CHAPTER 15

PUBLIC WORKS

15.01 DRIVEWAYS AND CULVERTS - PERMITS REQUIRED, PERMIT FEES AND ESCROW FOR PERFORMANCE

(1) Approval Required. No person shall construct or maintain any driveway across any ditch, sidewalk or curbing or enter any road without first obtaining a driveway permit from the Town Board or a designated representative thereof including the Maintenance Inspector if so designated.

No building permit shall be issued nor excavation begun where a culvert will be installed, unless prior thereto a permit for the proper size and type of culvert first be obtained from the Town of Menasha authority and the permit fees required by this ordinance and the escrow required by this ordinance have been paid to the Town. The actual placing and covering of the installed culvert shall be accomplished in accordance with the specifications of the Town and approval for the completed installation shall be required, in writing, from the proper Town authority designated to inspect the said installations.

(2) Permit fee. A culvert permit fee in the sum of $75.00 shall be charged for the issuance of each permit designated for the installation of a driveway or culvert as set forth in Subsection (1).

(3) Deposit Security. At the time of issuance of any permit for a culvert under this section, the person receiving the said permit shall be required to deposit with the Town $150.00 as a security deposit for the proper performance and installation of the culvert as required under all aspects of this ordinance.

A sum of $350.00 shall also be deposited at that time as a security deposit for the proper performance and maintenance of the ditchline during the time of construction.

The culvert security deposit ($l50.00) shall be returned to the permit holder upon satisfactory installation of the culvert, as determined by the Town Building Inspection Department.

The ditchline security deposit ($350.00) shall be returned to the permit holder upon satisfactory completion of the major construction and landscaping work on the premises, as determined by Town Building Inspection Department.

(4) Procedure for Installation.

(a) After the issuance of a permit, the Town shall, within five days, cause the staking of the grades for the elevation of the culvert. That no culvert shall be installed until such staking has been completed.

(b) The culvert shall be required to be installed according to the stakes established by the Town, its Maintenance Inspector or its Engineers.

(c) Notice is required to be given by the person installing the said culvert within five days of the installation at which time the Town shall make an inspection to determine that the culvert was appropriately installed.

(d) In the event of the failure of the permit holder to properly install the culvert, upon a finding by the Engineer or Maintenance Inspector of said improper installation, the contractor shall be given 30 days notice, in writing, to repair, modify or reinstall the culvert according to the specifications of the Town. At the expiration of the 30 days, the Town shall cause the culvert installation to be reinspected and charges of the reinspection shall be borne by the contractor and shall be taken from the funds placed in escrow as provided in (3) above.

(e) In the event that the contractor continues to fail to follow the specifications and has not repaired the improper installation within the period of 30 days following the written notice, the Town of Menasha shall retain the $500.00 security deposit and shall thereafter move to install the culvert in the appropriate manner. The determination of the defective installation shall be made by the Engineer for the Town, in writing, to the Town Board. The entire amount of the remaining funds in escrow shall be forfeited to the Town upon failure to comply with the requirements of this Section 15, and which funds shall be applied to cover all costs of additional engineering, expenditures and work by the Town of Menasha, and costs of hiring the repairing and replacement of the culvert installation. The balance of funds left in the escrow amount, if any, shall be returned to the person taking out the permit.

15.015 DRIVEWAYS AND CULVERTS - EXTENSIONS FOR EXISTING CULVERTS

(1) Permit Required. No existing culvert installations may be extended without first obtaining a permit for the extension from the Town of Menasha or its designated agents.

(2) Permit fees for the extension of existing culverts shall be $8.00. Additional engineering charges may be assessed according to the terms and conditions of this section.

(3) This section shall apply only where an existing culvert has been installed for a driveway or drainage in the ditches in the Town of Menasha. The connection of any pipe to either end of an existing culvert installation shall be considered an extension of that culvert installation.

(4) Permit issuance shall be upon the following terms and conditions:

(a) No extension shall exceed ten (10) feet in length excluding endwalls except as provided in 15.015(e).

(b) No extension shall cause the existing culvert and its extension together to exceed a total length of forty (40) feet, excluding endwalls except as provided in 15.015(e).

(c) The officer issuing the permit shall first check the installation for unusual problems. In the event it is necessary to use the assistance of the Engineer for the Town, the officer shall obtain the agreement from the applicant that they will deposit the estimated cost of engineering services before issuance of the permit. The applicant shall further be required to pay all necessary engineering costs related to the extension, including charges in excess of the required deposit estimated as the cost under this subsection.

(d) The permit officer shall have the right to refuse the extension permit if it is determined that the existing installation already constitutes an impediment to drainage or requires substantial adjustment in order to maintain adequate drainage flows, or that an addition or extension to the existing culvert would create an obstruction or impediment to existing drainage flows.

(e) On property which is zoned for Commercial or Industrial purposes, an extension of an existing culvert or the installation of a new culvert may be allowed which will bring the total length of the driveway culvert to a maximum length of sixty (60) feet provided that the 60 foot culvert length is necessary for ingress and egress of traffic. The total culvert length for driveways whose main function and/or purpose is for employee or customer parking is hereby limited to forty (40) feet. Any extension of an existing culvert or the installation of a new culvert made under the provisions of this section shall be subject to the installation of one or more cleanouts as determined by the permit officer after consultation with the Street Department.

15.02 REGULATION OF TOWN CULVERTS

(1) The individual property owner shall pay the total cost of all culverts of 24 inches or less in diameter where the installation thereof is on the right-of-way abutting the property owners' land.

(2) Where the Town authorities determine a culvert is needed in excess of 24 inches in diameter, the Town shall pay the cost of the additional culvert size, and endwalls over 24 inches, amount to be determined as follows, in the form of a payment directly to the person installing said culvert. This payment is to be made upon the request of the person installing said culvert and shall be made following satisfactory inspection of the installation by the Town. Said payments to be authorized by the Town official issuing the permit, and the Town Board of Supervisors.

(3) The property owner shall pay the total cost of installing such culverts including the cost of the culvert.

(4) All culverts on Town roads in the Town of Menasha, Winnebago County, Wisconsin, shall be installed according to the grade set by the Town of Menasha Engineers.

(5) Only galvanized steel culvert pipe and endwalls or reinforced concrete pipe and endwalls shall be allowed to be used for installations in the Town. The minimum length of any installation shall be 24 feet of actual culvert pipe and the maximum length shall be 40 feet of actual culvert pipe, except that the sixty (60) foot maximum length allowed by 15.105(e) shall be allowed if all provisions of that section are applicable and all conditions are met. Other installations may be made in excess of 40 feet only on the permission of the Town Board and only under the conditions set for the installation by the Board. All installations shall be required to have endwalls on both ends of the culvert pipe. All descriptions of length hereunder do not include the endwalls and the extension of the endwalls beyond the end of the pipe is in addition to those lengths mentioned herein. This ordinance shall apply to all new installations after June 1, 1979, and shall apply to all replacement installations of culvert pipe after June 1, 1979.

(6) The Town of Menasha Engineers shall designate the size and diameter of the culvert to be installed. In the event of disagreement by the owner with the Engineers, the owner may request the Town Board to review the matter and set the required diameter.

(7) Installation Requirements.

(a) To protect the culvert from crushing, breaking or bending or any other damage, it is required that a minimum of 8 inches of crushed rock or gravel be placed on the top of the culvert.

(b) In the event 8 inches of cover would bring the grade level too high, the installation of an arch, (oval) culvert pipe may be required by the Town Board.

(c) Bedding and filling around the pipe and bedding and filling beneath the pipe shall be done with crushed rock, stone, gravel or other material approved by the Town Board but in no event shall dirt, clay or other loose ground be used.

*15.03 EXCAVATIONS, ALTERATIONS OR OBSTRUCTIONS WITHIN TOWN OF MENASHA RIGHT-OF-WAY [Amended 10/25/93]

(1) No individual, partnership or corporation shall cause any excavation, alteration or obstruction (excluding trees - see 15.13) within Town of Menasha right-of-ways or easements without first obtaining a construction/excavation permit application and subsequent approval by the Town Street Superintendent or Town Administrator. No rock gardens, boulders, benches or fences shall be built or maintained in any public right-of-way.

(a) Utility Service Connections: A $25.00 nonreturnable fee shall accompany the construction/excavation permit application for the installation of utility services to the utility main. A detailed drawing, showing all existing utilities, structures and improvements into the proposed installation area, including the proposed location of the new work, shall accompany the permit application.

(b) Utility Mainline Extensions: A $75.00 nonreturnable fee shall accompany the construction/excavation permit application for the installation of utility mainline extensions. A detailed drawing, showing all existing utilities, structures and improvements in the proposed installation area, including the proposed location of the new work, shall accompany the permit application. The drawing shall bear a signature from an authorized representative of Sanitary District No. 4, verifying mutual design and planning of the proposed mainline extension with regard to existing underground utilities.

(c) Street Light Installation - Exempt from Fee: There shall be no permit fee for the installation of street lights requested by the Town, and the above-described fees in (a) and (b) shall be waived for installation of street lights.

(2) The construction/excavation permit will be reviewed by the Town Street Superintendent or designee who shall prepare a written report with a recommendation as to approving or denying the requested permit. Upon approval of the permit by the Street Superintendent, Town Administrator or designee, the Street Superintendent shall issue a construction/excavation permit to the applicant. The applicant shall notify the Street Superintendent 48 hours prior to commencing work.

(3) For the purpose of this section, Town of Menasha right-of-ways and easements are construed to be areas as designated by the Town of Menasha official map and recorded as such in the Town records.

(4) The Town Street Superintendent shall prescribe the conditions under which the excavation, alteration or obstruction shall be made and it shall be the duty of the Street Superintendent to ensure that all conditions of the approved permit are complied with strictly and that the work is completed in a timely manner. A final inspection of the completed restoration and clean-up shall be made by the Street Superintendent.

(5) Before a construction/excavation permit may be issued under this section, the applicant receiving the said permit shall deposit with the Town Clerk's Office $2,000.00 as a security deposit for the proper performance, installation and restoration of the work as defined in the approved said permit. An annual security deposit may be given under this section exclusively covering utility service connections by the principal for one (1) year, beginning January 1, which shall be conditioned as specified below.

(a) The construction/excavation security deposit ($2,000.00) shall be returned to the applicant upon satisfactory completion of the project and restoration work, as determined by the Street Superintendent.

