAINTAIN RECORDS. (a) Except as provided under sub. (7), each officer and employee of the Town shall safely keep and preserve all records received from his predecessor or other persons and required by law to be filed, deposited or kept in his office or which are in the lawful possession or control of the officer or employee or his deputies, or to the possession or control of which he or they may be lawfully entitled as such officers or employees.

FINANCE AND TAXATION 3.07(2)(b)

(b) Upon the expiration of an officer's term of office or an employee's term of employment or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his successor all records then in his custody and the successor shall receipt therefor to the officer or employee who shall file such receipt with the Town Clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the Clerk on behalf of the successor to be delivered to such successor upon the latter's receipt.

(3) LEGAL CUSTODIANS. (a) Each elected or appointed official is the legal custodian of his records and the records of his office, but the official may designate an employee of his staff to act as the legal custodian.

(b) Unless otherwise prohibited by law, the Town Clerk or the Clerk's designee shall act as legal custodian for the Town Board and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Town Board and of the records of the Town Treasurer and law enforcement personnel.

(c) Each legal custodian shall name a person to act as legal custodian in his absence or the absence of his designee.

(d) The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under §19 Subch. II, Wis. Stats., and this section. The designation of a legal custodian does not affect the powers and duties of an authority under this section.

(4) PUBLIC ACCESS TO RECORDS. (a) Except as provided in section (6), any person has a right to inspect a record and to make or receive a copy of any record as provided in §19.35(1), Wis. Stats.

(b) Records will be available for inspection and copying upon at least 48 hours advance notice of intent to inspect or copy.

(c) A requester shall be permitted to use facilities comparable to those available to Town employees to inspect, copy or abstract a record.

FINANCE AND TAXATION 3.07(4)(d)

(d) The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.

(e) A requester shall be charged a fee to defray the cost of locating and copying records as follows:

1. The cost of photocopying shall be as is established from time to time by resolution of the Town Board. Such costs shall be calculated in a manner which does not exceed the actual, necessary and direct cost of reproduction, which costs shall include cost of paper, ink, depreciation, service contract charge and the like with respect to the copier machine used to produce the copies. (Am. 10/2/00)

2. If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.

3. The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audio tapes or videotapes, shall be charged.

4. If mailing or shipping is necessary, the actual cost thereof shall also be charged.

5. There shall be no charge for locating a record unless the actual cost therefor, exceeds such sum as is from time to time established by resolution of the Town Board, in which case the actual cost shall be determined by the legal custodian and billed to the requester. (Am. 10/2/00)

6. The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment if such estimate exceeds such sum as is established from time to time by resolution of the Town Board. The cash deposit amount shall be in the amount of the total estimated cost. The requester shall be liable for any costs and fees in excess of such estimate. (Am. 10/2/00)

7. Elected and appointed officials of the Town shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.

8. The legal custodian may provide copies of a record without charge or at a reduced charge where he determines that waiver or reduction of the fee is in the public interest.

FINANCE AND TAXATION 3.07(4)(f)

(f) Pursuant to §19.34, Wis. Stats., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices for the guidance of the public a notice containing a description of its organization and the established times and places at which, the legal custodian from whom and the methods whereby the public may obtain information and access to records in its custody, make requests for records or obtain copies of records and the costs thereof. Each authority shall also prominently display at his office for the guidance of the public a copy of this section.

(5) ACCESS PROCEDURES. (a) A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under §19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under section (4)(e)6. A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal laws or regulations so require.

(b) Each custodian, upon request for any record shall as soon as practicable and without delay either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefor. If the legal custodian, after conferring with the Town Attorney, determines that a written request is so general as to be unduly time consuming, the party making the request may first be required to itemize his request in a manner which would permit reasonable compliance.

(c) A request for a record may be denied as provided in section (6). If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons denying the request is made by the requester within five (5) business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under §19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.

FINANCE AND TAXATION 3.07(6)

(6) LIMITATIONS ON RIGHT TO ACCESS. (a) As provided by §19.36, Wis. Stats. , the following records are exempt from inspection under this section:

1. Records specifically exempted from disclosure by State or federal law or authorized to be exempted from disclosure by State law.

2. Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the State.

3. Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection.

4. A record or any portion of a record containing information qualifying as a common law trade secret.

(b) As provided by §43.30, Wis. Stats., public library circulation records are exempt from inspection under this section.

(c) In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the Town Attorney, may deny the request in whole or in part only if he determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include, but are not limited to, the following:

1. Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.

2. Records of current deliberations after a quasijudicial hearing.

3. Records of current deliberations relating to the employment, dismissal, demotion, compensation, performance or discipline of any Town officer or employee or the investigation of charges against a Town officer or employee, unless such officer or employee consents to such disclosure.

FINANCE AND TAXATION 3.07(6)(c)4.

4. Records concerning current strategy for crime detection or prevention.

5. Records of current deliberations or negotiations on the purchase of Town property, investing of Town funds or other Town business whenever competitive or bargaining reasons require nondisclosure.

6. Financial, medical, social or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history or data.

7. Communications between legal counsel for the Town and any officer, agent or employee of the Town, when advice is being rendered concerning strategy with respect to current litigation in which the Town or any of its officers, agents or employees is or is likely to become involved or communications which are privileged under §905.03, Wis. Stats.

(d) If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and delete the information that may not from the record before release. The custodian shall confer with the Town Attorney prior to releasing any such record and shall follow the guidance of the Town Attorney when separating out the exempt material. If, in the judgment of the custodian and the Town Attorney, there is no feasible way to separate the exempt material from the nonexempt without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure.

