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Chapter 79: County Trunk Highway Access Control

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79.01 – 79.026(1) CHAPTER 79 highways. The purpose of this chapter is to COUNTY TRUNK HIGHWAY promote the safe and efficient ingress and ACCESS CONTROL egress to county trunk highways in the interest of public safety, convenience and general welfare; SUBCHAPTER I to protect the public investment in highways by 79.01 Purpose and Intent. preventing premature functional obsolescence; 79.02 Authority. to reduce highway accidents caused by frequent 79.024 Delivery of Notices, Orders and and poorly designed points of access; to Decisions. promote the balanced use of land for the mutual 79.025 Penalties. protection of land owners, motorists and Dane 79.026 Enforcement. County; and to enhance the highway 79.027 Additional Enforcement. appearance for making highway travel more 79.03 Title. pleasant. 79.04 Definitions. [History: am., OA 30, 1997-98, pub. 03/17/98, eff. 79.05 Jurisdiction in Unincorporated Areas. 05/01/98.] 79.06 Jurisdiction in Other Areas. 79.07 Compliance with Ordinances, 79.02 AUTHORITY. This chapter is adopted Regulations and Plans. under the authority of ss. 83.015(2), 83.07 and 79.08 Right of Access. 86.07, Wis. Stats. 79.09 Access Authorization. [History: am., OA 30, 1997-98, pub. 03/17/98, eff. 05/01/98.] 79.10 Vacation. 79.11 Existing Points of Access. 79.024 DELIVERY OF NOTICES, ORDERS 79.12 Change of Use. AND DECISIONS. Any notice, order or decision 79.13 Standards of Specific Provisions. 79.14 Administration. required by any provision of subchapter I shall 79.145 Highway Access For Special Events: be delivered to the affected person(s). Delivered Permit Required means delivery in person, or delivery by deposit with the U.S. postal service of certified mail, 79.15 Controlled Access Highways; Fees. [79.16 - 79.29 reserved.] addressed to the recipient at the recipient's last known address. If delivery is by certified mail, delivery shall be deemed completed on the date SUBCHAPTER II of mailing and the use of mail service shall not 79.30 Regulations Applicable To General increase the time allowed to act in answer to or Access Highways. in consequence of such delivery. 79.31 General Access Highway Fees. [History: cr., OA 30, 1997-98, pub. 03/17/98, eff. 05/01/98.] 79.32 General Access Highway Fees; Continued. 79.025 PENALTIES. (1) Any person violating [79.33 - 79.49 reserved.] any provision of this chapter shall forfeit not less 79.50 Regulations Applicable to Agricultural than Fifty Dollars ($50) nor more than Two Commercial Vehicles and Implements Hundred Dollars ($200) for each day that a of Husbandry. violation exists. Each day that a violation exists 79.51 Definitions. shall constitute a separate offense. 79.52 Permit Required. (2) Any person who has the ability to pay any 79.53 Administration. forfeiture entered against him or her under this 79.54 Enforcement. chapter but refuses to do so within thirty (30) 79.55 Penalties. days after judgment is entered may be confined [79.56 - 79.99 reserved.] in the Dane County Jail until such forfeiture is paid, but in no event shall the confinement [History: cr., sub nom. Ch. 30, 07/15/71.] exceed thirty (30) days. State Law Reference: Section 83.027, Wis. Stats. [History: renum. from 79.20, OA 30, 1997-98, pub. 03/17/98, eff. 05/01/98; (1) am., OA 21, 2003-04, pub. SUBCHAPTER I 12/03/03, eff. 01/01/04.] 79.01 PURPOSE AND INTENT. In general, this 79.026 ENFORCEMENT. (1) The corporation chapter provides for the review and approval of counsel shall prosecute all violations of this proposed new points of access onto county trunk chapter upon request of the agency or the department. Page 79-1 rev. 013115 79.026(2) – 79.04(8) (2) In addition to an action to collect a 79.03 TITLE. (1) This chapter shall be known forfeiture, the corporation counsel is directed to as, referred to, or recited as the County of Dane seek an injunction in any case deemed County Trunk Highway Regulations. appropriate after consultation with the (2) Sections 79.05 through 79.29, inclusive, department, to enforce this ordinance. shall be known as subchapter I. Unless [History: renum. from 79.21, OA 30, 1997-98, pub. otherwise stated, subchapter I applies only to 03/17/98, eff. 05/01/98.] controlled access county trunk highways. (3) Sections 79.30 through 79.49, inclusive, 79.027 ADDITIONAL ENFORCEMENT. (1) It shall be known as subchapter II. Unless shall be unlawful and a violation of this ordinance otherwise stated, subchapter II applies only to for any landowner, either directly or through general access highways which are part of the