(b) In the event of the failure of the applicant to properly perform the conditions of the approved said permit, the Street Superintendent shall give to the applicant a 30 day notice, in writing, to repair, modify or restore said conditions according to the specifications of the Town of Menasha. At the expiration of the 30 days, the Town, or its contractor, shall perform the necessary repair, modification or restoration, as determined by the Street Superintendent, and shall deduct the cost of said repair, modification or restoration from the construction/excavation security deposit. The balance of funds left in the escrow account, if any, shall be returned to the permit applicant.

(6) Before a construction/excavation permit may be issued, the applicant must execute and deposit with the Town Clerk an indemnity bond, approved by the Town Chairman, in the sum of $10,000 conditioned that he will indemnify and save harmless the Town of Menasha and its officers from all liability for accidents and damage caused by any of the work covered by his permit, and that he will fill up and place in good and safe condition all excavations and openings made in the road, and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Town Board for a period of one (1) year, and that he will pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing road openings or drain laying adopted by the Town Board, and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Town. Such bond shall also guarantee that if the Town shall elect to make the road repair, the person opening the road will pay all costs of making such repair and of maintaining the same for one (1) year. Recovery on such bond for any accident, injury, violation of law, ordinance, rules or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violations during the period of excavation for which it is given. An annual bond may be given under this section covering all excavation work done by the principal for one (1) year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Town Board as necessary to adequately protect the public and the Town.

(7) Before a construction/excavation permit may be issued, the applicant must furnish the Town Clerk with written evidence that he has in force and will maintain during the course of the work, public liability insurance of not less than $100,000 for one person, $300,000 for one accident, and property damage insurance of not less than $100,000.

(8) Signs, guardrails and other appurtenances within the Town right-of-way limits shall be removed and/or installed by Town personnel only. The applicant must give a one (1) week advance notice to the Street Superintendent for the removal of such signs, guardrails, etc., that obstruct or interfere with the applicant's ability to perform the work and conditions of the permit. The cost of such removal shall be borne by the applicant and deducted from the construction/excavation security deposit. The cost shall be based on a per cost fee of $25.00 which shall include removal and installation.

(9) In the event of unauthorized excavations, alterations or obstructions within Town of Menasha right-of-ways, the individual partnership or corporation causing such excavation, alteration or obstruction, shall be fined not less than $50.00 nor more than $1,000 for each violation or infraction thereof.

15.035 DITCH MAINTENANCE

(1) This ordinance and regulation shall apply to all property owners in the Town of Menasha owning property which abuts upon any ditch or natural water course which exists upon easements for roads or ditches in the Town of Menasha. The requirements of this ordinance shall exist and obligate the property owner relevant to the maintenance of the said ditches or water courses for all such ditches or water courses within 50 feet of the property line of said property. In the event the easement is less than 100 feet and is bordered on two sides by private property owners, each property owner shall be responsible for that one-half of the easement adjacent to his property.

(2) Any property owner in the Town of Menasha who has property which abuts any ditch or water course as described above shall be responsible to maintain the said water course and/or ditch to allow the free, open and continuous flow of water through the said ditch or water course.

(3) Where there occurs in the said ditch or water course any accumulation or deposits of materials or vegetation, other than naturally deposited snow and/or ice, which shall create a condition that shall cause the obstruction, diversion, or blockage, temporary or otherwise, of water, which blockage causes the backing up of the water flow or stagnation of the water, or causes the said water to flow upon property of another or of the Town of Menasha outside of the area of the said easement for said ditch or water course, shall be required to remove such blockage, obstruction or materials causing diversion within 48 hours of notice in writing from the Town of Menasha, whichever is later. If the owner of the said property or premises shall fail to remove such blockage, obstruction or diversion as required by this section, the Town of Menasha, under the direction of the Town Board and Town Street Department, shall do said work and the expense thereof shall be calculated and shall be made a special tax upon the property adjacent to which the work was done pursuant to the above definition of areas of responsibility of the property owners, except for Main Drainageways A-Q as shown on the map which is kept on file in the Town Clerk's Office.

(4) Ditches may be enclosed with the installation of an appropriately sized pipe or culvert upon the request of the abutting property owners and the approval of the Town of Menasha Board of Supervisors. The full cost of such an installation and restoration shall be borne by the property owners requesting same. Recommendation on the project must be given by the Town's Engineer and the Town Street Department prior to commencement of the work and must be inspected during the installation, along, with final inspection. All costs of clearing, ice removal, and other maintenance work shall be borne by the abutting property owners.*

15.04 TOWN WORK EXCLUDED

The provisions of this ordinance shall not apply to excavation work under the direction of the Maintenance Supervisor by Town employees or contractors performing work under contract with the Town necessitating openings or excavations in Town roads.

15.05 EXCAVATION IN NEW ROAD LIMITED: EMERGENCY EXCAVATIONS

Whenever the Town Board determines to provide for the permanent improvement or repaving of any road, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Town Board, the Road Supervisor shall notify in writing each person, utility, Town departments including sanitary and utility districts or other agency owning or controlling any sewer, water main, conduit or other utility in or under said road or any real property abutting said road, that all such excavation work in such road must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open cut, or excavate said road for a period of five (5) years after the date of improvement or repaving unless in the opinion of the Road Supervisor an emergency exists which makes it absolutely essential that the permit be issued. In the event of an emergency any person owning or controlling any sewer, water main, conduit or utility in or under any road and his agents or employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit; provided that such person shall apply for an excavation permit not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining permit hereunder.

15.06 OBSTRUCTIONS AND ENCROACHMENTS

(1) No person shall encroach upon or in any way obstruct or encumber any road, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant.

(2) Exceptions. The prohibition of subsection (1) shall not apply to the following:

(a) Signs or clocks attached to building which project not more than six (6) feet from the face of such building and which do not extend below any point ten (10) feet above the sidewalk, road or alley.

(b) Awnings which do not extend below any point seven (7) feet above the sidewalk, road or alley.

(c) Public Utility encroachments duly authorized by state law or the Town Board.

(d) Excavations and openings permitted under Sections 15.01 and 15.02.

(3) No person shall allow, permit or cause the accumulation of any materials in or upon the roadways or road ditches of the Town which in any manner obstruct the flow of water causing diversion of water from said ditch or causing the stagnation of water flowing therein.

15.065 DEPOSITING OF SNOW ON PUBLIC RIGHT-OF-WAYS

(1) No person shall remove or caused to be removed any snow or ice from a premises owned or occupied by that person or from any residence, parking lot, parking area, filling station, business property or other property owned or occupied by said person by placing the said snow onto the traveled portion of any public right-of-way, including paths and walkways. Snow removed from public walks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access.

(2) No person shall deposit any snow or ice upon the traveled portion of any sidewalk, alley or road or street of the Town of Menasha contrary to the provisions of this chapter. It is hereby made to be a nuisance and the Town of Menasha Police Department shall be empowered to issue citations for this violation, the penalty for which shall be $75.00 for the first offense, $150.00 for the second offense and $300.00 for the third offense. In addition to the penalties provided for the violation of this section, the Town of Menasha may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which the said snow or ice has been removed and upon failure to pay the same said may be charged as a special assessment upon the tax bill to the owner of the property from which the snow or ice removal was necessitated.

(3) Sidewalks to be Kept Clean

(a) The owner and occupant of any lot or parcel in the Town abutting upon a public sidewalk shall, within 24 hours after the cessation of any storm during which snow has fallen, remove or cause to be removed from the portion of such sidewalk abutting his property all snow and ice which accumulated thereon.

(b) If any such owner and occupant fails to remove or cause to be removed such accumulated snow and ice within the 24-hour period, the Town of Menasha Police Department shall give written notice to said owner to remedy the situation which shall be served personally or posted at the premise. Said notice shall specifically state that the period of time within which the action must be taken in 24 hours from the time of notice. [Adopted 3/11/96]

(c) If the owner and occupant refuses or neglects to follow the order of the Town, the Town may remedy the situation and shall report the full cost thereof to the Town Clerk who shall thereupon bill such cost against the property owner and, it not paid, shall charge (plus interest at 1 1/2% per month) the owner by special assessment to the property.

(4) No person shall interfere with the accessibility to a fire hydrant by piling or dumping materials (including snow or ice) near it without first obtaining permission from the appropriate municipal authority. The material piled or dumped near the hydrant included snow and ice removed from private property. Every day during which such interference continues, constitutes a separate offense.

15.067 MAILBOX DAMAGE

(1) Mailboxes, driveway culverts, driveway surfaces (other than gravel), fences, trees or shrubbery, or any other item or object installed 'in the road right-of-way, even if installed with the required Town permits.

(2) The Town assumes no responsibility for the replacement or repair of any such items where such loss, damage, or injury to such items is the result of Town operations including maintenance, snowplowing, construction or reconstruction of roadways or ditches, which work is being performed by the Town or the Town's contractor on the Town's roads right-of-ways road surfaces road right-of-ways and ditches.

15.07 STREET PRIVILEGE PERMIT

(1) Permits for the use of the roads, alleys, sidewalks or public ways or places of the Town may be granted to applicants by the Town Board for the purpose of moving any building or structure or of encumbering the road alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided that such applicant has complied with the other requirements of the subsection and has obtained a building permit if required by the code.

(2) No road privilege permit shall be issued until the applicant shall execute and file with the Town Clerk a bond in an amount determined by the Town Board, conditioned that the applicant will indemnify and safe harmless the Town of Menasha from all liability for accidents or damage caused by reason of operations under said permit and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the roads, alleys, sidewalks or public property of the Town resulting from such building or moving operations.

(3) The fee for a road privilege permit shall be $10.00.

(4) The permission to occupy or obstruct the roads, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, removal or moving of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Town Board for violation thereof:

(a) Such temporary obstruction shall cover not more than 1/3 of any road or alley.

(b) Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

(c) The process of moving any building or structure shall be as continuous as practicable until completed, and if ordered by the Town Board, shall continue during all hours of the day and night.

(d) No building or structure shall be allowed to remain overnight on any road crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.

(e) Buildings shall be moved only in accordance with the route prescribed by the Town Board.

(f) Upon termination of the work necessitating such obstruction, all parts of the roads, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.

(5) Termination. All road privilege permits shall automatically terminate at the end of three (3) months from the date of issuance unless an earlier termination date is specified thereon at the direction of the Town Board.

(6) In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any unlawfully obstructed road shall refuse or neglect to remove such obstruction within 24 hours after notice from the Town Board to do so, it shall be the duty of the Town Board to direct removal of such obstruction and make return of the cost and expense thereof to the Town Clerk who shall enter such cost on the next annual tax roll as a special charge against the. property abutting such obstructed road, and such sum shall be levied and collected as other special taxes against real estate.