(7) DESTRUCTION OF RECORDS. (a)  Financial Records.  The Town of River Falls Treasurer and Clerk, pursuant to §19.21(4) Wis. Stats., may destroy not less than seven (7) years following date of their receipt or issuance by the Town the following financial non-utility records of which they are the legal custodians and that are considered obsolete:

1. Bank statements, deposit books, slips and stubs;
2. Bonds and coupons after maturity;
3. Canceled checks, duplicates and check stubs;
4. License and permit applications, stubs and duplicates;
5. Official bonds;
6. Payrolls and other time and employment records of personnel included under the Wisconsin Retirement System;
7. Receipt forms;
8. Special assessment records;
9. Vouchers, requisitions, purchase orders and all other supporting documents pertaining thereto.

1. Other Records.  The Town of River Falls Chair, Treasurer and/or

Clerk, pursuant to §19.21(4), Wis. Stats., may destroy not less than seven (7) years following date of their receipt or issuance by the Town the following records of which they are the legal custodians and that are considered obsolete:

1. Assessment rolls and related records, including Board of Review minutes;
2. Contracts and papers relating thereto;
3. Correspondence and communications, including email communications;
4. Election notices;
5. Financial reports other than annual financial reports;
6. Insurance policies;
7. Oaths of Office;
8. Reports of Boards, commissions, committees and officials duplicated in the official council minutes;
9. Resolutions and petitions;
10. Voter registration cards;
11. Uniform traffic citations;
12. Village ordinance citations;
13. Other records of the Village not enumerated above.

(c)  Building Inspector Records.  The Building Inspector, pursuant to §19.21(5), Wis. Stats., may destroy the following records of which he/she is the legal custodian and are considered obsolete:  house plans, site plans, email communications, letters and other correspondence, and records pertaining to site inspections.  The Building Inspector shall not destroy any permits issued in connection with the building inspection process.  These records may not be destroyed less than seven (7) years following the date of their receipt by the Building Inspector.

(d)  Historical Society Notification.  Prior to the destruction of any public record described in Subsec. (a), (b) or (c) above at least sixty (60) days notice in writing shall be given the State Historical Society of Wisconsin.”

FINANCE AND TAXATION 3.07(7)(e)

(e) Any tape recordings of a governmental meeting of the Town may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting.

(8) PRESERVATION THROUGH MICROFILM. Any Town officer or the director of any department or division of Town government may, subject to the approval of the Town Board, keep and preserve public records in his possession by means of microfilm or other photographic reproduction method or record stored in optical disk or electronic format. Such records shall meet the standards for photographic reproduction set forth in §16.61(7)(a) and (b), Wis. Stats., and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of State law and of sections (4) through (6) of this Code.

(9) NOTICE OF PROCEDURE FOR INSPECTION OF TOWN RECORDS. The Town Clerk shall give public notice of the location and hours Town records are available.

3.08 TEMPORARY INVESTMENT OF FUNDS NOT IMMEDIATELY NEEDED. The Treasurer may invest any Town funds not immediately needed, pursuant to §66-04(2), Wis. Stats.

3.09 DUPLICATE TREASURER'S BOND. (1) ELIMINATED. The Town elects not to give the bond on the Treasurer provided for by §70.67(l), Wis. Stats.

(2) TOWN LIABLE FOR DEFAULT OF TREASURER. Pursuant to §70.67(2), Wis. Stats., the Town shall pay, if the Treasurer fails to do so, all State and county taxes required by law to be paid by the Treasurer to the county treasurer.

3.10 FIRE PROTECTION CHARGES. (Cr. #1989-2) (1) STATE AUTHORITY. Pursuant to §§60.55, 60.555 and 60.557, Wis. Stats., the Town hereby establishes the following policy and procedure for the payment of fire costs incurred by the Town.

(2) LIABILITY FOR FIRE PROTECTION COSTS. The property owners of real estate within the Town for which fire protection is provided shall be responsible for the costs of the fire calls made to their property as reflected by the current charge of the River Falls Fire Department as billed to the Town by the River Falls Rural Fire Association.

FINANCE AND TAXATION 3.10(3)

(3) LIABILITY FOR FIRE CALLS FROM FIRE DEPARTMENTS OTHER THAN RIVER FALLS FIRE DEPARTMENT. Any property owner requesting fire protection directly from any fire department other than listed in section (2) shall be responsible for the full costs billed to the Town from the fire call from any authorized fire department. This subsection shall not apply to the costs of any other department responding to the request of an authorized department under mutual aid.

(4) BILLING AND PAYMENT PROCEDURE. The cost of fire calls as outlined above shall be billed by the Town Treasurer to the property owner and paid to the Town Treasurer within sixty (60) days of the date of the bill. A written appeal must be made to the Town Board within thirty (30) days of receipt of bill. The failure to pay the bill within sixty (60) days will result in interest being charged at the rate of 1½% per month from the date of the bill. Those bills outstanding, including interest, for more than 90 days as of November 1 of any year shall become a lien against the real estate for which fire protection was provided and shall be placed on the tax roll as a delinquent special charge pursuant to §66.60, Wis. Stats.

