Driveway Ordinance: At the April 11, 2024 meeting the town board created Ordinance 12.14 to establish the minimum standards for the construction or rebuilding of driveways, private roads or private lanes connecting to any public roadways and regulate the construction or rebuilding of driveways, private roads or private lanes abutting public roadways in the Town of Burlington. The ordinance will take effect on April 19, 2024. Chapter 12.14  Driveway Ordinance for the Town of Burlington  Purpose A. Establish the minimum standards for the construction or rebuilding of driveways, private roads, or private lanes connecting to any public roadways in the Town of Burlington to enable safe ingress and egress of Emergency vehicles, and for the purpose of public safety. B. Regulate the construction or rebuilding of driveways, private roads, or private lanes abutting public roadways in the Town of Burlington Jurisdiction  The jurisdiction of these regulations shall include all driveways, private roads, or private lanes within the Town of Burlington. Authority This ordinance is enacted to provide general specifications for Town roads, driveways, private roads, or private lanes in the Town of Burlington. Pursuant to sections 60.10(2)(c), 60.22(3), 61.34(1) of Wisconsin State Statues, and under the controlled access highway power granted pursuant to sections 83.027(10) and 84.25(10) of the Wisconsin State Statues. Applicability  Routine maintenance for a driveway that is performed to maintain the original line and grade or original purpose of the driveway is not subject to the requirements set forth in this Chapter. Note: adding gravel to an existing driveway, re-paving an existing driveway, and crack sealing an existing driveway are all examples of routine maintenance. Full depth pavement replacement involving exposure of bare soils is not routine maintenance. Driveways/Private Roads/Private Lanes Abutting Public Roads 1. The following provisions apply to private driveways, private roads, and private lanes abutting public roads. All work shall be performed without danger to or interference with traffic using town road or street.  A. The Town allows only one driveway per parcel unless a variance is approved by the Town Board. B. Unless otherwise stated, a minimum of a twelve (12) inch diameter by twenty-four (24) foot long culvert shall be installed and maintained by the property owner under the proposed private driveway, road, or lane to provide proper drainage under the entrance and along the public roadway. The diameter of the culvert shall not be less than the diameter of the adjacent uphill and/or downhill culvert(s). Fill shall be made over culverts so that the ends are free, and the ends shall be riprapped or sodded to prevent fill material from spilling into the ditch and clogging culvert. The work of placing culverts and placing riprap and/or sod shall proceed diligently and be completed promptly after it is begun and shall present a neat appearance when completed. A minimum of 12" of cover from the top of the culvert to the subgrade shall be provided. Subgrade is defined as the interface between the bottom of the proposed gravel driveway base and the existing soil. C. Effective November 14, 2002, private driveways constructed of concrete are prohibited in any town road right-of-way. No concrete shall be poured over the driveway culvert. Private driveways extending into the town road right-of-way shall be constructed of asphalt, gravel, or other nonprohibited material a foot (1) past the driveway culvert. D. The maximum allowable geometric change in grade between the slope of the driveway and the cross slope of the abutting public road is 10%. Entryways shall provide rounding at the intersection with the public road to prevent rear-end or mid-wheel dragging to emergency vehicles entering and leaving the property. Driveways shall algin with the public roadway at right angles to facilitate turning moves from both directions. E. Unless otherwise documented, the town road right of way at the place of construction is assumed to extend thirty­ three (33) feet from the centerline of the town road. F. Town road surfaces, slopes, shoulders, ditches, and vegetation disturbed by construction shall be restored by the G. All costs of installation and maintenance of culverts under private driveways, private roads, and private lanes, as well as any public roadway or right of way restoration shall be the sole responsibility of the property owner. H. The edge of all private driveways, roads, and lanes shall be located at