Road Ordinance

THE BOARD OF SUPERVISORS
OF THE TOWN OF STANCHFIELD

ORDAINS: ORDINANCE NUMBER 2004-1
TOWN OF STANCHFIELD
AN ORDINANCE REGULATING ROADS IN THE TOWN OF STANCHFIELD, ISANTI COUNTY, MN
Updated October 7, 2010

Section 1. PURPOSE AND INTENT
Section 2. DEFINITIONS
Section 3. APPLICATION
Section 4. SKETCH PLANS, PLATS AND LOCATION OF TOWN ROADS                     Sub 1. Sketch Plan
                    Sub 2. Preliminary Plat and Final Plat
                    Sub 3. General Conditions
                    Sub 4. Platted Roads
                    Sub 5. Developer’s Agreement
Section 5. NON-PLATTED ROADS
Section 6. CARTWAYS
Section 7. DESIGN – TOWN ROADS
                    Sub 1. Design
                    Sub 2. Acceptance of Road
Section 8. PAVING EXISTING ROADS
Section 9. PARKING
Section 10 WEIGHT RESTRICTIONS
                    Sub 1. Resolution
                    Sub 2   Signing
                    Sub 3   Exceptions
                    Sub 4 Civil Penalties
                    Sub 5. Special Permits
Section 11 DRIVEWAY AND MAILBOX POST
Section 12   USES OF RIGHT-OF-WAY BY PUBLIC AND PRIVATE UTILITIES
Section 13 PRIVATE USES OF TOWN ROAD RIGHTS-OF WAY
Section 14 ROAD HAULING PERMIT
Section 15 SNOW PLOW POLICY
Section 16 PENALTIES FOR VIOLATION
                    Exhibit 1 TOWN ROAD STANDARDS AND SPECIFICATIONS
                    Exhibit 2   DRIVEWAY REQUIREMENTS AND SPECIFICATIONS

SECTION 1 PURPOSE AND INTENT: |The Board finds that the unrestricted and unregulated use and maintenance of existing roads, and the development of new town roads, results in a lack of planning, coordination, inappropriate allocation of costs, and frustrates the budgeting process of the town. It is therefore necessary, and in the best interests of the town and its residents, to regulate such use, maintenance and development. This ordinance authorizes the Township officials be a part of the Isanti County subdivision planning process and to affix their signatures to the Final Plat as required by Isanti County.

SECTION 2 DEFINITIONS:
Cartway: A cartway established under M.S. 164.08(2), for or upon which no road or bridge funds are expended, as therein provided.
Board: The Town Stanchfield Board.
Emergency Motor Vehicle: A motor vehicle operated by a fire department, police department, an ambulance or rescue service, or by a public utility under circumstances that are necessary to the preservation of life or property or to the execution of emergency governmental functions.
Motor Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a road or highway, excepting (1) devices moved solely by human power, and (2) devices used exclusively upon stationary rails or tracks.
Person: Every natural person, firm, co-partnership, association, corporation, or other legally recognized entity
Right-of-way: That area lying within the boundaries of a Town Road. For those Town Roads having no recorded width, the boundaries shall be the edge of those areas utilized for maintenance, including the area over which snow is cast while snowplowing.
School Bus: A motor vehicle used to transport pupils to or from a school, or to or from school related activities, by the school or a school district, or by someone under an agreement with the school or school district.
Service Vehicle: A motor vehicle used for the towing or hauling of other motor vehicles, or which provide a specific, on-site service to a residence or business whose access is by way of the town road being used, such as sanitation, delivery, construction and excavation vehicles.
Town Roads: All roads within the town which are under the jurisdiction of the Town Board, excepting cartways.

SECTION 3 APPLICATION
This ordinance shall apply to all town roads located within, or lying upon the boundaries of the town.

SECTION 4 SKETCH PLANS, PLATS, AND LOCATION OF TOWN ROADS:
The Town Board must approve and sign the Final Plat which has any road created that may be taken over by Stanchfield Township.

Subdivision 1 Sketch plan: If a sketch plat is submitted to Isanti County that has the potential of a new town road, or requires driveways that will exit on a town road, that sketch plan must be submitted to Stanchfield Township for their preliminary approval of the placement of roads and/or driveways. This sketch plan will not constitute a formal filing of a plat and is only to advise the subdivider to the extent to which the proposed subdivision conforms to the design standards of this ordinance.

