City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as Ch. 8 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Official Map — See Ch. 60.
Amusements and special events — See Ch. 100.
Littering — See Ch. 200.
Loitering — See Ch. 204.
Nuisances — See Ch. 227.
Peace and good order — See Ch. 238.
Sales — See Ch. 254.
Sewers — See Ch. 259.
Subdivision of land — See Ch. 278.
Vehicles and traffic — See Ch. 293.
Water — See Ch. 304.

§ 274-1 Street and sidewalk grades.

[Amended 5-5-1998 by Ord. No. 1583(2)]
A. 
The grades of all streets and sidewalks as established by the City shall be kept on file in the office of the Department of Public Works (DPW) and all such grades previously established are hereby confirmed.
B. 
Grades of all streets shall be established and all streets shall be cut to the established grade prior to the installation of water mains or sewer mains.

§ 274-2 Street surfacing.

[Amended 5-5-1998 by Ord. No. 1583(2)]
All streets reconstructed and all streets being initially improved shall be surfaced with either concrete or asphaltic concrete.

§ 274-3 Construction and repair of sidewalks.

[Amended 4-4-1990 by Ord. No. 1298(45); 5-1-1990 by Ord. No. 1302(3); 5-5-1998 by Ord. No. 1583(2)]
A. 
Permit required. No person shall construct or cause to be constructed any curb and gutter, sidewalk or driveway approach without having first obtained a permit therefor from the Department of Public Works (DPW).
B. 
Annual inspection.
(1) 
The City DPW shall inspect existing sidewalks in locations determined by the Common Council each year. Sidewalks found that do not meet City standards shall be repaired by the City or its agents. Notice of public hearing shall be sent to affected property owners prior to letting of bids to repair such sidewalks.
(2) 
In the noninspected areas each year, sidewalks may be caused to be repaired by the City if found necessary and urgent. Citizen complaints, legal actions, adjacent construction and natural disasters are examples of reasons to repair sidewalks.
(3) 
Construction costs. When sidewalks are caused by the Common Council to be repaired or replaced, the cost of sidewalk installation will be borne by the property owner and the City on a fifty-percent/fifty-percent basis, per § 66.0703, Wis. Stats.
(4) 
Standards for replacement or repair. Whenever the following sidewalk defects are found to exist, an appropriate order for the replacement or repair of the sidewalk shall be made:
(a) 
When a sidewalk has a three-fourths-inch or greater height difference between sections, it shall be required that the entire section which is out of alignment be replaced and realigned. Topping the lower slab with concrete or blacktop and/or using concrete or blacktop to ramp from the lower slab to the higher slab is only permitted as a temporary repair until complete reconstruction can be made.
(b) 
When one or more cracks exist in a section with openings which are 3/4 inch or larger, it shall be required that the entire section be replaced.
(c) 
When the scaling or cracking of a section makes the section unsafe, the entire section shall be required to be replaced.
(d) 
When a section has missing pieces it shall be replaced.
(e) 
When the height of a section causes isolated ponding of water, the entire section shall be required to be replaced or adjusted in elevation so that the ponding of water is eliminated.
(f) 
When the sidewalk has not been set to the required grade or line or does not comply with other specifications of these standards, it shall be repaired or replaced.

§ 274-4 Special assessments for street and alley improvements.

[Amended 5-5-1998 by Ord. No. 1583(2)]
A. 
In all cases where existing streets do not have curb and gutter, abutting property owners shall be subject to special assessments for the full cost of curb and gutter construction.
B. 
In all cases where streets do not have asphalt, concrete pavement, or seal coat, all construction costs shall be fully assessed to abutting property owners.
C. 
In all cases where alleys must be resurfaced or reconstructed, all construction costs shall be fully assessed to abutting property owners.

§ 274-5 Installation of sewer and water laterals.

[Amended 5-5-1998 by Ord. No. 1583(2)]
New sanitary sewer and water laterals extending from the mains to the property line shall be installed when necessary at the time when sanitary sewer and water mains are relaid in the street at a cost borne by the City. In all cases, the property owner is responsible for the lateral from the property line to the building.[1]
[1]
Editor's Note: See also Ch. 259, Sewers, and Ch. 304, Water.

