City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 8.01 through 8.055, 8.08 through 8.10, 8.15 and 9.03 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 83.
Subdivision of land — See Ch. 235.
Vehicles and traffic — See Ch. 261.

§ 230-1 Street and sidewalk grades.

A. 
Establishment. The grade of all streets, alleys and sidewalks shall be established and described by the Council and shall be recorded by the City Clerk in his office. No street, alley or sidewalk shall be worked until the grade thereof is established.
B. 
Altering grade 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 Council.

§ 230-2 Snow and ice removal.

[Amended 8-26-2008 by Ord. No. 2367]
A. 
The owner, occupant or person in charge of each and every building or structure or unoccupied lot in the City fronting or abutting any street shall clean or cause to be cleaned the sidewalk/paved sidepath of snow or ice to the width of such sidewalk within 72 hours after snowfall ceases and shall cause the sidewalk/paved sidepath to be kept clear from ice and snow, provided that when the ice has formed on any sidewalk/paved sidepath such that it cannot be immediately removed, such persons shall keep the sidewalk/paved sidepath sprinkled with sand or salt. The City will continue to clear snow and ice from the sidewalk/paved sidepaths that the City had cleared prior to the enactment of Ordinance Number 2367.
[Amended 1-13-2009 by Ord. No. 2403]
B. 
Sidepaths that are not paved shall not be required to have the snow and ice removed from them, as unpaved sidepaths shall be considered recreational trails not subject to sidewalk maintenance requirements.
C. 
Failure to remove snow and ice as called for in this section shall subject the owner, occupant or person in charge to a forfeiture as set forth in the schedule of deposits, Chapter 1, General Provisions, § 1-18, and the City shall further be entitled to perform the work itself and charge the abutting property owner for removal as a special charge pursuant to § 66.0627, Wis. Stats.

§ 230-3 Installation of driveways and culverts.

A. 
Culvert to be installed. No driveway shall be constructed or maintained connecting with any street or alley unless a suitable culvert is first installed across the gutter of the street or alley where necessary for the public welfare as determined by the Board of Public Works. Such culverts shall be constructed of corrugated metal pipe. The culverts shall have a cross section of not less than that of a twelve-inch pipe minimum. The length of the culverts shall be as required by the City Engineer. All twelve-inch, fifteen-inch, eighteen-inch, twenty-one-inch and twenty-four-inch pipe shall be 16 gauge steel. All concrete sewer pipes must be approved by the City Engineer. All specifications for culvert installations shall be obtained from the City Engineer prior to installation. All culverts shall be equipped with end guards made of masonry and shall be so installed as to not be beyond street height.
B. 
Fee. Upon initial installation only, the owner or his agent shall pay a fee as determined by a schedule filed with the City Clerk. This fee is nonrefundable and intended to cover City processing, surveying, and inspection costs. Revisions to the fee schedule shall be made as determined appropriate by the Board of Public Works.
C. 
Existing driveways.
[Amended 7-23-2002 by Ord. No. 2180; 2-24-2004 by Ord. No. 2221]
(1) 
Where the public welfare requires a suitable culvert, the culvert adjustment or replacement of a defective culvert for an existing driveway, the Streets Division shall complete such work or installation. Prior to such work, the Water Resource Management Committee or their designee shall notify in writing the property owner maintaining the driveway across any gutter in any street or alley that the culvert will be installed or adjusted by the City at the expense of the abutting property. Within 10 days from the date of the notice, the owner of the abutting property may appeal from the order of the Water Resource Management Committee, otherwise the order shall become conclusive and the cost thereof charged to the abutting property.
[Amended 3-28-2006 by Ord. No. 2306]
(2) 
If the cost is not paid to the Director of Finance and Administration on or before November 1, the same shall be entered as a special tax against the property. The cost of the culvert, if supplied by the City, shall be paid to the Director of Finance and Administration. If the Board of Public Works decides the appeal in favor of the property owner, the cost shall be borne by the City.
D. 
Concrete surfacing of private driveways. If concrete surfacing is installed on a private driveway closer than three feet from the property owner's side of the drainage culvert installed on the drive adjacent to such street and it shall become necessary that the City maintain, repair or replace such culvert so that removal of a portion of the concrete surface of the driveway is necessary, the property owner shall bear any and all expense for the removal of the concrete surface driveway above the culvert upon the request of the City. In addition, the property owner shall, when installing concrete surfacing on a private driveway, cause to be placed in such concrete surfacing expansion joints the thickness of the concrete to facilitate the removal of such concrete, each joint located on either side of the culvert.
E. 
Financial guaranty required.
(1) 
All applications for a building permit for a vacant parcel or a parcel upon which a driveway is to be constructed shall include, in addition to the fee specified for such permit, a nonrefundable fee to be determined by the Common Council together with a cash deposit or bond in an amount to be determined by the Common Council to ensure the proper restoration of the roadside ditch, repair of curb and gutter sections adjacent to the parcel, the proper installation of the water "curb stop" in areas which are served by the public water supply, and that proper erosion control measures are implemented. The fees mentioned in this section will be kept on file in the office of the City Clerk and may be amended by the Common Council as necessary.
(2) 
The cash deposit or bond shall be held by the City for 18 months from the date of the permit. At any time within such period, the property owner may request a return of the financial guaranty. When such request is made, the Street Superintendent or his designee shall make an inspection of the premises. If the ditch and curb and gutter have been properly restored and if the curb stop has been properly installed, such financial guaranty shall be returned to the owner.
(3) 
If any required work has, in the opinion of the Street Superintendent or his designee, not been properly done, such work shall be completed by the City or its agent. The cost of such work shall be taken from the financial guaranty and the balance thereof, if any, returned to the owner. If such financial guaranty is insufficient, the owner shall pay to the City such additional amount upon submission of a statement therefor.
F. 
Driveway approaches. All driveway approaches in the City right-of-way connecting with any public street may only be constructed or reconstructed in conformance with the specifications on file at the office of the City Engineer.

