New Ordinance 5.14 CEMETERY: At the April 10, 2025 town board meeting, the board approved an ordinance to regulate the construction, management, operation, and platting of a cemetery; the burial of human corpses; and other cemetery uses and activities in the town.  See the full text below.  Chapter 5.14 CEMETERY ORDINANCE Sections: 5.14.010           Purpose. 5.14.020           Authority. 5.14.030           Definitions. 5.14.040           Statement of Policy. 5.14.050           New Burials, Cemeteries, and Cemetery Lots and New or Expanded Cemetery Operations. 5.14.060           Cemetery Monuments and Markers 5.14.070           Miscellaneous. 5.14.080           Penalties 5.14.090           Severability 5.14.100           Effective Date   5.14.010 – Purpose. The purpose of this Ordinance is to regulate the construction, management, operation, and platting of a cemetery; the burial of human corpses; and other cemetery uses and activities in the town.   5.14.020 - Authority. The Town Board of the Town of Burlington has the specific authority under s. 157.50 (2), Wis. Stats., and general authority under its village powers under s. 60.22, Wis. Stats., to adopt this ordinance.   5.14.030 - Definitions. In this ordinance: A. “Burial” means entombment, inurnment, or interment and “bury” means to entomb, inurnment, or interment and "bury" means to entomb, inurn, or inter. B. “Cemetery” means any location for burial of human remains in the town. C. “Human remains” means the body of a deceased individual that is in any stage of decomposition or has been cremated. D. “Lot” means a single grave lot platted in accordance with Section VI, whether or not occupied by a grave. E. “Outer burial container” means any container that is placed or intended to be placed into the burial excavation of a grave and into which a casket is placed or intended to be placed at the time of burial.  F. “Town” means the Town of Burlington, Racine County, Wisconsin G. “Town board” means the board of supervisors for the Town of Burlington, Racine County, Wisconsin, and includes designees of the board authorized to act for the board. H. “Town chair” means the chairperson of the Town of Burlington, Racine County, I. “Town clerk” means the clerk of the Town of Burlington, Racine County, J. “Town treasurer” means the treasurer of the Town of Burlington, Racine County, K. “Wis. ” means the Wisconsin Statutes, including successor provisions to cited statutes.   5.14.040 - Statement of Policy. This ordinance, adopted pursuant to s. 157.50 (2), Wis. Stats., governs the construction, management, administration, platting, maintenance, and operation of any town cemetery and of any new cemetery or expanded cemetery of any other type in the town, including cemeteries operated by associations, religious orders and societies, and privately owned, controlled, operated, and maintained cemeteries. 5.14.050 - New Burials, Cemeteries, and Cemetery Lots and New or Expanded Cemetery Operations. A. Platting Before any new block of any existing town cemetery or any other new or expanded cemetery in the town is opened for the sale of cemetery lots for burial of human remains after the effective date of this ordinance, the town board or the sexton for a town cemetery and any person or agent for any other cemetery in the town that is subject to s. 157.065, Wis. Stats., shall cause the blocks and lots to be platted and recorded in the Office of the Register of Deeds for Racine County, Wisconsin, in accordance with s. 157.065, Wis. Stats.   B. New or Expanded Cemeteries 1. No person or authorized agent of any cemetery may conduct any burial, or construct, manage, plat, or operate any new or expanded cemetery of any type in the town, after the date of adoption of this ordinance, without written permit approval of the town board. Approval, approval on condition, or denial of a permit shall only be made after a public hearing with a class 2 notice under chapter 985, Stats. Any new or expanded cemetery to be approved by the town board shall be, at minimum, properly platted and filed with the town clerk and recorded in the Office of the Register of Deeds for Racine County, Wisconsin. No cemetery shall be located, established, or dedicated contrary to s. 157.065 or 157.128, Wis. Stats. The minimum cemetery acreage must be at least 20 contiguous acres at platting dedication. No cemetery shall be located, established, or dedicated in violation of a town, county, or other zoning ordinance. 2. After the date of adoption of this ordinance, any place in the town where human remains are buried on private or public land without written permit approval of the town board and not timely removed within 10 days after receipt of written notice from the town board to remove said remains is declared to be a public In addition to commencing an action for penalties as provided in this ordinance, the town may take action to abate the nuisance and recover its costs of doing so, as provided in sec. 8.24 of these ordinances. This paragraph does not apply to any established cemetery or burial site grounds approved, owned, and operated in accordance with chapter 157, Wis. Stats., and this ordinance.   C. Burial on private land Burial of human remains on private land in the Town of Burlington is prohibited.   5.14.060 –Cemetery Vaults and Mausoleums Construction of above ground vaults and mausoleums in any cemetery is prohibited unless approved in writing by the town board. Any mausoleum or above ground vault, which is approved by the town board, will be required to establish a special endowed care trust fund, earmarked for future maintenance of the structure.   5.14.070 – Miscellaneous.   A. Amendment of Ordinance The town board reserves the right to amend this ordinance to conform with newly developed cemetery practices or any other legal purpose that the town board deems necessary and appropriate. Before this ordinance is amended, a public hearing shall be held on the proposed amendment before the town board. Notice of the public hearing shall be published in a local newspaper at least 10 days prior to the hearing.   5.14.080 - Penalties A. Citation The town board may establish a citation ordinance for enforcement of violations of this ordinance and for any bylaws or regulations.   B. Abatement 1. In lieu of or in addition to any other penalty for a violation of this ordinance, if the violation consists of a physical condition, the town board may issue a written notice to the person responsible for the violation, if known, requiring the person responsible to [abate or remove] the violation within 14 days of receipt of the Service of notice shall be by personal service or registered mail with return receipt requested.   2. If the person responsible for the violation of this ordinance is unknown or the person responsible has not [abated or removed] the violation within 14 days of receipt of the notice described in paragraph 1., the sexton, or some other person designated by the town board, may immediately abate or remove the violation in a manner approved by the town The cost of the abatement or removal may be recovered from the person responsible for the violation.   C. Injunctive Relief In lieu of or in addition to any other penalty for a violation of this ordinance the town board may seek to enjoin any continuing violation of this ordinance as provided in Ch. 813, Wis. Stats.   5.14.090 – Severability If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.   5.14.100 -Effective Date This ordinance is effective on publication or posting. The town clerk shall properly post or publish this ordinance, as required under s. 60.80, Wis. Stats.