15.08 SPECIAL ASSESSMENTS [Revised 7/28/97]

(1) All special assessment taxes levied by the Town shall be paid by the owner of the property being assessed upon the following terms, unless otherwise determined by the Town Board of Supervisors prior to any Town public works project:

(a) In equal annual installments over a period not to exceed ten (10) years unless extended by Town Board, but no installment shall be less than $50.00 except the last.

(b) The Town will invoice the owner of the property. Interest shall run on all unpaid installments from the date of the special assessment invoice, unless the special assessment invoices are paid by the due date. Unpaid special assessment invoices will be included on the tax bill for the predetermined amount of installments at the rate of 1.5 percent per annum over the borrowed interest rate of the Town for the project.

(c) The Town's standard method of calculating special assessments:

The following mathematical formula shall be used when calculating all special assessments:

(TOTAL PROJECT COST) X (TOWN ASSESSABLE PERCENTAGE)

_______________________________________________ = PER FOOT

(CENTERLINE FRONTAGE) 2 ASSESSMENT

That the above determined per foot assessment shall then be applicable to assessable footage within the Town's jurisdiction for each such public works construction project. Provided further, that any outside funding received by the Town of Menasha for the project shall be first applied to the Town of Menasha's share of the construction project, with any remaining funding moneys (if any) then being applied towards relief of the per front foot assessment to abutting property owners. Therefore, the Town of Menasha shall utilize such funding first to repay the Town for any Town portion of a public works construction project which is not being payable or assessed one hundred (100) percent to abutting property owners, without limitation, for any Town share of pavement, curb and gutter, storm sewer, etc.

(d) The Town of Menasha's Town Board may utilize the following assessment options/methods at its discretion based upon the circumstances of each special assessment project, and include, but are not restricted to the following:

(1) Front Foot basis

(2) Per parcel basis

(3) Area-wide basis

(4) Square foot basis

(5) Impervious surface (hydraulic acre) basis

(e) A Public Hearing shall be held pursuant to Chapters 60 and 66 Wis. State Stats., as now in force and effect or as hereinafter amended, by the Town of Menasha Board of Supervisors prior to ordering the special assessments permitted by this chapter and prior to start of actual construction.

(2) Street/Roads - Town of Menasha street/road assessment policy shall be as follows:

(a) Classification of all streets in the Town of Menasha, for purposes of this ordinance section, shall be as follows:

Arterial: Greater than 3,501 vehicles per day.

Major Collector: 2,501 to 3,500 vehicles per day.

Minor Collector: 1,501 to 2,500 vehicles per day.

Local: 501 to 1,500 vehicles per day.

Low Use: Less than 500 vehicles per day.

(1) For purposes of this section, the Town of Menasha's Standard Specifications For Storm Sewer and Street Construction as adopted by the Town Board are incorporated herein.

  1. Street Reconstruction (Pavement, Curb and Gutter if Applicable). Abutting property owners shall be assessed the following percentage of "total project costs," provided that the total assessment does not exceed the Town's actual costs:

Arterial - 10%

Major Collector - 20%

Minor Collector - 50%

Local - 75%

Low Use - 75%

"Total project costs" shall include all engineering and legal fees applicable to the project, all costs of mailing and publication for the project, all preconstruction and construction costs applicable to the project, and shall include all project common construction costs otherwise not assessable to an abutting property owner, for example, intersections. Such things as intersections shall be included within the definition of "total project costs", and abutting property owners shall commonly share the costs of nonassessable portions of the project.

(c) That as it relates to the restoration of privately installed improvements (such as driveways/aprons) on the right-of-way of roads in the Town of Menasha, the Town shall make such restoration to the equivalent of preconstruction status, and shall assess the cost of restoration to the specific property. Property owners desiring to contract and pay for their own restoration shall file a waiver in writing or shall be subject to assessment under this section. This section of the ordinance shall not be construed to modify or change the ordinances of the Town as it relates to ditch enclosure which are approved under Section 15.035.

(d) Curb and Gutter - Curb and gutter, if ordered in by the Town, shall be included within the assessment policies of designated percentage categories as listed above and where part of any road/street reconstruction project. Unless modified by the Town Board of Supervisors, any pavement, curb and/or gutter construction costs shall be one hundred (100) percent assessed to abutting property owners, where the construction project is a new/reconstruction street/road.

(3) Sidewalks - The Town of Menasha's sidewalk assessment policy shall be as follows:

(a) "Assessment Area" shall be defined as follows:

(1) Any platted subdivision ("development") served by storm sewer main and sump pump laterals, or

(2) Any other area that is not a platted subdivision, as determined by the Town's Engineer, which is served by storm sewer main and sump pump laterals.

(b) The following items shall be assessed 100% of cost to all property owner in the "assessment area:"

(1) Storm sewer mains of 24" in diameter or less.

(2) All appurtenances, including all manholes, inlets, and leads.

(3) All roadway and lawn restoration costs.

(4) All engineering and legal fees, costs of mailing and publication applicable to the project.

(5) All storm sewer laterals for sump pumps.

(c) Residents shall be assessed one hundred (100) percent for storm sewer mains 24" or less in diameter. Storm sewer mains of greater than 24" in diameter shall be assessed to the property owners in the "assessment area" as follows: The below-described percentage are determined by utilizing the Manning Equation, which specifically consists of taking capacity of a 24" diameter pipe divided by capacity of a larger pipe which equals the percentage of cost of a larger pipe to be assessed to the property owner.

(1) The property owner shall pay 73% of the total cost of pipe and installation of pipe for and 27" storm sewer main.

(2) The property owner shall pay 55% of the total cost of pipe and installation of pipe of any 30" storm sewer main.

(3) The property owner shall pay 34% of the total cost of pipe and installation of pipe of any 36" storm sewer main.

(4) The property owner shall pay 22% of the total cost of pipe and installation of pipe of any 42" storm sewer main.

(5) The property owner shall pay 16% of the total cost of pipe and installation of pipe of any 48" storm sewer main.

(6) The property owner shall pay 12% of the total cost of pipe and installation of pipe of any 54" storm sewer main.

(7) Pipes larger than 54" in diameter shall be calculated per the "Manning Equation" (i.e., the actual flow through the pipe), utilizing the same percentage formula described herein.

(d) Storm sewer assessments shall be on a front footage basis levied upon each lot in the assessment area. The total assessment amount for any assessment area shall be levied upon each lot in the assessment area based on the front footage of each lot. Any lot that abuts (whether in whole or in part), including any cul-de-sac lots that are adjacent to any sewer main, shall be assessed in accordance with this ordinance. For any multiple frontage lot, only the single shortest side which abuts a sewer main shall be assessed. Lots shall be determined according to the Town of Menasha tax rolls. The items to be assessed shall include all those items listed in 15.08 (4) (b) (1) - (5) and (1) - (7), described above.

(e) For each assessment area, the total actual cost for all sump pump laterals shall be determined.

Each property owner shall then be assessed for the average cost for each sump pump lateral on the property owner's property within the assessment area.

(5) Ditches - The Town of Menasha ditch assessment policy shall be as follows:

(a) Ditching and/or Cleaning of Ditches and/or Driveway Aprons - Percentages paid by the Town are as follows:

(1) All Classes - 50% (if ordered by Town)

(2) All Classes - 0% (if requested by 80% of abutting property owners)

(3) This section of the ordinance shall not be construed to modify or change the ordinances of the Town as it relates to ditch enclosures which are approved under Section 15.035.

(6) Special consideration - applicable to pavement, curb, and gutter projects only:

(a) Interior lots - assessments shall be paid on the basis of footage as shown on the plat or other recorded instrument.

(b) Multifronted lots - assessments shall be adjusted for multifronted lots in the following manner:

(1) Multiple-fronted lots: Assessment for the first side constructed for the first one hundred (100) feet shall be at one hundred (100) percent of assessable rate. Frontage on any constructed side in excess of one hundred (100) feet shall receive a seventy-five (75) percent forgiveness, up to a maximum forgiveness of one hundred (100) feet. This multiple-fronted lot formula shall apply to each side of the lot.

(c)Prohibited access. Any lot with frontage on a road, where access to said road is prohibited by a governing body, shall have no assessment for said road reconstruction project as to that portion of the project dealing with pavement, curb and gutter.

(d) Irregular Lots. Triangular Lots and Lots on Cul-de-Sac streets shall be assessed for pavement, curb and gutter projects only based on the following:

(1) When special assessments are based upon a front foot basis, the frontage calculation for irregularly shaped lots shall be as follows: When the actual frontage is more or less than the average width of a lot (measured by dividing the total lot area by the average depth), the frontage calculation for assessment purposes shall be based on average width but in no event shall the assessment be for less than 75 feet of frontage.

(2) The frontage calculation for triangular parcels of land shall be established by dividing the total lot area by the average depth of the adjoining parcels along the same frontage, but in no event shall the assessment be for less than 75 feet of frontage.

(e) Nonidentified shaped lots shall be determined individually by the Town Board prior to assessment as applicable to pavement, curb and gutter projects.

(f) If a multifronted lot is split into two (2) or more parcels prior to completion of construction and assessment, the newly created interior lot(s) shall be subject to full frontage assessment, without consideration for any credits under any of the above section and subsections.

(7) That all of the above sections and subsections dealing with credits for multifronted lots, etc., in particular Subsections 15.08 (6) and 15.08 (6) (e) through (f) shall not be applicable under 15.10, where 15.10 is then applicable to first and final paving within a subdivision or under any situation where first and final paving is the responsibility of a subdivider or owner creating a street by certified survey map, etc.

(8) Special Assessments Payable in the Event of Annexation

(a) Under preceding code Subsections of 15.08, the Town of Menasha may bear a share of construction project costs. All Final Special Assessment Resolutions, shall provide that as to each abutting property owner involved in a particular assessable construction project within the Town of Menasha, who bear any assessment for public improvements payable in installments, the annual installments shall be increased by a proportionate share of construction project costs previously paid by the Town of Menasha in those circumstances where an abutting property owner's property is annexed to a neighboring municipality and where said annexation takes place at any time during the period commencing from the date of adoption of the Final Special Assessment Resolution, and when installment special assessments remain due and payable to the Town of Menasha from abutting property owners. For those abutting property owners who have paid lump sum, this deferred assessment shall also become then due and payable upon annexation.

(b) Any Town of Menasha construction project costs previously paid by the Town of Menasha and then assessed to an abutting property owner because of annexation under Subparagraph (a) above shall be computed by the Town of Menasha, written notice thereof shall be given to the abutting property owner and the amount so computed and assessed shall be payable equally over and with all remains special assessment installments.

