TOWN OF GERMANTOWN
Driveway Access Permits

Ordinance #4

TABLE OF CONTENTS

Section I     –   Title and Purpose
Section II    –   Authority
Section III   –   Adoption of Ordinance
Section IV   –   Definitions
Section V    –   Coverage
Section VI   –   Specifications
Section VII –   Application and Permit Provisions
Section VIII –   Penalty Provision
Section IX   –   Severability Clause
Section X    –   Effective Date

STATE OF WISCONSIN

Town of Germantown

Juneau County

This Ordinance replaces Ordinance #4 adopted by the Town Board of the Town of Germantown the 14^th day of May, 1973.

SECTION I  –  TITLE AND PURPOSE

The title of this ordinance is the Town of Germantown Driveway Access Permits Ordinance.  The purpose is to regulate and assure, for public health and safety reasons, the establishment, repair, construction, improvement, modification and reconstruction of all private driveways. This is not a town zoning ordinance.

SECTION II  –  AUTHORITY

The town board has the specific authority under ss 66.0425 and 86.07, Wis. stats., to adopt a town roads access permit ordinance and has the general authority under village powers under s. 60.22, Wis. 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 proper notice having been given, provides for the regulation, by permit, of certain driveway access from the town roads.

SECTION IV –  DEFINITIONS

1. “Driveway” means any private way, private road, or other avenue of private travel that runs through any part of a private parcel of land that connects or will connect with any public highway, and will provide vehicular access from the highway to a residence, business, recreational site or other similarly appropriate use.
2. “Emergency vehicle” means any fire, police, ambulance or first responder vehicle used in emergency or hazard activities in the town.
3. “Town” means the Town of Germantown, Juneau County, Wisconsin.
4. “Town Board” means the board of supervisors for the Town of Germantown, Juneau County, Wisconsin, and includes any designee of the Board authorized to act for the Board.
5. “Town Clerk” means the clerk of the Town of Germantown, Juneau County, Wisconsin.
6. “Wis. stats.” Means the Wisconsin Statutes, including successor provisions to cited statutes.

SECTION V  –  COVERAGE

1. No person may establish or construct a driveway or reconstruct, reroute, or alter the existing slope of any existing driveway or any town or other highway or highway right-of-way in the town in relation to the connection of the highway or highway right-of-way to a driveway, whether new or previously existing, without first obtaining a Town Driveway Permit to be issued by the Zoning Administrator.
2. Any person prior to and at the time of seeking a Town Driveway Access Permit must own or have legal access to the land to which the permit(s) will apply..

SECTION VI  –  SPECIFICATIONS

Commencing on the effective date of this ordinance for new driveways being constructed, all driveways in the town for which a Town Driveway Permit is required under Section V shall meet all the following minimum requirements.  No permit shall be issued unless the materials submitted as required under Sections VI and VII demonstrate compliance with the requirements of this section.

The location and width of driveways crossing the right-of-way from a public street or road must be a minimum of 15 feet wide at the roadway and extend through the road right-of-way.  Driveways must be a minimum of 12 feet wide with a headroom clearance of 15 feet to permit access for emergency vehicles.  A twelve (12) inch in diameter culvert which extends one (1) foot beyond either side of the driveway is required when the road right-of-way drainage ditch is deeper than 15 inches below the surface of the roadway.

SECTION VII  –  APPLICATION AND PERMIT PROVISIONS

1. The town board shall approve an application form for the Town Driveway Access Permit which shall be available from the Germantown Hall.
2. The applicant for a Town Driveway Access Permit shall submit a completed application for each with the appropriate fee and with the following attachments:
3. Site Plan:  A sketch showing the approximate location and dimensions of the project. the sketch must show the location and distance, in feet, of the driveway in relation to the property lines.  Driveways must be a minimum of 10 feet from a property line.
4. No building permit for any construction of buildings or structures will be issued by the Town until the driveway access is constructed, reconstructed, rerouted or altered to the specifications of the permit as issued and this ordinance.
5. An application fee, that is nonrefundable, in an amount, determined by a resolution of the Town Board, will be charged for each permit application as found in the Town of Germantown fee schedule.
6. The Town Board, or its designees, shall have the right of inspection onto land pursuant to a warrant issued under s. 66.0119, Wis. stats., for the purpose of inspecting existing driveways to determine if the driveways will allow for safe and timely travel by emergency vehicles or vehicles of the general public.

SECTION VIII  –  PENALTY PROVISION

Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of the provisions of this ordinance shall, upon conviction, pay a forfeiture as found in the Town of Germantown fee schedule.  Each day violation exists or continues constitutes a separate offense under this ordinance.  In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.

SECTION IX  –  SERVERABILITY CLAUSE

If any provision of this ordinance or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given without the invalid provision or application, and to this end, the provisions of this ordinance are severable.

SECTION X  –  EFFECTIVE DATE

This ordinance is effective on publication or posting.

The Town Clerk shall properly post of publish this ordinance as required under s. 60.80, Wis. stats.

Adopted this 14 day of February, 2012

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

ORDINANCE #7

SNOWMOBILE ROUTES IN THE TOWNSHIP OF GERMANTOWN.

The Town Board of Germantown, Juneau County, Wisconsin, do ordain as follows:

SECTION I  –  State Snowmobile Laws adopted.

Except as otherwise specifically provided in this ordinance, one statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wis. Statutes are hereby adopted by reference and made part of this ordinance as if fully set forth herein.  Acts required to be perform or prohibited by such statutes are required or prohibited by this ordinance.

350.01  (Definitions)
350.02  (Crossing Highways)
350.03  (Operation of Snowmobiles on or in the vicinity of  highway)
350.04 (Snowmobile races or derbies and routes)
350.05  (Persons under 12 operating a snowmobile)
350.06  (Firearms and bows)
350.07  (Driving bear, deer or other game prohibited)
350.08  (Owner permitting operations)
350.09  (Headlamps, tail lights and brakes)
350.10  (Miscellaneous provisions for snowmobile operation)
350.12  (Registration of Snowmobiles)

SECTION II – Snowmobile Routes Designated

1. The following streets are designated as permitted snowmobile routes:
   • 22^nd Avenue from Town Line south to 33^rd Street
   • 33^rd Street west to 20^th Avenue
   • 20^th Avenue south to 36^th Street
   • 36^th Street west to 19^th Avenue
   • 19^th Avenue north to County G
   • 40^th Street west from County G to 20^th Avenue
   • 20^th Avenue south to 43^rd Street
   • All of Sandstone Drive in Sandstone Estates (added Jan 8, 2013)
     1. (added Nov 13, 1984)
        • Shacks road from Co. G north to its dead end.
        • 22^nd Ave. from Co G north to its dead end in Sec. 35-17-4
        • 37^th St. from 17^th west to Co. G
        • 17^th Ave. from Co. G north to its dead end
     2. (added Nov 12, 1985)
        • 30^th St. west from Co. Hwy G west to Yellow River (Approx. 2 miles)
        • 18^th St. to Yellow River (Approximately ½ miles).
     3. (added Oct 13, 2015)
        • 15^th Avenue north from Hwy G to 32^nd Street
        • 16^th Avenue north from County G to 32^nd Street
2. Snowmobiles operated on designated snowmobile routes that cross over public highways shall observe the rules of the road for motor vehicles set forth in Chapter 346, Wis, Statutes, which is hereby adopted by reference and made part of this ordinance as if fully set forth herein. Any act required to performed or prohibited by such laws is required or prohibited by this ordinance.

(SECTIONS III, IV, AND V removed March 14, 2023)

SECTION VI  –  Effective dates of this Ordinance

This ordinance shall be in effect during the parts of the year when the machines are used.

SECTION VII  –  This ordinance shall take effect upon passage and publication or posting.

Introduced and adopted this 12^th day of January, 1979.
Approved by the Town Board:
John Laskowski, Chairman
Art Buye, Supervisor
William H. May, Supervisor

Amended and adopted the 13^th day of November,  1984.
Approved by the Town Board:
Wayne K. Potter, Chairman
James. E. Dowling, Jr., Supervisor
Lee Janssen, Supervisor

Amended and adopted the 12^th day of November, 1985.
Approved by the Town Board:
Wayne K. Potter, Chairman
James. E. Dowling, Jr., Supervisor
Lee Janssen, Supervisor

Amended and adopted the 8^th day of January, 2013.
Approved by the Town Board:
Gregg Haunroth, Supervisor
Dale Simonson, Supervisor
Ray Feldman, Supervisor
Jim Collis, Supervisor

Amended and adopted the 11^th day of November 2014.
Approved by the Town Board:
Gregg Haunroth, Supervisor
Dale Simonson, Supervisor
Ray Feldman, Supervisor
Jim Collis, Supervisor

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.
APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

Amended to add two streets to Section II, a), (3) at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 13th day of October, 2015.
APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

Amended to remove Sections III, IV, and V at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 14th day of March, 2023.
APPROVED:                                                            ATTEST:
Gregg Haunroth                                             Susan Ganther
Town Chairman                                             Town Clerk/Treasurer

Ordinance 9     Ordinance 9 Regulating Land Use July 13, 2021

TOWN OF GERMANTOWN

AN ORDINANCE TO CREATE A CODE REGULATING TRAFFIC UPON THE STREETS, ALLEYS, AND HIGHWAYS OF THE TOWNSHIP OF GERMANTOWN, WISCONSIN

The Town Board of the Township of Germantown, Wisconsin, does ordain as follows:

SECTION I            STATE TRAFFIC LAWS ADOPTED

Except as otherwise specifically provided in this code, the statutory provisions in Chapters 194, and 340-350, of the Wisconsin Statutes, plus the administrative rules and regulations adopted by the secretary of the Wisconsin Department of Transportation and published in the Wisconsin Administrative Code, describing and defining regulations with respect to vehicles and traffic, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment are hereby adopted and by reference made a part of this code as if fully set forth herein.  Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this code.  Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this code in order to secure uniform statewide regulation of traffic on highways, street and alleys of the State of Wisconsin.

