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Ordinance #20170510-4, Use of Temporary Culverts and Maintenance of Ditches (replaces Ordinance dated 12/07/79)

Town of Clover

Ordinance #20170510-4, Use of Temporary Culverts and Maintenance of Ditches (replaces Ordinance dated 12/07/79)

 

Whereas, the Town Board finds that it is necessary and in the Public interest to regulate the use of temporary culverts and the maintenance of ditches consistent with the public safety and welfare, and

Whereas, the Town Board has the responsibility to minimize undo expenses to the Town in connection with future maintenance of the adjacent highways and right-of-way, and

Whereas, the Town Board finds that it is reasonable, appropriate and in the public interest to require that property owners and contractors utilize temporary culverts and/or deck logs, wood products and other impediments outside the ditch or right of way to ease utilization of the highway and to do so in a manner consistent with public safety and welfare and not require the Town to expend costs related to such activities; and

Whereas, the Town Board finds that the previously enacted Ordinance does not comply with current standards related to Ordinances;

Now, therefore be it resolved that the Board of Supervisors of the Town of Clover, Bayfield County, Wisconsin, does hereby rescind all previously enacted ordinances relating to logs or wood products being decked from the center of the road and does ordain that Ordinance #20170510 shall be enacted this date as follows

 

SECTION 1.  AUTHORITY AND PURPOSE

This Ordinance is adopted under the general authority granted pursuant to §60.22, §§82.03(1), 82.05(1), and 82.05(2) of the Wisconsin Statutes; to make the recorded highway safe for travel within the Town.

 

SECTION 2.  DEFINITIONS

In this Ordinance, the following words and phrases have the designated meaning unless a different meaning is expressly provided or the context clearly indicates a different meaning:

A. Road, Roadway, Highway, Street. The aforementioned terms shall have the same meaning and reference within this Ordinance.

B. Temporary Driveway/Culvert. A driveway/culvert of no more than one (1) year duration, generally not requiring a permit, but, if necessary, subject to Town review.

C. Town. The Town of Clover, its Town Board (as a whole), the Chair Person or designated Supervisor(s), Employee(s) or other authorized designees.

D. Town Chair. The Chair Person of the Town Board or designee(s)

E. Impediments. Any unauthorized parked object, i.e. trailers, cars, boats or other objects in the ditch or right-of-way

 

SECTION 3.  REMOVAL OF WOOD PRODUCTS AND OTHER IMPEDIMENTS

No individual or logging company shall be permitted to:

A. Remove timber, other wood products or impediments over a ditch adjacent and/or parallel to any town road in the Town of Clover without first installing a suitable temporary culvert in said ditch.

B. The temporary culvert must be removed when the project is terminated.

C. A permit is not required from the Town of Clover for a temporary culvert.

D. Please notify the Town Crew (715) 774-3882 of intent to place a temporary culvert and intended location.

E. To ease use of a Town highway the Town reserves the right to sanction where, on any Town highway, wood products or other impediments may enter the highway.

F. The Town reserves the right to assess an individual or logging company for the costs of ditch and road repairs to return the ditch and road to the conditions existing before the logging or construction, if the individual or logging company fails to do so.

 

SECTION 4. STOCKPILLING WOOD PRODUCTS

 No wood products or other impediments may be stockpiled within 33 feet from the center of the highway and under no circumstances are these things to be placed in the ditch.

  

SECTION 5. PENALTIES

 A $500.00 penalty per violation and/or no future cutting in the Town of Clover will be enforced.

 

SECTION 6. EFFECTIVE DATE

THIS Ordinance shall take effect immediately upon passage, posting and publishing as provided by law. The Town Clerk shall properly post and publish this Ordinance as required under §60.80, Wis. Stats., within 30 days of the below noted adoption date.

 

Adopted this 10th day of May, 2017.

Beverly M. Steele, Chairperson    Date

Sheryl Isaksson, Supervisor          Date

Barb Rebak, Supervisor                 Date

Jack Smith, Supervisor                  Date

Patti Stemwedel, Supervisor         Date

  

Attest:    Tracy Gillespey, Clerk                                  Date

 

TC Ordinance #20170510-4 Governing Use of Temporary Culverts and Maintenance of Ditches

Created: 03/15/17; revised 4/10/17 per TPC Recommendation; 5/9/17 Fixed Tracy’s name & fixed #