Posted on , by Jeanne Rennie

Driveway Ordinance

At the April 11, 2024 meeting the town board created Ordinance 12.14 to establish the minimum standards for the construction or rebuilding of driveways, private roads or private lanes connecting to any public roadways and regulate the construction or rebuilding of driveways, private roads or private lanes abutting public roadways in the Town of Burlington.

The ordinance will take effect on April 19, 2024.

Chapter 12.14  Driveway Ordinance for the Town of Burlington

 Purpose

A. Establish the minimum standards for the construction or rebuilding of driveways, private roads, or private lanes connecting to any public roadways in the Town of Burlington to enable safe ingress and egress of Emergency vehicles, and for the purpose of public safety.

B. Regulate the construction or rebuilding of driveways, private roads, or private lanes abutting public roadways in the Town of Burlington

Jurisdiction

 The jurisdiction of these regulations shall include all driveways, private roads, or private lanes within the Town of Burlington.

Authority

This ordinance is enacted to provide general specifications for Town roads, driveways, private roads, or private lanes in the Town of Burlington. Pursuant to sections 60.10(2)(c), 60.22(3), 61.34(1) of Wisconsin State Statues, and under the controlled access highway power granted pursuant to sections 83.027(10) and 84.25(10) of the Wisconsin State Statues.

Applicability

 Routine maintenance for a driveway that is performed to maintain the original line and grade or original purpose of the driveway is not subject to the requirements set forth in this Chapter. Note: adding gravel to an existing driveway, re-paving an existing driveway, and crack sealing an existing driveway are all examples of routine maintenance. Full depth pavement replacement involving exposure of bare soils is not routine maintenance.

Driveways/Private Roads/Private Lanes Abutting Public Roads

1. The following provisions apply to private driveways, private roads, and private lanes abutting public roads. All work shall be performed without danger to or interference with traffic using town road or street.

 A. The Town allows only one driveway per parcel unless a variance is approved by the Town Board.

B. Unless otherwise stated, a minimum of a twelve (12) inch diameter by twenty-four (24) foot long culvert shall be installed and maintained by the property owner under the proposed private driveway, road, or lane to provide proper drainage under the entrance and along the public roadway. The diameter of the culvert shall not be less than the diameter of the adjacent uphill and/or downhill culvert(s). Fill shall be made over culverts so that the ends are free, and the ends shall be riprapped or sodded to prevent fill material from spilling into the ditch and clogging culvert. The work of placing culverts and placing riprap and/or sod shall proceed diligently and be completed promptly after it is begun and shall present a neat appearance when completed. A minimum of 12″ of cover from the top of the culvert to the subgrade shall be provided. Subgrade is defined as the interface between the bottom of the proposed gravel driveway base and the existing soil.

C. Effective November 14, 2002, private driveways constructed of concrete are prohibited in any town road right-of-way. No concrete shall be poured over the driveway culvert. Private driveways extending into the town road right-of-way shall be constructed of asphalt, gravel, or other nonprohibited material a foot (1) past the driveway culvert.

