[HISTORY: Adopted by the Village Board of the Village of Greendale as Ch. 8 of the Code of Ordinances. Amendments noted where applicable.]
Establishment. The grades of all streets, alleys and sidewalks shall be established and described by the Board and shall be recorded by the Village Clerk-Treasurer in his office. See also § 15.58.
Required. No street, alley or sidewalk shall be worked until the grade thereof is established.
Altering prohibited. No person shall alter the grade of any street, alley, sidewalk or public ground, or any part thereof, unless authorized or instructed to do so by the Board.
Owner to construct. The abutting owner shall build, repair, construct and perpetually maintain sidewalks along or upon any street or alley in the Village.
Village Board may order construction. The Village Board may from time to time by ordinance or resolution establish the width, determine the material and prescribe the method of construction of standard sidewalks, and the standard so fixed may be different for different streets and alleys, and may order sidewalks to be laid in the same manner provided in § 66.0907, Wis. Stats.
Director of Public Works may order repair. The Director of Public Works shall have the powers of the Board of Public Works under § 66.0907, Wis. Stats., and may order the repair or replacement of any sidewalk which is unsafe, defective or insufficient in the manner provided therein.
[Amended 2-1-2000 by Ord. No. 772]
Permit required. No person shall construct a driveway connecting with any improved or unimproved street or alley in the Village without first obtaining a permit to do so from the Director of Inspection Services. Application for a permit must be made in writing upon forms furnished by the Village. Before any work is started, the contractor shall pay to the Village Clerk-Treasurer a permit and inspection fee of $30.
Supervision. All such work shall be done under the jurisdiction of the Director of Inspection Services and in accordance with the ordinances of the Village and the plans and specifications on file in the office of the Director of Inspection Services.
Where prohibited. Construction or maintenance of a driveway providing for ingress and egress to any Village traffic street is hereby prohibited unless other ingress and egress is not available.
Culverts on unimproved streets. No driveway shall be constructed or maintained connecting with any unimproved street unless a suitable culvert is first installed across the ditch or swale of such unimproved street. Such culverts shall be constructed of steel pipe. The culvert shall have a cross section of not less than that of a twelve-inch pipe or such greater diameter as the Village Engineer may determine is necessary to carry the flow of water. The length of the culvert shall be 20 feet or such greater length as the Director of Public Works shall determine is necessary having in mind the width of the driveway and flow of water. The grade for such culverts shall be established by the Director of Public Works.
Culvert installation and fees. Applicants for a permit shall be required to pay for the cost of the culvert. All culverts shall be installed by the property owner under the direction of the Director of Public Works.
Culverts for existing driveways.
Where the Director of Public Works determines that to provide for the flow of water a culvert for an existing driveway is required, the Director of Public Works shall notify in writing the property owner from whose property the driveway leads to the street that he will install a suitable culvert at the expense of such property owner after 10 days from the date of the notice.
The property owner may appeal to the Village Board from such determination of the Director of Public Works at any time within the ten-day period. If the property owner fails to appeal within such time, the determination of the Director of Public Works shall become final.
If the cost of installation of any culvert installed by the Village shall not be paid to the Village Clerk-Treasurer on or before December 1 in the year in which such culvert has been installed, the Director of Public Works shall certify the cost of the installation of the culvert to the Village Clerk-Treasurer, who shall enter the same on the tax roll as special taxes against the owner of the property to which the driveway leads and which benefits by the installation of the culvert, the same to be collected in all respects as are other Village taxes.
Any person occupying any real estate shall keep any walk which abuts or is adjacent to the real estate clear of snow and shall remove any snow within 12 hours after a snowfall. Icy sidewalks shall be made safe by such person for pedestrian travel. Snow removal or plowing activities by the Village shall not relieve any person of the duty of complying with this section. Persons engaged in snow removal from sidewalks or driveways shall not push, plow or blow snow onto or across Village roads. If any person fails to comply with this section, the Village may cause the necessary work to be done and the cost thereof shall be a lien against the property and shall be inserted in the tax roll as a special charge against the property. Unoccupied real estate shall be the responsibility of the property owner.