least fifteen (15) feet from the nearest side lot line except in the case of a driveway abutting a public road and providing access to two adjacent parcels. Said driveway can be on a lot line or split between both parcels. A maintenance agreement and easement agreement must be recorded. I. All permits required for private driveways, roads, or lanes must be acquired from the Town of Burlington prior to the start of any construction. Permits for temporary driveways or roadways shall also require the permit holder to return the affected area to its natural state within six months after use is halted. J. All work shall be carried out to the satisfaction of the Highway Superintendent as the compliance with any permits. K. No portion of the driveway shall be closer than 60 feet from the nearest edge of the right-of-way of an intersecting public road. L. Design controls for the location of the driveway access point with the public road shall be as determined by the Wisconsin Department of Transportation (WisDOT) Facilities Development Manual (FDM), latest edition. M. The edge of the driveway, at the point of connection with the public road, shall NOT be closer than 30 feet from the edge of another driveway at the point of connection with the public road. N. No concrete, stone, timber, or any other material that could constitute a hazard or danger to the traveling public will be permitted to be used as end walls to the driveway pavement and/or culvert. Only standard manufactured apron endwall sections shall be used. The ground surrounding the end of the driveway shall be sloped in a gradual manner, back to the highway ditch. Private Driveways  A. A roadbed of twelve (12) feet in width with an overhead clearance of fifteen (15) feet clear for ingress and egress of emergency vehicles B. Require any structures (ex. Bridge)     a. Must be inspected and rated to pass a 30-ton fire apparatus safely.     b. Must be a minimum of ten (10) feet Agricultural Access Driveways  A. The Highway Superintendent may allow on town roads more than one agricultural access driveway for any given parcel for the purpose of attaining necessary access to agricultural buildings, fields, and other agricultural uses. Private Lane Serving up to three (3) fire numbers A. A roadbed of twelve (12) feet in width with an overhead clearance of fifteen (15) feet. B. Requires a thirty (30) foot easement width, fifteen (15) feet in each direction from the center of the road. C. Require any (ex. Bridge)     a. Must be inspected and rated to pass a 30-ton fire apparatus     b. Must be a minimum of ten (10) feet Private Road Serving more than three (3) fire numbers A. A sixty-six (66) foot easement width, thirty­ three (33) feet in each direction from the center of the road B. A private lane with a thirty (30) foot easement may not be extended to serve more than three (3) fire numbers unless easement width is extended to sixty-six (66) feet. C. Require any structures (ex. Bridge)     a. Must be inspected and rated to pass a 30-ton fire apparatus     b. Must be a minimum of ten (10) feet D. A roadbed of twelve (12) feet in width with an overhead clearance of fifteen (15) feet. E. All private roads serving more than three (3) fire numbers shall record a maintenance agreement acceptable to the Town of Burlington at the time of a land division. Transfer of Private Roads or Lanes to the Town of Burlington Prior to the transfer of a private road or lane to the Town of Burlington, the road or lane must meet all of the requirements of the Town Burlington design standards for a street. Specifications are listed in chapter 16.28 of the Town of Burlington ordinances. Violation - Penalty  A. Any person who constructs a driveway contrary to this ordinance shall, upon conviction, pay a forfeiture of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day the offense continues shall be a separate violation. B. As a further remedy, the town may order any property owner of a driveway constructed contrary to the ordinance to remove the offending portion of the driveway at the property owner's sole expense within thirty (30) days after written notification. Upon noncompliance with such written order, the town may proceed to remove the offending portion of the driveway, and charge the property owner for the expense of the same. The town shall not be liable for damages to the driveway or property in the event town removal becomes necessary. In the event of nonpayment to the town, the charge may be placed on the property owner's property tax bill as a special assessment.  