§ 274-6 Care of parkways.

[Amended 5-5-1998 by Ord. No. 1583(2)]
A. 
Duty of owner or occupant. The owner, occupant or person in charge of the abutting premises shall keep all grasses and trees growing on the spaces between the curbline and the sidewalk, or parkways, of all streets in a sightly and proper condition.
B. 
Removal by City. If any such person shall fail to modify, remove or improve any improper or unsightly conditions in such spaces within 10 days after receipt of notice from the Department of Public Works, he shall be liable to have the same modified, removed or improved by the City, and the cost therefor shall be assessed and collected as a special tax against the abutting property.

§ 274-7 (Reserved) [1]

[1]
Editor's Note: Original § 8.08, Awnings, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 315, Zoning, § 315-61, Awnings.

§ 274-8 Trains not to obstruct streets.

No person owning, running, or having in charge any railroad or railroad cars or other vehicle used by any railroad company on any railroad in this City shall leave such cars or other vehicles on any street or within the boundaries of any street for a period of longer than 10 minutes.

§ 274-9 Snow and ice removal.

A. 
Duty of owner or occupant. The owner, occupant or person in charge of each lot shall remove or cause to be removed any and all snow and ice which has fallen or accumulated upon the sidewalk in front of the premises owned or occupied or cared for by him within 18 hours after cessation of the snowfall. When ice has so formed upon any sidewalk that it cannot be removed, the sidewalk shall be sprinkled with salt, sand or other ice-melting products so as to prevent the same from being dangerous.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Removal by City. Upon notification by the Police Department, the Department of Public Works shall cause all sidewalks which have not been cleaned or sprinkled in the manner heretofore described to be cleaned or sprinkled upon the default of the person whose duty it shall be to clean or sprinkle the same, and the cost thereof shall be assessed and collected as a special tax against the abutting property.

§ 274-10 House numbering.

A. 
Uniform numbering system established; baselines.
(1) 
There is hereby established a uniform system of numbering all houses and buildings fronting on all streets, avenues, alleys and highways in the City. All houses, buildings, etc., fronting on the alleys shall be numbered to correspond with the numbers on parallel streets. In establishing said system, South Kane, North Kane, that part of Milwaukee Avenue from Kane Street to the quarter section line of Section Number 32 of Town Three North, Range Nineteen East and said quarter section line from Milwaukee Avenue to the City limits shall constitute the north and south base line from which the numbers on all houses and buildings running east and west from said streets shall be extended each way upon the basis of one number for approximately each 15 feet of property frontage, wherever possible, starting at the base line with the number 100 and continuing with consecutive hundreds at each intersection, wherever possible. All even numbers shall be placed upon houses and buildings on the north side of said streets, avenues, alleys and highways, and all odd numbers shall be placed upon houses and buildings on the south side of the streets, avenues, alleys, and highways.
(2) 
State Street from the east City limits to the west City limits shall constitute the east and west base line from which the numbers on all streets running north and south from said street shall be extended each way, upon the basis of one number for approximately each 15 feet of property frontage, wherever possible, starting at the base line with number 100 and continuing with consecutive hundreds at each intersection, wherever possible. All even numbers shall be placed upon houses and buildings on the east side of said streets, avenues, alleys and highways, and all odd numbers shall be placed upon houses and buildings on the west side of said streets, avenues, alleys and highways.
B. 
Assigning and placing of numbers. A survey has been made and numbers have been assigned to each house and building located on any street, avenue, alley or highway in said City under a uniform system provided for in Subsection A. The City Clerk shall notify the owner, occupant, or agent of each house or building of the respective number assigned to it. Such owner, agent or occupant shall call for such number at the office of the City Clerk and shall place such number or numbers within 15 days after receipt of such notification. The cost of the number or numbers shall be paid for out of the funds set aside for this purpose. The cost of replacement of any number or numbers after their initial installation and the cost of any number or numbers on any new house or structure shall be borne entirely by the owner or occupant of any such house, building or structure, said numbers in all instances to comply with the standard set forth in Subsection E hereof.
C. 
Suffixes. Where only one number is available for any house or building and the owner, occupant, or agent of such house or building shall desire distinctive numbers for the upper and lower portion of any such house or building, or for any such house or building fronting on any street, such owner, occupant or agent shall use the suffix "A," "B," "C," etc., as may be required.
D. 
Improper numbers. No person shall alter any number or retain any improper number.
E. 
Size of numbers. All numbers placed on houses and buildings shall be not less than three inches in height, including background, and shall be distinctly legible, and shall be posted as provided in § 155-25. In no event shall the number proper, where a background is used, be less than two inches in height.
[Amended 11-5-2008 by Ord. No. 1873(15)]
F. 
Assignment of numbers. The Department of Public Works shall inform the Building Inspector and any party applying therefor of the number or numbers belonging or embraced within the limits of said lot or property.
[Amended 11-5-2008 by Ord. No. 1873(15)]
G. 
New buildings. Whenever any new house, building or structure is erected in the City, in order to preserve the continuity and uniformity of numbers of the houses, buildings and structures, the owner or his agent shall procure from the Building Inspector the correct number or numbers as designated by the Department of Public Works, and the owner or agent shall immediately post said number or numbers so assigned pursuant to the regulations set forth in § 155-25, and no building permit shall be issued for any house, building or structure until the owner or his agent has procured from the Building Inspector the official number of the premises.
[Amended 11-5-2008 by Ord. No. 1873(15)]