SECTION II  – OFFICIAL TRAFFIC MAP AND CONTROL DEVICES; PROHIBITED SIGNS, SIGNALS AND MARKERS

1. DUTY OF THE TOWN BOARD OR ITS DESIGNEE TO ERECT AND INSTALL UNIFORM TRAFFIC CONTROL DEVICES. Whenever traffic regulations created by this code including a State of Wisconsin traffic regulation adopted by reference in Section I, require the erection of traffic control devices for enforcement, the Town Board or its Designee shall procure, erect and maintain uniform traffic control devices conforming to the Uniform Traffic Control Device Manual promulgated by the Wisconsin Department of Transportation, giving notice of such traffic regulations to the users of the streets and highways on which such regulations apply.  Whenever State law grants discretion to local authorities in erecting or placement of a uniform traffic control device, devices shall be erected in such location and in such manner as in the judgment of the Town Board will carry out the purposes of this Code and give adequate warning to users of the streets and highways of the Township of Germantown.
2. CODE NUMBERS TO BE AFFIXED TO OFFICIAL TRAFFIC CONTROL DEVICES. The Town Board or its Designee shall cause to be placed on each official traffic control sign, guide board, mile post, signal or marker erected under subsection (1) a code number assigned by the Wisconsin Department of Transportation, and shall also place or direct the placing of Code numbers on all existing official traffic control devices as required by the laws of the State of Wisconsin.
3. OFFICIAL TRAFFIC MAP
4. OFFICIAL TRAFFIC MAP ESTABLISHED There is hereby established an Official Traffic  Map for the Township of Germantown upon which shall be indicated no parking areas, restricted parking areas, stop signs, arterial intersections, yield signs, special speed limits, one-way highways, school crossings and all other restrictions or limitations contained in this Code, as from time-to-time amended or modified by the Town Board when the laws of the State of Wisconsin require the erection or use of official traffic control devices to enforce such restrictions or limitations.
5. VIOLATIONS PROHIBITED When official traffic control devices giving notice of the restrictions, prohibitions and limitations shown on the Official Traffic Map are erected and maintained in accordance with the provisions of this section a violation of the restriction, prohibition or limitation of the provisions of this code.
6. MAP TO BE MAINTAINED A copy of the Official Traffic Map shall be maintained and displayed in the office of the Town Board or its Designee.
7. ADDITIONS TO MAP The Town Board may from time-to-time make additions to or deletions from the Official Traffic Map and the Town Board or its Designee shall keep such Official Traffic Map current.
8. PROHIBITED SIGNS AND MARKERS IN HIGHWAYS No person, other than an officer authorized by this code to erect and maintain official traffic control devices or his or her designee, shall place within the limits of any street or highway maintained by the Township any sign, signal, marker, mark or monument unless permission is first obtained from the Town Board or its Designee and/or the State Highway Commission.  Any sign, signal, marker, mark or monument placed or maintained in violation of this subsection shall be subject to removal as provided in sub. (5)
9. REMOVAL OF UNOFFICIAL SIGNS, MARKERS, SIGNALS AND TRAFFIC CONTROL DEVICES. The Town Board may remove any sign, signal, marking or other device which is placed, maintained or displayed in violation of this code or state law.  Any charge imposed against premises for removal of a prohibited or illegal sign, signal, marking or device shall be reported to the Town Board for review and certification at its next regular meeting following the imposition of the charge.  Any charge not paid on or before the next succeeding November 15 shall be placed upon the tax roll for collection as other special Town taxes.

SECTION III         SPEED LIMITS

The Town Board hereby approves the Statutory speed limits as enforced in the Township, but reserves the right to modify such speed limits were found to be imprudent, unreasonable or unsafe.

SECTION IV         THORUGH IGHWAYS AND CONTROLLED INTERSECTIONS

1. THROUGH HIGHWAYS DESIGNATED In the interest of public safety and pursuant to the authority granted by Wisconsin laws, the highways so designated on the official traffic map described in Section II hereof are declared to be through highways.
2. CONTROLLED INTERSECTIONS DESIGNATED In the interest of public safety, the intersections which have traffic control signals as shown in the official traffic map described in Section II hereof and declared controlled intersections.
3. DESIGNATION OF LOCATION OF STOP SIGNS AND YIELD SIGNS In the interests of public safety, stop signs and yield signs shall be installed at the locations indicated on the official traffic map referred to in Section II herein.
4. OPERATORS TO OBEY TRAFFIC CONTROL DEVICES Every operator of a vehicle approaching an intersection at which an official traffic control device is erected shall obey the direction of such official traffic control device as required by the Wisconsin Statutes incorporated by reference in Section I of this Code.

SECTION V  –  ONE-WAY HIGHWAYS, SAFETY ZONES, SAFETY ISLANDS, TURNS AND LANES     

No person shall drive or operate a vehicle on any highway or portion thereof except in conformity with the traffic control device designating and identifying an area; such as a one-way turn or U-turn area; or area designating separate lanes for slow moving traffic or for traffic moving in a particular direction.

SECTION VI         WEIGHT LIMITS AND HEAVY TRAFFIC ROUTES

1. STREETS DESIGNATED AS CLASS “B” HIGHWAYS All highways under the control of the Township of Germantown, are hereby designated as Class “B” Highways by the Wisconsin Statutes adopted by reference in Section I of this Code, the County Highway Commission or by the Town Board.
2. SPECIAL AND SEASONAL WEIGHT LIMITATIONS The Town Board or its Designee shall have the authority to impose special and seasonal weight limitations maintained by the Town to prevent injury to the roadway or for the safety of the users of such bridge or culvert and shall be responsible for erecting uniform traffic control devices giving notice thereof in accordance with this Code.

SECION VII  –  ABONDONED VEHICLES

1. ABANDONMENT OF VEHILCES PROHIBITED No person shall abandon any vehicle unattended within the Township of Germantown for such time and under such circumstances as to cause the vehicle o reasonably appear to be abandoned.
2. DEFINITION   As used in this Section “vehicle” means a motor vehicle, trailer, semi-trailer or mobile home as defined in Section I of this Code, whether or not that vehicle is registered under Chapter 341, Wis. Stats.
3. PRESUMTION OF ABANDONMENT Any vehicle left unattended for more than 48 hours on any public street or grounds, or on private property where parking is prohibited, limited, or restricted, without the permission of the owner or lessee, is deemed abandoned and constitutes a public nuisance; provided that the vehicle shall not be deemed abandoned under this Section if left unattended on private property out of public view, by permission of the owner or lessee.
4. EXCEPTIONS This Section shall not apply to a vehicle in an enclosed building; a vehicle in an appropriate storage place or depository maintained in a lawful place and manner.
5. REMOVAL AND IMPOUNDMENT OR SALE. Any vehicle found abandoned in violation of this Ordinance shall be impounded by the Town Board or its Designee until lawfully claimed or disposed of as provided in this Section.  If the Town Board determines towing costs and storage charges for the impoundment period, would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment.  Upon the determination by the Town Board or its Designee that the vehicle is not wanted for evidence or any other reason; provided that vehicle is in excess of 19 model years of age shall be sold or disposed of only by auction, sale or sealed bid in accordance with this subsection.
6. MINIMUM IMPOUNDMENT   The minimum period of impoundment or storage of a vehicle found in violation of this Section shall be 30 days.
7. NOTCIE TO OWNER The Town Board or its Designee removing or causing the removal of any vehicle found in violation of this Section shall within 2 days thereafter notify the owner and lien holders of record, by certified mail, of the impoundment and of their right to reclaim the vehicle.  The notice shall set forth information contained in Section 342.40(3), Wis. Stats., and shall state that the failure of the owner to lien holders to exercise their rights to reclaim the vehicle shall be deemed a waiver of all right, title and interest in the vehicle and a consent to the sale of the vehicle.
8. SALE Each retained vehicle not reclaimed by the owner or lien holder may be disposed of by sealed bid or auction sale a provided in Section 342.40(3), Wis. Stats.
9. SALE TO BAR CLAIMS AGAINST VEHICLE The sale of a motor vehicle under the provisions of this Section shall forever bar all prior claims thereto and interest therein except as hereinafter provided.
10. PURCHASER TO REMOVE VEHICLE The purchaser of any vehicle on sealed bid or auction sale under this Section shall have ten (10) days to remove the vehicle from the storage area upon payment of a storage fee as set in the Town of Germantown fee schedule for each day the vehicle has remained in storage after the second business day subsequent to the sale date.  Ten (10) days after the sale the purchaser shall forfeit all interest in the vehicle and the vehicle shall be deemed to be abandoned and may be again sold.
11. REQUEST FOR LIST    Any listing of vehicles to be sold pursuant to this Section shall be made available by the Town Clerk or his Designee to any interested person or organization who makes a written request therefore, for a fee as set in the Town of Germantown fee schedule.
12. NOTICE TO DEPARTMENT Within five (5) days after sale or disposition of a vehicle under this Section, the Clerk shall advise the Wisconsin Department of Transportation of such sale or disposition on a form supplied by the Department.
13. OWNER MAY FILE At any time within two (2) years of a sale of a motor vehicle as provided herein, any person claiming ownership of such motor vehicle or a financial interest therein may present a claim to the Town Board setting forth such facts as are necessary to establish such ownership or interest, and that the failure of the claimant to reclaim the vehicle prior to sale was not the result of the neglect or fault of the claimant.  If the Town Board is satisfied as to the Justice of such claim, it may allow the same but in no case shall the amount allowed exceed the sum paid in to the Town Treasury as a result of the sale of such motor vehicle, nor the amount of interest of the claimant therein.
14. EXEMPTION Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason, and who shall be unable to cause removal of such vehicle from any alley, street, highway or public place, not otherwise regulated as a restricted parking, stopping or standing zone, shall within twelve (12) hours of such occurrence, notify the Town Board or its Designee of the location of the vehicle an shall transfer and deliver clear title for said vehicle to the Designee together with a fee as set in the Town of Germantown fee schedule to offset the costs of towing and junking charges and shall be exempt from the provisions of this Ordinance.