D. The maximum allowable geometric change in grade between the slope of the driveway and the cross slope of the abutting public road is 10%. Entryways shall provide rounding at the intersection with the public road to prevent rear-end or mid-wheel dragging to emergency vehicles entering and leaving the property. Driveways shall algin with the public roadway at right angles to facilitate turning moves from both directions.

E. Unless otherwise documented, the town road right of way at the place of construction is assumed to extend thirty­ three (33) feet from the centerline of the town road.

F. Town road surfaces, slopes, shoulders, ditches, and vegetation disturbed by construction shall be restored by the

G. All costs of installation and maintenance of culverts under private driveways, private roads, and private lanes, as well as any public roadway or right of way restoration shall be the sole responsibility of the property owner.

H. The edge of all private driveways, roads, and lanes shall be located at least fifteen (15) feet from the nearest side lot line except in the case of a driveway abutting a public road and providing access to two adjacent parcels. Said driveway can be on a lot line or split between both parcels. A maintenance agreement and easement agreement must be recorded.

I. All permits required for private driveways, roads, or lanes must be acquired from the Town of Burlington prior to the start of any construction. Permits for temporary driveways or roadways shall also require the permit holder to return the affected area to its natural state within six months after use is halted.

J. All work shall be carried out to the satisfaction of the Highway Superintendent as the compliance with any permits.

K. No portion of the driveway shall be closer than 60 feet from the nearest edge of the right-of-way of an intersecting public road.

L. Design controls for the location of the driveway access point with the public road shall be as determined by the Wisconsin Department of Transportation (WisDOT) Facilities Development Manual (FDM), latest edition.

M. The edge of the driveway, at the point of connection with the public road, shall NOT be closer than 30 feet from the edge of another driveway at the point of connection with the public road.

N. No concrete, stone, timber, or any other material that could constitute a hazard or danger to the traveling public will be permitted to be used as end walls to the driveway pavement and/or culvert. Only standard manufactured apron endwall sections shall be used. The ground surrounding the end of the driveway shall be sloped in a gradual manner, back to the highway ditch.

Private Driveways

 A. A roadbed of twelve (12) feet in width with an overhead clearance of fifteen (15) feet clear for ingress and egress of emergency vehicles

B. Require any structures (ex. Bridge)

    a. Must be inspected and rated to pass a 30-ton fire apparatus safely.

    b. Must be a minimum of ten (10) feet

Agricultural Access Driveways

 A. The Highway Superintendent may allow on town roads more than one agricultural access driveway for any given parcel for the purpose of attaining necessary access to agricultural buildings, fields, and other agricultural uses.

Private Lane Serving up to three (3) fire numbers

A. A roadbed of twelve (12) feet in width with an overhead clearance of fifteen (15) feet.

B. Requires a thirty (30) foot easement width, fifteen (15) feet in each direction from the center of the road.

C. Require any (ex. Bridge)

    a. Must be inspected and rated to pass a 30-ton fire apparatus

    b. Must be a minimum of ten (10) feet

Private Road Serving more than three (3) fire numbers

A. A sixty-six (66) foot easement width, thirty­ three (33) feet in each direction from the center of the road

B. A private lane with a thirty (30) foot easement may not be extended to serve more than three (3) fire numbers unless easement width is extended to sixty-six (66) feet.

C. Require any structures (ex. Bridge)

    a. Must be inspected and rated to pass a 30-ton fire apparatus

    b. Must be a minimum of ten (10) feet

D. A roadbed of twelve (12) feet in width with an overhead clearance of fifteen (15) feet.

E. All private roads serving more than three (3) fire numbers shall record a maintenance agreement acceptable to the Town of Burlington at the time of a land division.

Transfer of Private Roads or Lanes to the Town of Burlington

Prior to the transfer of a private road or lane to the Town of Burlington, the road or lane must meet all of the requirements of the Town Burlington design standards for a street. Specifications are listed in chapter 16.28 of the Town of Burlington ordinances.

Violation – Penalty

 A. Any person who constructs a driveway contrary to this ordinance shall, upon conviction, pay a forfeiture of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day the offense continues shall be a separate violation.

B. As a further remedy, the town may order any property owner of a driveway constructed contrary to the ordinance to remove the offending portion of the driveway at the property owner’s sole expense within thirty (30) days after written notification. Upon noncompliance with such written order, the town may proceed to remove the offending portion of the driveway, and charge the property owner for the expense of the same. The town shall not be liable for damages to the driveway or property in the event town removal becomes necessary. In the event of nonpayment to the town, the charge may be placed on the property owner’s property tax bill as a special assessment.