Prohibited. No person shall encroach upon or obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection (2).
Exceptions. The prohibition of Subsection (1) shall not apply to the following:
Signs and clocks attached to buildings which project not more than six feet from the face of such building and which do not extend at any point lower than 10 feet above the sidewalk, street or alley.
Awnings which do not extend at any point lower than seven feet above the sidewalk, street or alley.
Public utility encroachments duly authorized by state law or by the Village Board.
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided that such goods, wares, etc., do not remain thereon for more than three hours.
Temporary encroachments or obstructions authorized by permit granted pursuant to § 66.0425, Wis. Stats.
No person shall operate any vehicle exceeding 500 pounds in weight across any gutter, curb, parkway between curb and sidewalk, sidewalk or pedestrian path, except at a permanently established driveway in the Village, unless such person shall first construct a suitable temporary way with cross planks. Such planks shall be no less than two inches thick, eight inches wide, at least two feet longer than the width of the vehicle that shall operate over them and free from defects. Such planks shall be laid side by side with not more than 3/4 inch intervening in such manner as to protect the surface underneath and shall extend at least 12 inches over and beyond such gutter, curb, parkway, sidewalk, or pedestrian path on each side thereof. Such temporary planking shall be removed each day between 6:00 p.m. and 7:00 a.m.
During all periods when such temporary way is in place, danger signs with letters at least four inches in height so placed as to call the attention of pedestrians to the hazard of the temporary way shall be erected by the person placing the temporary way.
[Amended by Ord. No. 740]
No person except a Village employee, county highway employee, state highway employee, or contractor employed by the Village shall tear up, alter or work on any street, road or sidewalk in the Village without a permit from the Director of Public Works.
The Director of Public Works may issue a permit to any public utility that desires to tear up, repair, alter or work on any street or sidewalk in the Village for the purpose of making a utility installation or repairing an installation already made. Such permit shall require the utility to return such street or sidewalk to its previous condition.
No person shall obstruct or cause to be obstructed in any manner any traveled portion of a street or sidewalk except for an emergency situation without first obtaining a permit from the Director of Public Works. Any portion of a street or sidewalk which is obstructed by such permit shall be signed and barricaded in accordance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways prepared by the United States Department of Transportation. Such permit shall be immediately revoked if the conditions of the permit are not fully complied with.
The person doing the work contemplated by this section shall file a certificate of insurance with the Village Clerk-Treasurer giving evidence of liability insurance in the amount of $1,000,000 bodily injury and property damage aggregate. Such insurance shall not be canceled or reduced without the insurer giving 10 days' prior written notice to the Village Clerk-Treasurer. Cancellation or reduction of insurance shall automatically suspend the permit, and no further work shall be done under such permit until a new certificate of insurance complying herewith is filed with the Village Clerk-Treasurer.
A minimum fee of $25 shall be charged for each excavation permit issued by the Director of Public Works for the issuance of an excavation permit on any street or sidewalk. The fees obtained for the issuance of such permits shall be credited to the Greendale Water Utility and Sanitary Sewer Utility accounts. All costs for permanent repair necessitated by any excavation shall be the responsibility of the party taking out the road excavation permit.
Purpose. It is the policy of the Village to regulate and control the planting, transplanting, removal, maintenance and protection of trees and shrubs in the Village in order to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys and sidewalks or property of the Village; to promote and enhance the beauty and general welfare of the Village; to prevent damage to any public sewer, water main, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal, treatment and maintenance practices; and to guard all trees and shrubs within the Village against the spread of disease or pests. It is the intent of the Village Board that the provisions of this section shall apply to all trees, shrubs and plants growing or hereinafter planted in or upon any public right-of-way or other premises owned or controlled by the Village and also to all trees or shrubs growing or to be planted in or upon any private premises which shall threaten the lives, health, safety or welfare of the public or of the property owned or controlled by the Village.
Definitions. Whenever the following words or terms are used in this section, they shall be construed to have the following meaning:
- Person, firm, association or corporation.
- PUBLIC TREES AND SHRUBS
- All trees or shrubs located or to be planted on any park, playground or any other property owned or controlled by the Village or on any public street, alley, sidewalk or highway within a public right-of-way.