CHAPTER 7

TRAFFIC CODE

7.01 General Provisions (Am. 2/5/01)
7.02 Snowmobiles
7.03 Official Traffic Signs and Signals
7.05 Penalty

TRAFFIC CODE 7.01

7.01 PARKING (Am. 2/5/02) (1) GENERAL PROVISIONS. No person shall stop or leave any vehicle standing upon any portion of a highway where and at the time when parking is prohibited, limited or restricted by an official traffic sign, except temporarily for the purpose of and while actually engaged in loading or unloading or in receiving or discharging passengers and while the vehicle is attended by a licensed operator so that it may promptly be moved in case of an emergency or to avoid obstruction of traffic.

(2) NO PARKING AREAS. No parking will be allowed on any portion of Town road which has been designated by the Town Board and marked with appropriate signs as a no parking area.

(3) EXCEPTION. In the event that a resident is hosting a gathering at his/her residence where many guests are expected he/she may request from any Town Board member written permits (at no cost) to allow parking in no parking areas.

(4) SNOW SEASON PARKING. No person shall park or leave standing any motor vehicle on any street, road or highway right-of-way in the Town from November 15th of any year through April 1st of the following year, except by permit of the Town Board.

(5) PENALTY. Except as otherwise provided any person found to be in violation of any provision of this Chapter shall be subject to a penalty as provided in §25.04 of this General Code. Further, any vehicle found in violation of this section shall be towed by the Town at the owner's expense. The cost of towing and impoundment charges shall be first paid before release of the vehicle to the owner. Any vehicle impounded which has not been lawfully claimed shall be disposed of in accordance with §342.40, Wis. Stats.

7.02 SNOWMOBILES. (1) STATE SNOWMOBILE LAWS ADOPTED. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made part of this section as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this section.

350.01 Definitions
350.02 Operation of Snowmobiles on or in Vicinity of Highway
350.03 Right-of-Way
350.04 Snowmobile Races, Derbies and Routes
350.045 Public Utility Exemption
350.047 Local Ordinance to be Filed
350.05 Operation by Youthful Operators Established
TRAFFIC CODE 7.02(2)

350.055 Safety Certification Program Established
350.06 Firearms and Bows
350.07 Driving Animals
350.08 Owner Permitting Operation
350.09 Head Lamps, Tail Lamps and Brakes
350.10 Miscellaneous Provisions for Snowmobile Operation
350.12 Registration of Snowmobiles
350.13 Uniform Trail Signs and Standards
350.15 Accidents and Accident Reports
350.17 Enforcement
350.18 Local Ordinances
350.19 Liability of Landowners

(2) APPLICABILITY OF RULES OF THE ROAD TO SNOWMOBILES. The operator of a snowmobile upon a roadway shall, in addition to the provisions of Ch. 350, be subject to §§346.04, 346.06, 346.11, 346.14(l), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(l)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(l) and 346.94(l), (6), (6m) and (9), Wis. Stats.

TRAFFIC CODE 7.02(3)

(3) PERMITTING OPERATION BY IMPROPER PERSONS PROHIBITED. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under State law to operate such snowmobile or who is under the influence of an intoxicant or a dangerous or narcotic drug.

(4) OPERATION WHILE UNDER INFLUENCE PROHIBITED. Sec. 346.63, Wis. Stats., shall apply to the operation of a snowmobile anywhere within the Town.

(5) WRITTEN CONSENT OF OWNER REQUIRED. The consent required under §350.10(6), (11), (12) and (13), Wis. Stats., shall be written consent, dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each shall be obtained.

7.03 OFFICIAL TRAFFIC SIGNS AND SIGNALS. (1) TOWN BOARD RESPONSIBLE. The Town Board shall procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation giving notice of the provisions of this chapter as required by State law. Signs shall be erected in such locations and in such manner as the Town Board determines will best effect the purposes of this chapter and give adequate warning to users of the streets and highways.

(2) REMOVAL OF UNOFFICIAL SIGNS AND SIGNALS. The Town Board shall have the authority granted by §349.09, Wis. Stats., and shall order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this chapter or §346.41, Wis. Stats. Any charge imposed on any premises for removal of an illegal sign, signal or device shall be reported to the Town Board at its next regular meeting for review and certification.

7.05 PENALTY. Except as otherwise provided, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in §25.04 of this General Code.

CHAPTER 8

CHAPTER 8

PUBLIC WORKS
(Am. 10/4/04; 6/6/05)

            8.01                 Definitions
            8.02                 Private Driveways
            8.03                 Private Roads
            8.04                 Public Roads (Road Construction Standards)
            8.05                 Utility Accommodation (Cr. 6/5/00) (Interpretation & Purposes)
            8.06                 Access to Town Roads from Adjoining Cities or Towns
8.10                 Penalty  

PUBLIC WORKS 8.01

PRIVATE LINES. Facilities which convey or transmit commodities as defined by utility (see “Utility Lines”), but are owned and operated by an individual(s) or non-utility business.

PRIVATE ROAD. An access that provides ingress or egress to a public road serving two (2) but no more than five (5) private residences. If more than five (5) dwellings are proposed using one common access road, Town Road Standards (§8.04) must be followed.

PUBLIC ROAD. (Am. 6/6/05) A road serving more than five (5) residences that shall conform to standards established in §8.04 and all those roads, established prior to July 1, 2002 that qualify for State Highway Aids.

            REMODELED OR ALTERED.Only changes made to a building which increase          the value of such building by more than one third.

            RESPONSIBLE PERSON. A person having control over a utility project that is not administered by the town.