Subdivision 2 Preliminary Plat and Final Plat: Stanchfield Township shall be included in the process of the Isanti County preliminary plat and final plat procedures. A separate application to Stanchfield Township is required for a preliminary plat and a final plat.

Subdivision 3 General Conditions: The Board, or designated individual, shall oversee and coordinate the establishment of all town roads hereafter created. For each new town road, the Board shall consider the proposed location, the parcels to be served, the likelihood of extending the proposed road in the future, the relationship of the proposed road to existing Town Roads or other public roads, topography and soil types, and existing and projected traffic patterns.

Subdivision 4 Platted Roads: At the time of the initial application to the Township for the approval of a preliminary plat, whether the application is first submitted to the county or the town, the applicant shall provide the Board at least two weeks in advance of the meeting (or in time for public notice 2 weeks 10 days prior to the meeting) with the following:

Four (4) copies of the proposed preliminary plat.
The legal description of all contiguous land owned by the applicant and, if the area platted is less that all of the land owned, legal descriptions for the preliminary plat and the residue parcel.
The name and address license number of the surveyor.
The existing, applicable zoning and district(s) of the land being platted.
Each lot and the proposed location of the driveway access to each lot, complying with section 11.
The location, right-of-way width and names of existing streets and other public property, within 1,320 feet of the perimeter boundaries of the preliminary plat, and a drawing to scale showing all buildings and structures, easements, protected waters, wetlands, flood plains, drainage ditches, critical areas, and lakes and streams within 250 feet of the perimeter boundaries of the proposed preliminary plat.
Drawn to scale, the boundary lines of adjoining subdivided or unsubdivided land, within 200 feet of the perimeter of the proposed plat, identifying by name and ownership, each such parcel, including any land owned by the applicant.
A topographic map, showing contours at vertical intervals of not more than two feet, except where the horizontal contour interval is 100 feet or more, a one-foot vertical interval shall be shown. This map shall locate and designate all water courses, marshes, wooded areas, rock outcrops, utility lines, and any other significant feature included within the proposed preliminary plat.
Soil tests, as required under Section 7.
If not shown on the preliminary plat, the layout, location and width of all proposed streets and other rights-of-way, including the proposed name for each.
A grading and drainage plan for the entire subdivision, including all excavations (excluding basements and other structural-related excavations), and all filling proposed as part of the plan, stating the estimated cubic yardage of each.
The estimated cost of the complete development of all streets and/or alleys included in the proposed preliminary plat.
Designating specifically any outlots, and their purpose, to be approved as part of the plat.

Depending upon the location, nature, and scope of the proposed preliminary plat, the Board may require other such information as is necessary to evaluate all public roads and other public lands included in the proposed preliminary plat. Where the applicant is platting less than all lands owned, the applicant may be required to submit a proposed preliminary plat for the remainder of the lands owned.

For the purpose of this section, and given the provisions of M.S. 15.99, specifically the notification provisions therein, to notify the applicant about what information is missing, that period shall commence following the public hearing held on the proposed preliminary plat.

Subdivision 5 Developer’s agreement for the construction and Maintenance of Roads and Other Rights-of-way. For streets and rights-of-way included in a proposed preliminary plat, or to be established other than under the provisions of M.S. 164.07, the applicant/dedicator shall, at the time of submission of the proposed preliminary plat, or other document initiating the establishment of a town road, deliver to the Board a proposed Developer’s Agreement, setting forth the terms, conditions, and time frame, within which the applicant/dedicator shall construct all said roads and rights-of-way, the terms and conditions of all payments for same, and, if not completed upon the recording of the document, establishing said roads and rights-of-way, the means of security afforded to the town, to assure said completion. The Board may redraft, amend, revise, or modify the proposed Developer’s Agreements, to assure compliance with all conditions of this section. Should the applicant/ dedicator fail or refuse to execute the Developer’s Agreement, the Board shall have no obligation to approve or accept the proposal of the applicant/dedicator.

SECTION 5 NON-PLATTED ROADS: In addition to the above considerations, the Board may require such evidence of ownership, and the preparation or delivery of such documents as will assure a proper and legal conveyance to the town. Additionally, the Board may require such topographic maps, soil borings, surveys, and proof of ownership of all parcels adjoining or otherwise served by the proposed road, as are necessary or incidental to assure a valid and sound right-of-way.