Master street tree list. The Director of Public Works shall prepare a master street tree list showing the varieties or species of all acceptable public trees growing or to be planted in the public right-of-way within the Village. Such list shall be submitted to the Committee on Public Works, Streets, Roads and Public Utilities of the Village for its review annually. No person shall hereafter plant any public tree or shrub in a public place in the Village unless it is of the species or variety therein designated. The Director of Public Works may waive the requirements of this subsection in cases where such waiver is in the public interest or necessitated by the physical characteristics of the tree or shrub.
Injury to trees and shrubs prohibited. No person shall do, or cause to be done by others, any of the following acts:
Secure, fasten or run any rope, wire, sign, unprotected electrical installation or other device or material (except necessary bracing) to, around or through a tree or shrub.
Break, injure, mutilate, deface, kill, destroy or permit any fire to burn where it will injure any tree or shrub.
Permit any toxic chemical, gas, smoke, salt brine, oil or other injurious substance to seep, drain or to be emptied upon any tree or shrub.
Erect, alter, repair or raze any building or structure without placing suitable guards around all nearby public trees or shrubs which may be injured by such operations.
Knowingly permit any unprotected electrical service wires to come in prolonged contact with any public tree or shrub.
Remove any guard, stake or other device or material intended for the protection of a public tree or shrub or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer.
Obstruction of view at intersections prohibited. Notwithstanding any other provision of this chapter, no person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more streets or alleys in the Village any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle approaching such intersection to the extent that such operator is unable to observe other vehicles or pedestrians approaching or crossing the intersection. Any such hedge, tree, shrub or growth is hereby declared to be a public nuisance.
Authority to preserve or remove public trees and shrubs and abate public nuisances.
Authority over public trees and shrubs. The Director of Public Works shall have the authority to plant, trim, spray, preserve, renew and remove public trees and shrubs or cause such work to be done as may be necessary to ensure the safety or preserve the symmetry and beauty of public streets or grounds and to protect the public sidewalks, streets, sewers and mains from damage or injury.
Authority over private trees and shrubs.
Notice to abate nuisances. Whenever the Director of Public Works shall find on examination that any tree or shrub or part thereof growing or located upon private premises is a public nuisance as defined in this section, or which endangers the life, health, safety or property of the public, or which is infested with parasites or insect pests or disease which may spread or scatter to public trees and shrubs, he shall order the owner or his agent in writing that the nuisance must be sprayed, removed or otherwise abated as directed in the order within the time specified, which shall not be less than 30 days unless the Director shall determine that immediate correction or removal is necessary for public safety.
Abatement by Village. If the owner of such premises or his agent shall refuse or neglect to comply with the notice within the time specified, the Director may cause the nuisance to be sprayed, removed or otherwise abated. In addition to any penalty imposed, the cost to the Village for abating the nuisance shall be collected as a debt from the owner, occupant or person creating or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).
[Added by Ord. No. 610]
Any person occupying any real estate shall seed or sod, plant and maintain the unpaved area within the street right-of-way between the extended lot lines and the center of such right-of-way. All weeds and grass shall be kept cut to a height not to exceed one foot. If any person fails to comply with this section, the Director of Public Works may cause the necessary work to be done and the cost thereof shall be a lien against the property and shall be inserted in the tax roll as a special charge against the property. Unoccupied real estate shall be the responsibility of the property owner.
[Added 9-7-1982; amended by Ord. No. 610]
The cost of constructing and installing streetlighting in any street, alley, highway or public walk in the Village shall be charged in whole or in part to the property benefited thereby, pursuant to § 66.0703, Wis. Stats.
Editor's Note: Original § 8.11, which contained the text of a charter ordinance adopted 4-2-1991 regarding shoulder, street or sidewalk installation or widening; curb and gutter installation; streetlighting installation; and tree or shrub removal within the right-of-way, has been removed. The text of this charter ordinance is included in Ch. A70.
[Amended by Ord. No. 610]
Any person who shall violate any provision of this chapter shall be subject to the penalty provided in § 25.04 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.