The Town Board of the Town of Adams does hereby ordain as follows:

SECTION 1 — PURPOSE. The purpose of this ordinance is to regulate the establishment, construction, improvement, modification or reworking of a driveway to assure that the site, method of construction, and conservation practices used will promote the public health, safety and general welfare of the community.

SECTION 2 — AUTHORITY. The Town Board has specific authority under Wis. Stats. 66.0425 and 86.07 to adopt a Town highway access permit ordinance, and has the general authority under its village powers under Wis. Stat. 60.22 to adopt this ordinance.

SECTION 3 — PERMIT REQUIRED.

1. No driveway shall be established or constructed without a permit as provided in this ordinance. Reconstruction or modification of existing driveways require a permit as provided in this ordinance if any of the following occur:
   1. Alteration of the centerline of the driveway by ten feet or more.
   2. Alteration of the length of the driveway resulting in a driveway that is 300 feet or more in length.
   3. Alteration of the width of the surface of the existing driveway if prior to modification/reconstruction the width is less than 12 feet or 20 feet at the road edge.
   4. Alteration of the slope of any driveway that had a slope of 10% or more prior to modification/reconstruction.
   5. Alteration of the slope of a driveway, which results in a slope of 5% or more.
   6. Change or alteration of the driveway’s access to the road right of way.
2. The Town Board shall approve a form for application for the construction permit, which shall be available from the Town Clerk or from the Town website.
3. Before a permit application can be approved, a field inspection shall be made by a designated town official in the company of the applicant. The applicant may waive attending the inspection. The official performing the field inspection shall make his or her recommendation to the Town Board for consideration in approving the application.
4. A permit is issued upon the Town Board or its designated representative’s approval of an application that demonstrates that the proposed driveway will meet the requirements of this ordinance. For agriculture access driveways only portions within the highway setback will be subject to provisions of this ordinance.
5. The applicant for a driveway shall submit a completed driveway permit application to the Town Clerk for each driveway with the appropriate fee and with enough detail to allow making of an informed decision to ensure the submission demonstrates compliance with the following:
   1. A minimum driveway width of 12 feet, with a minimum width of 20 feet at the road edge.
   2. A surface depth of at least 4 inches of gravel/stone as surface material sufficient to accommodate safe access of public safety vehicles and equipment.
   3. The driveway area within public right-of-way shall slope away from the public road. If the driveway must slope towards the road, it shall be crowned to direct drainage into the ditch rather than onto the highway surface.
   4. Culverts may be required as a result of the field inspection. Where required, the inspection shall identify the minimum size required. The landowner will be responsible for all the costs associated with purchasing, installing and maintaining any required culverts.
6. If the Town does routine road maintenance and ditch drainage maintenance that requires the placement or replacement of a culvert at a landowner’s road entrance, the land owner will not be required to apply for a driveway permit, provided the work is done under the supervision of the Town Board or its designated representative. The landowner will be responsible for the cost of the culvert and its installation.
7. In the case of a major road reconstruction, the Town will return all driveway entrances to a usable condition. The landowner will have one year to claim their entrance needs more work. After that year period, the landowner will have to apply for a driveway permit and pay for all work done.

SECTION 4 — PENALTY PROVISION. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall be responsible for a forfeiture of not less than $50 nor more than $100, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the Town Board may seek injunctive relief from a court of of record to enjoin further violations. Any driveway removed from the Town Right of Way shall be at the owner’s expense.

SECTION 5 — SEVERABILITY. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

SECTION 6 — EFFECTIVE DATE. This Ordinance is effective the day after proper publication or posting by the Clerk as required under Wis. Stats. 60.80, and posting of applicable signs.

View the PDF version here: Driveway Ordinance-2024-01
Driveway excavation permit application