When so requested by the owner or person in charge of a vehicle, the Board’s Designee shall be authorized to order such vehicle removed and junked directly from the scene of disablement by him or a contractor engaged by the Town for towing of disabled vehicles.

SECTION VIII  –  PENALTIES

1. FORFEITURE PENALTY The penalty for a violation of any provision of this Code shall be a forfeiture as hereinafter provided together with the costs of prosecution and the penalty assessment imposed by Section 165.87 Wis. Stats., where applicable.  Payment of the judgment may be suspended by the sentencing Judge for not more than sixty (60) days.  Any person who shall fail to pay the amount of forfeiture, costs of prosecution and penalty imposed for violation of any provision of this Code may, upon Order of the Court entering Judgment therefore and having jurisdiction of the case, be imprisoned until such forfeiture, costs and assessments are paid, but not exceeding ninety (90) days.
2. OTHER SANCTIONS Nothing herein shall preclude or affect the power of the sentencing Court to exercise additional authorities granted by the Wisconsin Statutes to suspend or revoke the operating privileges of the defendant or to order the defendant to submit to assessment and rehabilitation or attend traffic safety school in addition to payment of a monetary penalty or in lieu of imprisonment.
3. FORFEITURES FOR UNIFORM TRAFFIC OFFENSES Forfeitures for violations of any traffic regulations set forth in the Wisconsin Statutes adopted by reference in Section I of this Code shall conform to the comparable State Statutes, including any variations or increases for subsequent offenses; provided, however, that this subsection shall not permit prosecution under this Code of any offense for which an imprisonment penalty or fine may be imposed upon the defendant.

SECTION IX  –  ENFORCEMENT

This Ordinance shall be enforced in accordance with the applicable provisions of the Wisconsin Statutes and this Section.

1. APPLICABLE COURT PROCEDURES Except as otherwise specifically provided by the laws of the Statutes or this Code, the traffic regulations of this Code shall be enforced in the Circuit Court of Juneau County in accordance with the provisions of Chapter 288 and 299 and Section 345.20(2)(a), Wis. Stats.

Introduced and adopted April 13, 1981
Gervase Thompson, Town Chairman
Paula Tessmer, Town Clerk

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer 

Amended to remove the word “culvert” and add “special and seasonal weight limitations” to section VI, 2, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 13th day of October, 2015.

APPROVED:   Gregg Haunroth, Town Chairman
ATTEST:  Susan Ganther, Town Clerk/Treasurer

ORDINANCE 15

TOWN OF GERMANTOWN

A LAND USE ORDINANCE COVERING DEDICATION OF LANDS FOR TOWN ROADS, MINIMUM TOWN ROAD CONSTRUCTION AND MISCELLANEOUS ROAD PROVISION.

The Town Board of the Town of Germantown does ordain that:

SECTION I 

State Statutes 86.01 through 86.07 through 86.105, 86.14 through 86.17, 86.19(1), (3), and 86.192 are specifically adopted and incorporated into this ordinance.  Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this ordinance in order to secure uniform statewide regulation of highways, streets and alleys of the State of Wisconsin. 

SECTION II 

After May 9,2023, all roads, prior to being accepted by the Town from a developer, owner or other entity, shall have the following minimum geometric design standards:  Right of way; 4 rods: crushed aggregate base course roadway width 30 feet hot mix asphalt pavement; surface width 22 feet; gravel shoulder width 3 feet.

SECTION III 

Before any road or street will be accepted by the Town, the owner must comply with the following requirements:

1. That the 4 rod right of way has been brushed, ditched and back-sloped, except that back-sloping may be eliminated by action of the Town Board or its designated representative if the natural ground slope is such as to render back-slope grading impractical.

2. That the depth of ditching shall be adequate to meet the drainage requirements existing at the site, but in no case shall the ditching be less than 15’ below the bottom of the road base material. A 12’ diameter culvert which extends at least 2 feet beyond either edge of a driveway must be installed if that driveway would impede drainage water flow.  Owner’s responsibility of all new driveways.  For town roads contact the Zoning Administrator, for county roads contact the County Road Superintendent.

3. Knolls and hills shall be leveled to provide vision of a minimum of .1 mile in either direction.

4. Curves and intersections shall be graded and designed to provide full vision and safety for all users of the road or street.

5. There shall be a minimum of 8” compacted road base material conforming to section 305 of the State of Wisconsin, DOT, Standard Specifications for Highway and Structure The road base shall be compacted to a minimum of 95% Modified Proctor Density crowned at the center line and evenly sloped at a downward grade of 2% to the outer edge of the shoulder. 

6. The roadway finished surface shall be three inch hotmix asphalt pavement applied and finished in accordance with Section 460 of the State of Wisconsin Standard Specifications for Highway and Structure Construction. The finished surface shall be crowned and sloped as provided for the road base. The hot mix asphalt pavement shall be constructed in two courses.  The first course shall be a 1.5 inch binder course.  The second course shall be a 1.5 inch surface course.

7. Shoulders shall be of the same material as the road base or surfaced roadway, level with the joining roadway surface. Shoulders shall be compacted to the same degree as the road base.

8. Ditches shall be seeded with a DOT standard seed mixture appropriate to the area and conditions, applied in accordance with Section 630, of the State of Wisconsin, DOT Standard Specifications for Highway and Structure Construction. Growth of seeded mixture plants shall be healthy, without burn and a minimum of two inches in height upon acceptance.

9. Public roads should be laid out to be through streets if possible. If cul-de-sacs are used, the cul-de-sacs shall have a right of  way radius of at least 75 feet .

SECTION IV 

Town Ordinance 5, “Ordinance to assign town road names”, published October 19, 1976, is incorporated herein and Ordinance 5 is abolished.

1. ASSIGN TOWN ROAD NAMES

In accordance with Statute 81.01(11) of Wisconsin Statutes (created by chapter 381, Laws of 1975), which requires the assignment of names of each road under the Town’s jurisdiction, the road names as shown on the attached plat are hereby assignees.”

2. NAMING OF ROADS

Naming of roads will also require coordination with Juneau County to avoid name duplication.

SECTION V 

Any person(s), form or corporation violating a provision of Section I of this Ordinance shall be liable, upon conviction to the fines or imprisonment or other legal resources as provided for in the State Statutes concerned. 

SECTION VI 

If any provision of this Ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provision or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or applications.

SECTION VII 

This Ordinance shall be in force and affect the day after legal publication.  The foregoing ordinance was amended and adopted at a regular meeting of the Town of Germantown, Juneau County, Wisconsin, on January 14, 1997. 

                                Michael Sullivan, Supervisor 1

                                C.J. Laridaen, Supervisor 2

                                J.V. Schulz, Town Chairman

                                Published this 15^th day of February, 1997

                                Kathleen Potter, Town Clerk

Changes were adopted at a regular town meeting of the Town of Germantown, Juneau County, Wisconsin, on June 10, 2003.

                                Robert Miller, Town Chairman

                                Rosetta Boyle, Supervisor

                                Richard Mazzoni, Supervisor

                                Bartley Hallinan, Supervisor

                                Wilmer (Bud) Kass, Supervisor

Changes were adopted at the regular town meeting of the Town of Germantown, Juneau County, Wisconsin, on September 15, 2004.

                                Robert Miller, Town Chairman

                                Rosetta Boyle, Supervisor

                                Richard Mazzoni, Supervisor

                                Wilmer (Bud) Kass, Supervisor

                                Dave Specht, Supervisor

Changes and updates were adopted a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 9^th day of May, 2023. 

APPROVED:  Gregg Haunroth, Town Chairman 

ATTEST:  Susan Ganther, Town Clerk/Treasurer

ORDINANCE #18

TOWN OF GERMANTOWN

AN ORDINANCE TO CONTROL HAND GUNS IN PUBLIC BUILDINGS IN THE TOWNSHIP OF GERMANTOWN

The town board of the Township of Germantown, Juneau County, Wisconsin, do ordain as follows:

SECTION I
Definitions:  As used in this Ordinance, the following terms shall have the following meanings:

1. “Public Building” means any structure, including exterior platform or steps providing means for ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public.
2. “Hand Gun” means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

SECTION II
It shall be unlawful for any person to wear or carry a hand gun in any building open for business to the public, except of said person’s place of lodging, in the Township of Germantown, unless the person is:

1. A law enforcement officer;
2. A licensed gun dealer at his place of business;
3. In a licensed gun dealer’s place of business for the purpose of buying or selling a hand gun, or delivering or picking up a hand gun for repairs.
4. In possession of a Wisconsin concealed carry permit issued under state statute 175.60, or an out-of-state concealed carry permit that is recognized by the state of Wisconsin.