RIGHT-OF-WAY. A general term denoting acquired interests or rights in land (either all or partial) that are necessary to build, maintain, and operate a highway facility.  It is not just a fee interest or a permanent highway interest but encompasses all necessary rights of both a permanent and temporary nature.

            SURFACE.  The top of the roadway, or traveled surface.

TOWN. Town of River Falls.

TRAVELED WAY. The portion of the roadway for the movement of vehicles which includes auxiliary lanes land ramps but excludes the shoulders. The traveled way usually lies between the edge line striping.
           
UTILITY. Any corporation, company, individual or association, including their lessees, trustees, assigns, or receivers, or any sanitary district, cooperative association, town, village or city that owns, operates, manages or controls any plant for fixed equipment within Pierce County for a transmission of communications or the conveyance, production, storage, transmission, sale, delivery or furnishing of electrical power, light, heat, fuel, gas, oil, petroleum products, water, steam, fluids, sewerage, drainage, irrigation, or similar facilities.  This definition also includes the owners or operators of cable television systems, publicly owned fire or police signal systems, traffic and street lighting facilities or privately owned facilities which perform any of the utility functions above.

 PUBLIC WORKS 8.01

UTILITY OPERATION. Any activity by a utility to assure the function of an existing utility for its intended purpose.
 
8.02  REGULATING PRIVATE DRIVEWAYS. (Am. 5/16/88) (1) PERMIT REQUIRED.  No access road or driveway providing ingress or egress to a Town road shall be hereafter constructed, altered or removed without first obtaining a permit from the Town driveway permit issuer.

            (2)  MINIMUM STANDARDS FOR CONSTRUCTION.  Prior to the granting of the permit, the applicant shall submit plans for construction which satisfy the following minimum standards:

            (a)  Design. 1. The access road shall be so designed as to avoid an unreasonable interference with the natural flow of water.  The first 20 feet of the access road from the edge of the highway shall be near level but slightly lower than the highway in order to assure that water from the access road does not run on to the traveled portion of the highway.  Flooding of the surface of the Town road in any manner shall create a presumption of unreasonable interference.

            2.  (Cr. 7/17/95)(Am. 9/3/96) Access roads shall have a minimum of 5” of crushed rock and shall be placed no closer than 10’ from the lot line, as measured from the lot line to the nearest edge of the ditch or of the shoulder, whichever is nearest.

            3.  Access road slope shall be no greater that 10% unless documentation is obtained from design engineers or the fire department and ambulance service, stating that the slope will not affect public or private safety in providing emergency services.

            (b)  Intersection.  The access road shall intersect with the Town road at right angle.

            (c)  Culvert. (Am. #1992-2) Culvert must be adequate for drainage.  Any culvert shall be installed at the same grade as preexists such installation and have a minimum diameter of 12”.

            (d)  Side-to -Side Clearance.  (Am. #1992-1)  All access roads shall have a minimum side-to-side width clearance of 20 feet, a minimum road base width of 16 feet and a minimum driving surface width of 12 feet.  Such roads shall be constructed so as to sustain a minimum weight load of 25 tons.

            (e)  Driveway Access.  Driveway access shall be at least 100 feet from any intersection.

PUBLIC WORKS 8.02 (2)(f)

            (f)  Subdivision Access.  (Am. #1992-2) With regard to access roads providing ingress or egress from a Town road to a subdivision, speed limit being posted at 35 mph or less (both subdivision and Town road), the access road shall be located so as to provide a sight distance of 250 feet in any direction along the Town road being intersected, not
veering from road surface.  Sight distance is computed with observer at height of 3.75 feet and object seen at height of 6 inches.  For purpose of this section, the word “subdivision” shall be given the meaning set forth in §235.02(8), Wis. Stats.  In all other cases, the access road shall be located so as to provide a sight distance of 350’ in any direction along the Town road being intersected, not veering from road surface.  Sight distance in those cases shall be computed with observer at a height of 3.75 feet and object seen at height of 6 inches.

            (g)  Access Roads and Driveways Over Bridges and Culverts.  (Cr. #1992-1)  1.  25-year Flood Requirements.  Access roads and driveways over bridges or culverts must be constructed, erected and maintained as specified by the Town permit issuer. The permit issuer may require, depending on areas to be drained or site conditions, that the bridge, culvert, or access road comply with engineering specifications sufficient to sustain and carry a weight load of not less than 25 tons and must have the ability to withstand water from a 25-year flood.  Pierce County Highway Department and U.S. ASCS Standards shall govern in determining if the “25-year flood” requirement has been complied with.  Bridges, as well as culverts with a diameter greater than 30”, shall be inspected every 5 years, beginning on that date 5 years from the date of the initial grant or permit, and in addition shall be inspected after any 25-year flood, for the purpose of insuring compliance with this section.  Any such inspection shall be initiated by the Town, by inspector retained by the Town, and the cost thereof shall be assessed against the owner.  If the cost of such inspection be not paid by the owner then it shall be added as a special charge against the premises on the tax roll.

