Chapter 10.65
HIGHWAY DAMAGE
Sections:
10.65.030 Weight restriction violations.
10.65.040 Construction and transportation permits.
10.65.050 Information provided by applicant.
10.65.070 Reimbursement agreement.
10.65.100 Fines and forfeitures.
10.65.010 Intent.
It is the intent of this chapter to protect the substantial capital investment placed into Town roads and highways and to minimize spending public funds for unnecessary repairs. It is also the purpose of this chapter to maintain Town roads in the best possible condition so as to promote and protect the health, safety and welfare of Town residents and users of such thoroughfares. The authority for this chapter is found in Wis. Stat. §§ 66.0425, 66.0627, 60.10, 82.03 and Ch. 86. (Ord. 2016-6. 2008 code § 6.18(1))
10.65.020 Definitions.
“Damage” to highways shall be deemed to be any damage, adverse condition or change in a Town road which causes or contributes to the need for repair or replacement of any portion of a Town road or highway, including asphalt, base, shoulder work, ditch work, culvert work or bridge work, or any other damage to public property on or adjacent to a public road or right-of-way in the Town of East Troy. In the event that this chapter is complied with, it shall be the burden of the Town to establish that such damage has occurred. In the event that this chapter is not complied with, the existence of damage to the highways at or adjacent to the alleged violator’s project or which occurs over the route of travel of the alleged violator’s vehicles, shall be presumed to have been caused by the alleged violator’s vehicles, unless such violator can establish otherwise.
“Person” is defined as any natural person, driver, operator, principal, agent, lessor, lessee, employee, partnership or corporation or its officers. (Ord. 2016-6; Ord. 2010-11 § 3. 2008 code § 6.18(2))
10.65.030 Weight restriction violations.
1. Any person violating the weight restrictions on any roads or highways in the Town of East Troy shall be deemed to have caused or contributed to the damage of said road or highway by way of excessive wear and tear or by way of specific damages if the same can be established. Actual damages may also be ordered in addition to the fine.
2. In addition to any other violation of local, county, administrative code or state statute, ordinance or rule, a separate citation may be issued against any person violating this chapter.
3. Any person owning or leasing a vehicle or operating or causing to be operated a vehicle which is in excess of Wisconsin State Statutes weight limits or Wisconsin Department of Transportation Administrative Code restrictions shall be fined as a penalty for damage to any road or highway as follows:
$50.00 plus an amount equal to $0.10 per pound which is in excess of the most restrictive weight limitation as defined in said ordinance, rule, administrative code or statute. (2008 code § 6.18(3))
10.65.040 Construction and transportation permits.
Any person intending to engage in any project or construction in the Town involving the use of local roads which fall under the Town’s jurisdiction, the same to be deemed to be highways that are neither state nor county trunk highways, nor interstate highways, shall apply to the Town for a permit to use such roadways in the event that any vehicle, including load, shall exceed 60 percent of the weight authorized in Wis. Stat. § 348.15(3). This requirement shall exist in addition to any weight restrictions that are imposed by the Town delineating any road as a Class B highway. (Ord. 2010-11 § 4. 2008 code § 6.18(4))
10.65.050 Information provided by applicant.
The applicant shall provide to the Town the following information:
1. The name and address of the applicant.
2. Description of the project with sufficient specificity for the Town to ascertain to what extent the Town roads shall be used and potentially damaged.
3. A specific description of the routes of travel.
4. A specific plan proposed by the applicant to avoid or minimize any road.
5. A signed consent and agreement requiring that both the applicant and the project owner shall be liable for any road damage or costs of repairs as a result of their use of Town roads.
6. A project schedule.
7. A 24-hour phone number where the applicant can be contacted during the term of the project.
8. A cash bond in the amount of $500.00. (2008 code § 6.18(5))
10.65.060 Permit approval.
Upon receipt of a permit under this chapter, the Town Clerk shall refer such application to the Town Board and the Town Department of Public Works Supervisor or Chief. The Department of Public Works shall prepare a written response regarding the sufficiency of the application, a summary of concerns to be addressed to protect Town roads, and a personal inspection of the area to be used in such construction. The Department of Public Works shall photograph the immediate area of the work to be done and any area of road that is, in the Department’s belief, susceptible to road damage.
After receiving the report from the CPW Department, the Town Board shall review the same to determine whether or not the Town’s interests in protecting its roadways are adequately protected by virtue of the application and the plan to minimize Town road damage, as well as the recommendation of the Department of Public Works.
The Town Board shall give its approval within 45 days of receipt of the application, or such application shall be deemed denied. (2008 code § 6.18(6))
10.65.070 Reimbursement agreement.
An occupancy permit under ETMC 15.05.160(13)(c) shall not be issued until and unless the damages to Town roads and road rights-of-way have been repaired or the cost of those damages has been paid pursuant to the terms of any reimbursement agreement entered into pursuant to ETMC 15.05.160(11)(d). (Ord. 2016-6. 2008 code § 6.18(7))
10.65.080 Inspection.
After a permit has been issued, the Department of Public Works shall regularly inspect the roadway which is permitted to be used by the applicant under this section. Any failure of the Town Department of Public Works to inspect the property shall not be a defense in any action to recover fines or damages under this section. (2008 code § 6.18(8))
10.65.090 Final inspection.
Upon completion of the project, the applicant shall notify the Department of Public Works to conduct a post project inspection. Such inspection shall occur within five business days of written notice to the Town of East Troy that such project is completed. At such time, the Department of Public Works shall cause an inspection of the roadway that has been used under the permit and a report shall be submitted to the Town Board either recommending the release of the cash bond upon a finding that no damage has occurred or a recommendation to the Town Board as to what damage has occurred and the estimated cost thereof. Such recommendation shall be provided to the Town within 10 business days of completion of the road inspection by the Department of Public Works. (2008 code § 6.18(9))
10.65.100 Fines and forfeitures.
In addition to any other fines and forfeitures that are established above, or under state statute or administrative code regulations, each violation of this section shall subject the violator to a fine of no less than $50.00 per day, no more than $500.00 per day, plus court costs and penalty assessments. In addition, actual damages as determined by the Township may be assessed. The estimate of damages by the Department of Public Works or the payment of any actual costs of repair shall be deemed prima facie evidence of the amount of damages expended by the Town of East Troy in effectuating any repair. (2008 code § 6.18(10))
10.65.110 Severability.
In the event that any portion of this chapter is deemed to be unenforceable or is set aside by a court of law, then each and every remaining provision or clause to this chapter, including separate sections as to fines and damages, shall be deemed to be severable and shall remain fully enforceable as if unaffected by such decision. (2008 code § 6.18(11))