An ordinance regulating the installation of private driveways onto the Town of Minong roads.  This Ordinance is for the safety and well being of the people using the Township roads.  The Town Board of the Town of Minong does hereby ordain:
SECTION 1. PURPOSE:
The purpose of the Ordinance is to provide safety to the citizens when either using Town of Minong roads or entering onto Town of Minong roads.
SECTION II. PERMITS:

A.    Permits are required for all private driveways and roads with access onto Town  of Minong roads.
B.    All sights must be inspected and approved before any earth moving is started.
C.    All permits are subject to the approval or denial of the Minong Town Board.
D.    Permits will be available from: Washburn County Zoning, Minong Town Clerk or Road Crew.
SECTION III.  CONDITIONS OF ISSUANCE:
(a).  The applicant indicated on the permit represents all parties in interest, that any driveway or approach constructed by or for him is for the bona fide purpose of providing access to his property.
(b). The permitee shall furnish all materials, do all the work, and pay all costs in connection with the construction of the driveway and it’s appurtenances on the highway right of way.  In every instance, the subsequent maintenance of the driveway and it’s appurtenances within the limits of the highway right of way shall be the responsibility of the indicated permittee, who shall be obliged to pay all costs and accomplish all works necessary in relation to said maintenance of the driveway facility.                                         
(c).  The driveway installation shall be made without jeopardy to or interference with traffic using the highway.                                                                                                                                                        
(d).  Highway surfaces, shoulders, ditches and vegetation that are disturbed by the driveway installation shall be restored to at least the pre-existing conditions by the driveway construction.
(e).  The surface of the driveway connecting with the highway shall slope down and away from the highway shoulder a sufficient amount and distance to preclude ordinary surface water drainage from the driveway area flowing onto the highway road bed.
(f).  The driveway shall not obstruct or impair drainage in highway side ditches.  Driveway culverts where necessary, shall be adequate for surface water drainage along the highway and in no case less equivalent of a 12 inch diameter pipe.
(g).  No revisions or additions shall be made to the access driveway or it’s appurtenances on the right-of-way without the permission of the Minong Town Board or the Road Crew.
(h).  The Town of Minong does not assume any responsibility for the removal or clearance of snow, ice or sleet, or the opening of windrows of such material, upon any portion of any driveway or entrance along any Town highway, even though snow, ice and sleet is deposited or windrowed on said driveway or entrance by its authorized representative engaged in normal winter maintenance operations.
(i).  The permittee, his successors or assignees agree to hold harmless the Town of Minong and it’s duly appointed agents and employees against any action for personal injury or property damage sustained by exercise of this permit.

AMENDMENT: For purposes of snowplowing and availability of emergency equipment, driveways must be cleared of all trees, rocks, stumps, debris, etc. at a distance of 20 feet wide by 16 feet high, with ample room to turn equipment around.  AMENDED  this   9th day of  September 2002.

SECTION IV.   ENFORCEMENT

AMENDED: All costs incurred by the Town relating to the enforcement of this Ordinance or in making the determinations or inspections necessary hereunder, shall be paid by the property owner, including, but not limited to, any costs to the Town for bringing such driveways up to the provisions of this Ordinance if property owner refuses to do the same.
Town administrative and inspection costs shall be payable by the permit fee established by the Town Board at the Town Board Meeting on July 14, 2003.  Said fee will be set at.   $20.00.   This fee is subject to change upon the discretion of the town board, but only at a properly noticed public meeting.  If any of the required costs are not covered by the property owner, said costs can be charged back to the landowners property taxes as a special assessment

SECTION V.   VIOLATIONS
Violation of this Ordinance is subject to a fine of $500.00 and/or the restoration of the entry onto the Town of Minong road.
SECTION VI.  VALIDITY:
Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
SECTION VII.  WHEN EFFECTIVE:
This Ordinance shall be in force after its passage, publication and recording according to law.

Passed and adopted by the Minong Town Board this 20th day of September, 1999.

Amended September 9, 2002 and July 14, 2003.

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Town Chairman                        Date

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Supervisor #1                        Date

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Supervisor #2                        Date



ATTESTED BY TOWN CLERK


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Town Clerk                        Date