§ 230-4 Excavations in public rights-of-way.

[Amended 6-19-2001 by Ord. No. 2142; 3-28-2006 by Ord. No. 2306; 9-27-2016 by Ord. No. 2575]
A. 
Application and issuance of excavation permits.
(1) 
No person shall make or cause to be made any excavation in or under any street, alley, public grounds or sidewalks in the City without first obtaining a written permit.
(2) 
Application. All applications shall be in writing upon forms which the City Engineer or designated representative shall provide and shall include the name of the owner and the description of the property on which the work is to be done, along with such pertinent information as the City Engineer or designated representative may require and shall state that the property owner and the applicant will be bound by and subject to the provisions of this chapter.
(3) 
Issuance, term, suspension and revocation. When the City Engineer or designated representative is satisfied that the work proposed by the applicant can be done in conformity with this chapter and after the appropriate fees have been paid to the City, the City Engineer or designated representative shall issue the permit. Such permit shall be good for the continuous performance of the work named thereon. A permit shall automatically expire when work ceases for a period of 60 days without good and reasonable cause for same and shall automatically expire on completion of the work for which it was issued, provided the City Engineer or designated representative may, upon notice, suspend or revoke such permit for violation of the provisions of this chapter. Applications for work within the right-of-way will be reviewed to confirm that placement of any proposed utilities meet the following standards:
(a) 
Aboveground utilities shall not be located within the driveway vision triangle. "Vision triangle" is defined as a triangle formed by connecting a point at 15 feet along the edge of the roadway pavement and 15 feet along the driveway pavement as measured from the intersection of the driveway pavement and the roadway pavement. No obstructions shall be permitted in this area above the height of three feet.
(b) 
Aboveground utilities and all associated supports and/or foundations shall be a minimum of four feet from the back of curb in urban cross sections and 12 feet from the edge of road pavement in rural cross sections unless the location is preapproved by the City Engineer.
(c) 
Any private utility and all associated supports and/or foundations shall be a minimum of five feet from a public utility.
(d) 
The aboveground utility shall not materially impede the flow of stormwater within the ditch line or at outlet/inlet structures as determined in the reasonable discretion of the City Engineer.
(e) 
Applicant shall provide a hold harmless agreement to protect the City against any damage that results from the collapse of the aboveground utility and the granting of this permit.
(f) 
If the height of the aboveground utility is greater than the adjacent zoning district setbacks or the distance to the nearest permanent habitable structure, the applicant shall submit an engineer's certificate. The certificate shall show that the aboveground utility is located/constructed such that the fall zone is less than the adjacent zoning district setbacks or the distance to the nearest permanent habitable structure.
(g) 
All private utility infrastructure located within the right-of-way shall be removed upon abandonment of the equipment.
B. 
Insurance and bond.
(1) 
Insurance. The person doing the work contemplated by this section shall save the City harmless from any claim or demand for damages and shall file a certificate of insurance with the Engineering Services Division giving evidence of liability insurance in the minimum amount of $1,000,000 bodily injury and property damage aggregate, naming the City and its employees as additional insured on a primary and noncontributory basis. Such insurance shall not be canceled or reduced without the insurer giving 30 days' prior written notice to the Engineering Services Division. 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 Engineering Services Division.
(2) 
Bond. Except for public utilities, a financial guaranty in the amount of $5,000 in the form of cash or a letter of credit shall be deposited or filed with the Engineering Services Division prior to the issuance of the permit required in Subsection A(3) above. The financial guaranty may be used to complete restoration to the satisfaction of the City Engineer or designated representative. The financial guaranty shall not relieve the applicant of responsibility for all costs to restore the excavated area to the satisfaction of the City Engineer or designated representative.
(a) 
Permits with impervious surface disruption. After the three-year maintenance period ends, the City will conduct a final inspection. The applicant shall make all necessary repairs. After repairs are made and approved, the City will issue final acceptance and the surety shall be terminated and released.
(b) 
Permits with pervious surface disruption only. After the one-year maintenance period ends, the City will conduct a final inspection. The applicant shall make all necessary repairs. After repairs are made and approved, the City will issue final acceptance and the surety shall be terminated and released.
C. 
Fees.
(1) 