            2.  Agreement.  The owner of any premises to be served by an access road or driveway traversing a bridge or culvert, over 30 inches or more, must execute an agreement with the Town, in form suitable for recording in the office of the Register of Deeds, containing the following: the owners must agree for themselves, their heirs and assigns, to be responsible for maintenance of the bridge and/or culvert in accordance with this subsection; and, in the event they fail to so maintain said bridge and/or culvert then the Town may fix, repair or maintain same, and add the changes thereof as a special lien on the tax roll against the property for which the building (driveway) permit was issued under §66.60(16), Wis. Stats., the applicant specifically waiving notice of any hearing or proceeding regarding the fixing of the assessment; provided, however, the Town shall first give the applicant a 30-day notice directing the applicant to fix and repair said bridge and/or culvert prior to the Town undertaking said repairs.  Where more than one owner of property is served by the subject bridge and/or culvert the charges assessed hereunder shall be assessed proportionally among the owners in an amount equal to the fractional
                                      
 PUBLIC WORKS   8.02(2)(g)(2)

share of the cost thereof, the said fraction to have a numerator of one and a denominator equal to the total number of owners of properties (serviced by permits issued under this section) having access to their premises by way of the subject driveway.

            (h) 1. Dead-ends. (Cr. #1992-1; Rn. 7/17/95) Access roads and driveways in excess of 300 feet in length, and which terminate in a dead-end, shall have a 13½ foot height clearance and terminate at a turn around with either a minimum 90’ diameter or sufficient area and design to enable the turn around of a tandem axle truck.  In calculating driveway length hereunder there shall be counted the length of the new or altered driveway, together with any other access road or driveway it connects or intersects en route to the Town road or other public highway.

            2.  (Cr. 7/17/95) Measurements to determine compliance with this subsection shall be taken as shown in “Exhibit A” set forth at the end of this Chapter.

            (i)  Improvements. (Cr. #1992-1) Improvements required under this section must be completed before commencement of work of improvement or construction of any building.

            (j)  Variances. (Rn. #1992-1) Variances for a good cause may be granted as to the above standards.  Application for such variances shall be made to the Town Board through the Town Clerk.

            (k) Crop Land. (Am. 8/20/01; Cr. #1994-6; Rn. MCC ’94) Access roads and driveways shall not be placed on crop land classified 1, 2, or 3, as defined in §17.065(3)(b) except upon special permit granted by the Town Board. When issuing such permits, the Town Board may impose such restrictions as it deems appropriate to preserve the integrity of agricultural lands and soil types 1, 2, or 3.  The Board may require location of any permitted residential access road or driveway along field ravines and fence lines, and allow a driveway along a property line if the approved Certified Survey Map was recorded in the office of the Pierce County Register of Deeds prior to May 2, 1994.

            (l)  Agricultural Field Access. (Cr. 7/17/95) A field road may be built without a permit providing the road does not lead to a building or building site and it is in compliance with subsection (a) above.  If a building is later proposed, a driveway permit must be obtained, and the driveway reconstructed to comply with Town code.

            (m)  Erosion Control.  The owner shall comply with all erosion control requirements of the Code of General Ordinances.

PUBLIC WORKS 8.02(3)

(3)  APPLICANT TO PAY ALL EXPENSES.  All expenses of construction, reconstruction, alteration or removal of any access road and all expenses of repair or redesign  of the Town road necessarily caused by any access road shall be the liability of the applicant.

(4)  BOND.  The Town Board may, in its discretion, require the applicant to furnish the Town an indemnification bond in an amount equal to the reasonable expenses
contemplated by the Town by the reason of the issuance of the permit.  The sufficiency of the indemnification bond shall satisfy the sole discretion of the Town Board.

(5)  APPLICATION.  (a)  Driveway Access.  All buildings hereafter erected or moved into the Town, and any other new buildings as defined in §14.03(1)(a) of this Code, shall have uninterrupted driveway access to said building from a public road, which driveway or access road shall meet the requirements of this section.  The driveway may connect with other private connecting driveways or access roads prior to connection with the public road, but the other private connecting driveways must also comply with this section.

            (b)  Altered Roads.  This section shall apply to all new driveways and access roads, and all driveways and access roads hereafter altered, which are intended to serve a building.  Alteration of a driveway or access road includes the laying or replacement of culverts or bridges, and the widening and lengthening of the driveway.  Where a building is erected or altered, or a new building created, served by an existing driveway, said driveway shall comply, or be so altered so as to comply, with this section.

            (c)  Variance.  Where, because of practical necessity or impossibility, it appears the owner of an existing access road or driveway cannot improve his road to meet the conditions of this section, and where this section would require such improvements because of alterations to a building increasing its value by  more than one third, the Town Board may in its discretion grant a variance to allow the alterations and/or improvements to the building with such modifications or improvements to the existing driveway or access road, culverts or bridges as the Town Board may direct.

8.03  PRIVATE ROAD ACCESS STANDARDS. (1) PURPOSE. It is in the public interest to preserve land by avoiding the needless proliferation of driveways and numerous public accesses to highways.

(2)  APPLICATION.  (a)  Private Road Access. All buildings hereafter erected or moved into the Town, and any other new buildings as defined in §14.03(1)(a) of this Code, shall have uninterrupted access to said buildings from a public road, which access road  shall meet the requirements of this Section. The driveway may connect with other

                                               
PUBLIC WORKS 8.03(2)(a)

private connecting driveways or access roads prior to connection with the public road. The other private connecting driveways need not comply with this Section.

(3)  REQUIREMENTS. Prior to the granting of a permit for a private road the applicant shall submit plans for construction of such, which satisfy the following minimum standards:

•      (a)  Design. 1. The access road shall be so designed as to avoid  any unreasonable interference with natural flow of water. The first 20 feet of the access road from the edge of the highway shall be near level, but slightly lower than the highway in order to assure that water from the access road does not run onto the traveled portion of the highway. Flooding of the surface of the Town road in any manner shall create a presumption of unreasonable interference.
•     
• Access roads shall have a minimum of six (6) inches of pea gravel or breaker rock covered with six (6) inches of crushed rock surface.
•      
• Access roads shall be no closer than ten (10) feet from the lot line.
•     
• Access road slope shall be no greater than ten (10) percent.