§ 274-11 Use of streets.

No person shall, within the City:
A. 
Alter grades. Alter, change or cause to be altered or changed the grade of any street, sidewalk, alley or other public ground within the City unless authorized or directed to do so by the Common Council.
B. 
Dig in streets. Dig any hole, drain or ditch in any street, alley or other public ground without first obtaining a permit from the proper authority.
C. 
Operate vehicles with lugs. Drive, propel or draw any tractor, steam engine or similar piece of machinery equipped with lugs upon any streets paved with concrete, macadam, asphalt or upon streets on which tar or oil has been used.
D. 
Obstruct streets. Pile, deposit, or place, or permit to be piled, deposited or placed, any rubbish, wood, coal, dirt, impediment or obstruction of any kind upon or over any sidewalk, street or alley so as to occupy or obstruct any such sidewalk, street or alley, or build or erect any building, fence or other structure upon any part thereof. City sidewalks, however, may be used for outdoor seating in certain circumstances as follows:
[Amended 2-16-2005 by Ord. No. 1770(22)]
(1) 
Outdoor seating may be permitted on City sidewalks in the B-2 and B-2A Zoning Districts, i.e., the downtown and primarily the Historic Preservation Overlay District. Seating may be allowed on any facade facing a public right-of-way, with the exception of an alleyway.
(2) 
Any open and operating first-floor commercial businesses or professional offices will be permitted to have seating on the public sidewalk outside of the business. No stretching or extending over to a neighboring property's frontage is permitted, even if the business obtains permission to do so.
(3) 
No open intoxicants will be permitted on any public sidewalk or right-of-way, including areas where outdoor seating is permissible.
(4) 
Seating is only allowed where sidewalk width can accommodate standard widths for seating and pedestrian accessibility. ADA standards will be applied to determine pedestrian accessibility.
(5) 
A right-of-way permit will be required in order to verify that minimum sidewalk widths are available. The applicable fee shall be in an amount as set by the Common Council.
(6) 
Only the following outdoor seating items shall be permitted to be placed on the public sidewalk in compliance with these other requirements: tables, chairs or other furniture or trash receptacles. No umbrellas are permitted. No candles or other artificial lighting, no condiments and no accessories of any kind shall remain on any table or other furniture, unless that table or furniture is occupied. "Other furniture" is defined as furniture designed for or modified to withstand the elements and is intended for outdoor seating use.
(7) 
No tables, chairs or other furniture or trash receptacles may be anchored in any manner to the public property.
(8) 
All tables, chairs or other furniture or trash receptacles must be brought in at the end of each business day or no later than 11:00 p.m., whichever is sooner, or the same is subject to removal by the City.
[Amended 7-2-2013 by Ord. No. 1968(2)]
(9) 
All outdoor seating areas must provide a trash receptacle to be emptied or removed by the permitted business when full, or daily. Trash receptacles must be covered to prevent the wind from spreading trash around.