SECTION III
Any person found to be in violation of this Ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.

SECTION IV
If any section or part of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect.  To this end, the provisions of this Ordinance are declared severable.

SECTION V
This Ordinance shall be in full force and effect from and after its passage and publication.

Introduced and adopted this 13^th day of September, 1982

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer                     

Amended to add section II. d. at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on November 10, 2015.

d. In possession of a Wisconsin concealed carry permit issued under state statute 175.60, or an out-of-state concealed carry permit that is recognized by the state of Wisconsin.

APPROVED: Gregg Haunroth, Town Chairman 
ATTEST: Susan Ganther, Town Clerk/Treasurer

Ordinance-22   Zoning Ordinance

Sign Ordinance – Sign Ordinance #23 as updated Oct 12, 2021

Ordinance 25      2002-11-12       Subdivisions

ORDINANCE #27

TOWN OF GERMANTOWN

ORDINANCE RELATING TO THE ISSUANCE OF CITATIONS FOR VIOLATION OF TOWN OF GERMATON ORDINANCES.

The Town Board of Supervisors of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I – STATUTORY AUTHORITY
Pursuant to Section 66.119 of the Wisconsin Statutes, the Town Board of Supervisors of the Town of Germantown hereby elects to use the citation method of enforcement of town ordinances described herein other than those for which a statutory counterpart exists.

SECTION II – FORM OF CITATION
The citations shall contain the following:

1. The name and address of the alleged violator;
2. The factual allegations describing the alleged violation;
3. The time and place of the offense;
4. The section of the ordinance violated;
5. A designation of the offense in such as can readily be understood by a person making a reasonable effort to do so;
6. The time at which the alleged violator may appear in court;
7. A statement which in essence informs the alleged violator:
8. That a cash deposit based on the schedule established by this ordinance may be made which shall be delivered or mailed to the Clerk of Court prior to the time of scheduled court appearance.
9. That if a deposit is made, no appearance in court is necessary unless subsequently summoned.
10. That if a cash deposit is made and the alleged violator does not appear in Court, he will be deemed to have entered a plea of no contest, or if the court does not accept the plea of no contest, a summons will be issued commanding him/her to appear in court to answer the complaint.
11. That if no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture.
12. A direction that if the alleged violator elects to make cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under “g” above has been read. Such statement shall be sent or brought with the cash deposit.
13. Such other information as the Town deems necessary.

SECTION III – SCHEDULE OF DEPOSITS
Deposits shall be made in the amount equal to a schedule adopted by the Town Board and amended from time to time by resolution. Copies of the schedule shall be available from the Town Clerk.

SECTION IV – ISSUANCE OF CITATION
Citations may be issued by members of the Town Board or any individual designated by the Town Board pursuant to board resolution.

SECTION V – PROCEDURE
Section 66.119(3) Wisconsin Statutes relating to violator’s options and procedures on default is hereby adopted and incorporated by reference.

SECTION VI – NON-EXCLUSIVITY
A. OTHER ORDINANCE
Adoption of this ordinance does not preclude the Town Board from adopting any other law or ordinance relating to the same or other matter.

B. OTHER REMEDIES
The issuance of a citation hereunder shall not preclude the Town Board or any authorized office from proceedings under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

SECTION VII – SEVERABILITY
If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstances is invalid or unconstitutional, such invalidity to unconstitutionality shall not affect the provision or application of this ordinance which can be given effect without the invalid or unconstitutional provision or application.

SECTION VIII – EFFECTIVE DATE
This ordinance shall take effect upon its passage and publication as provided by law.

The foregoing ordinance was adopted at a regular town meeting of the Town Board of the Town of Germantown on February 29, 1996.

Ordinances enforced by citation include (Ordinance number and simplified subject matter only):
Ordinance 1  Regulating Boat Speed
Ordinance 3  Littering
Ordinance 4  Driveways
Ordinance 7  Snowmobiles
Ordinance 8  Camping
Ordinance 9  Division of Lands, etc.
Ordinance 14  Slow – No Wake
Ordinance 18  Control of Hand Guns
Ordinance 22  Zoning
Ordinance 23  Signs
Ordinance 24 Recycling
Ordinance 28  Slow – No Wake

Adopted February 29, 1996

ORDINANCE #29

TOWN OF GERMANTOWN

ORDINANCE TO INCREASE THE SIZE OF THE TOWN BOARD FROM THREE TO FIVE MEMBERS.

The Town Board of the Town of Germantown, Juneau County, Wisconsin, do ordain as follows:

That as provided for by s.s. 60.21, the Town Board shall be increase from three to five members during the spring election of 1998.  This provides for three supervisors being elected during the spring election of 1997 and two supervisors being elected during the spring election of 1998.  This pattern of electing three supervisors each odd numbered year and two supervisors each even numbered year shall be ongoing as provided by s.s. 60.21 (1).

An advisory but non-binding referendum shall be available to the electorate during the general election of November 5, 1996.

The wording of the referendum ballot shall read:  “Shall the Town of Germantown, Juneau County, Wisconsin increase the size of the Town Board from three to five in the year 1998?  This is an advisory, non-binding referendum.”

The final decision to increase the size of the Town Board shall rest with the Town Board elected at and installed in office following the spring election of 1997.

This ordinance shall be in full force and effect after its passage and one day after publishing.

Published this 29^th day of October, 1996.

ORDINANCE #30

TOWN OF GERMANTOWN

AN ORDINANCE THAT ESTABLISHES SPEED ZONES ON TOWN ROAD, TOWN OF GERMANTOWN, JUNEAU COUNTY, STATE OF WISCONSIN

The Town Board, Town of Germantown, County of Juneau, State of Wisconsin, do ordain as follows:

SECTION I

A traffic and engineering investigation having been made on the following described highways, the maximum permissible speed at which vehicles may be operated on said highways, which speed is herewith established as reasonable and safe pursuant to section 346.57 (4)(g) and section 349.11, Wisconsin Statutes, shall be as set forth herein, and upon erection of standard signs giving notice thereof.

The maximum permissible speed for all vehicles on the following described portion of town roads in the Town of Germantown shall be forty-five miles per hour:

1. 16^th Avenue from 38^th Street, south to County Highway G
2. 17^th Avenue from 38^th Street, south to County Highway G
3. 19^th Avenue from 28^th Street, south to County Highway G
4. 19^th Avenue from County Highway G south to 43^rd Street
5. Petras Road
6. 38^th Street from State 58, east to 17^th Avenue
7. 40^th Street from 19^th Avenue, east to County Highway G
8. 41^st Avenue from 19^th Avenue, east to County Highway G
9. 15^th Avenue from 37^th Street, south to 38^th Street

The maximum permissible speed for all vehicles on the following described portion of town roads in the Town of Germantown shall be thirty-five mile per hour:

1. 15^th Avenue from Little Yellow River, south to 37^th Street
2. Shacks Road
3. 38^th Street from 17^th Avenue, east to Pine Cove Resort
4. 22^nd Avenue, South
5. 22^nd Avenue, North from 31^st to 29th
6. 17^th Avenue, from 38^th Street, north to end
7. 29^th Street
8. 30^th Street
9. 31st Street
10. 18^th Street
11. 17^th Street between 28^th and 30^th
12. 37^th Street from State Highway 58, east to 17^th Avenue
13. 32^nd Street from Hwy 58 to 15^th Avenue

The maximum permissible speed for all vehicles on the following described portion of town roads, in the Town of Germantown shall be twenty-five miles per hour:

1. 19^th Avenue from 36^th Street, north to County Highway G
2. 16^th Avenue from 32nd, south to County Highway G
3. 20^th Avenue from 36h Street, north to County Highway G
4. 15^th Avenue from 32^nd Street, south to County Highway G
5. 22^nd from 29^th to 28th
6. 32^nd Street from 15^th Avenue to 16^th Avenue
7. Alice Lane
8. Apache Trail
9. Bailey’s Boulevard
10. Barbara Lane
11. Bayshore Drive
12. Bayside Circle
13. Beach Drive
14. Beach Cottage Drive
15. Beach Landing
16. Beachtown Circle
17. Beachview Circle
18. Big Oak Drive
19. Blue Water Court
20. Blue Water Circle
21. Boater’s Dream Drive
22. Brook Trout Court
23. Buckhorn Drive
24. Cabin Court
25. Castaway Drive
26. Castle Court
27. Castle Rock Drive
28. Cherokee Circle
29. Cherokee Lane
30. Clearwater Drive
31. Copper Point Drive
32. Collie Drive
33. Dam Road
34. Deer Park Drive
35. Deer Path
36. Driftwood Lane
37. East Point Circle
38. East Side Court
39. Etier Way
40. Evergreen Lane
41. Evergreen Street (Gardens)
42. Fish Camp Circle
43. Forkhorn Court
44. Germantown Drive
45. Glacier Road
46. Godfrey Avenue
47. Haagenson Circle
48. Half Moon Bay Drive, East
49. Half Moon Bay Drive, West
50. High Ridge Road
51. Horny Place
52. Island Court
53. Island Lake Drive
54. Island View Drive
55. Jim Legge Drive
56. Jones Avenue
57. Kayak Court
58. Lake Cabin Drive
59. Lake Court
60. Lakeport Circle
61. Lake Road (High Ridge Subdivision)
62. Lakeview Court
63. Legend Lake Circle
64. Lookout Point Court
65. Lucy Lane
66. Mallard Drive
67. Mallard Drive (Eagle Lake)
68. Meadow Court
69. Meadow Drive
70. Meadow Lane
71. Nordall Lane
72. Northface Cir
73. North Fly Rod Court
74. North Lake Drive
75. North Log Cabin Court
76. North Osprey Drive
77. North Shore Drive
78. North Stone Gate Drive
79. Northwater Circle
80. Oakdale Drive
81. Oak Hollow Trail
82. Osprey Drive
83. Osprey Road
84. Osprey Court
85. Overlook Drive
86. Park Place Drive
87. Pheasant Drive
88. Pine Lane
89. Poplar Lane
90. Presnell Court
91. Quail Drive
92. Quiet Water Court
93. Rainbow Trout Court
94. Raven Court
95. Raven Drive
96. Red Oak Court
97. Red Pine Drive (May’s Point)
98. Ridgewater Drive (to cul-de-sac)
99. Rising Sun Court
100. River’s Edge Road
101. Ruby Drive
102. Running Bear Trail
103. Ruth Court
104. Sandstone Drive
105. Sawyer Road
106. Setting Sun Court
107. Shady Lane
108. Shimmering Waters Drive
109. Silver Canoe Court
110. Sioux Court
111. South Fly Rod Court
112. South Lake Drive
113. South Log Cabin Court
114. South Osprey Drive
115. South Shore Road
116. South Stone Gate Drive
117. Sullivan Lane
118. Sunny Lane
119. Sunset Drive
120. Three Rivers Drive
121. Timber Ridge Lane
122. Timber Trail
123. Tomahawk Trail
124. Trail’s End Court
125. Trophy Drive
126. Wally Way
127. Water Street
128. Waterstone Lane
129. Waterway Circle
130. Westwater Circle
131. Whistling Wings Drive
132. White Oak Drive
133. White Sand Court
134. Windcrest Court
135. Windover Court
136. Wood Duck Lane
137. Woodland Trail
138. Woodside Avenue
139. 15^th Avenue from County Highway G south to Little Yellow River
140. Woodland Drive
141. Oakwood Lane

SECTION II 

Any person violating any provisions of this ordinance may be required to forfeit a fee as set in the Town of Germantown fee schedule.

SECTION III

This ordinance replaces and/or supersedes previously published ordinances numbered 10, 11, 12, 19, and 20.

SECTION IV 

This ordinance shall be in force and effect the day after legal publication.

The foregoing ordinance was introduced and adopted at the regular monthly meeting of the Town Board of the Town of Germantown this 13^th day of July, 1999.

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

Amended by the town board at a meeting held November 13, 2018

Amended by the town board at a meeting held December 11, 2018.

Amended by the town board at a meeting held August 16, 2022.

Amended by the town board at a meeting held July 18, 2023.

APPROVED:                                                                            ATTEST:

Gregg Haunroth, Town Chairman                                  Susan Ganther, Clerk/Treasurer

Ordinance 31

ORDINANCE AMENDMENT CREATING ORDINANCE 31, TOWN OF GERMANTOWN, RELATED TO DECLARATION OF STATE OF EMERGENCY

WHEREAS, Chapter 166 of the Wisconsin Statutes confers the power to plan for and response to natural or man-made disasters on the County; and

WHEREAS, Chapter 166 authorizes local governments to adopt ordinances to provide for emergency management;

WHEREAS, it is advisable to provide for clear lines of authority and control in the event of emergencies to that governmental resource can be quickly and effectively applied to meet emergency situations;

WHEREAS, Town Board has opined that the Town has the authority to adopt an ordinance delegating the power to declare an emergency to its Town Board Chairperson;

NOW THEREFORE, the Town Board of Supervisors of the Town of Germantown does hereby ordain as follows:

Ordinance 31 of the Town of Germantown Code of Ordinances is created to read as follows:

31.1(1) Findings.  The Town Board of Supervisors finds that preparation for and planning to meet the circumstances which may confront the Town in times of natural or man-made disasters or emergencies is a high priority of the Town.  Town’s obligation to promote the public health, safety and welfare requires that clear procedures be adopted in advance of emergencies so that the resources necessary to respond that such emergencies can be immediately and effectively directed to meet them.  Therefore, the Board finds, that pursuant to section 59.07(64), stats., the public peace, health, safety and welfare, together with the need to maintain the good order of the community, requires that an ordinance be adopted providing for emergency management, and delegating the power to coordinate such emergency management to the Town Board Chairperson.

31.2(2) Declaration of Emergency.  Whenever, in the discretion of the Town Board Chairperson, it appears that by reason of flood, storms, hail, pests, drought, chemical contamination, radioactive contamination, insurrection, civil emergency, tornado, ice storm, or other natural or man-made emergency, it becomes necessary, to provide for the safety, welfare, health and relief of the residents and occupants of Town of Germantown, the Chairperson may declare an emergency according to the provisions of this ordinance.

31.3(3) Declaration of Emergency. Upon the happening of an event described in section 10.2 of this code, the Chairperson may sign a written order finding that circumstances describing the order warrant and require the declaration of an emergency.  The declaration shall state the area covered by the declaration with reference to towns or incorporated municipalities.  The declaration shall state the purpose of the declaration, for citing the general goals sought to be accomplished through the declaration.  The declaration shall state the expiration date of the declaration; if no date is provided, the declaration shall automatically expire within or at the end of the seventh day following the proclamation.

31.4(4) Effective Declaration.  Upon the execution of the declaration, the Chairperson shall file a copy of the declaration with the Town Clerk, and communicate the declaration to the Town Chairman, Mayors, Village Presidents, or other local officials of the areas affected by the declaration.  A copy of the declaration shall also be provided to the sheriff of Juneau County and to its Chiefs of Police of any police departments within the area affected by the declaration.  The Chairperson shall seek with diligence to inform the public through the press and media of the emergency.  The declaration shall have the effect of an ordinance enacted pursuant to section 59.04(64), Stats. And shall be enforceable as such.  The Sheriff and other law enforcement officers are authorized to use the power of arrests to affect necessary protective evacuation of individuals from disaster areas, and the Town shall save and hold harmless any peace officer acting in good faith pursuant to the directives of a declaration of an emergency.

31.5(5) Town Board Chairperson Powers; Enforcement.  For the purpose of effecting emergency response, the Town Board Chairperson shall, during the term of any declared emergency, exercise the supervisory powers of Town department heads and employees that are provided to the county administrator by section 59.033m stats, not-withstanding this grant of authority, however, the Town Board Chairperson may not utilize this supervisory authority for the purpose of discharging or demoting any town employee.  The Town Board Chairperson shall have the authority to direct by order that persons endangered by the pendency of natural or man-made disasters may be evacuated by the sheriff and other peace officers.  The Town Board Chairperson may also order and direct the prosecution of relief efforts using equipment owned or obtained by the Town for any necessary purpose related to disaster relief.

31.6(6) Succession to authority of Town Chairperson.  In the event that the Town Board Chairperson is absent from the state or is physically unavailable to exercise the authority vested in this ordinance, or has been incapacitated by accident, disease or injury, then the powers contained in this ordinance shall transfer to a person designated by a Resolution, enacted in May of each year, naming a Line of Succession approved by a majority vote of the Town Board.

31.7(7) Obstruction of Emergency Relief Efforts; Penalty.  No person may obstruct, interfere, impede or in any way harass or impair the efficient and effective prosecution of relief efforts necessary for the protection of persons or property.  Any person who so obstructs or impairs relief efforts, having first been warned orally by the relief authority to desist from such activities, may be fined according to fees set in the Town of Germantown fee schedule.  Each day of the violation shall be considered a separate offense.  It shall be a defense to this offense for a person, not incompetent, to refuse  to be evacuated for the reason that the person wishes to remain with his or her property and the person releases and waives any liability on the part of the county or its officers for failing to evacuate the individual.

This ordinance shall be effective on the day following its publication.  Town of Germantown Board of Supervisors.

Passed on Feb 13, 2001

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

Amended to add the bold text below to 31.6(6) Succession to authority of Town Chairperson.  In the event that the Town Board Chairperson is absent from the state or is physically unavailable to exercise the authority vested in this ordinance, or has been incapacitated by accident, disease or injury, then the powers contained in this ordinance shall transfer to a person designated by a Resolution, enacted in May of each year, naming a Line of Succession approved by a majority vote of the Town Board.

at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 13th day of October, 2015.

APPROVED:  Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

ORDINANCE 34
PUBLIC NUISANCE ORDINANCE

Section 1: Title / Purpose
This ordinance is entitled the “Town of Germantown Public Nuisance Ordinance”. The purpose of this ordinance is as follows:

Section 2: Authority
The Town Board of the Town of Germantown has the specific authority, powers and duties, pursuant to Sec, 66 (1998-1998) Wis. Stats., and Chapters 60, 61, 62, 66 and 823, Wis. State Stats., and pursuant to the specific statutory sections noted in this ordinance and/or by its adoption of village powers under Sec. 60.10, (1988-1989) Wis. Stats., to regulate, control, prevent and enforce against in the Town of Germantown certain uses, activities, businesses and operations by persons that may cause a public nuisance in the Town of Germantown.