(c) The Engineer's report, available at the date of Public Hearing, following adoption of the Preliminary Special Assessment Resolution, shall set forth the application and projected additional assessment costs that may be caused by an annexation under the term of 15.08 (8).

(9) Nothing in this ordinance shall be deemed as a waiver at the Towns' ability to impose assessments in a manner consistent with Wisconsin law or other applicable law including, but not restricted to the Town's ability to exercise its police powers under Chapter 60 and 66, Wis. State Stats.

(10) If any portion of this section, 15.08, is declared unconstitutional or invalid, said declaration shall not invalidate those remaining portions of Section 15.08 and said remaining portions shall remain in full force and effect.

15.09 PARKING LOT RESTRICTIONS

(1) Parking of automobiles or other motorized vehicles on private premises shall be so regulated as to not interfere with the use of any town road or public right-of-way. Where parking lots or areas are located immediately adjacent to a public road or right-of-way, a physical divider shall be placed at the end of the parking lot or area adjacent to the public road to prevent invasion of the public right-of-way. Points of ingress or egress to private parking areas shall be plainly marked and no single parking area shall have more than one point of ingress or egress per 100 feet along such public road. The physical barriers shall not be less than two (2) feet above the parking lot surface. Applications for variations of the number or distance of points of egress or ingress may be granted in writing by the Town Board. The owner of any such premises shall be liable hereunder.

(2) Violations of this section shall be punishable by the imposition of a fine or forfeiture not to exceed $100.00 for each day of violation. Upon a finding of guilty of a violation hereunder and failure to pay the forfeiture imposed, said convicted person may be imprisoned for a period not to exceed ten (10) days for each violation.

15.10 NEW TOWN ROAD REQUIREMENTS

(1) No Town road will be accepted by dedication or deed unless the person desiring to dedicate and deed to the Town the said road shall have first obtained the approval of the Town Board of the points of access to existing Town roads and shall have improved the said roadway to the grade and road base requirements of the Board.

(2) The liability for accident or injury occurring upon any proposed roadway shall be the liability of the owner until both dedication and deeding are completed and accepted by the Town Board.

(3) Failure to obtain and comply with Town Board requirements shall constitute basis for refusal to accept said dedication and/or deed. Town roads will not be maintained by the Town until dedication and deeding are completed and accepted by the Town.

(4) Streetlight Installation

(a) All new streets within the Town of Menasha shall have street lights installed at the time the street is constructed in accordance with the Town of Menasha street lighting policy.

(b) The cost of installation shall be paid by the developer in accordance with the procedures listed under new street construction, Section 15.10(5), Municipal Code.

(c) All decorative street lights within the Town of Menasha shall be constructed and maintained in accordance with the Town of Menasha Street Lighting Policy, and in accordance with Town Ordinance as set forth in the Town Code. Furthermore, decorative street lights shall be allowed only after a Street Light Agreement Hold Harmless and Indemnification Agreement, with terms and conditions as required by the Town Board, has been signed by all owners of all lands located in the subdivision requesting decorative street lights and signed by all other appropriate parties as determined by the Town Board.

*Clerk's Note: See attached Exhibit included at end of this Chapter.

(5) All of the terms and conditions of 15.08(9) created June 8, 1987 are incorporated within 15.10, as if set forth herein in full.

(6) All new Town public roads and streets shall be installed by either 1) private construction contract (as more fully described below), or (2) by Town construction (as more fully described below).

(7) Town construction of all new Town public roads and streets shall be as follows:

(a) The developer shall make written application to the Town of Menasha for construction of a new road, including ditching or storm sewer, indicating location, use, name, type of surface, desired time schedule, indication of Plan Commission approval and detailed construction plan. The construction plans must meet the Town of Menasha requirements contained in the "General Specifications, Town of Menasha" that are in effect at the time of the application.

(b) Following receipt of the application, the Town of Menasha Town Board shall refer the application to the Town of Menasha Engineer for the preparation of bid documents. All bid documents shall contain a notation that the award of the bid shall be subject to the developer depositing an escrow with the Town of Menasha for the amount of the awarded bid within seven (7) days following the awarding of the bid, and that no contract shall be signed until the required escrow has been received by the Town of Menasha.

(c) The Town of Menasha Engineer shall prepare bid documents for base course construction and road drainageways or storm sewer. The bid documents for a double application of chip sealing shall be included. The installation cost for street lights shall be obtained from the appropriate utility prior to the award of the bid. The cost for furnishing all required road signs, including all stop signs, speed limit signs, and informational signs shall be obtained from the Town of Menasha.

(d) Upon receipt and award of the bid, the developer shall deposit with the Town of Menasha a cash escrow in the amount of the bid plus the street light installation cost, the cost for all required sign installation, and the cost for a double application of chip sealing for a road width of 28' as estimated by the Town of Menasha Engineer plus a 15% contingency fee, said bid to include Town of Menasha engineering costs.

(e) The Town of Menasha shall construct the road in stages upon completion of steps (a) to (e), with the final paving to be installed when 70% of available abutting property in the subdivision is developed, or three (3) years, whichever comes first, but in no case, unless with Town of Menasha Board approval, until a minimum of 20% of the abutting land is developed. The chip sealing of the road shall be completed within one (1) year, after the completion of the base course construction. In no case, however, shall the final surface course of asphalt pavement be installed sooner than two (2) years following application of the chip sealing.

(f) Following construction of the base course and chip sealing, the actual construction costs shall be paid from the escrow. If the actual cost is less than the escrow, the difference shall be refunded to the developer. If the actual construction costs exceed the escrow, the difference shall be made up in either of the following ways:

The developer shall deposit the additional amount with the Town of Menasha; or,

The difference shall be placed on the tax roll as a special assessment, said assessment to be split equally against all lots within the affected subdivision.

Actual costs of final paving and/or curb and gutter shall be assessed to abutting property owners by waiver of assessment, and all subdividers of Final Plats or persons offering a Certified Survey Map for approval, shall be required to enter into a "Subdivision Improvement Agreement", relating to final paving and waiver of assessment, a specimen copy of which is on file in the Town Clerk's office. This section does not mandate curb and gutter.

*Clerk's Note: (See Exhibit attached at end of this chapter.

(g) Final paving shall be done in accordance with the provisions of (f) and the actual construction cost shall be placed as a special assessment on the tax roll in accordance with the provisions of Section 15.08, Municipal Code, except that 15.08(2)(i) and 15.08(3) through (6) shall be inapplicable thereto. In addition, 15.08 shall be inapplicable reference classification of streets, street reconstruction percentages, privately installed improvements such as driveways, curb and gutter, and Town percentage of storm sewer costs.

That the incorporation herein by reference of 15.08 is solely for the purpose of granting to the subdivider/property owners the right to pay under annual installments and at the interest rate as set forth specifically under 15.08(l) Municipal Code.

(h) The street shall be considered an official Town of Menasha street following completion of steps (a) to (e), and the Town will perform and pay for all routine maintenance of the street from that time.

(8) Private construction of all new Town public roads and streets shall be as follows:

(a) Prior to the private construction of any Town road or street in the Town of Menasha (hereinafter referred to as "Town"), the developer/owner (hereinafter referred to as "Developer") shall enter into a "Roadway Development Agreement" (hereinafter referred to as "Agreement") with the Town. The Agreement shall be established by the Town of Menasha Board of Supervisors, by resolution, and the content and form of the Agreement may be modified on a case-by-case basis at the sole discretion of the Town of Menasha Board of Supervisors. The Roadway Development Agreement shall be approved by the Town prior to the commencement of construction of the street or road. However, the Agreement shall include, but shall not be limited to, the following:

(1) The Developer shall provide a financial guarantee to the Town to pay for the cost of any and all phase(s) of street construction the Developer intends to complete pursuant to the Roadway Development Agreement. The financial guarantee shall be approved by the Town prior to the commencement of construction of any portion of the street or road. The financial guarantee to the Town shall be provided in any of the following forms:

- Payment and performance bond.

- Irrevocable letter of credit.

- Escrowed funds.

(2) The financial guarantee described above shall be in an amount sufficient to pay for the entire construction costs of the road and/or street as determined by the Town Engineer.

(b) The Developer shall make written application to the Town of Menasha for construction of a new road, including ditching or storm sewer, indicating location, use, name, type of surface, desired time schedule, indication of Plan Commission approval and detailed construction plan. The construction plans must meet the Town requirements contained in the "General Specifications, Town of Menasha" that are in effect at the time of application. Further provisions concerning the written application to the Town shall be as follows:

(1) The plans shall include all drainage plans with roadway grades.

(2) The Developer shall pay the entire cost of the plan review fees by the Town Engineer for review of the plans as described herein. Specifically, the Developer shall pay the Town costs for the plan review, and review of the following: conceptual plan, preliminary plat, final plat, drainage and street plans.

(3) The Developer shall pay for all fees for submittal of the plans as described herein as set forth in the Town Fee Schedule on file with the Town.

(4) The Developer shall pay the total project costs. Total project costs shall consist of construction costs up to final paving, engineering and legal fees applicable to the project, costs for street signs, stop signs, speed limit signs, informational signs, and street lights. The Developer shall pay the Town's Engineer costs, Wisconsin Electric Power Company costs and any other utility costs related to the construction of the roadway, as required, which said payments shall be made directly to the appropriate party (with copies verifying payment provided to the Town). Any and all costs incurred by the Town for the roadway construction, including engineering and legal fees, shall be billed by the Town to the Developer.

(c) The private construction of all Town roads as described herein shall comply with all ordinance requirements and resolution requirements of the Town, including conceptual plan, preliminary plat approval and final plat approval.

(d) The road shall be constructed as described herein; however, the final paving shall be installed when 70% of available abutting property in the subdivision is developed, or three (3) years, whichever comes first, but in no case until a minimum of 20% of the abutting land is developed, unless otherwise approved by the Town Board. Specifically, in the event a minimum of 20% of the abutting land is not developed, and the three (3) year time frame has lapsed as described above, the Town Board, at the Town Board's discretion, may require final paving of the road in conformity with this ordinance. The Developer shall then be required to construct the road in conformity with all Town ordinances and resolutions as described herein. However, the Roadway Development Agreement may provide for an earlier final paving and curb and gutter than the time frames described above. However, the Roadway Development Agreement shall also include a waiver that the Developer and all owners shall accept full liability for premature failure of the bituminous paving and curb and gutter installation. Premature failure is defined as displacement or break up of bituminous pavement within three (3) years of acceptance of roadway (through base course) by the Town Board.