(10) 
All tables, chairs or other furniture or trash receptacles placed on the public sidewalk must be maintained in good working order and safe condition.
(11) 
No tables, chairs or other furniture or trash receptacles may be placed outside during the regular snow season, i.e. November 1 through February 28 annually, or any other nonregular snow season snow days.
(12) 
Serving of food and/or nonalcoholic beverages will be permitted for these sidewalk seating areas.
(13) 
Doorways may not be blocked by any placement of the tables, chairs or other furniture or trash receptacles placed on the public sidewalk.
(14) 
It is the responsibility of the business owner to regularly check on the placement of tables, chairs or other furniture or trash receptacles placed on the public sidewalk to comply with these requirements.
(15) 
The placement of any item on the public sidewalk that is not in compliance with these regulations is subject to removal by the City, or its designee, without warning. Items removed by the City shall be disposed of without compensation provided to the owner of said items. If the City removes noncompliant items from any property, notice shall be provided to the business owner or business manager with a warning that if the City, due to noncompliance with these requirements, must remove any tables, chairs or other furniture or trash receptacles from this property within a twelve-month period following the date of the notice, then the required right-of-way permit shall be revoked for a period of 12 months.
(16) 
This use is only permitted between the hours of 6:00 a.m. and 10:00 p.m.
[Amended 7-2-2013 by Ord. No. 1968(2)]
E. 
Litter streets. Place or deposit any filth, ashes, dirt, straw, paper or other litter or refuse matter in any street, or so haul ashes, gravel, stones, or other materials on any street, alley or other public ground so as to allow any part thereof to fall upon such street, alley, or other public ground.
F. 
Burn in streets. Burn any trash, rubbish, leaves or other matter upon any oiled, asphalt, macadam, or other improved street within the City.
G. 
Place broken glass, etc. Place, deposit or scatter upon any street, alley or other public ground any broken glass, wire, tacks, nails, rubbish or similar materials.
H. 
Allow overhanging branches. Allow branches to project over or across any sidewalk within the City at a distance of less than 9 feet above such sidewalk.
I. 
Play in streets. Play at ball or engage in any races in or upon any street within the City unless permission has first been obtained from the Chief of Police.
J. 
Operate snowmobiles or unregistered vehicles. Operate snowmobiles or unregistered recreational vehicles on the right-of-way of any City street between the curb or edge of the traveled portion of the street and the exterior limits of such right-of-way, including but not limited to operation of sidewalks and parkway areas, except as authorized under § 293-7 of this Municipal Code.[1]
[Amended 11-18-2003 by Ord. No. 1740(20)]
[1]
Editor's Note: Original § 8.13, Winter restricted parking regulations, is now included in Ch. 293, Vehicles and Traffic. See § 293-4.

§ 274-11.1 Alcoholic beverages in outdoor sidewalk seating areas.