             5.  Access roads shall intersect with Town roads at right angles.

•  
•      6. Culverts must be adequate for drainage. Any culvert shall be installed at the same grade as preexists and have a minimum diameter of twelve (12) inches.
•  
•       7.   Side to side clearance of all access roads shall be 22 feet with a minimum travel surface of 18 feet with two (2) foot shoulders each side of the road.
•  
•          8.  Access roads shall be constructed so as to sustain a minimum weight load of 25 tons.
•  
• Access roads shall be a least 100 feet from any intersection.

• Access roads shall have a minimum of 250 feet curve radius.

• Access road layout and road signage shall promote public safety.

              12.  Access roads shall be located so as to provide a sight distance of 250 feet in any direction along the Town road being intersected if the posted speed limit is 35 mph or less not veering from road surface. Sight distance is computed with observer at a height of 3.75 feet and object seen at a height of six (6) inches. In all other cases, the access road shall be located so as to provide a sight distance of 350 feet in any direction along the
PUBLIC WORKS   8.03(3)(a)(12)

Town road being intersected, not veering from road surface. Sight distance in those cases shall be computed with observer at a height of 3.75 feet and object seen at height of six (6) inches.

              13.  Access roads in excess of 300 feet in length and which terminate in a dead-end shall have a 13½ foot height clearance and terminate at a turn-a-round with either a minimum 90 foot diameter or sufficient area and design to enable the turn around of a
tandem axle truck. In calculating road length hereunder there shall be counted the length of the new and altered road together with any other access road or driveway it connects or intersects in route to Town road or other public highway. Measurements to determine compliance with this subsection shall be taken as shown in “Exhibit C” set forth at the end of this Chapter.

              14.  Any improvements required under this section shall be completed before commencement of work on improvement or construction of any building.

              15.  Access roads shall not be placed on crop land classified 1, 2, or 3 as defined in §17.065(2)(b) except upon special permit granted by the Town Board. When issuing such permits the Town Board may impose such restrictions as it deems appropriate to preserve the integrity of agricultural lands and soil types 1, 2, or 3. The Board may require location of any permitted residential access road along field ravines and fence lines.

              16.  Access roads shall comply with all erosion control requirements as stated in §17.12 of this Code.

              17.  Remodeled or altered buildings, increasing the value of such building by more than one third, shall require improvement to the driveway, from the building to the private road, to meet private road standards prior to the issuance of a building permit.

              18.  The permit issuer will inspect the proposed site to insure that all regulations can be satisfied. A fee will be charged each time the inspector is asked to view the site. The amount of the fee will be set by the Town board form time to time. Permit application forms must be filled out by the permit issuer and signed by the applicant.

              19.  Bridge and Culverts. Access roads over bridges or culverts must be so constructed, erected and maintained as to comply with engineering specifications sufficient to sustain and carry a weight load of not less than 25 tons and must have the ability to withstand water from a 25 year flood. Pierce County Highway Department and the US ASCS standards shall govern in determining whether there is compliance with the 25 year flood requirement. Such engineering specifications shall be reviewed by the Town Engineer with cost thereof to be paid by the applicant. Bridges, as well as culverts with a diameter greater that 30 inches, shall be inspected every five (5) years, beginning
                                               
PUBLIC WORKS   8.03(3)(a)(19)

five (5) years from date of the initial grant or permit. In addition they shall be inspected after any 25 year flood, for the purpose of insuring compliance with this section. Any such inspection shall be initiated by the Town by an inspector retained by the Town and the cost thereof shall be assessed against the owner. If the cost of such inspection is not paid by the owner then it shall be added as a special charge against the premises on the tax roll.

               (4)  AGREEMENTS.  (a)  The owner of any premises to be served by an access road or driveway traversing a bridge or culvert, over 30 inches in size, must execute an agreement with the Town, in form suitable for recording in the office of the Register of Deeds, containing the following: the owners must agree for themselves, their heirs and assigns, to be responsible for maintenance of the bridge and/or culvert in accordance with this subsection; and, in the event they fail to so maintain said bridge and/or culvert then the Town may fix, repair or maintain same, and add the changes thereof as a special lien on the tax roll against the property for which the building (driveway) permit was issued under §66.60(16), Wis. Stats., the applicant specifically waiving notice of any hearing or proceeding regarding the fixing of the assessment; provided, however, the Town shall first give the applicant a 30-day notice directing the applicant to fix and repair said bridge and/or culvert prior to the Town undertaking said repairs.  Where more than one owner of property is served by the subject bridge and/or culvert the charges assessed hereunder shall be assessed proportionally among the owners in an amount equal to the fractional share of the cost thereof, the said fraction to have a numerator of one and a denominator equal to the total number of owners of properties (serviced by permits issued under this section) having access to their premises by way of the subject driveway.

 (b) All newly established private roads will require a maintenance agreement, signed by all parties using such road, to be recorded  with the Pierce County Register of Deed’s Office. A copy of such agreement shall be filed with the Town clerk.