Minimum fee. A minimum fee as set by the Common Council shall be charged for each permit issued by the City Engineer or designated representative for the issuance of an excavation permit in a City right-of-way.
(2) 
Inspection fee for utility work. In addition, a current schedule of inspection fees as adopted by the Common Council and as amended from time to time shall be kept on file in the City Clerk's office and shall be paid by the applicant prior to issuance of the permit.
(3) 
Inspection. At the discretion of the City Engineer or designated representative, a City inspector may be required to be present continuously during major portions of the excavation and/or repair. The applicant shall be responsible to pay for the actual cost of such inspections. Should this require the inspector to be on site beyond their normal working hours, the permit holder will be billed for the cost of the overtime.
D. 
Regulation for filling cuts or excavations.
(1) 
General regulations. Excavated materials shall be hauled away and properly disposed of by the contractor. All excavations made in paved areas in the public right-of-way, not excluding gravel shoulders, shall be backfilled with a well-graded gravel material free of excessive fines and compacted in six-inch layers with mechanical compaction equipment. Alternatively, an approved slurry mix may be required. The excavation shall be filled with acceptable material up to the bottom of the surrounding pavement. The pavement shall be replaced in kind in such manner as to leave no offset with the surrounding pavement.
(2) 
All repairs to excavations in permanently improved streets shall be made by saw cuts around the perimeter of the excavation. No jagged edges or irregularities are allowed upon permanent repair.
(3) 
All excavations in areas of right-of-way which are not paved, excluding gravel shoulders, shall be backfilled with natural material compacted in twelve-inch layers with mechanical compaction equipment. The natural material shall be placed to within four inches of the finished grade, and the area shall then be filled with four inches of the approved topsoil. The topsoil shall be raked to match the surrounding ground elevations, fertilized, seeded and covered with a suitable material to prevent erosion. Sod may be used in lieu of seeding; however, the sod must be placed flush with the surrounding growth.
(4) 
Excavations made in paved areas, including gravel shoulders, between October 15 and May 15 must be topped with temporary asphalt mix. The temporary patch must be replaced with permanent pavement as soon as practical or as directed by the City Engineer or designated representative.
(5) 
When an excavation is expected to be open for longer than 96 hours, the City Engineer or designated representative may require that the excavation be covered with a steel plate adequate to carry traffic.
(6) 
Defective pavement replacement.
(a) 
If the pavement replacement settles or cracks within three years of the date of the permit and if failure of the replacement is due to improper backfill or compaction, the pavement and backfill in the excavation area shall be removed and replaced at the expense of the party taking out the excavation permit. Until the defective pavement is replaced or repaired to the satisfaction of the City Engineer or designated representative, no further permits will be issued by the City for that party.
(b) 
Should it be determined by the City Engineer or designated representative that the temporary pavement is not being properly maintained, the City will cause the work to be done and deduct the cost from the financial guaranty on deposit.
(7) 
Return of financial guaranty. After permanent repairs have been made, the party holding the excavation permit may request a refund of any remaining portion of the financial guaranty. An inspection will be made and, if the repair is found acceptable and there is no expectation of settling, the financial guaranty will be returned minus any charges that have occurred. In the event that the City has incurred costs related to the excavation exceeding the financial guaranty on deposit, the permit holder will be billed for the overage. Return of the financial guaranty does not relieve the permit holder of responsibility for the excavation repair for the three years stated in Subsection D(6).
E. 
Traffic control.
(1) 
It is the responsibility of the permit holder to provide and maintain all signage as required by the Manual of Uniform Traffic Control Devices.
(2) 
The road shall not be closed without express written permission.
(3) 
It is the responsibility of the permit holder in cases of road obstruction to notify all appropriate agencies, including but not limited to: Engineering, Highway, Fire and Police Departments; school bus companies; and the like. Said notification will take place at least 24 hours prior to commencing work.
F. 
Emergencies. In the case of emergency, excavations may be made but all appropriate safety procedures must be used. A permit must be applied for as soon as practicable.
G. 
Penalties. Failure to obtain a permit to commence work, except in the case of an emergency, will result in a fine of $500 per occurrence. Each day the excavation is not permanently restored, as determined by the City Engineer or designated representative, shall constitute a separate occurrence. Penalties will not continue to accrue once a permit has been obtained and its conditions complied with.

