SECTION I – Purpose

Inasmuch as the Town of Jackson is located within a Hazardous Wildlife Area, it is essential to regulate, for the Public Health and Safety of persons in the Town of Jackson, the construction standards of private roads and driveways, to assure that their dimensional standards are maintained in compliance with the requirements of Chapter 30, Division 3, Section 30-482, Driveways and Private Roads; and Chapter 45, Article IX, Secrtion 45-171, Driveways and Private Roads, of the Burnett County Code of Ordinances which are adopted by reference and attached as addendums to the Ordinance.

SECTION II – Authority

The Town has specific authority under ss 60.55(1), Wisconsin stats, to adopt such an ordinance, and has the general authority under its village powers under ss 60.22, Wisconsin stats, to adopt this ordinance.

SECTION III – Adoption of Ordinance

This Ordinance, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting; and with proper notice having been given, provides for the inspection of driveways and private roads in the Town of Jackson.

SECTION IV – Definitions

     1. Driveway: Means any private way, private road, or other avenue of private travel that runs through any part           of a parcel of land that connects with, or will connect with, any public highway, and will provide vehicular             access from the highway to a residence, business, recreation site, or other similar appropriate use.

     2. Deficient Driveway: Means, for the purpose of this ordinance, a drive that does not meet the following                 dimensional requirements and therefore is noncompliant.

             a. Minimum of 25 feet in width at entrance

             b. Minimum of 20 feet of width throughout the driveway. The 20 feet width must be free of trees,                             stumps, brush, rocks, etc. (Note: Some existing easements may be less than 20 feet in width, i.e. 1                         Rod, 16.5 feet; they must be cleared for their actual width.)

             c.  A minimum height clearance of 13 feet is required.

             d.  Any curves must not be less than a 100 foot radius.

             e.  Driveways exceeding 150 feet in length must provide an adequate turn around that will                                          accommodate a 10 foot long firetruck.

             f.  If a circle driveway is contructed, it must have a radius of no less than 45 feet to the centerline.

             g. The turnaround area shall not be less than 60 feet. 

     3. Emergency Vehicle:  Means any Fire, Police, Ambulance, or first responder vehicle used in emergency or               hazard responswe in the Town. 

     4. Impacted Land Owner: Means an owner of real estate that is provided vehicular access by driveway                      determined to be noncompliant with the minimum standards and unsafe.

     5. Town: Means the Town of Jackson, Burnett County, Wisconsin.

     6. Town Board: Means the Board of Supervisors of the Town of Jackson, and includes any designee of the                 board authorized to act for the board. 

     7. General Public: Means, for the purpose of this ordinance, service providers including, but not limited to,               mail and package delivery, LP gas trucks, septic system installers and pumpers, building construction                     contractors, and so on. 

SECTION V – Process

With the adoption of this ordinance, the Town Board of the Town of Jackson hereby designates the Chief of its Fire Department, and/or the Chief’s designee, the authority to inspect driveways and private roads within the Town for compliance with the dimensional requirements for them found in Chapters 30 and 45 of the Burnett County Code of Ordinances, to assure that emergency vehicles have safe and timely access and travel to and from the residential, or other appropriate use, site(s) served by the driveway. An additional benefit will be to provide for safe travel by the general public to provide necessary services.

The Town of Jacksoin Volunteer Fire Department, as designated by the Town Board, will inspect each drivweway annually, or as needed for the construction of a new driveway.

The Fire Department, as Disignee(s) of the Town Board, shall have the right of inspection onto land pursuant to a warrant issued under 66.0119, Wisconsin stats, should access to inspect be denied by the property owner. Should deficiencies to safe and timely access for emergency vehicles be determined to exist, the impacted land owner shall be notified in writing of the noncompliance, correction measures to be undertaken, and a priod of time of not less than 30 days, or more than 120 days, to bring driveway into compliance. The time frame will be dependent on the severity of the hazard, and the complexity of the requirements necessary for compliance, which include winter weather conditions.

Should enforcement measures be required, the deficiencies and noncompliance, which are in violation of the County Code, will be referred to the County’s Land Use Department by action of impacted land owner and constitutes their opportunity to appeal the determination of noncompliance.