SECTION 6 CARTWAYS Under the provisions of M.S. 164.08 Sub 2, the Board may take into consideration the provisions of this ordinance in determining whether an alternate route is appropriate and in the public’s best interest. The Board will not take action on any petition submitted under this statute until the petitioner has filed with the Board a cash deposit, or letter of credit, for the total estimated damages, set by a resolution of the Board.

SECTION 7 DESIGN – TOWN ROADS
Subdivision 1 Design: All roads shall be designed to comply with the requirements which are minimum standards and which may be increased to accommodate traffic and usage.

Minimum graded roadway top of 30 feet.
Minimum gravel surface of 28 feet.
Minimum ditch width is 3′, depth is 2′ measured from the edge of the graded roadway top, with a down slope of 4:1 and a back slope of 3:1.
Minimum right-of-way of 66 feet with the road centered on it.
Minimum of 6 inches of compacted Class 5 aggregate surface.
The owner/developer shall submit soil tests as required by the Board to check base, gravel depth or to provide information as to the construction of the road. the road surface and base shall be constructed in compliance with the requirements of the Board.
All available topsoil shall be salvaged on the slopes and ditch bottoms, and seeded with an appropriate seed mixture. All exposed slopes shall be stabilized to reduce erosion
Minimum cleared width for snow removal purposes of 55 feet. All brush and trees to be removed from road right of way
All roads shall be built so as to be free of flooding and be free of drainage problems.
All apparent snow traps shall be eliminated
Dead end roads shall be prohibited, but cul-de-sacs will be permitted where topography or other conditions justify their use. All cul-de-sacs shall be limited to 600 feet in length with an outside curb radius of at least 60 foot top with shoulder and ditch same as roads.
Horizontal and vertical curves should be coordinated. Sharp curves or blind corners are not accepted.
Culverts will be installed, when needed, to the size and necessary to facilitate surface and ditch drainage.
All finished grades shall be reasonable and justifiable. A road profile and drainage map shall be furnished to the Board. Before base work is started, the edge of a road should be staked.
All under water portions or swamps shall be excavated and backfilled with granular material. All wetlands must be determined on the preliminary plat.
Road base grade width shall be 30 feet wide with a inch per foot of crown, be approved by town road advisor before placing 6 inches aggregate class 5 (7-12% binder, ¾” crushed maximum) 28 feet wide.
Bituminous roads must have 8 inches of aggregate base prior to bituminous surfacing. The town road advisor is to be notified at least 2 days prior to applying class 5 unto the base. It will be the responsibility of the contractor to notify the town road advisor so the adequate tests and inspection can be accomplished. The Board may require test core borings periodically as requested by the town road advisor to determine if proper gravel depths meet the specifications herein provided. Test core borings for the entire project to average one (1) boring every 5,000 square feet at the builder’s expense. All boring to be repaired.
A plant-mix bituminous surface shall be placed in accordance with standard Minnesota department of Transportation specifications. Minimum 24 foot width and 9 ton roads, 1½ inches compacted asphalt base and 1½ inches compacted asphalt wear. All bituminous work to be inspected and approved by town road advisor or his/her representative. The Board advisor is to be notified at least two days prior to beginning the surface work. It will be the responsibility of the builder to notify the town road advisor so that adequate inspection can be accomplished. The Board may require test core borings periodically as requested by town road advisor to determine if proper bituminous depths have meet specifications herein provided. Test core borings for entire project to average one (1) boring every 5,000 square feet at the builder’s expense. All borings to be repaired. Failure to perform proper inspection may cause forfeiture of performance bond/escrow funds.
Shouldering, class #1 with 10 to 15% binder, two foot widths beyond the bituminous mat, brought up to the level of the bituminous surface. To be inspected by the town road advisor.
The Board may require Letter of Credit, or other means satisfactory to the Board, by the developer to assure the road is properly constructed, according to the specifications.
All roads shall be subject to review by the Board and the road supervisor as far as they pertain to requirements above. The Board will not accept any road or portion thereof dedicated by private owners until all conditions of the above specifications have been met. The owner/builder must provide lien waivers or written proof that all materials, equipment rental and labor costs involved in construction of a said road are free of all financial obligations. There must be evidence of clear title to all land on which said road lays prior to the approval of the application for road dedication by the Board. The above specifications are subject to any reasonable modifications felt necessary by the Board. Additional requirements may be found necessary during the course of construction.
All streets and avenue signs, posts, road information signs, channel posts, center lines and no passing and shoulder lines as designated by the town road advisor to be installed and paid for by the developer.
The time limit for completion of all road work shall be prior to plat approval