§ 230-5 Obstructions and encroachments.

A. 
Obstructions and encroachments prohibited. No person shall encroach upon or in any way 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 B.
B. 
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1) 
Signs or clocks attached to buildings which project not more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.
(2) 
Awnings which do not extend below any point seven feet above the sidewalk, street or alley.
(3) 
Public utility encroachments authorized by the City. See § 230-7 of this chapter.
(4) 
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided such goods, wares, etc., do not remain thereon for more than three hours.
(5) 
Building materials when placed upon the street, alley or sidewalk upon conditions prescribed by the City Engineer. He may require such materials to be protected by barricades or appropriate lights.
[Amended 6-19-2001 by Ord. No. 2142; 3-28-2006 by Ord. No. 2306]

§ 230-6 Loitering in streets, sidewalks and public places prohibited; exceptions.

A. 
Loitering. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the City in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place, except upon such portions of any public street where barricades have been installed as provided in Subsection B of this section.
B. 
Temporary barricading of streets for recreational purposes. Any property owner may apply to the Police Department for a permit to use a portion of the public street adjacent to his property for recreational purposes to be conducted by the applicant. If the Chief of Police determines that such permit shall be granted, barricades shall be obtained by the applicant from the Highway Department and shall be installed by the applicant upon those portions of the street to be used for recreational purposes, and such barricades shall be installed in such a manner as to prevent vehicular traffic upon such sections of the public street upon which such recreational activities are to be conducted, except that such barricades shall be readily removable in case of required use of the portions of the street barricaded by emergency vehicles. The applicant shall install the barricades immediately prior to the commencement of the recreational activities for which such permit is granted and shall remove the same at the termination of such permit and return the same to the Highway Department. The applicant shall be responsible for any damage to barricades and shall reimburse the City therefor as determined by the City Highway Department. No fee shall be charged for such permit.