Section 3: Purpose
The purpose of this ordinance is to promote and protect the peace, health, safety, property and general welfare of the Town; to protect and preserve property values; to abate and prevent blighted areas; and to recognize the private and public benefits resulting from the safe maintenance of buildings and vacant areas.

Section 4:  General Provisions

4.1 Public Health Nuisance
No person shall cause, allow or permit any person to create any public nuisance areas on owned, leased, or controlled by that person in the Town of Germantown. The following are specifically declared by the Town Board of the Town of Germantown to be public health nuisances. This declaration should not be construed to exclude other public nuisances affecting public health in the Town of Germantown.

a.  breeding places for vermin, etc.; Accumulation of decayed animal or vegetable matter, garbage, refuse, rubbish, rotting lumber, bedding, packing materials, scrap metal or any materials whatsoever in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed.

b.  an unburied animal carcass area where a dead animal or dead animals are not buried in a sanitary manner within 24 hours of death.

c.  stagnant water area where mosquitoes, flies and other insects can breed.

d.  noxious odors, etc.: Any use of property, substances or things within the Town  emitting or causing any foul, offensive noisome, nauseous, noxious or dis-agreeable odors, gases, effluvia or stenches extremely repulsive to ordinary persons, or which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Town of Germantown.

e.  well pollution area where pollution from the premises entering the ground water is a cause of a private or public drinking water well on another property to become of lesser quality.

f.  surface water pollution area where pollution from the premises entering the surface water is a cause of private or public drinking water well on another property or any river, stream, lake, ditch, canal, or other body of water to become of a lesser quality.

g. an air pollution area where emissions of smoke, soot, fumes, gases, ash, dust or other pollutants into the atmosphere repulsive to the senses of ordinary persons are allowed to continue to the annoyance or discomfort of persons or are allowed to cause injury to persons or property in the Town of Germantown.

h.   human burial area where a human body or bodies are buried in the Town of Germantown outside of an established cemetery.

i.  an unwholesome food area where harmful, contaminated or polluted food or drink is sold or served on the premises to persons in the Town of Germantown.

j.   a dangerous building area where the building, structure, place or the electrical, heat or water supply is in a condition and location to cause a menace or danger to the public health of persons in the Town of Germantown.

k.  an improper sewage area where the effluent from the sewer, septic tank, holding tank or cesspool on the premises is in a condition and location to cause a menace or danger to public health of persons in the Town of Germantown.

l. a noxious material discharge area where the discharge, disposal, storage or treatment of noxious, filthy, decaying or nauseous materials repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property in the Town of Germantown.

m.  No unpermitted dumping in brush dump.  See Fee Schedule for permit for fees and fines.

 4.2  Public Safety Nuisance
No person shall cause, allow or permit any person to create any public nuisance area on the premises owned, leased or controlled by that person in the Town of Germantown. The following are specifically declared by the Town Board of the Town of Germantown to be public nuisances. The declaration should not be construed to exclude other public nuisances affecting public safety in the Town of Germantown.

1. an abandoned or wrecked motor vehicle area where motor vehicles, tractors, house trailers, railroad cars and/or other motorized vehicles and abandoned or unused refrigerators or other containers with airtight doors from which the doors or covers have not been removed which are allowed to accumulate without a proper junkyard permit issued by the Town of Germantown except as allowed under Ordinance 22, Sec. 2.05 of the Town of Germantown Zoning Ordinance.
2. a dilapidated building area where old or dilapidated buildings, structures and equipment are allowed to stand while they are dangerous, unsafe, unsanitary, uninhabitable, unfit for the use to which originally intended or adopted or otherwise unfit for human use and occupancy.
3. a dangerous tree area where trees and limbs are in a condition and location to cause a menace or danger to public safety to persons in the Town of Germantown.
4. a loud noise area where loud sounds of motor vehicles, animals or music, including ordinary persons are allowed to continue to the annoyance or discomfort of persons or injury to person or property in the Town of Germantown.
5. an obstruction area where structures, hedges, trees, weeds, signs, billboards,buildings, or equipment are installed or maintained near a public highway, road, street, alley, or railroad crossing and due to the condition and location block a clean view of traffic including but not limited to state standards at intersections that cause a menace or danger to public safety or persons in the Town of Germantown
6. violations of state laws relating to the storage of flammable liquids.

4.3      Property Value Nuisance
No person in the Town of Germantown shall cause, allow or permit any person to maintain a nuisance on premises owned, leased or controlled by that person where the nuisance causes substantial diminution of the value of properties of others in the neighborhood wherein which the premises is located..

4.4      Public Hazard Nuisance
To prevent a public nuisance, no person in the Town of Germantown shall cause, allow or permit any person to allow the premises owned, leased or controlled by that person to become dangerous, unsafe, unsanitary, foul, a fire menace or public hazard by:

1.  allowing illegal, offensive or unsafe vegetation to grow on the premises.
2. allowing trash, debris, old lumber, furniture, freezers, stoves, refrigerators, tires, or waste to accumulate in unsheltered areas on the premises
3. allowing combustibles rubbish, paper, oily rags, petroleum products or other highly flammable materials to be improperly secured and or improperly stored in or around any building on the premises
4. allowing domestic animals (dangerous or otherwise) to run at large or on the premises wherein they can access property of another to the annoyance or discomfort of persons or are allowed to cause injury to persons or property in the Town of Germantown
5. any dwelling within the Town of Germantown which is in a general condition of disrepair or deterioration showing the structure has not been maintained for a substantial period of time shall be deemed a Property Value Nuisance.

 4.5 Highway Noise Nuisance
No person shall cause, allow or permit any person to operate any motor vehicle in the Town of Germantown where the sound level from the operation of the motor vehicle is a noise disturbance or a noise nuisance created at or by the motor vehicle included but not limited to creating sounds in excess of 80 decibels at 100 feet.

4.6   Waste Disposal Nuisance
The Town of Germantown prohibits, any person from intentionally discharging or depositing any solid waste, hazardous waste, recyclable materials or any other waste materials on or along any sidewalk, roadway, street, alley or highway in the Town of Germantown, in the water in the Town of Germantown, on the ice of any water in the          Town of Germantown or on any public or private property in the Town of Germantown

4.7   Blighted Premises
No person shall cause, allow or permit any person to create or maintain on the premises owned, leased or controlled by the person in the Town of Germantown any structure, mobile home, improvement or premises which is a menace to public health, safety, morals or welfare in its present condition or which endangers life and/or property by threat of fire or other hazards is hereby declared a public nuisance including:

1. Illegal buildings – All buildings erected, repaired or altered in violation of German- town ordinances or state law.
2. Dilapidated structures – All buildings or structures old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use or occupancy or that the building offends the aesthetic character of the immediate neighborhood or produces blight or deterioration.
3. Every foundation, wall, roof, window and every other entrance to a structure which is not maintained to prevent the entrance and harborage of rats, mice or other vermin.
4. Abandoned, untitled or unlicensed mobile homes, recreational vehicles, travel trailers unfit for human use or occupancy.

Section 5  Penalty/Abatement

5.1        Right to Inspect
 The Town or its designee shall have the authority to enter upon any public or private premises and dwelling unit located within the Town, at reasonable hours, upon notice, for the purpose of inspecting to determine whether a violation of this ordinance exists.  Where entry is denied, the Town will obtain a special inspection warrant as provided by law.

5.2       Notice to Owner
If a public nuisance exists, notice shall be given to the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises by regular mail.  The notice shall direct them to abate or remove such nuisance within a time specified and unless such nuisance is abated, the Town will cause the same to be abated and charge the cost thereof to the owner, occupant and person causing or allowing the nuisance, as the case may be.  However, in the case of immediate danger to the public health, safety or peace, the Town’s designee having a duty to enforce shall act immediately hereunder.

5.3       Abatement by Town
If the nuisance is not abated within the time provide or if the owner, occupant or person causing the nuisance cannot be found, the Town’s designee have the duty of enforcement shall cause the abatement or removal of such nuisance

5.4       Abatement by Court Action
If the public nuisance exists on private premises but the nature of such nuisance is not such as to threaten great and immediate danger to public health, safety or peace, then a court action to abate such nuisance may be commenced as provided in the Wisconsin Statutes.

5.5       Other Methods Not Excluded
Nothing in this ordinance shall be construed as prohibiting or limiting the abatement of public nuisances or other objectionable conditions by the Town of Germantown in accordance with the laws of the state.

5.6       Cost of Abatement
In addition to any other penalty imposed herein for the creation, continuation or maintenance of a public nuisance, the cost of abating a public nuisance shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such costs may be imposed as a special charge against real property for services rendered to the property served and become a lien against the property which it is imposed .  The delinquent special charge shall be included in the current or next tax roll for collection and settlement under Chapter 74.

5.7       Penalty
Any person who shall violate any provision of this Ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.

Section 6   Severability
If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application.

Section 7   Effective Date
This ordinance shall take effect upon its passage and one day after publication as provided by law.

ADOPTED by the Town Board of the Town of Germantown, Juneau County, Wisconsin, this 11^th day of July 2000.

APPROVED: Town Chairman Wayne Potter, Supervisor Robert Brainerd, Supervisor – Rosetta Boyle, Supervisor Wilmer (Bud) Kass, Supervisor – Richard Mazzoni
ATTEST: Marion L. Uphoff

1Amended this 14^th day of April, 2009

APPROVED: Chairman – William Jax, Supervisor – Rosetta Boyle, Supervisor – Steve Gillespie, Supervisor – Michael Poe, Supervisor – David Specht
ATTEST: Clerk/Treasurer – Betty Manson

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

Amended to add “m” to Section 4.1 to say, “no unpermitted dumping in brush dump.  See Fee Schedule for permit fees and fines.”, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 14th day of February, 2023. 