(e) If the actual construction costs exceed the financial guarantee to the Town (as described above), the difference shall be made up in either of the following ways:

(1) On or before thirty (30) days from the date of notice from the Town to the Developer of a shortfall, the Developer shall provide an increase of financial guarantee to cover the increased cost; or

(2) In the event the Developer does not provide the increased financial guarantee described above, then the increased cost amount shall be placed on the tax roll as a special assessment, which said assessment shall be split equally against all lots within the affected subdivisions.

(f) At the time of the signing of the Roadway Development Agreement, the Developer and all owners of all real estate properties in the development, shall sign a ""Subdivision Improvement Agreement" relating to final paving and waiver of special assessment hearing. A specimen copy of this "Subdivision Improvement Agreement" is on file with the Town Clerk's Office.*. The "Subdivision Improvement Agreement" may be modified by resolution of the Town Board of Supervisors, at the discretion of the Town Board. The "Subdivision Improvement Agreement" shall include, among other items, that the actual costs of final paving and/or curb and gutter shall be assessed to abutting property owners by waiver of assessment, and all subdividers of final plats or persons offering a certified survey map for approval shall be required to enter into a "Subdivision Improvement Agreement", relating to final paving and waiver of special assessment.

*Clerk's Note: See Exhibit attached at end of this Chapter.

(g) At such time the Developer signs the Roadway Development Agreement, Subdivision Improvement Agreement, and applicable street lighting plan agreement, and at such time the Developer provides satisfactory financial guarantee to the Town as described above, then the Town shall execute the final plat for recording.

(h) All construction contractors of all roads must be included on the Town list of qualified contractors. The Town shall supply this list to all developers upon request. The list of contractors shall be updated on an annual basis. All contractors who qualify for Wisconsin Department of Transportation work shall automatically be qualified to perform construction of roadways in the Town of Menasha for the type of work they are qualified. Any construction contractor not on the Wisconsin Department of Transportation list can pre-qualify pursuant to forms supplied by the Town of Menasha.

(i) The Town Engineer shall have the sole discretion to inspect the installation of all Town roads during any part of the construction process, including installation of all storm sewers, aggregate base course, roadway subgrade elevations and

(j) In the event during the roadway construction process the Town Engineer determines there is inadequate construction, or construction not in conformity with the submitted plans or not in conformity with the Town's standards and general specifications, then the Town Engineer shall provide written notice to the Developer. Upon receipt of the written notice, the Developer shall cease all future construction of the road until such time as the deficiencies are satisfied and corrected as determined by the Town Engineer. In that event the Developer shall have fifteen (15) days to correct all deficiencies as described herein. In the event the fifteen (15) day time frame is not met, then the Town, at the Town's discretion, shall have the authority to make arrangements to have the deficiencies corrected, have the roadway properly constructed, and have the financial guarantees applied to the construction costs.

(k) Upon completion of all Town Engineer inspections as described herein, the Town Engineer shall write a letter recommending acceptance as a Town road to the Town Board.

(1) Building permits may be issued after execution of all of the above-mentioned agreements, and after financial guarantee has been provided to the Town. However, occupancy permits shall only be issued after acceptance of the roadway by the Town Board.

15.10(6) PRIVATE ROADS IN CONDOMINIUM DEVELOPMENTS IN R5 ZONING DISTRICTS AND MOBILE HOME DISTRICTS

(1) Definitions: Private Street

A "private street" in the Town of Menasha is defined as a street designed for motor vehicle usage which is completely contained within a subdivision, plat of survey, condominium development, certified survey map, planned unit development, or other similar recorded development which recording document establishes the right of way of the street and that said street has at least one connection to a "public" roadway which is under the ownership, supervision or control of the Town of Menasha, County of Winnebago, or State of Wisconsin.

(2) When Permitted

(a) Private roads shall be permitted in Mobile Home Parks if approved by the Town Board and Winnebago County. Subject to conditions as set forth in 15.10(5)(c).

(b)Private roads shall be permitted in condominium developments built in R5 zoning, subject to the following conditions:

(3) Conditions Required

(a) "Private streets" shall not be constructed in the Town of Menasha after June 1, 1985, unless the street is established under and meets all of the terms and conditions of this ordinance. No building permit shall be issued to construct any building which abuts a "private street" unless the street has first been established under the terms and conditions set forth in this ordinance and approved by the Town Board of the Town of Menasha.

(b) Approval by the Town Board of any private street in the Town of Menasha shall not be considered a waiver of any right or obligation of the Town Board of the Town of Menasha pursuant to the Wis. State Stats, and specifically, the Town of Menasha has reserved all rights to lay out, widen, alter, discontinue or refuse to establish roads (highways) (streets) pursuant to Wis. State Stats, Chapter 60 and Chapter 80.

(c) A "private street" shall be legally described in the document setting forth development, and shall be permanently marked on the map, plat, survey, or other recording device.

(d) The legal description and recording devices shall designate in bold print roadways that are approved as "private streets" under this ordinance.

(e) All streets, whether designated as "private streets" or not, shall be constructed in conformity with all of the specifications of the Town of Menasha Code of Ordinances, and shall further comply with all applicable specifications which establish specifications for public roadways, including the setback lines and other requirements of the ordinances of the Town of Menasha and Winnebago County, and laws of the State of Wisconsin.

(f) Easements shall be contained in the recording devices reserving and allowing the use of designated private street rights-of-way of public utilities, including sanitary districts, sewer and water, storm water drainage, natural gas, electricity, telephone, and all other utilities having authority to use public rights-of-ways in the Town of Menasha.

(g) The recording device used for the establishment of a private street under this ordinance shall contain restrictive covenants which shall run with the land to the benefit of the Town of Menasha and as a part of those restrictive covenants, shall establish an association of the owners and/or residents of the development and shall at all times maintain on file with the Town of Menasha a registered agent for the purpose of notices from the Town of Menasha to the owners'/residents' association where notice is required under this ordinance.

(h) The recorded restrictive covenants shall allow the Town of Menasha to enter upon the roadway for inspections, for maintenance, for rebuilding, repairs, plowing, or all other necessary work upon said private roadways in the event that the appropriate notice is given under this ordinance to the owners'/residents' association.

(i) The Town of Menasha shall have the authority to repair, rebuild, plow, or do any other necessary work on said roadways when the Town Board or Town Administrator or the Town Chairman determines that it is in the public interest or in the interest of the health and safety of any resident and/or owner of the property contained in the development to expend funds of the Town of Menasha to do any work upon said roadways in relationship to repairs, maintenance, plowing, or other improvement in order to remove the detriment to public interest or health and safety of residents or owners.

(j) The covenants shall recite that the Town of Menasha, by its acceptance of this "private roadway" covenants and easement shall not be required to accept as a public roadway the designated rights-of-way in response to a petition by residents pursuant to Wis. State Stats. Acceptance or approval of the private roadway under this ordinance shall not constitute a waiver of the covenants nor require the Town Board to accept said roadways.

(k) Establishment of "private roadways" under this procedure shall not entitle any owner/resident adjacent to said roadways to any of the following:

(1) There shall be no reduction in town tax relative to street maintenance and plowing, and ownership subject to these covenants shall be considered a waiver of any consideration thereof.

(2) Ownership shall further constitute a waiver to apply for a reduction in assessments on the grounds that said development is differentiated by bordering upon a private roadway as opposed to a public roadway.

(3) Shall constitute a waiver of the establishment of any street lighting facilities on said roadways which shall be the responsibility of the persons adjacent to the "private" roadway.

(l) The Town of Menasha shall reserve under the covenants and hereby reserves by ordinance its authority to enforce all of the laws of the State of Wisconsin, the ordinances of the Town of Menasha, and the ordinances of the County of Winnebago regarding regulation of traffic and motor vehicles, pedestrians, and other usage of said roadways, but this paragraph and condition shall not require the Town of Menasha to patrol said roadways as any requirements for the purposes of regular patrol on said roadway shall be the responsibilities of the owners/residents, and in the event the Town of Menasha for any reason provides such patrol or police services within the said area, special assessments may be levied against said property pursuant to the restrictive covenants established hereunder.

(m) The establishment of a "private street" shall authorize the owners'/residents' association, acting on behalf of the owners and residents to regulate the traffic on said roadways contained within the private roadway system.

(n) The private roadway shall at all times be considered the private property belonging to the owners'/residents' association, and the authority of said association shall be equivalent to person's rights in the State of Wisconsin as it relates to any parcel of privately owned property.

(o) The owners' association, however, shall be required to honor the exemptions set forth in the restrictive covenants for public officials and in addition to the public officials designated above, shall be required to allow public official access for the purpose of assessments, inspections for public health and safety, and all other necessary inspections related to the public interest. The authority to regulate traffic on said roadways does not include the prevention or access of any police officers, fire department officials, firefighters, or any other similar public official from access to said property for the purpose of protection and for health and safety of the residents adjacent to the private roadway.

(p) The restrictive covenants and conditions required in any section of this section of this ordinance shall be recorded so that they are applicable to all parcels or lots of land having frontage on the "private street" and shall contain language to allow the Town of Menasha to assess on a pro rata-front foot basis any costs incurred in conjunction with said private roadways in the event that the Town of Menasha, at any time in the future, incurs any cost directly connected with the private roadway. The covenants will set forth a waiver of statutory special assessment requirements so that the special assessment for any cost may be applied directly to the tax billing as a special assessment.

(4) Existing Private Streets

(a) For the purposes of this ordinance, the following streets are known to be private streets existing within the Town of Menasha, and that this section is for the purpose of designating those streets and also designating the limited application of this ordinance to those streets. The known existing streets are as follows: Alpha Drive, Beta Drive, Camelot Court, Delta Drive, Gail Lane, Gamma Drive, Giesen Street, Green Acres Drive, Gregory Lane, Helen Drive, Kay Kourt, Pages Point, Presher Place, Regency Court, Sigma Drive, Solar Parkway, Tonya Trail, Twin Oaks Lane (West), Welcome Road, Wendy Way, ingress/egress easements within the Harborage at Butte des Morts.

(b) This ordinance shall not require a retroactive improvement or standardization of these existing streets, with the exception as follows:

(1) Any extension of any of the existing private streets must meet all the requirements set forth in this ordinance.

(2) That in the event any of the streets is sought to be modified from private street to a public roadway, all of the regulations applicable under this ordinance for the purpose of making such a transition shall be applicable.

(5) Transition from Private Street to Public Street

(a) No private street may be converted to a dedicated public street without following the procedures outlined in this paragraph.