§ 230-7 Erection of utility poles.

A. 
Permit. Before any person shall erect any telegraph, telephone, electric or railway poles upon any street or alley, he shall submit to the City Engineer the route of the proposed line or lines, or any extension thereof, showing as far as practicable the location of each pole and the number and location of the wires. No such pole shall be erected until permission shall be first obtained from the City Engineer.
B. 
Use of alley. Whenever in the judgment of the City Engineer the use of any alley for the purpose of erecting the poles herein mentioned is practicable, such poles shall be placed upon and along the alley instead of upon and along a public street. When the poles are set in any alley, they shall be located as near the sidelines as practicable, and in such manner as not unreasonably to incommode the public or the adjoining proprietor or resident. Whenever such poles are erected in a street, they shall be placed, unless otherwise directed by the City Engineer, on the outer edge of the sidewalk just inside of the curb and on the line dividing the lots one from another, and shall not be so placed as to unreasonably incommode the public or the adjoining proprietor or resident, or disturb the drainage of the street, or interfere with or damage the trees or other public or private property on the line of the street or alley where such poles shall be erected, unless consent of the City Engineer has been obtained.
C. 
Resetting upon paving a street. Whenever any street on which any such poles have been set shall be graded or paved, all the poles shall be reset immediately so as to conform to the street as reconstructed, and the owner thereof shall immediately put in order all those parts of the streets, alleys, sidewalks or public grounds so used.

§ 230-8 Utility relocation administration and procedure.