APPROVED:                                                            

Gregg Haunroth, Town Chairman                      

ATTEST:

Susan Ganther, Town Clerk/Treasurer

ORDINANCE #35

TOWN OF GERMANTOWN

TOWN ROAD DAMAGE ORDINANCE

The intent of this Ordinance is to regulate any vehicle, trailer, equipment or machinery which may be propelled, moved on, along and/or across town roads in a manner which causes damage to the roadway.

The Town Board of the Town of Germantown, Wisconsin, does ordain as follows:

SECTION I   STATE STATUTES ON TOWN ROADS AND HIGHWAYS ADOPTED
Except as otherwise specified in this ordinance, the statutory provision in Chapter 81 of the Wisconsin Statutes, plus the administrative rules and regulations adopted by the Secretary of the Wisconsin Department of Transportation and published in the Wisconsin Administrative Code, describing and defining regulations with respect to town highway use, exclusive of any regulations for which the statutory penalty is a fine or imprisonment are hereby adopted and by reference made a part of this ordinance as set forth herein.

SECTION II   DISORDERLY CONDUCT ON A TOWN ROAD
No personal shall operate a vehicle, trailer, item of machinery, or equipment, exceeding 1,500 lbs. in weight, which is not supported or moved on rubber covered wheels, across any hard surface portion of a town road including unloading onto, moving onto, over or across any such road, unless the portion of the road to be traversed has been covered by protective material which will prevent damage to the road, nor shall any person operate such equipment in a manner to cause the tires to spin and displace pavement, sand or gravel, from the roadway, gouge into the road surface, crack, break off or rut the road surface.

SECTION III    PENALTIES
The owner of any such equipment as described in Section II above or any person who propels or causes such equipment to be moved along, upon or across a town highway, shall be in violation of this ordinance, and shall be subjected to a fine as set in the Town of Germantown fee schedule.

In addition, the owner of any equipment described in this ordinance, or any person who propels or causes such equipment to be moved along, upon or across a town highway, shall be liable for all damages that may be caused thereby to such highway, should, culvert, or bridge thereon.

SECTION IV    ENFORCEMENT
This ordinance shall be enforced in accordance with applicable provisions of the Wisconsin Statutes and this ordinance.

SECTION V   EFFECTIVE DATE
This ordinance shall be in full force and effect on the date of its passage and publication.

Adopted by the Board of Supervisors of the Town of Germantown this 26^th day of July, 2000.

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

ORDINANCE #36

TOWN OF GERMANTOWN

AN ORDINANCE PROHIBITING LIVE, TOTALLY NUDE, NON-OBSCENE, EROTIC DANCING IN ESTABLISHMENTS LICENSED TO SELL ALCOHOL BEVERAGES AND CREATING AN EXCEPTION FROM SUCH PROHIBITION FOR THEATERS, CIVIC CENTERS, PERFORMING ARTS CENTERS, AND DINNER THEATERS WHERE LIVE DANCE, BALLET, MUSIC OR DRAMATIC PERFORMACES OF SERIOUS ARTISTIC MERIT ARE OFFERED ON A REGULAR BASIS.

WHEREAS, the Town Board of the Town of Germantown has explicit authority under sec 125.10(1), Stats., to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in ch. 125, Stats., and

WHEREAS, the Town Board has authority under its general police powers set forth in sec. 60.10(2)(c) and 6022(3), Stats., to act for the good order of the municipality and for the health, safety, and welfare of the public; and may carry out its powers by regulation and suppression; and

WHEREAS, the Town Board recognizes it lacks authority to regulate obscenity in light of sec. 66.051(3), Stats., and does not intend by adopting this ordinance to regulate obscenity, since nudity in and of itself is not obscene, it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, non-obscene, erotic dancing in bars and taverns; and

WHEREAS, bars and taverns featuring live, totally nude, non-obscene, erotic dancing have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities, and such secondary effects are detrimental to the public health, safety and general welfare of citizens; and

WHEREAS, the Town Board recognizes the US Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights; and

WHEREAS, however, the governing body is aware, based on the experiences of other communities, that bar and taverns in which live, totally nude, non-obscene, erotic dancing occurs may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Town of Germantown; and

WHEREAS, among these secondary effects are: (a) the potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses, (b) the potential depreciation of property values in neighborhoods where bars and taverns featuring nude dancing exist, (c) health risks associated with the spread of sexually transmitted diseases, and (d) the potential for infiltration by organized crime for the purpose of unlawful conduct; and

WHEREAS, the governing body desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Town of Germantown; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and

Whereas, the governing body has determined that enactment of an ordinance prohibiting live, totally nude, non-obscene erotic dancing in bars and taverns licensed to serve alcohol beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity.

NOW, THEREFORE, The Town Board of the Town of Germantown does ordain as follows:

SECTION I   NUDE DANCING IN LICDENSED ESTAB LISHMENTS REGULATED
It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, live demonstration, live dance or live exhibition on the premises of a licensed establishment which:

• Show his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or
• Shows a portion of the female breast below a point immediately above the top of the areola; or
• Shows the covered male genitals in a discernibly turgid state.

SECTION II   EXEMPTIONS
The provisions of this ordinance do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music or dramatic performances of a serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers entertainment which is intended to provide sexual stimulation or sexual gratification to such customers.  Similarly, the provision of this ordinance do not apply to an establishment that is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

SECTION III   DEFINITIONS
For purposes of this ordinance, the term “licensed establishment” means any establishment by the Town Board of the Town of Germantown to sell alcohol beverages pursuant to ch. 125, Stats. The Term “licensee” means the holder of a retail “Class A”, “Class B”, Class “B”, Class “A”, or “Class C” license granted by the Town Board of the Town of Germantown pursuant to Ch. 125, Stats.

SECTION IV   PENALTIES
Any person, partnership, or corporation who violates any of the provisions of this ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.  A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.  In addition, violation of this ordinance constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under sec. 125.12, Stats.

SECTION V   SEVERABILITY
If any section of this ordinance is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.

SECTION VI   EFFECTIVE DATE
This Ordinance shall take effect upon passage and publications as required by law.

Signed and Dated August 8, 2000

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

ORDINANCE #37

TOWN OF GERMANTOWN

AN ORDINANCE PROHIBITING THE USE OF HOLDING TANKS IN THE TOWN OF GERMANTOWN

The Town Board of the Town of Germantown, Juneau County, Wisconsin, in order to provide for the public health and sanitation in the town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I
It shall be unlawful for any holding tank for the disposal of sewerage to be installed in the Town of Germantown, and no permits shall be issued for the installation of a holding tank in connection with a sanitary sewerage disposal system in the Town of Germantown.

SECTION II
Any appeal for a variance must be directed to the Town Board in writing and will only be granted after public hearing to avoid extreme injustice.

SECTION III
Any person, firm or corporation violating the terms and provisions of this Ordinance shall be subject to a forfeiture as set in the Town of Germantown fee schedule.

Introduced and adopted this 13^th day of November, 2001.

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August, 2015.

APPROVED: Gregg Haunroth, Town Chairman
ATTEST: Susan Ganther, Town Clerk/Treasurer

 ORDINANCE NO. 38

                                                               FIREWORKS ORDINANCE

                                                                          As amended

The intent of this Ordinance is to regulate possession and use of fireworks.

The Town Board of the Town of Germantown, Wisconsin, do ordain as follows:

38.1 Sale, Use, and Possession of Fireworks

A person may sell, possess or use fireworks, such as, sparkler not exceeding 36 inches in length, stationary cones and fountains, toy snakes, smoke bombs, caps, noise makes, confetti poppers with less than ¼ grain of explosive mixture, and novelty devices that spin or move on the ground in the Town of Germantown without a permit.  Wisconsin State Statute 167.10(1).

No person may sell, possess, or use other fireworks, including but not limited to firecrackers, roman candles, bottle rockets and mortars, in the Town of Germantown without a user’s permit from the Town of Germantown Town Board of Supervisors.  Wisconsin State Statute 167.10(3).

38.2 Permit Requirements and Fees

The fee for a fireworks permit is as set in the Town of Germantown’s fee schedule. The Town of Germantown Town Board issuing a permit under this requires an indemnity bond with good and sufficient sureties or policy of liability insurance for the payment of all claims that may arise by reason of injuries to person or property from the handling, use, or discharge of fireworks under the permit, that minimum being $5,000,000.00 in the name of the Town of Germantown. Wisconsin State Statute 167.10(3)(e). The permit must identify the type and quantity of fireworks, the location where the fireworks will be used or possessed, the date the fireworks will be used.

38.3 Penalties

Violation of any provision of this ordinance or any lawful order of the Town of Germantown Town Board, shall be subject to a fine as set in the Town of Germantown’s fee schedule. Each firework illegally possessed, used or sold may be a separate violation. Wisconsin State Statute 167.10(9)(b). A parent or guardian who allows a minor to possess or use fireworks (not including those for which no permits are required) is subject to a fee as stated in the fee schedule. Wisconsin State Statute 167.10(9)(c).

38.4 Effective Date

This ordinance shall be in force and in effect upon its passage and one day after legal publication as provided for by law. This ordinance was introduced and adopted at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on this 10th day of December 2002.

Amended to remove all fees from the ordinance and replace them with a reference to find those fees in the fee schedule, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 11th day of August 2015.