[Added 6-4-2013 by Ord. No. 1967(1)]
A. 
As an exception to the provisions of above § 274-11D(3), alcoholic beverages may be served and consumed in an outdoor sidewalk seating area allowed under above § 274-11D, provided that the property owner and/or tenant of the property which holds such an outdoor sidewalk seating permit complies with the following provisions of this section.
B. 
The provisions of § 274-11D shall be complied with, except to the extent that those provisions are modified by the provisions of this section.
C. 
The holder of the outdoor sidewalk seating permit issued under above § 274-11D shall be a restaurant under the provisions of Section 254.61(5) of the Wisconsin State Statutes (as may be amended or renumbered from time to time), and 50% or more of the restaurant's gross receipts for the prior calendar year are from the sale of food and/or nonalcoholic beverages. In the event that the applicant has not been in business long enough to have available revenue information for the prior calendar year, the City shall instead review the revenue information that is available and also as may be projected by the applicant for the future. All revenue information that the applicant submits to the City shall be kept confidential and shall not be released to the public, except as may be otherwise required under the law.
D. 
No alcoholic beverages may be served to and/or consumed by any person in the outdoor sidewalk seating area after 10:00 p.m.
E. 
The holder of the outdoor sidewalk seating permit shall operate his/her restaurant business such that at a minimum, food service is available to its customers at all times that alcoholic beverages are available for sale to its customers located in the outdoor sidewalk seating area.
F. 
The holder of the outdoor sidewalk seating area permit shall have been issued all licenses and permits required under the law to serve alcoholic beverages to his/her customers.
G. 
[1]No alcoholic beverages served to customers in the outdoor sidewalk seating area may be carried outside of the said outside seating area (except directly into the restaurant premises), and signage shall be prominently displayed in the outdoor sidewalk seating area indicating this prohibition.
[1]
Editor's Note: Former Subsection G, regarding the deadline for removal of furniture from the outdoor sidewalk seating area, was repealed 7-2-2013 by Ord. No. 1968(2). This ordinance also provided for the redesignation of former Subsections H, I, and J as Subsections G, H, and I, respectively.
H. 
In addition to holding the outdoor sidewalk seating area permit issued under the provisions of above § 274-11D, the property owner and/or tenant shall also obtain a separate and further permit from the City for the sale of alcoholic beverages to customers in the outdoor sidewalk seating area under the provisions of this present ordinance. This separate and further permit, hereafter referred to as the "sidewalk alcohol sales permit," shall:
(1) 
Be applied for on such form as the City may provide for such purpose; and
(2) 
Be issued to the applicant only if the applicant meets all of the requirements of this present ordinance.
I. 
A sidewalk alcohol sales permit issued by the City shall be valid only for the time period of March 1 through October 31 in the calendar year of its issuance. The permit must be applied for separately for each calendar year. The City shall establish a permit fee for the issuance of a sidewalk alcohol sales permit in such amount as the City may from time to time determine.

§ 274-12 Violations and penalties.

Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.
[Amended 7-5-1989 by Ord. No. 1271(10); 7-7-1992 by Ord. No. 1394(7); 5-5-1998 by Ord. No. 1583(2)]

§ 274-13 Findings and purpose.

A. 
The City finds that excavation and occupancy within public rights-of-way causes direct and indirect costs to be borne by the City and its taxpayers, including but not limited to:
(1) 
Administrative costs associated with public right-of-way projects, such as application, permitting, inspection and supervision, supplies and materials.
(2) 
Repair and maintenance costs to the roadway associated with the actual intrusion into the public right-of-way.
B. 
The purpose of this article is to provide the City legal framework within which to regulate and manage the public rights-of-way and to provide for recovery of the costs incurred in regulating and managing intrusions in the public rights-of-way.
C. 
This article provides for the health, safety and welfare of the residents of the City as they use the rights-of-way of the City, as well as to ensure the structural integrity of the public rights-of-way. The City desires to minimize the number of excavations taking place thereon and to regulate the placement of facilities within the rights-of-way to ensure that they remain available for public services. The taxpayers of the City bear the financial burden for the upkeep of the rights-of-way. A primary cause for the early and excessive deterioration of its rights-of-way is the frequent excavation by persons who locate facilities therein.

§ 274-14 Administration.

The Department of Public Works (DPW) is responsible for the administration of the rights-of-way and the permits and ordinances related thereto.

§ 274-15 Permit and registration required.