A. 
Purpose. To establish the administrative procedure for preventing delays to proposed City street and highway improvement projects and contractor delay and expense due to uncertain scheduling of utility relocations.
B. 
Applicability. This chapter applies to street and highway improvement projects which have utility facilities located on them and are let for construction after this chapter has been published. This chapter does not apply to the alteration or relocation of railroad facilities within the City.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUSINESS DAY
Any calendar day of the year, exclusive of Saturdays, Sundays and legal holidays.
CALENDAR DAY
Any day of the year; if more than one day, it means any consecutive days of any year or years.
CONTRACTOR
The person or entity that enters into an improvement project contract with the City and subcontractors or suppliers to the contractor.
LETTING DATE
The date the City receives and open bids for an improvement.
MAJOR RECONDITIONING
An improvement project which includes pavement resurfacing or minor reconditioning plus shoulder widening, ditch restoration, reduction of curvature or grades and intersection improvements.
MINOR RECONDITIONING
An improvement project which includes pavement resurfacing, pavement widening, shoulder paving and intersection improvements.
OWNER
The owner of a utility facility.
PROJECT PLAN
A plan for a highway improvement suitable for the design of utility facility alterations or relocations which the City sends to the owner.
RECONSTRUCTION
An improvement project which rebuilds an existing facility and may include reducing curvature or grades and widening pavement and shoulders.
RESURFACING
An improvement project which provides a new roadway surface on an existing pavement and may include minor base patching, intersection paving, shoulder gravel and selective beam guard.
UTILITY FACILITY
Includes cable services.
WORK PLAN
A plan of the owner to carry out utility facility alteration or relocation work to accommodate an improvement project of the City.
WORKING DAY
A business day on which weather and other conditions not under the control of the owner will permit utility facility alteration and relocation work to proceed for at least eight hours of the day with the normal working force of the owner engaged in performing the controlling item of work in accordance with the owner's approved work plan. In determining the normal working force of the owner, consideration shall be given for any diversion of the owner's working force that is required to respond to an emergency involving restoration of the critical utility service.
D. 
Notification.
(1) 
The City shall make a reasonable effort to determine what utility facilities are located within the right-of-way of a proposed improvement project by researching permit files, reviewing map files maintained by the City, field investigation or contact with one-call locating services, and through contracts with local governmental units.
(2) 
The City shall identify the owner of facilities determined in Subsection D(1) by name.
(3) 
The City shall notify the owner of the proposed improvement by mail.
(4) 
The notification shall include the names or route number, or both, of the street or highway, the geographical limits of the improvement, general description of the work to be done, desired date for completion of utility coordination and anticipated year of construction of the improvement.
(5) 
Within 60 calendar days of mailing the notification referred to in Subsection D(3), the owner shall provide a description and the general location of each utility facility in the vicinity of the improvement.
E. 
Project and work plans.
(1) 
After the owner responds with the information specified in Subsection D(5) above, the City shall mail to the owner at least one set of the available project plan. The project plan shall show all existing utility facilities known to the City that are located in the right-of-way where they will conflict with the improvements.
(2) 
The City may include a receipt of mailing form. If a receipt of mailing form is sent, the owner shall complete the form and mail it back to the City within seven calendar days of receipt.
(3) 
The project plan need only show those portions of the improvement which give the project location, the owner's existing utility facilities and how those facilities will be affected by the improvement. The City will also provide any additional and duplicate plan information needed by the owner to design and lay out the removal, relocation or adjustment of existing utility facilities and the placement of relocated or additional facilities within the project limits.
(4) 
The owner shall provide the City with a work plan. The work plan shall be furnished within 60 calendar days after the date of mailing of the project plan by the City for resurfacing projects; within 90 calendar days for minor reconditioning projects; and within 120 calendar days for major reconditioning, reconstruction or new construction projects. When the City determines there is a potential conflict between work plans, the City will schedule a meeting that the owners are required to attend to coordinate the work.
(5) 
The City shall review the work plan to ensure compatibility with permit requirements, the improvement plans and construction schedule, reasonableness of relocation scheme and reasonableness of cost for compensable work. If the work plan submitted by the owner is not compatible or reasonable, the City shall advise the owner by mail as soon as practicable. If sent through regular mail, the City may include a receipt of mailing form. If a receipt of mailing form is sent, the owner shall complete the form and mail it back to the City within seven calendar days of receipt. The owner shall submit a revised work plan within 30 calendar days of receipt of advice by the City that the work plan is not compatible or reasonable. The City shall review the revised work plan and if the work plan is still not compatible or reasonable, the work plan revision process shall be repeated. When the work plan is compatible and reasonable, the City shall advise the owner by mail or its approval.
(6) 
The owner shall notify the City by mail within 15 calendar days of receiving all required approvals from government agencies.
(7) 
The City shall notify the owner by mail not less than 30 calendar days before the owner is required to begin the work provided for in the approved work plan. The City may include a receipt of mailing form which the owner shall complete and return within seven calendar days of receipt.
(8) 
If the owner's approved work plan is dependent on work by the contractor, the contractor shall provide the City and the owner a good faith notice 14 to 16 calendar days before the work is expected to be complete and ready for the owner to begin its work. The contractor shall follow up with a confirmation notice to the City and the owner not less than three working days before the work will be ready for the owner to begin its work.
(9) 
The owner shall notify the City when its work has started. The owner shall complete its work within the time frame described in its work plan. The owner shall notify the City when the work is complete. Notice of work start and work completion shall be sent by mail within 15 calendar days of starting and completing the work, respectively.
(10) 
If, prior to the letting date of the highway improvement project, the City's project plan is changed so that additional utility relocation or adjustment work is found necessary, the City shall furnish a revised project plan per Subsection E(1) to (3), and the owner shall provide the City with a revised work plan per Subsection E(4), except that the time allowed for the owner to submit the revised work plan after receipt of the revised project plan shall not exceed 60 calendar days. Revisions to the project plan shall be identified to the owner.
(11) 
If, after the letting date of the highway improvement project, additional utility relocation or adjustment work is found necessary, the City shall notify the owner. The City and the owner shall agree on a revised work plan.
F. 
Responsibilities.
(1) 
If the City requires additional work to a utility facility after the facility has been relocated or adjusted in accordance with a work plan approved by the City, the City shall bear the reasonable cost of the additional work.
(2) 
If the City requires relocation or adjustment of a noncompatible utility facility that was originally determined, per the work plan, to not need relocation or adjustment, the owner shall bear the cost of the relocation or adjustment.
(3) 
If the City requires relocation or adjustment of a compensable utility facility that was originally determined, per the work plan, to not need relocation or adjustment, the City shall bear the reasonable cost of the relocation or adjustment.
(4) 
The owner shall bear the cost of additional work to any portion of its facilities after the facilities have been relocated or adjusted in accordance with a work plan approved by the City if the additional work is required by the City due to error by the owner in preparation of work plans for, field locations of, or construction of the relocation or adjustment of its facilities.
(5) 
The contractor shall be responsible for compliance with § 182.0175(2), Wis. Stats., with respect to precautions to be taken to avoid and prevent damage to utility facilities.
(6) 
Completion by owner.
(a) 
The owner shall complete alteration or relocation of its utility facilities in accordance with the work plan approved by the City.
(b) 
The work shall be completed by the owner within the time frame of the approved work plan.
(7) 
Damages; liability.
(a) 
If the owner has complied with §§ 66.0831, 84.063 and 182.0175, Wis. Stats., and this chapter and the utility facilities are damaged by the contractor, the contractor shall be responsible to the owner for damages if the contractor has not complied with § 182.0175(2), Wis. Stats.
(b) 
The contractor shall not be responsible for damage to utility facilities if it has complied with §§ 182.0175(2) and 66.0831, Wis. Stats.
(c) 
If the owner fails to provide a work plan as provided in Subsection E or fails to complete the alteration or relocation of its facilities in accordance with the work plan approved by the City, the owner shall be liable to the contractor for all delay costs and liquidated damages incurred by the contractor which are caused by or which grow out of failure of the owner to carry out and complete its work in accordance with the approved work plan.
(8) 
If one year or more has passed since the City approved a work plan, the owner may submit a revised work plan that must be considered by the City if it is submitted prior to the letting date and does not affect the letting date.