(1) Written application shall be made to the Town of Menasha signed by a majority of the property owners within the development. The application shall include any dedication instruments, if necessary.

(2) Following receipt of the application, the Town Board shall refer the matter to the Plan Commission for a recommendation. The Town Board shall direct the Engineer to make such tests as are necessary to determine whether the private roadway meets the standards required for acceptance of public roadways in the Town of Menasha. The Engineer shall further report findings as to the necessity of improvements or upgrading of the street so that it will meet the acceptable standard for public roadways within the Town.

(3) All costs of engineering reports, and investigations as to the upgrading of the street shall be borne by the applicants.

(4) Upon receipt of the Engineer's recommendation, the Town Board shall either tentatively approve the acceptance with conditions, or disapprove the request. If tentative approval is given, the applicant shall be given written notification of the requirements to bring a road to the standards necessary to be accepted as a dedicated public roadway. Improvement to the road shall be the responsibility of the applicants as well as all costs related thereto, and shall be subject to the inspection of the Town's Engineer, if required by the Town Board at the cost to the applicant.

(5) Following the necessary improvements, dedications, or other requirements by the Town Board, the Town Board shall, on demonstration that all conditions have been met, accept the road as a dedicated public roadway in the Town of Menasha.

15.11 SUMP PUMP DISCHARGE

(1) All clear water discharges, known as "sump pump discharges," shall be connected directly be means of a closed pipe system to a storm sewer if a storm sewer pipe is located adjacent to the property. Said installation shall be done by a plumbing contractor following plumbing permit issuance, and must be inspected. For the purposes of this Section, storm sewer shall mean any underground clear water drainage system located within the Town street right-of-way or drainage/utility easement. Open curb and gutter discharge shall not be used to discharge water into the storm sewer and system.

(2) All such connections shall be made before occupancy of the buildings, if the storm sewer is in place at the start of construction of the building. Buildings constructed prior to April 1, 1985, adjacent to an existing storm sewer must be connected to said storm sewer no later than April 1, 1986.

(3) In the event the storm sewer is installed following construction of the building, the connection shall be made within six (6) months of the storm sewer installation. This requirement may be waived by the Town Board of Supervisors upon formal request of the property owner.

(4) Connection shall not be required if, previous to the installation of the storm sewer, a rear or side yard open drainage easement is in use at the property in question. This section does not permit discharge into open curb and gutter drainage.

(5) All sump pump connections shall be installed to the property line by the property owner in question, at the property owner's expense.

(6) The installation of the storm sewer in an unimproved street shall be provided for and paid for by the developer constructing the street.

(7) The Town of Menasha shall assess full or partial cost, less State and Federal funding, of storm sewer installations in improved streets to the abutting property owners following a Public Hearing.

(8) The installation of laterals from the storm sewer to the property line in an unimproved street shall be paid for by the developer constructing the street. The Town of Menasha shall assess full or partial cost, less State and Federal funding, of such installations in an improved street to the abutting property owners following a Public Hearing.

(9) Installation of a storm sewer on an existing improved street or in an easement may be ordered by a majority vote of the Town of Menasha Board of Supervisors members (three votes affirmative).

(10) Any and all existing provisions of the Town of Menasha Municipal Code in conflict with the provisions of this ordinance amendment are hereby repealed, and this amendment shall take effect upon passage and publication.

(11) The Town of Menasha Board of Supervisors shall designate an Engineering Consultant for every project.

(12) The Town shall issue permits for all lateral installations, and standards shall be created for each project.

(13) All storm sewer connections shall conform to the provisions of the General Specifications, Town of Menasha.

15.12 STORM WATER DRAINAGE STANDARDS [Adopted 9/11/89]

(1) The following provisions are established to preserve and provide for the orderly and adequately sized storm water drainage facilities for the management of increased storm water quantities resulting from increased urbanization.

(2) The Surface Water Drainage Requirements, as detailed in Section 2.0, General Provisions, of the most recently adopted Winnebago County Town/County Zoning Ordinance are referenced under this chapter and included by reference in this chapter to identify the minimum design requirements for all developments subject to this zoning ordinance.

(3) Minor Drainage System

Minor drainage system components shall include and consist of all inlets, piping, gutters, channels, ditching, pumping and conveyance facilities to intercept and transport drainage from individual lots and roadways to a central, common location where a major drainage system would begin. In general terms, roadway drainage requiring piping or drainage structures smaller than 24-inches in diameter would be classified as part of the minor drainage system.

(4) Major .Drainage System

Major drainage system components shall include and consist of all channels, ditching, piping and conveyance facilities to transport drainage from minor drainage system facilities to the point or location of discharge. In general terms, drainage values requiring piping larger than 24-inches in diameter would be classified as part of the major drainage system.

(5) Drainage Calculations

(a) Storm water drainage computations shall be submitted to the Town Engineer for approval. The computations shall be accompanied by a drainage area plan showing all major drainage basins and sub-basins within the development and contributing areas outside of the development.

(b) Rate of runoff computations shall be made for the use of sizing road culverts, drainage structures, detention areas, ditches and storm sewers. The Soil Conservation Service Technical Release 55 (TR55) method will be required. Use of other methods of runoff computations will require written permission of the Town Engineer.

(c) Road culverts shall be designed using the standard procedures and graphs shown in the Hydraulic Engineering Circulars published by the Federal Highway Administration.

(d) Detention and retention basins or areas shall be designed using the flood routing procedure conforming to the storage equation of It-S=Ot:

I=inflow in cfs; S=change in storage in feet;

O=outflow in cfs; t=time

(e) Drainage ditches and storm sewers shall be designed using the Manning equation and the methods outlined in the State of Wisconsin Department of Transportation Facilities Development Manual.

(6) Open Channel Systems

(a) General

Where open channels are utilized, they shall be designed so as to minimize maintenance requirements and maximum safety. Drainage easements (in lieu of dedications) may be utilized to accommodate open channels provided adequate access for maintenance of the drainage is also provided.

(b) Design Details

All ditch slide slopes shall not exceed a 3:1 slope. The minimum depth of road ditches below the finished grade of the centerline shall be 18-inches deep, except that at a high point of the ditch, the depth may be a minimum of 12-inches. The maximum depth of road ditches below the finished grade of the centerline shall be 60 inches deep. There shall be a minimum of 46-feet in width between the centerline of the road ditches.

(c) Grade

The minimum grade for any ditch invert shall not be less than 2.0% in the direction of flow. Where the grade is less than 2.0% but greater than 1.5%, additional facilities shall be provided consisting of a minimum of a 6-inch diameter sump pump collector system. Where the grade is less than l.5% but greater than 1.0%, additional facilities shall be provided consisting of a storm sewer system capable of handling storm water runoff as described in Chapter 15.12(7)d. No new drainage way shall be designed at less than 1.0% grade.

Minor drainage system facilities shall be provided with a french drain system located below the ditch invert consisting of a 6-inch minimum diameter perforated tile, gravel and drainage filter fabric envelope. This underdrain system shall be designed to accommodate the flows from sump pump discharge from adjacent properties. This drain system shall also be designed to discharge with a free fall to an open drainage way.

Major drainage system facilities shall be provided with a similar french drain system located below the ditch invert or shall have a concrete paved invert of sufficient size and capacity to convey the required runoff volume.

(d) Ditch Lining

All ditches not having a concrete paved invert section shall be dressed with a minimum of 3-inches of top soil, carefully graded to the established line and elevations.

(e) Seeding

The seed bed shall be prepared by raking to remove lumps, stones, rocks and debris. The seed shall be composed of seeds of the purity, germination and proportions, by weight, as given below:

TABLE OF SEED MIXTURES

Seed Mixtures

Min., % Min., % No. 1, No. 2,

Species Purity Germination % %

Kentucky Bluegrass 85 80 45 20

Creeping Red-Fescue 97 80 35 55

Perennial Ryegrass 95 90 5 10

White Clover 95 90 15 ---

Empire Birdsfoot Trefoil 95 80 --- 15

Seed Mixture No. 1 is intended for use on projects where average loam, heavy clay or moisture soils predominate. Seed Mixture No. 1 shall be sown at a rate of 1-1/2 pounds per 1,000 square feet. Seed Mixture No. 2 is intended for use on projects where light, dry, sandy or gravelly soils predominate. Seed Mixture No. 2 shall be sown at a rate of 2 pounds per 1,000 square feet.

In areas where the soils are potentially highly erosive, the Town Board may require a specially designed seed mixture and seeding rate as recommended in 630.2.1.5.1.2 of the State of Wisconsin Department of Transportation Standard Specifications for Road and Bridge Construction, latest Edition.

(f) Mulching

All seeded areas must be mulched. Mulching material shall consist of any straw or hay in an air condition or wood excelsior fiber, wood chips or other suitable material of a similar nature which is substantially free of noxious weed seeds and objectionable foreign matter.

Mulch shall be placed on a given area within three (3) days after the seeding has been completed. The mulching material shall be uniformly spread over the seeded areas to a loose depth of no less than 1-inch.

In ditches which will be especially susceptible to erosion, the Town Engineer may order the use of excelsior mat or jute netting over seeded areas.

(g) All open drainage ways and culverts shall be designed to convey the runoff generated from a twenty-five (25) year return frequency rainfall event as required to meet the provisions of the Surface Water Drainage Section of Winnebago County Zoning Ordinance.

(7) Drainage Piping System

(a) Culvert Pipes

All drainage piping shall be no smaller than 15-inches in diameter. All drainage piping located beneath or crossing a Town roadway shall be constructed of Class 3 reinforced concrete unless the depth of cover is less than 2-feet where the pipe shall be Class 5 reinforced concrete. Prefabricated end sections shall be provided at the ends of all culvert pipes. In areas of high susceptibility of erosion to the embankment at the ends of the culverts, the Town Engineer may order the use of rip-rap, headwall or slope paving at the ends of the culvert. All culverts shall be a minimum of 40-feet in length. The culvert length shall be increased as is necessary to provide a stable embankment slope of no steeper than two (2) (horizontal) to one (1) (vertical).