action of any tenant or other user of lands, to county trunk system. alter the contour of the lands abutting controlled [History: (1) am. and (2) and (3) cr., OA 30, 1997-98, pub. access highways in such a manner as to permit 03/17/98, eff. 05/01/98.] vehicular access from adjacent lands to a controlled access highway without first obtaining 79.04 DEFINITIONS. For the purpose of these all permits required by this ordinance. regulations, certain words or phrases used (2) The department is authorized to issue an herein are defined as follows: order, upon its determination that a violation of (1) Access shall mean a point where a private the provisions of subsection (1) above has driveway or road or town road connects to a occurred, requiring the landowner to remove any county trunk highway. such alteration by a date certain which shall in (2) Adoption date shall mean the date that a any event be at least 20 days from the date of specified county trunk highway became subject delivery of the notice. to the provisions of subchapter I. (3) Any order issued pursuant to subsection (3) Agency shall mean the Dane County (1) above may be appealed to the agency by Transportation Committee. filing a written notice of appeal, within 10 days of (4) Average daily traffic or ADT means the the date of delivery of the removal notice, with average number of vehicles passing over a given the department. The agency shall set a time and point in a 24 hour period. The number may be place for considering the appeal, which shall in determined by actual counts or by estimates any event be at least 20 days from the date of based on available data. For purposes of this receiving the notice of appeal, and shall provide chapter, the ADT shall be made or calculated at notice of the appeal date, time and location to a point on the connecting road within 100 feet of the appellant. The person subject to the order its intersection with a county trunk highway. shall have the right to appear and contest the Connecting road as used in this subsection order and to present evidence and witnesses on means any driveway or road, public or private, his or her behalf. If the agency sustains the for which an access permit is required under this order, the person subject to the order shall chapter. remove the alteration by the date set forth in the (5) Controlled access highway shall mean a decision which shall in any event be at least 20 highway on which the traffic is such that the days from the date of delivery of the agency's county board has found, determined and decision to the person. declared it to be necessary, in the interest of (4) If the person subject to the order shall public safety, convenience and general welfare refuse to comply with the order, the department to regulate entrance upon and departure from may request the corporation counsel to seek a the highway or street except at places court order allowing the department to remove specifically designated and provided for such the alteration and billing the costs thereof to the purposes, and to exercise special controls over landowner. In addition to such relief, any person traffic on such highway or street. violating the removal order shall forfeit not less (6) Department shall mean the Dane County than $50 nor more than $200 for each day of Highway and Transportation Department. refusal or neglect to obey any such order beyond (7) General access highway shall mean a the date set forth in the order or the date the county trunk highway which is not a controlled notice was actually or constructively received, access highway. whichever is later. (8) Mile shall mean a mile measured to include [History: renum. from 79.22 and (2) and (3) am., OA 30, 1/2 mile in either direction from each particular 1997-98, pub. 03/17/98, eff. 05/01/98; (4) am., OA 21, 2003- point of access under consideration. 04, pub. 12/03/03, eff. 01/01/04.] Page 79-2 rev. 013115 79.04(9) – 79.05(30) (9) Parcel shall mean contiguous lands under (15) ID From the western County line to the control of a developer(s), not separated by the intersection with S.T.H. 78 in streets, highways or railroad rights-of-way, Section 10 & 11, T6N R6E established prior to the adoption date of a (except areas within the Village of particular county trunk highway. Blue Mounds) (9m) Special Event means any temporary, (16) ID From the eastern boundary of the planned, extraordinary occurrence on highway Village of Mount Horeb to the right-of-way including, but not limited to, intersection with U.S.H. 18-151 in parades, processions, festivals and bicycle, Section 7, T6N R7E motorcycle or foot races/rides.
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