TEST TW WEATHER

Posted on , by Jeanne Rennie

Associated Appraisal Consultants, Inc. to start field work for revaluation

Associated Appraisal Consultants, Inc. will begin the field work for the Town’s revaluation on Monday, June 20th, 2022. To make accurate assessments, it is necessary for Associated Appraisal to conduct an interior and exterior review of all residences, apartments and businesses in the Town. A brief interior walk-through is necessary for consideration of the features, quality, and condition of each residence or structure. These factors can significantly impact market value. This notice is an official request to view the interior of your residence so we can properly assess your property. Please note we have no interest in your housekeeping or your personal belongings. If you wish to refuse an interior inspection, contact our office. As part of our data collection process, the assessor will be taking exterior photos of your property.

The assessors will begin working in your neighborhood during the next several weeks. All staff members from Associated Appraisal will carry a letter of introduction from the Town of Burlington, a photo ID, and drive a red vehicle displaying the Associated Appraisal company name. If no one is home when visiting a property, a door hanger will be placed on the main entrance with property-specific instructions on how to schedule an interior review. Please wait for the door hanger to schedule your appointment – appointments are not available prior to this green tag. If you own rental property in the Town, please inform your tenants that we will be visiting that property soon, so we can have their full cooperation for this review.

Notices of Assessment will be mailed when the property reviews are complete, and an assessment is determined for each property. Property owners will have an opportunity to discuss the assessed values with an Associated Appraisal representative at the Open Book session. After the Open Book session, property owners can appeal an assessment to the Board of Review. The Notice of Assessment will contain the Open Book and Board of Review dates. Property assessment and appeal information is available at: http://www.revenue.wi.gov/pubs/slf/pb060.pdf.

PROPERTY OWNER RIGHTS

Section 70.32 of the Wisconsin Statutes states, the value of real property should be based on “actual view.” If an assessor is not allowed access to view a property, the assessment value is based on “the best information that the assessor can practicably obtain …” This means an assessor must estimate the value of property using the information they have available to them.

To ensure receiving a complete and accurate valuation, it benefits the homeowner to allow the assessor access to view the interior of their residence. For the purposes of valuation if access is denied, the assessor will then base the valuation on the next best information available. However, if facts exist making an interior view necessary to complete an accurate valuation, the assessor may seek a special inspection warrant per section 66.0119 of the Wisconsin Statutes to view the interior of the home.

Section 70.05(4n) of the Wisconsin statutes requires the following notice: You have the right to refuse entry onto your residence pursuant to section 70.05(4m) of the Wisconsin statutes. Entry to view your property is prohibited unless voluntarily authorized by you. Pursuant to section 70.05(4m) of the Wisconsin statutes, you have the right to refuse a visual inspection of the interior of your residence and your refusal to allow an interior inspection of your residence will not be used as the sole reason for increasing your property tax assessment. Refusing entry to your residence also does not prohibit you from objecting to your assessment pursuant to section 70.47(7) of the Wisconsin statutes.

COMMON ASSESSMENT QUESTIONS

Some of my neighbors have told me the only reason for the reassessment is to raise taxes. Is this true?

No. a reassessment has no impact on the total amount of taxes collected. However, it may change your property’s percentage share of total taxes collected to increase, decrease or, have a minimal effect.

Why do you need to inspect the interior of my home?

There is no question that an inspection is an inconvenience. For that, we apologize. However, building size, age, features, quality, and condition, along with many other factors affect the market value of your property. The only way to ensure a Fair Market Value is to collect current exterior and interior data for each property. We are not concerned with your housekeeping nor personal belongings. This information will not be recorded and kept confidential.

How does the assessor value property?

Wisconsin law requires that property assessments be based on Fair Market Value. Estimating the market value of your property is a matter of determining the price a typical buyer would pay for it in its present condition. Some factors the assessor considers are: what similar properties are selling for; what it would cost to replace your property; the rent it may earn; and any other factors that affect value. It is important to remember that the assessor does not create assessed value, but rather interprets what is happening in the market place through real estate sales.

What can I do to ensure a fair and reasonable assessed value for my property?

Even with the best of care and intentions, errors are possible. Inform the assessor of any problems that might affect market value. There will be an opportunity to discuss your assessment with the assessor at the Open Book. Should you feel your assessment is in error, bring to the Open Book any documentation that supports your opinion of value. Property owners will be notified if there is a change to their assessment, when the project is completed. If the discussion with the assessor does not resolve your concerns, a Board of Review will be held where you can again present sales or other market value evidence that shows the assessment to be in error.

Do all assessments change at the same rate?

No, not necessarily. There are differences between individual properties and between neighborhoods. In one area, the sales may indicate a substantial increase in value in a given year. Yet in another neighborhood for example, there may be no change in value, or even a decrease in property values. Different types of properties within the same neighborhood may also show different value changes. For example, one-story houses may be more in demand than two-story houses, or vice versa. Older homes in the same area may be rising in value more slowly than newer homes. Perhaps the older style homes that have been traditionally selling low are now selling much higher. There are numerous factors to be considered in each property, which will cause the values to differ. Some of the factors which  can affect value are: location, condition, size, quality, number of baths, number of bedrooms, basement finish,  garages, overall condition as well as many others.

What is the bottom line?

Assessments are required by state law and are mandatory. The real issue is whether your property is assessed at the statutory required market value. Look at your final assessment after the revaluation. If it appears to be an accurate value when compared to sales of similar property, then it probably is a fair assessment. If, in your opinion, it does not reflect the market value of your property when compared to sales of similar properties, you should talk to our assessment staff. We may be able to provide information or take further actions to resolve your concerns.