Subdivision 2 Acceptance of Road: Whether by a Developer’s agreement or otherwise, the owner/developer shall be solely responsible and liable for all maintenance and repair of any newly established and constructed town road for a period of one (1) year following the completion of construction and the final inspection of same. Developer will furnish a performance bond or escrow as value set by the Board.

SECTION 8 PAVING EXISTING ROADS The Town Board may consider the paving of town roads as follows:

A traffic count
Safety of road
The cost of maintenance of the road as gravel verses the cost of updating the road and available funds
Number of taxpayers benefiting (no dead end roads where no other taxpayer benefits from it)
Paving should go from intersection to intersection, or a partial paved road should be long enough not to be a safety hazard or a maintenance inconvenience.

SECTION 9 PARKING: The Board prohibits parking on all town roads and easement with no signs needed. Vehicles left on Stanchfield Township roads are subject to towing. Vehicles towing and storage will be at the owners expense. Personal property stored on a township road right-of-way will be removed and destroyed at the owner’s expense.

SECTION 10 WEIGHT RESTRICTIONS:
Subdivision 1 Resolution: By resolution, the Board may designate certain town roads, or portions of such roads, with limited weight restrictions. Any such resolution shall describe the road, or portion thereof, and shall specify the restrictions or conditions for the designated area. Each such road shall be designated and posted as a 5-, 7-, or 9-ton road. The gross weight on any single axle shall not exceed the amount of the designated weight restriction

For the purpose of this ordinance, a single axle includes two or more wheels, the centers of which are less than 48 inches apart on an axle.

Subdivision 2 Signing: Any town road subject to weight restrictions shall be posted in accordance with the requirements of the Minnesota Department of Transportation.

Subdivision 3 Exceptions: The weight limitations contained herein shall not apply to school busses, vehicles collecting for disposal mixed municipal solid waste, authorized emergency vehicles, nor tow trucks while responding to a request for assistance, and to those vehicles making single-trip deliveries. A single-trip delivery means those vehicles making not more than two delivery trips in any calendar week to a destination located in Stanchfield Township

Subdivision 4 Civil Penalties: In addition to and as part of any criminal prosecution hereunder, a person or entity convicted of violating this ordinance, whether by plea or otherwise, shall pay as and for restitution to the town the sum of 5 cents per pound per axle for each axle that is overweight. shall pay restitution to the town the sum in accordance with the Minnesota Department of Transportation regulations penalties per pound per axle for each axle that is overweight.

Subdivision 5 Special Permits: Any person or entity proposing to use the road restricted herein who or which would be in violation of these restrictions may apply to the Town Clerk for a special permit to utilize said road. An application for a permit shall designate the vehicle(s) to be used, including the description and the license number of each; the loaded gross weight of each vehicle; the type of materials being transported; the calendar period over which such transportation will occur; the number of trips per day; and the place of origin and destination of each such trip. The Board may, at its discretion, issue a special permit, taking into consideration the need and necessity for the use of the restricted road, and impose any conditions upon such use through such permits and as are reasonable to protect and preserve said road and maintain the quiet enjoyment of adjoining property owners. The Board may require such security as it deems appropriate to assure compliance with the conditions of the permit and to restore and/or maintain said road. The cost of a permit shall be $35.00 which shall accompany any application.