             (5)  VARIANCE.  Where, because of practical necessity or impossibility, it appears the owner of an existing access road cannot improve his road to meet the conditions of this section, and where this section would require such improvements because of alterations to a building increasing its value by  more than one third, the Town Board may in its discretion grant a variance to allow the alterations and/or improvements to the building with such modifications or improvements to the existing driveway or access road, culverts or bridges as the Town Board may direct.

            8.04  ROAD CONSTRUCTION STANDARDS.  (1) (Am. & Rn. 7/17/95) PURPOSE.  It is in the public interest to establish minimum highway design standards for highways being constructed in the Town to accommodate anticipated traffic and afford satisfactory access to police, fire fighting, ambulance, snow removal, sanitation, and road maintenance equipment.
PUBLIC WORKS   8.04(2)
           
             (2)  MINIMUM ROAD DESIGN STANDARDS.  All Town highways shall be classified as local roads unless designated by the Town Board as collector or arterial.  The classification of all roads under this ordinance shall be determined by the Town Board based upon anticipated traffic and relation of the highway to traffic patterns within the Town and other highway systems.  Local roads are those with the lowest traffic count, with access to private property as their principal function.  Collector highways are those intended to act as collectors from local roads to higher priority roads or developed areas.
Arterials are intended to serve as corridors through the Town serving inter-regional and inter-area traffic movement.

            (3)  ROAD WIDTH.  All roads, whether local, collector, arterial or in a subdivision shall have a right-of-way of 66’.  They shall be graded in such a manner not to exceed 6% unless necessitated by exceptional topography and approved by the Town Board.

            (4)   SURFACE.  Road base shall have a minimum of 10” of pea gravel (or breaker rock) covered with 7½” of crushed rock to a width of 26’ and road surface covered with 2” of compacted blacktop to a width of 22’.  If road terrain prevents a 26’ overall width, then a 20’ width of blacktop may be allowed if approved by the Town Board.  A 20’ width of blacktop may be allowed if the speed limit is less than 35 mph because of a dead end road or because of curves, bridges, or culverts, and if approved by the Town Board.

 (5)   CENTER LINE.  Minimum radii or curvature on the center line of 300’.

            (6)  VISIBILITY.  Clear visibility measured along the center line, shall be provided for at least 300’.

            (7)  CUL-DE-SACS.  Cul-de-sacs or dead end streets designed with one end closed shall not exceed 500’ in length and shall provide a turnaround having a minimum radius to the outside curb of 70’.  See “Exhibit B” at the end of this Chapter.

            (8)  DRAINAGE.  Roads shall have adequate facilities to provide surface water drainage, as deemed necessary by the Town Board.

            (9)  DITCHING AND CULVERTS.  The ditching of the roadway must be complete and have proper elevation to provide for adequate drainage.  Any culverts necessary for proper drainage shall be installed after elevation and location is obtained from the Town Board.  The minimum length of any culvert installed in a road bed shall be at least 2’ greater than the base course width.  Apron end walls shall be used.  The diameter and length will be subject to the approval of the Town Board, after the amount of the flowage is determined.  In no case shall a culvert be less than 18” in diameter.

PUBLIC WORKS   8.04(10)                         
            (10)  EROSION CONTROL.  Erosion control is the responsibility of the land developer.

            (11)   NEW ROADS.  New roads when intersecting with existing highways shall do so at a right angle (90°).  Roads that are to be taken over by the Town must be allowed to settle for one full year after the base and crushed rock have been applied.  Enough funds to complete the road, by blacktopping, must be set aside in an escrow account.  Any
shouldering after blacktop is applied shall be at the expense of the land developer, along with signs, barriers, culverts, bridges, and the like.

            (12) AUTHORITY FOR HIGHER STANDARDS.  The road design standards stated above are intended to be minimum design standards.  The Town Board shall have the discretion to impose higher design standards wherein the opinion of the Town Board local condition or anticipated traffic in quantity or quality will require higher standards.

            (13) APPLICATION FOR DETERMINATION OF APPLICABLE STANDARDS.  Any person may apply to the Town Board to determine what design standards should apply in a particular location, giving the description of the proposed highway and design standards.  No person shall commence construction of any highway anticipated to be made a town road without first having written Town Board approval of the proposed highway design.

(14)  FINAL INSPECTION AND ACCEPTANCE BY THE TOWN BOARD.  Upon completion of the proposed highway the Town Board will proceed to make a final inspection, accepting or rejecting the highway in its discretion.  If the highway is rejected, then corrections must be made as stated by the Town Board before final inspection will be made again.  If final acceptance is made by the Town Board, the owner or owners will convey the road to the Town by warranty deed free and clear of any liens or encumbrances.

            (15)  AGRICULTURAL LANDS.  (Am. 8/20/01; Cr. #1994-6) No residential access road or driveway shall be installed across crop lands classified 1, 2, or 3 as defined in §17.065(3)(b) of this General Code, except upon receipt of a special permit from the Town Board under §8.02(2)(k).

            8.05  INTERPRETATION AND PURPOSES. (Cr. 6/5/00)  (1) OVERVIEW OF UTILITY ACCOMMODATION. The Town constructs, operates, and maintains the Town Highway System.  Utility companies provide service to individual users. Both the town and utility companies typically provide facilities that consider future as well as present needs. Cooperation between these two entities is essential if the public is to be served at the lowest costs consistent with the respective public service needs, obligations, and interests.

PUBLIC WORKS   8.05(2)

            (2)   PRIMARY PURPOSE OF THE TOWN HIGHWAY SYSTEM. The primary purpose of the Town Highway System is to provide a safe and convenient means for the vehicular transportation of people and goods.  Any permitted use and occupancy of highway right-of-way for non-highway purposes is subordinate to the primary interests of the traveling public.