Amended to include updated state regulations, at a regular meeting of the Town Board of the Town of Germantown, Juneau County, Wisconsin on the 20^th of April 2021.

APPROVED:                                                                        ATTEST:

__________________________________            ______________________________

Gregg Haunroth, Town Chairman                              Susan Ganther, Town Clerk/Treasurer

ORDINANCE #39

TOWN OF GERMANTOWN

AN ORDINANCE ESTABLISHING IMPACT FEES

The Town Board of the Town of Germantown, Juneau County, Wisconsin, does ordain as follows:

SECTION I            PURPOSE AND INTENT
This Ordinance is enacted to establish the mechanism for imposing impact fees upon new major subdivisions including all planned unit developments (PUD) to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities that are necessary to accommodate such development.  This Ordinance is intended to insure that a new major subdivision (and PUD) bears an appropriate share of the cost of capital expenditures necessary to provide such public facilities within the Town of Germantown, as they are required to serve the needs arising out of a major subdivision.  By adopting this Ordinance, the Town of Germantown is not intending to limit its authority to finance public facilities by any other means authorized by law.

SECTION II           PUBLIC FACILITIES NEEDS ASSESSMENT
The Town of Germantown has approved a 2003 Needs Assessment of the public facilities for which impact fees may be imposed, including the standards to be applied setting impact fees.

SECTION III         DEFINITIONS
The definitions set forth in s.s. 66.0617, Wis. Stats., and any amendments thereto, are hereby incorporated and made part of this Ordinance as if fully set forth herein.  In addition, this Ordinance shall use the definitions contained in all other Town Ordinances.  In addition,

1. “Residential equivalent unit (REU)” means a unit of measure for impact fees equivalent to one residential dwelling unit. For residential uses, the REU is the number of dwelling units allowed by the major subdivisions or PUD, including all commercial indoor lodging units.

SECTION IV         ESTABLISHMENT OF IMPACT FEES
The Town Board shall adopt by resolution and may, from time to time, amend a schedule of fees to implement this Ordinance, a copy of which shall be maintained at all times for public inspection in the office of the Town Clerk.

SECTION V          EXEMPTIONS
The following situations shall be exempt from payment of the impact fees:

1. The replacement of a building or structure with a new building or structure of the same size and use where no additional dwelling units are added;
2. Additions onto existing buildings or structures, accessory buildings to an existing dwelling;
3. Demolition of residential units or non-residential building square footage without replacement does not prompt refund of previously paid impact fees;

SECTION VI         REQUIREMENTS FOR IMPACT FEE REVENUES

1. Revenues from impact fees shall be placed in a segregated, interest bearing account and shall be accounted for separately from the other funds of the political subdivision. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.  These costs may include the cost of debt service when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project, to reimburse the Town for advances of other funds or reserves, and such other uses consistent with this Ordinance and state law which are approved by the Town Board.
2. The Town determines that the following lengths of time are reasonable for the planning, financing, acquisition and construction of the public facilities listed below:

1. Road improvement facilities:  20 years
2. Town facilities: 20 years
3. Recreational improvement facilities: 20 years
4. Fire protection/law enforcement/ambulance facilities: 20 years

Impact fees held by the Town under this Ordinance and not used within the time period specified herein shall be refunded to the persons who, at the expiration of such time, are the owners of record of the property upon which the impact fees were imposed.

SECTION VII        PAYMENT OF IMPACT FEES
All required impact fees shall be paid in full by the developer when the lot is sold and before issuance of a building permit by the Town for each REU including, but not limited to, a condominium.  Impact fee rates that are in effect at the time of approval of the zoning specific implementation plan (SIP), shall apply.  Impact fee payments shall be the responsibility of the developer of the PUD, but shall continue as the joint and several responsibility of the developer of the PUD and the owner of record at the time of building permit application.

SECTION VIII      APPEALS

1. No appeal may be commenced pursuant to this Section if any applicable impact fee is delinquent. No impact fee payment obligation shall be suspended during the pendency of any appeal filed pursuant to this Section.
2. Payment of an impact fee imposed under this Ordinance as a condition of a building permit may be contested to the Town Board as to the amount, collection or use of the impact fee, provided that the applicant files a written Notice of Appeal with the Town Clerk’s office within 30 days of the date payment of the fee was due.
3. The Notice of Appeal shall state the applicant’s name, address, telephone number, address (if available) and legal description of the land/condominium unit upon which the impact fee is imposed, and a statement of the nature of and reasons for the appeal. The Town Clerk shall schedule the appeal for consideration by the Town Board at a regular meeting as soon as reasonably can be done and shall notify the applicant of the time, date and place of such meeting, in writing, by regular mail, deposited in the mail no later than at least 3 days before the date of such meeting.  Upon review of such appeal, the Town Board may adjust the amount, collection or use of the impact fee upon just and reasonable cause shown.

SECTION IX         SEVERABILITY
If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions thereof.

SECTION X           EFFECTIVE DATE
This Ordinance shall be in full force and effect on the date of its passage and publication.

Adopted by the Board of Supervisors of the Town of Germantown this 11^th day of November, 2003.

TOWN OF GERMANTOWN

ORDINANCE 39B

ORDINANCE AMENDING IMPACT FEE ORDINANCE 39

ORDINANCE NO. 39-B
(Amendment of Impact Fees)
The Town of Germantown, Juneau County, Wisconsin does hereby ordain as follows:
(1) Imposition and Authority
This ordinance imposes impact fees on Developers to pay for the capital costs that are necessary to accommodate land development. Wisconsin Statute s. 66.0617 authorizes the Town of Germantown to impose these fees. Impact fees are based on the 2020 Public Facilities Needs Assessment and Impact Fee Study.
(2) Definitions
All terms have the meanings given in Wisconsin Statutes s. 66.0617 (1). The following terms shall have the indicated meanings, which are consistent with Wisconsin Statutes s. 66.0617(1).
(a) Capital costs” means the capital costs to construct, expand or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities, except that not more than 10 percent of capital costs may consist of legal, engineering and design costs unless the municipality can demonstrate that its legal, engineering and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10 percent of capital costs. “Capital costs” does not include other noncapital costs to construct, expand or improve public facilities, vehicles; or the costs of equipment to construct, expand or improve public facilities.
(b) “Developer” means a person that constructs or creates a land development.
(c) “Impact fees” means cash contributions, contributions of land or interests in land or any other items of value that are imposed on a developer by a municipality under this section.
(d) “Land development” means the construction or modification of improvements to real property that creates additional residential dwelling units within a municipality or that results in nonresidential uses that create a need for new, expanded or improved public facilities within a municipality.
(e) “Town Board” The governing body of the Town of Germantown.
(3) Highway/Transportation Impact Fees

(a) The Town of Germantown imposes the following impact fees on developers for the costs of highway/transportation facilities to accommodate land development. Impact fees for transportation facilities imposed pursuant to this ordinance shall be due and payable at the time of issuance of a building permit for new construction of a residential dwelling.
(b) Impact fee for dwelling units is found in the fee schedule.

(4) Park Facility Impact Fees

(a) The Town of Germantown imposes the following impact fees on developers for the costs of park facilities to accommodate land development. Impact fees for park facilities imposed pursuant to this ordinance shall be due and payable at the time of issuance of a building permit for new construction of a residential dwelling.
(b) Impact fee for dwelling units is found in the fee schedule.

(5) Payment of Impact Fees
(a) All required impact fees shall be paid in full by separate check at the time of issuance of a building permit for a new dwelling unit. Impact fee payments shall be assumed to be the responsibility of the owner of record at the time of building permit issuance.
(b) As provided in Wisconsin Statutes s. 66.0617 (6)(g), a developer who owes the Town of Germantown impact fees in excess of $75,000 may pay the impact fees in quarterly installments over four years. It the Town of Germantown needs the funds for a capital project before the end of the four years, it may provide a written notice a developer who is paying in installments. The developer has six months from the date of the written notice to pay the full amount of the impact fee. A developer who pays the installments must maintain a bond or irrevocable letter of credit executed in the name of the Town of Germantown for the amount of the unpaid fees.
(6) Accounting
The Town of Germantown must place impact fee revenue for each type of facility in a segregated, interest-bearing account. The Town of Germantown must account for impact fee revenue for each type of facility separate from its other funds. For each property, the Town of Germantown must track the date received and amount of each impact fee paid and any interest that accumulates on the fee before it is spent.
The Town of Germantown must spend impact fee revenue for the general type of public facility for which it imposed the fee.
(7) Refunds
As provided in Wisconsin Statutes s. 66.0617 (9), the Town of Germantown must refund any impact fee that it does not spend within eight years of receiving the fee. The Town of Germantown must issue the refund, with accumulated interest, to the current owner of the property for which the fee was paid.
(8) Appeal
As provided in Wisconsin Statutes s. 66.0617 (10), a developer upon whom the Town of Germantown imposes an impact fee may appeal the amount, collection, or use of the impact fee to the Town Board. The Town Board must create or identify written procedures for reviewing and deciding an impact fee appeal.

(9) Severability
If any provision of this ordinance is illegal or unenforceable, the remaining provisions shall remain in effect.

(10) Effective Date
The Town of Germantown Clerk shall post or publish this ordinance as provided by law. This ordinance must take effect upon posting or publication.

Adopted this 9th day of March, 2021

Approved:
Gregg Haunroth, Chairman

ATTEST:
Susan Ganther, Clerk/Treasurer