SECTION 11 DRIVEWAY AND MAILBOX POST

See exhibit 2 for specification on driveways and mailbox posts. Field driveways do not need a mailbox.
No approach will be installed that causes a hazard to traffic on a town road. There must be a line of sight for at least 565 feet in each direction with a 55 mile per hour speed limit; 308 with a 30 mile per hour speed limit. The line of sight distance requirement for a passenger vehicle should be based on a 3.5 foot height of eye and two-foot height of approaching vehicle headlights.
On township hard surface roads, driveway owner is required to install a two foot wide hard surface skirt across the full width of the driveway and a 2 feet wide by 10 feet each way from mailbox.
The driveway angle should be 60 to 90 degrees to the road.
Road supervisor will determine if a culvert is necessary. The culvert is to be a minimum of 12-inch diameter steel with aprons. They will also determine if a larger one is needed.
Any new development with 2 or more lots abutting a town road, then there shall be not more then one (1) driveway per 150′. Board may require joint driveways serving more than one parcel to meet the requirements herein.
Driveway must be installed, inspected and approved before any certificate of occupancy is obtained.
Any driveway which is to service more than one residential unit shall meet all the requirement of town roads gravel above.
Except for agricultural purposed, no single residential unit shall have more than one driveway.
The center of any driveway shall be a minimum of 150 feet from the center of any intersecting public road.

SECTION 12 USES OF RIGHT-OF-WAY BY PUBLIC AND PRIVATE UTILITIES: Any public or private utility intending to make use of any town road right-of-way shall first submit a drawing, showing each road to be so utilized, and showing the nature, design and the location, within the right-of-way, of the proposed installation.

SECTION 13 PRIVATE USES OF TOWN ROAD RIGHTS-OF WAY
No person shall make, cause or permit any private use of a town road right-of-way without first applying for and obtaining a permit therefor from the Board. The application shall be to scale, identify the road to be used, and describe and show in detail the use to be made, including the size and location of any structures or man-made objects used in conjunction therewith. In the event the proposed use increases or adversely impacts the liability of the Town, the permit may be denied. The cost of a permit shall be $35.00 which shall accompany application

SECTION 14 ROAD HAULING PERMIT: Contractors using Township roads for frequent hauling (over 12 trips per day) shall abide by the following restrictions. Stanchfield Township is exempt from section 10 and 14 when doing construction or maintenance.

The haul road user will notify the Board of the intent to use a township road to haul products, materials or waste. This notice shall be at least 15 days prior to using the road for such a purpose.
The use shall post a $5,000 bond or deposit $5,000 with the township to insure that the roadway is returned to acceptable surface standards at the conclusion of use as a haul road.
The haul road user will grade road at least once per 48 hours. If the road user uses a road more that 24 trips per day, it must be bladed daily. Grading is to be done by Stanchfield Township at users expense.
The road will be watered every 48 hours to reduce dust and erosion of the road surface. If the road is used by more than 24 trips per day, the road will be watered daily. This requirement may be reduced or waived by agreement if the user pays for application of a dust reduction product to road surface.
The road will be shaped and graveled monthly and at the conclusion of use as a haul road. The road will meet the Stanchfield township standard for gravel roads. The supervisor will inspect and certify the road after this work is complete and can provide a copy of the road standards to any interested party.
For the purpose of this section a “trip” shall be considered one pass over the road, and a “day” shall be the period from midnight to midnight.

SECTION 15 SNOW PLOW POLICY:
     The township will usually not dispatch the snowplow until after a snowfall has stopped and snow accumulation of three inches or more or icy conditions exist which seriously affect travel. During extended periods of snowfall, exceptions may be made. If snowfall stops during regular working hours, the plows may be dispatched at that time. Weekend plowing will be handled the same way.
     Generally, the clearing of the roads will consist of these phases: Make the road passable, clean one lane in each direction and widen the lanes to the edge of the shoulders. Sanding is done at problem areas.
     It is unlawful to plow snow from driveways onto or across public roads. Piles of snow left on or near the road can freeze into a solid mass creating a hazardous situation for vehicles and snowplows and increase the chance of drifting snow onto the roadway. Accidents and damages caused by snow piles placed in roadways may result in liability to the property owner.
     Parked vehicles must be removed from township roads to assist in snow removal. The plows will not attempt to remove stuck vehicles from ditches, snowbank, or any other impediment.
     When directed by the supervisor in charge of roads, the township will make an emergency plowing effort through private property. No other plowing or private property will be allowed.     The township is not responsible for driveway plugged by the plow in the normal course of clearing the township roads.

SECTION 16 PENALTIES FOR VIOLATION:
The owner, lessee and/or operator of any vehicle found to be in violation of the ordinance shall be guilty of a misdemeanor, punishable by a fine not to exceed $700 and/or to jail for not more than 90 days.

DATED: October 7, 2010

BY ORDER OF THE TOWN BOARD OF THE TOWN OF STANCHFIELD

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