(3)   PURPOSE OF THE UTILITY ACCOMMODATION ORDINANCE. The purpose of this ordinance is to prescribe the policies and procedures that shall be met by any utility whose facility currently occupies, or will occupy in the future, any Town Highway or bridge over which the town has maintained jurisdiction.

• UTILITY ACCOMMODATION.  (a)  Permits. It is the policy of the Town to permit utility facilities on Town Highways when:

            1.  Such use and occupancy does not adversely affect the primary functions of the highways or materially impair their safety, operational, or visual qualities.

            2. There would be no conflict with the provisions of federal, state or local laws or regulations or the accommodation provisions stated herein.

             3. The occupancies would not significantly increase the difficulty or future cost of highway construction or maintenance.

                     (b)  Additions. Nothing in this policy shall be construed as limiting the rights of the town to impose restrictions or requirements in addition to and/or deviations from those stated herein in any permit where the town deems it advisable to do so.  An appropriate explanation for such action should be provided to the utility.

            (c)  Alterations. The permitted facilities shall, if necessary, be altered by the utility to facilitate alteration, improvement, safety control, or maintenance of the highway as may be ordered after permit approval.  All costs for constructing, maintaining, altering, and relocating the permitted facilities shall be the obligation of the applicant, unless a specific town-executed utility agreement otherwise provides. If the utility encounters a hardship which prevents installation in accordance with the terms of the permit, the utility may deviate from the terms of the permit as necessary to avoid the hardship, but in making such deviation does so at the risk of having to move the installation. Therefore the utility is urged to obtain pre-approval from the Town prior to taking action which deviates from the terms of the permit. The town has final determination as to the validity of the hardship.  If the town determines that the changes were made due to the installers preference, and not due to hardship, the utility will take action within 10 days to correct such alterations.  For clarification purposes: hardships are solid rock, uncrossable

                                                                       
PUBLIC WORKS   8.05(4)(c)

swamps, cemeteries, or similar circumstances that make construction physically or economically unfeasible.

(5)  GENERAL PROVISIONS.

(a)  Authority. The town regulates the use and occupancy of highways under Chapters 83, 86 and 182.017, Wis. Stats.

(b)   Design Responsibility. The utility shall be responsible for the design of the utility facility to be installed or adjusted within the right-of-way.  The Town shall be responsible for review of the utility’s proposal and for permit approval.

(c)   Buried Line Location Notification. Each applicant for a permit for work on a Town Highway shall provide a reliable line-locate notification service by either or both of
the following means: If the applicant has membership in a one-call utility notification service, the applicant shall enter the complete and current telephone number(s) for the service on the face of each permit application.  The applicant shall also provide written notification to the town upon or in advance of any subsequent changes in the one-call contact information, such as, cessation or membership, changes in the contact telephone number(s) , etc.

(d)   Utility Facility Condition Requirements. All utility facilities shall be kept in good state of repair both structurally and from the standpoint of appearance.

(6)  SPECIFIC PROVISIONS.  Chemical Treatment and Cutting of Trees. The utility shall be prohibited from chemical treatment or cutting of trees on highways without a permit from the Town.  The permit application shall provide the area intended to be sprayed, the schedule in which the work is to be completed, the chemical and application rate.  If a permit for chemical treatment is granted by the Town it is the responsibility of the utility to notify adjacent land owners. Cutting of trees in conjunction with activities listed as maintenance do not require a permit.

(7)   COMPLIANCE.  (a)  Authority.  All utilities required to abide by the provisions stated in this Chapter and  those specific provisions related to their individual-permits.

(b)  The provisions of this Chapter shall be enforced by the Town Board. In emergency circumstances the Town chairperson, or his designee, can approve deviations from the permit.

PUBLIC WORKS 8.05(8)

(8)  FAILURE TO COMPLY. 

(a)  Permit Revocation.  When a utility is in noncompliance with the provisions of their permit, the Town may revoke the utility’s permit.  The utility may reapply for a permit to the Town Board when they can demonstrate a good faith effort to comply.

(b)  Withholding Approval of Future Permits.  Continued violations by a utility of this Chapter and/or the provisions of their permits may cause the Town to withhold approval of permit applications for that utility until the violations are corrected to the satisfaction of the Town. The severity and number of written reprimands against a utility shall serve as a guide in determining future permit approval.
             
(9)   PERMIT REQUIREMENTS  (a)  Need for a Permit.  A utility shall obtain a permit from the Town before any use or occupancy of Town highways is allowed.

(10)   REQUIRED INFORMATION. 

(a)   Permit Application Forms.  1. One original, with attached copies, of the permit form shall be submitted per application to the Town Clerk via regular mail, courier service, or delivered in person.

2. The telephone number of the applicant shall be included on each permit form.

(b)   Permit Drawings.  Each permit application shall contain adequate drawings showing the existing and/or proposed location of all utility facilities within the right-of-way with respect to the existing highway or any planned highway improvement.  The details shall include dimensions from the proposed utility installation to the commonly accepted right-of-way line and to the edge of the traveled way.  For highway crossings, a cross-section detail showing depth of bury or overhead clearance is required along with the location of any bore pits (if needed). A distance reference from the crossing to the nearest public roadway intersection is also required. Measurements showing approximate distance from the proposed facility to side road intersection, county line, etc. shall be submitted with all permit drawings.