(b) Storm Sewer

Storm sewers shall be constructed per the requirements as set forth in the Standard Specifications for Sewer & Water Construction in Wisconsin, Fourth Edition, March 1, 1980. All storm sewer pipe shall be one of the following materials:

- Reinforced concrete for all sizes

- PVC SDR 3S for sizes less than 15-inches

- ABS truss pipe for sizes less than 15-inches

(c) Protection

Open drainage piping and culverts with any opening dimension in excess of 18-inches shall be equipped with debris grates having an exposed area of at least 18-inches, shall be equipped with debris grates having an exposed area of at least five (5) times the pipe opening area to avoid backwater accumulations from trash buildup and unsafe stream velocities and a maximum opening size of 6-inches. Drainage piping outfalls with any opening dimension in excess of 36-inches shall be protected from unauthorized entry by fencing, partial or total submergence of the outlet, debris grates or other methods approved by the Town Engineer unless in such a location as to render routine maintenance operations impossible. Outfalls and their channels shall be protected from damages due to scour and erosion to the satisfaction of the Town Engineer.

(d) All underground storm sewer systems shall be designed to convey the runoff generated from a ten (10) year frequency rainfall event. In addition, there shall be provisions within the design layout of the subdivision or area to be serviced by this storm sewer for the conveyance of the runoff volume in excess of the ten (10) year return frequency rainfall event so as to provide protection of major structures, building and roadways from flooding and ponding in excess of 2-feet.

(8) Disruption of Drainage

(a) It shall be unlawful for any person, firm, corporation or public utility to fill or obstruct any ditch alongside a Town road, any drainage easement or any creek, stream, river or canal with any dirt, debris or construction, without prior written approval of the Town Board.

(b) It shall be unlawful for any person, firm, corporation of public utility to landscape, cultivate, plow or remove soil from their property in such a manner as to obstruct or fill any ditch, drainage easement, creek, stream, river or canal without prior written approval of the Town Board.

(c) Any person, firm, corporation or public utility who fills or obstructs or causes to be filled or obstructed any ditch, drainage easement, creek, stream, river or canal in violation of (a) or (b) above shall, on written order from the Street Department, correct such violation and restore the affected ditch, drainage easement, creek, stream, river or canal at their own expense. If corrective and restorative action is not commenced within ten (10) days after receipt of such written order or completed within such reasonable time as the Street Department shall specify in writing, the Town of Menasha may proceed with such work as is necessary for said corporation and restoration may charge the costs of the work to the violator, to be collected through legal action or the levying of a special tax or assessment.

(d) Failure to comply with the provisions of this section shall constitute a public nuisance.

(e)Any person, firm, corporation or public utility violating the terms of this section shall be guilty of a violation and upon adjudication to that effect, shall be subject to a forfeiture of not less than fifty & no/100 dollars ($50.00) nor more than one hundred & no/100 dollars ($100.00) and in default of payment of such forfeiture, shall be subjected to imprisonment in the county jail for not less than ten (10) days nor more than thirty (30) days.

  1. STREET TREES WITHIN ROAD RIGHT-OF-WAY

(1) This ordinance shall regulate the placement of trees within the road right-of-way within the Town of Menasha. All provisions of Town Ordinance Section 8.03 are incorporated herein at length by reference as if set forth fully herein. [Adopted 7/12/93]

(2) Town Ordinance Section 15.035, Ditch Maintenance, is incorporated herein at length by reference as if set forth herein.

(3) "Street trees" are defined as any and all trees, shrubs, bushes and all other woody vegetation growing or to be planted between property lines on either side of all streets, avenues, boulevards, alleys or other public right-of-ways within the Town of Menasha.

(4) No street trees shall exist, be planted or be placed upon any portion of the Town of Menasha Town road right of way in any development which does not have storm sewer. In addition, no street tree shall exist, be planted, or be placed within any ditch in the Town of Menasha.

(5) No street trees shall exist, be planted or be placed closer than four (4) feet from any curb, street pavement edge and/or sidewalk of any Town road within the Town of Menasha in any development which has storm sewer. In storm sewer developments only, street trees shall be allowed to be planted, placed or exist within any other portion of the street right-of-way, except for the four (4) feet area described above; however, the following conditions shall apply to all such trees:

(a) The following street trees shall not be planted: Catalpa, Chinese Elm, White Poplar, Lombardy Poplar, Gingkobiloba, or any fruit tree.

(b) The following street trees shall be allowed to be planted, placed or exist within the Town right-of-way:

LOCUST Continental Honey Locust, Skyline Honey Locust, Shademaster Honey Locust, Imperial Honey Locust, Halka Locust

MAPLE Columnar Norway or Erectum Maple, Emerald Queen Maple, Cleveland Maple, Red Sunset Maple, Bowhall Maple, Sugar Maple, Crimson King Maple, Schwedler Maple, Jade Glen Maple, Summershade Maple, Superform Maple, Royal Red ,Maple, Green Mountain Maple, Parkway Maple

ASH Hackberry, Autumn Purple Ash, Summit Ash, Marshall Seedless Ash, Patmore Ash, Rosehill Ash, Bergeson Ash

LINDEN Redmond Linden, Littleleaf Linden, Greenspire Linden, Sentry Linden, June Bride Linden, Glenleven Linden

OAK Pin Oak, Red Oak

NUT All Nut Trees

(6) The owners of all street trees within the Town of Menasha right-of-way as described herein, shall be solely responsible for the trimming and maintenance of the street trees within the right-of-way at the sole cost of the owner, Furthermore, the owners of all street trees within Town right-of-way shall be liable for any and all damage, personal injury, or injuries resulting to property or person caused in any fashion by the street trees within the Town of Menasha right-of-way, and the property owner of the street trees shall hold harmless and indemnify the Town of Menasha from any and all liability whatsoever.

(7) Spacing of all street trees within Town right-of-ways shall be as follows:

(a) All trees shall be faced a minimum of forty (40) feet from one another.

(8) No street tree shall be planted, placed or exist within any portion of the Town right-of-way until such time that the property owner has obtained an approved Street Tree Permit. Applications for Street Tree Permits shall be made to the Town Clerk. The application shall be reviewed and approved by the Town Street Superintendent prior to the issuance of a Street Tree Permit. The Street Tree Permit shall be issued by the Street Superintendent.

(9) No street tree shall be planted closer than thirty-five (35) feet from any street corner measured from the point of the nearest intersecting curbs, curb lines or pavement edges. No street tree shall be planted closer than ten (10) feet from any fire plug. No street tree shall be planted within ten (10) lateral feet of any overhead utility wire or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.

(10) It shall be unlawful to attach any wire or rope to any street tree within the Town right-of-way without the permission of the Town Street Superintendent. Furthermore, it shall be unlawful to attach any sign, advertisement or notice to any street tree on any Town right-of-way.

(11) The Town shall have the right to plant, prune, maintain or remove any street trees located within the Town right-of-way at the Town's sole discretion for the general protection of the Town residents and to maintain the safety, welfare, and best interests of the Town of Menasha residents. The Town may remove or cause or order to be removed any street tree which is in an unsafe condition or which by reason of its nature is potentially dangerous and injurous to sewers, electric power lines, gas lines, water lines or other public improvements, or is infected with any disease or insects, and shall order the property owner to remove the unsafe condition. In the event the property owner fails or refuses to remove the unsafe condition within thirty (30) days of notice of the Town of Menasha, then the Town shall have the right to remove the unsafe condition at the sole cost and expense of the owner, and in the event the owner refuses or fails to pay the cost or expense, the Town may attach as a special assessment the cost or expense to the owner's real estate property as a special assessment.

(12) All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

(13) Any person, firm, corporation, partnership or any other entity violating any provision of this ordinance shall be fined not less than $50.00 nor more than $500.00 for each offense committed on each day, which said each day shall be a separate violation, plus costs of prosecution, and in default of payment of such forfeiture and cost, shall be imprisoned in the County jail until said forfeiture and cost of prosecution are paid but not to exceed 30 days.







Exhibit to 15.10(7)(f), 15.10(8)(f)

TOWN OF MENASHA

SUBDIVISION IMPROVEMENT AGREEMENT

WAIVER OF SPECIAL ASSESSMENT PROCEEDINGS

This Agreement entered into effective the day of _____ , 19 ___ by and between the Town of Menasha, a Wisconsin Municipal Corporation, located in Winnebago County, Wisconsin, hereinafter called the "Town", and, __________________________________ , the owner of real estate being subdivided by Preliminary and Final Subdivision Plat (or certified survey map) within the Town, hereinafter called the "Owner".

15.14 HEAVY TRAFFIC ROUTES

(1) Definitions. The following definitions shall apply to this section:

(a) Heavy Traffic: Heavy traffic means all vehicles not operating completely on pneumatic tires and all vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a cross weight of more than 6,000 pounds.

(b) Street or Highway: Street or highway means any town road located in the Town of Menasha.

(c) Highway: Highway means any town road located in the Town of Menasha; highway also means all public ways and thoroughfares, including alleys, which are town roads located in the Town of Menasha.

(2) Statutory Limits on Establishing Heavy Traffic Routes. Pursuant to Section 349.17(l), Wis. State Stats., the Town of Menasha may not place any heavy traffic route restrictions on streets or highways over which are routed state truck highways, and may not prohibit heavy traffic from using a street or highway for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such street or highway.

(3) All streets or highways which are designated as heavy traffic routes shall have appropriate signs giving notice the street or highway is a heavy traffic route.

(4) Heavy Traffic Routes: All vehicles which are defined as "heavy traffic" in this ordinance shall be allowed to use the following streets and highways which said routes shall be designated as "Heavy Traffic Routes". All vehicles which are defined as "heavy traffic" are prohibited from using any streets or highways in the Town of Menasha which are not specifically designated as "Heavy Traffic Routes" as described below. The following streets and highways are hereby designated as "Heavy Traffic Routes" which shall allow heavy traffic use:

Airport Road, between Appleton Road (STH 47) and Racine Road (CTH P)

American Drive, from W. Prospect Avenue (CTH BB) to Copperhead Drive

West American Drive, from Copperhead Drive to CTH "CB"

Calumet Street, between S. Oneida Street and Memorial Drive (STH 47)

Ehlers Road, from Green Bay Road to North Lake Street

Green Bay Road, from North Street (CTH O) to American Drive

Winchester Road, from Green Bay Road to North Lake Road

North Lake Street, from Town/City line to Ehlers Road

(5) Penalty. Any person adjudged in violation of any provision of this ordinance shall forfeit not less than $100.00, nor more than $1,500.00 for each violation per day plus all costs of prosecution. Each violation shall constitute a separate offense. In addition, in default of the forfeiture and cost of prosecution, or either of them, such convicted person shall be committed to and confined within the County Jail of Winnebago County, Wisconsin, until such fine and cost of prosecution are paid, but not to exceed 60 days.

15.15 ACCESS RESTRICTION

(1) Definitions. The following definitions shall apply to this section:

(a) Access: Access means driveways, parking, lots or other connections to public roads from a lot or parcel that can be used by motorized vehicles.

