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DANE COUNTY CODE OF ORDINANCE SECTION 75.19
<br /> (8)Standards and procedures for ingress/egress access via shared driveway
<br /> easement. To promote the clustering of residential lots, preservation of farmland, and efficient use of land, the
<br /> committee may approve exceptions to the frontage requirement of section 75.19(6)(b)where the committee finds
<br /> that the exception protects the public health, safety, and welfare, but only in towns where the town board has
<br /> previously voted to adopt policies to allow such exceptions. The zoning and land regulation committee and town
<br /> board may approve the creation of lots with access provided by a shared driveway easement, in lieu of fee-title
<br /> frontage onto a public right-of-way, provided all of the following criteria are met, and carries out the purposes
<br /> stated in s. 75.19(6)(b):
<br /> (a)The committee shall not approve any exception to the frontage requirement of section 75.19(6)(b)without
<br /> finding that the exception is consistent with applicable town comprehensive plans adopted by the county board,
<br /> town land/subdivision ordinances, and the Dane County Comprehensive Plan.
<br /> (b)The shared driveway easement shall be a minimum of 66 feet wide, and encompass the entire length of the
<br /> driveway that will service the lot or lots.
<br /> (c) No more than four(4) lots, whose principal use is residential, may be served by a shared driveway easement
<br /> including the lot on which the easement is located. Shared driveway easements shall not be extended to service
<br /> additional lots.
<br /> (d) If two or more lots are proposed to be served by a shared driveway easement, including the lot on which the
<br /> easement is located, at least one of the lots must have a minimum of 66 feet of frontage connecting directly onto
<br /> a public street at a location where the driveway shall be constructed. The committee may waive this requirement
<br /> by granting a variance under s. 75.21.
<br /> (e)A legal description of the shared driveway easement must be prepared by a registered land surveyor. The
<br /> shared driveway easement shall be shown on the Certified Survey Map and include, at a minimum, the data
<br /> submission requirements of section 75.17(3)(d), (g), (h), and (i). The committee may require that additional
<br /> data be provided to ensure compliance with the provisions of this section.
<br /> (f)The shared driveway easement shall constitute a covenant running with the land, and must comply with the
<br /> following:
<br /> 1.A shared driveway easement must be set forth in a shared driveway easement agreement. The shared
<br /> driveway easement agreement must be approved by the town board and the zoning and land regulation
<br /> committee, and recorded with the Dane County Register of Deeds in compliance with secs. 706.05 and 59.43(2m)
<br /> of the Wisconsin Statutes.
<br /> 2.A shared driveway easement agreement must name the affected town and Dane County as co-holders of the
<br /> easement, with full enforcement rights.
<br /> 3.A shared driveway easement agreement must contain the following:
<br /> a.A provision stating that the shared driveway must be maintained to provide adequate access to emergency
<br /> vehicles, school buses and other equipment, as determined by the town engineer, local fire department and EMS
<br /> service.
<br /> b.A provision that addresses the year-round maintenance of the shared driveway, allocates the costs of
<br /> maintenance among the property owners, their heirs, successors, and assigns, and determines which property
<br /> owner or owners shall decide when maintenance or repair is necessary.
<br /> c.A provision authorizing either the town, at its sole discretion, or Dane County to inspect and conduct repair work
<br /> on the shared driveway, at the expense of the property owners, if such owners fail to adequately maintain the
<br /> driveway.
<br /> d.A provision consenting to the dedication of a future town road right-of-way within the shared driveway
<br /> easement, at any time if the town, in its sole discretion, accepts it.
<br /> e.A provision requiring that buildings constructed on the parcel(s) be setback from the shared driveway easement
<br /> as specified in section 10.17(3)(b).
<br /> f.A provision granting permanent, unimpeded access to the lots served by the shared driveway easement for
<br /> emergency service responders, utility services, and other access which could be had by a public road.
<br /> g.A provision prohibiting any modifications to the shared driveway easement agreement without the written
<br /> preapproval of the town and the Dane County zoning and land regulation committee.
<br /> (g)The shared driveway shall be constructed according to applicable town driveway construction standards and
<br /> located entirely within the boundaries of the shared driveway easement.
<br /> (h)The property owner(s) shall be responsible for all costs associated with the shared driveway easement.
<br /> (i)Accesses onto public rights-of-way must comply with applicable provisions of town, county, or state access
<br /> regulations, including intersection improvements or acceleration lanes as determined by the town engineer, Dane
<br /> County Public Works, Highway and Transportation Department or the Wisconsin Department of Transportation,
<br /> as appropriate.
<br /> (j)Gates, fences, or other obstructions on shared driveways are prohibited.
<br /> (k)Shared driveway easements shall not be named, and lots accessed by the shared driveway easement must
<br /> comply with numbering requirements of Chapter 76, Dane County Code,
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