§ 230-9 Damaging streets prohibited.

[Amended 6-19-2001 by Ord. No. 2142; 7-23-2002 by Ord. No. 2180]
No person shall injure or tear up or remove any pavement, sidewalk or crosswalk or any part thereof, or dig any holes, ditch or drain in or remove any sod, stone, earth, sand or gravel from any street, lane, alley or public ground within the City without obtaining a permit from the Director of Utilities and Streets Operations.

§ 230-10 Interference with barricades prohibited.

No person shall remove an authorized barricade from any street or injure the same or drive upon any street which has been properly barricaded.

§ 230-11 Placing injurious substance on street prohibited.

No person shall place or cause to be placed upon a street, alley or sidewalk any foreign substance which may be injurious to any vehicle or part thereof.

§ 230-12 Violations and penalties.

Any person who shall violate any provision of this chapter shall be subject to a penalty as provided by Chapter 1, General Provisions, § 1-18 of this Code.

§ 230-13 Maintenance of public rights-of-way and public easements.

[Added 2-8-2005 by Ord. No. 2253; amended 9-26-2006 by Ord. No. 2329]
Owners of property adjacent to public stormwater easements and public rights-of-way shall keep said areas, to the extent practicable and where site conditions make it appropriate, free of refuse, yard waste, tree limbs, weeds and leaves and shall keep grass in such areas where necessary mowed and shall maintain landscaping materials including, but not limited to, mulch and plantings. Plantings and grass areas within medians shall be maintained by the subdivision association for the subdivisions in which they are situated. In those subdivisions where a subdivision association has not been formed or is inactive, the City’s actual cost of maintenance of the medians shall be apportioned in equal shares amongst each of the residents of the subdivision in which they are situated as a special charge for current services pursuant to Wisconsin Statute Section 66.0627.