(b) Access Restriction: Access restriction means prohibiting driveways parking lots or other connections to public roads from a lot or parcel that can be used for access by motorized vehicles.

(2) Lots and Parcels with Restricted Access.

(a) Lots 1 - 8 of Block 2, Little Butte Plat Number 2, shall be restricted from access to North Lake Street (CTH "PP").

(b) All lots adjacent to American Drive from Mill Pond Drive west to the West Side Arterial (CTH "CB").

Exhibit to Section 15.10(4)

STREET LIGHTING POLICY

Adopted May 24, 1982 / Amended February 24, 1992

PURPOSE: The intent of this policy is to insure that the current, and succeeding, members of the Town of Menasha Plan Commission and Board of Supervisors are guided by a uniform set of standards which will insure public safety in the most cost effective manner.

SCOPE: This policy shall encompass all areas within the Town of Menasha at the time of adoption of the policy, and shall be applicable to the installation, removal, or relocation of street lights.

STANDARDS:

(1) Street lights affected by this policy shall have as their only purpose, to adequately illuminate the public streets of the Town. The owners of private driveways and streets shall be responsible for their own lighting.

(2) The placement of street lights shall, to the greatest extent practicable, be governed by the following classification system:

Class 0 - Private Streets/Driveways Intersecting Public Right Of Way.

Class 1 - Local Street Used By Abutting Owners.

Class 2 - Through Street, Mainly For Local Use.

Class 3 - Through Streets With Heavy Outside Traffic.

Class 4 - Frontage Roads.

Class 5 - County Highways.

Class 6 - State and Federal Highways.

Example: A Class 1 street intersecting a Class 3 street would be assigned the number 31. Similarly, a Class 2 intersecting a Class 3 would be numbered 32. All other things being equal, the 32 would take precedence.

If more than one request is received and the numeric classification is identical, then all of the following shall be considered:

A. Age of subdivision (from date of final approval).

B. Density of development within 1/4 mile.

C. Proximity to high traffic generating uses such as schools, parks, businesses, etc.

D. Occurrence of accidents.

For the purpose of this section, on any street having a curve of at least 45, the curve shall be considered an intersection for lighting purposes provided that proper signing has been previously instituted.

(3) Cul-de-sacs or dead end streets shall have the lowest priority for lighting unless an exceptionally hazardous situation exists. It is the intent of this subsection to make note of the fact that these streets are normally designed to discourage through traffic, and proper signing should be instituted prior to lighting.

Page -2-

Street Lighting Policy

(4) For all new developments, all street lights shall be installed at the time the street is constructed. Furthermore, street lights shall be installed in accordance with the Town Street Lighting Policy and in accordance with all applicable Town ordinances.

(5) The placement of street lights in mid-block shall normally be discouraged except in business areas where such placement may be necessary due to high traffic counts. The mid-block placement of street lights on streets over one block in length shall have the lowest priority for lighting.

(6) Decorative street lights, including decorative poles and/or fixtures, shall be allowed in the Town of Menasha, upon Town Board approval, all in accordance with Town ordinances as set forth in the Town of Menasha Municipal Code. Furthermore, decorative street lights within a development in the Town of Menasha shall only occur in the event there is a Street Light Agreement Hold Harmless and Indemnification Agreement signed by the Town and Owners within the development. This Street Light Agreement Hold Harmless and Indemnification Agreement shall provide, in part, that the owners of all lots in the development shall be liable and pay the difference between decorative street light electrical meter charges and standard non-decorative street light electrical meter charges, on a pro rata by lot basis. Furthermore, this Street Light Agreement referenced herein shall provide Owners shall be liable and shall pay for the cost of bulbs, repairs, maintenance and all replacement costs for decorative street lights, which said costs exceed the costs of standard non-decorative street lights. All other provisions of the Street Light Agreement shall be as set forth and required by the Town Board.

PROCEDURE: The procedure concerning all street lights within the Town of Menasha all be as follows:

(1) All requests for all street lights within the Town of Menasha shall be made in writing and shall be provided to the Town Clerk and Town Planner.

(3) The Town Planner shall review all street lighting requests and make a recommendation to the Town Board.

(4) The Town Administrator shall place the street lighting request on the next Town Board agenda.

(5) The Town Board shall review the street lighting request, taking into account all budgetary considerations, and either approve or disapprove the street lighting request.

(6) Upon approval of the street light request by the Town Board, then the Town Administrator shall request the applicable contracts from Wisconsin Electric Power Company for consideration of approval by the Town Chairman.

Exhibit to Section 15.10(7)(f) and 15.10(8)(t)

TOWN OF MENASHA

SUBDIVISION IMPROVEMENT AGREEMENT

WAIVER OF SPECIAL ASSESSMENT PROCEEDINGS

This Agreement entered into effective the _______ day of ___________ , 19_____ ,by and between the Town of Menasha, a Wisconsin Municipal Corporation, located in Winnebago County, Wisconsin, hereinafter called the "Town" and ___________________________ , the owner of real estate being subdivided by Preliminary and Final Subdivision Plat (or Certified Survey Map) within the Town, hereinafter called the "Owner.

1. The legal description of the subdivision Final Plat, or legal description of the Certified Survey Map properties, affected by this Agreement, are as set forth as Exhibit A attached.

2. Said Owner, for himself/herself, or for itself, for heirs, successors and assigns, agrees with the Town that all real estate set forth at Exhibit A attached, shall be assessed by the Town, for final street paving costs.

3. Town and Owner agree that this Document, when executed, and when recorded with the Register of Deeds, for Winnebago County, shall constitute a waiver, by the owner, by the heirs, successors and assigns of the Owner, said waiver authorizing the Town to proceed and accomplish all final street paving, and to assess the costs to abutting property owners (see Exhibit A); and, there shall be no requirement for a Preliminary Resolution, Notice of Public Hearing, Public Hearing, or Final Resolution. All such special assessments, by waiver, are deemed correct, and property imposed pursuant to Wisconsin's Law.

  1. The Town shall collect said special assessments by cash or installments payments as then determined by the Town.

TOWN OF MENASHA: OWNER:

By: ___________________________________ By: ___________________________________

______________________ ,Town Chairman ___________________________ , President

By: ___________________________________ By: ___________________________________

_________________________ , Town Clerk ___________________________ , Secretary

STATE OF WISCONSIN)

)ss.

WINNEBAGO COUNTY)

Subscribed and sworn to before me this _________ day of __________________ , 19 ______.

By: ___________________________________

________________________ , Notary Public

This instrument drafted by: My Commission Expires: __________________

Town of Menasha

2000 Municipal Drive

Neenah WI 54956-5665

Exhibit to Section 15.10(7)(f) and 15.10(8)(f)


EXHIBIT A

TOWN OF MENASHA

SUBDIVISION IMPROVEMENT AGREEMENT

WAIVER OF SPECIAL ASSESSMENTS PROCEEDINGS



(Real Estate Description of Final Plat or

Certified Survey Map, for recording purposes)

Exhibit to Section 15.10(8)(h)

PRE-QUALIFICATION STATEMENT

Submitted To:_____________________________ Date Filed:__________________________________

Project: _________________________________ Project No. __________________________________

NOTE: If the municipality, board, public body or officer is not satisfied with the sufficiency of the answers to the questionnaire and financial statement, the bid may be rejected or disregarded or additional information may required (Section 66.29(4), Stats.).

Complete all of the following items; if not possible, print N/A.

1. Business Name: __________________________________________________________________

Address: ________________________________________________________________________

(Street/P.O. Box) (City/State/Zip Code)

Telephone Number: (____) ______________ Contact Person: _______________________________

2. Type of Organization (check one): ______ Corporation ______ Partnership

______ Individual ______ Joint Venture

______ Other _______________*

*(If "Other", attach brief statement describing organization.

3. When Organized? _______________________________________________________________

4. If a Corporation, when and where Incorporated? _______________________________________

5. Attach a statement listing the corporate officers, partners or other principal members of your organization. Detail the background and experience of the principal members of your personnel, including the officers.

6. How many years has your organization been engaged in the contracting business under the present firm name?_____________________________________________________________________

7. General character of work performed by your firm: ____________________________________

8. Attach a list of contracts on hand, for both public and private construction, include for each contract the class of work, the contract amount, the percent completed, the estimated completion date and the name and address of the owner or contracting officer.

  1. Has your organization ever defaulted an a contract or failed to complete any work awarded to it? ______ If YES, attach a statement explaining where and why.

PQ-l

10. Has any officer or partner of your organization been an officer or partner of some other organization within the past five (5) years that failed to complete a construction contract during that period? If YES, attach a statement indicating the name of the individual, other organization and reason thereof.

11. Has any officer or partner of your organization within the past five (5) years failed to complete a construction contract handled in their own name? If YES, attach a statement indicating the name of the individual, name of owner and reason thereof.

12. Has your organization, any of its owners, a subsidiary or corporate parent, or any officer or director thereof, been convicted in the last three (3) years of violating Section 133.03, Wis. State Stats. (Unlawful Contracts: Conspiracies)? _________ If YES, indicate:

Date: _________________________________________________

Claimant: ______________________________________________

Claimant's Mailing Address: _______________________________

Attach a statement reciting the particulars of such violation(s).

13. Attach a list of the major projects your organization has completed within the past three (3) years, including for each Project the class of work, the contract amount, the completion date, and the name and address of the owner or contracting officer.

14. Attach a list of the major equipment which is available to your organization for the proposed work.

15. Attach a statement of your organization's experience in the construction of work similar in nature and importance to this project.

16, Credit Available: __________________________________________________________________

Attach a letter from your bank(s) or other financial institute(s) advising line of credit up for your organization.

17. Name of banding company and name, address and telephone number of agent.

18. Financial Statement:

Condition at close of business on ________________ , 19 _______ .

Cash: $ _________________________________

Accounts Receivable: $ _________________________________

Real Estate Equity: $ _________________________________

Materials in Stock: $ _________________________________

Equipment, Book Value: $ _________________________________

Furniture & Fixtures, Book Value: $ _________________________________

Other Assets: $ _________________________________

Total Assets $ _________________________________

PQ-2

Liabilities

Accounts, Notes & Interest Payable: $ ____________________

Other Liabilities: $ ____________________

Total Liabilities: $ ____________________

19. Additional information may be submitted if desired.

Dated this _______ day of ____________ , 19 ________ .

Name of Organization: ____________________________

By: ____________________________________________

(Signature)

Name: __________________________________________

(Please Print or Type)

Title: ___________________________________________