Chapter 4: Roads and Public Works
4.01 LANDOWNER'S EXPENSE
The expense of all new highway dedication, including purchase of lands therefor, preparation and construction, including the initial black-top thereof, shall be borne by the landowner.
4.02 VIEWING PROPOSED HIGHWAYS
Any person intending to dedicate to the Town any new highway shall first notify the Town Board thereof in writing and an on-the-site meeting of the applicant and the Town Board will be had, after which the Town Board shall make recommendations as to the location and extent of said proposed highway.
4.03 DESCRIBING PROPOSED HIGHWAYS
All applicants making application to dedicate a public Town highway must submit to the Town Board a complete legal description, including a survey and scale map of the proposed highway and land development by way of subdivision, preliminary plat or certified survey. Applications for highway dedication shall be in accordance with Chapter 80, Wisconsin Statutes, a part of a legal plat or certified surveyor by legal deed or road conveyance as approved by the Town Board.
4.04 STANDARDS OF ROAD CONSTRUCTION
All roads will be constructed in accordance with the requirements and specifications of law and the order of the Town Board, which will be generally the construction requirements used by Dane County in constructing county highways. The construction of the road will take into consideration the suitability and position of culverts for cross road drainage. The Town Board shall determine the standard of road bed condition and the time when same will be surfaced and covered with hot-mix asphalt, which shall be applied in accordance with State of Wisconsin specifications.
4.05 RELEASE OF DAMAGES
All applications for dedications of highways shall be accompanied by a release of damages from the landowner over which the road is to be dedicated and the applicant shall prepare all legal documents, necessary orders for signature by the Town Chair and Clerk, along with any and all necessary documents for filing and recording, the cost of which shall be borne by the applicant.
4.06 COMPLETION OF HIGHWAY- BONDING
Prior to the approving of any plat~ certified surveyor dedication of any highway, the applicant shall either first complete said highway construction to the satisfaction of the Town Board for all or part of said construction or post a bond in an amount to be determined by the Town Board, furnished by a responsible bonding company, guaranteeing the Town sufficient money to pay the current cost of completing said highway, including the hot-mix black-topping of same. In lieu of the requirement of posting bond, the applicant may deposit cash or an irrevocable letter of credit, approved by the Board, with the Town Treasurer.
4.07 REGULATION OF PRIVATE SNOW REMOVAL
No person shall allow snow or ice which is removed from private property or from public property which a private property owner has the obligation to clear (private removal area), to be deposited in the public ways or in areas expected to be cleared or which are ordinarily cleared by the Town of Dunkirk (municipal removal area). Any blowing, throwing, pushing, carrying or otherwise depositing snow or ice from a private removal area onto a municipal removal area without immediately removing the said snow or ice from such municipal removal area shall constitute a violation of this ordinance. Owners of private property within the Town shall be responsible for ensuring that snow or ice from their private removal areas is disposed of in accordance herewith.
4.08 PENALTY
Violators of this section shall be subject to a Class B forfeiture as set forth in Chapter 17 of this code.
4.09 IMPOSITION OF SPECIAL ASSESSMENT
In addition to the forfeiture provided for above, if any owner of a private removal area deposits or permits the deposit of ice or snow from such area onto a municipal removal area without immediately removing the same, the Town Road Supervisor may cause the said snow or ice to be removed by the Town. Upon such removal the Road Supervisor shall report the cost thereof to the Town Clerk. Pursuant to § 66.62 Wis. Stats., the cost of such removal(s) shall be deemed to be a public work or improvement and a benefit to the property on which the snow or ice originated. The Town Clerk shall charge said cost as a special assessment against such property. Whenever the Town Clerk determines to make such special assessment, he or she shall provide written notice of such intent to the affected property owner and said owner shall have ten (10) days from the date to seek a hearing before the Town Board relative to such special assessment.