A. 
Each person who occupies, uses, or seeks to occupy or use the right-of-way or any equipment in the right-of-way or has or seeks to have equipment located in any right-of-way shall obtain a right-of-way permit from the DPW.
B. 
No person shall occupy, construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof in, any right-of-way without first being registered with the DPW.
C. 
No person may place a dumpster, container or similar removable storage container, or any construction vehicle, on or in the public right-of-way without a permit from the Department of Public Works (DPW); or allow a dumpster, container or similar removable storage container, or a construction vehicle, to remain on or in the public right-of-way between November 15 and March 15. No person may allow a dumpster, container or similar removable storage container, or a construction vehicle, to remain on or in the public right-of-way for a period longer than three continuous calendar weeks between March 16 and November 14. Only rubber-tired construction vehicles will be permitted. No person may obtain a right-of-way permit without providing a certificate of insurance to the City indemnifying the City and holding the City harmless from any and all liability for placement of the dumpster or construction vehicle. When emergency circumstances are shown by an applicant, the City may permit the placement of a dumpster, container or similar removable storage container, or any construction vehicle, on or in the public right-of-way between November 15 and March 15 for a period not to exceed three continuous calendar weeks, weather and circumstances permitting. Emergency placement permits may be revoked due to weather conditions and snowplowing operations with forty-eight-our notice to the permittee.
[Added 3-1-2005 by Ord. No. 1764(16)]

§ 274-16 Registration information.

A. 
The information provided to the DPW at the time of application shall include but not be limited to:
(1) 
Each applicant's name, address and e-mail address, if applicable, and telephone and facsimile numbers.
(2) 
The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration.
B. 
All contractors and/or utilities doing the work contemplated by this article shall file a certificate of insurance with the DPW giving evidence of insurance as follows: comprehensive general liability, contractual liability and property damage:
(1) 
Bodily injury, including death (each person): $500,000.
(2) 
Bodily injury, including death (each accident): $1,000,000.
(3) 
Property damage (each person): $500,000.
(4) 
Property damage (each accident): $1,000,000.
C. 
The certificate of insurance must designate the City as an additional insured and contain a ten-day notice to the City of cancellation. This certificate may be filed annually with the DPW for applicants who perform work regularly within the City.
D. 
Only sidewalk and driveway apron work performed by property owners adjacent to their property shall be exempt from filing the certificate of insurance, as listed above.

§ 274-17 Permit required; extensions; display.

A. 
Right-of-way permit required. No person may excavate, obstruct or occupy the right-of-way or place equipment in a right-of-way without first having obtained a right-of-way permit from the DPW.
B. 
Permit extensions. No person may continue use of the right-of-way beyond the date or area specified in the permit unless such person requests and is granted a permit extension from the DPW.
[Amended 11-18-2003 by Ord. No. 1740(20)]
C. 
Permit display. Permits issued under this article shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the DPW.

§ 274-18 Application for permit.

Application for a permit shall be made to the DPW. Permit applications shall contain and will be considered only upon compliance with the requirements of the following provisions:
A. 
Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed equipment and a traffic control plan, where deemed necessary.
B. 
Payment of all money due to the City for applicable permit fees and costs, prior excavations, or any loss, damage, or expense suffered by the City because of the applicant's prior excavations of the rights-of-way or any emergency actions taken by the City.
C. 
A certified check or cashier's check in the amount of $2,000, payable to the City of Burlington. This check will be returned after the proper restoration of the right-of-way has been completed. The applicant must inform the DPW when all restoration work has been completed and allow the DPW three business days for final inspection. Only sidewalk and driveway apron work performed by property owners adjacent to their property shall be exempt from this requirement.

§ 274-19 Issuance of permit; conditions.

A. 
Permit issuance. If the DPW determines that the applicant has satisfied the requirements of this article, the DPW may issue a permit.
B. 
Conditions. The DPW may impose reasonable conditions upon the issuance of the permit and the performance by the applicant thereunder to protect the public health, safety and welfare, to ensure structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public.
C. 
Excavations and obstructions to be guarded. All persons to whom a permit for any obstruction or excavation in or upon any street, sidewalk or other public ground has been granted shall keep such excavation or obstruction properly guarded by day and lighted by night, according to Part VI of the Manual on Uniform Traffic Control Devices, current edition.

§ 274-20 Fees.

Reimbursement for administration and inspection fees shall be as follows:
A. 
The fee for excavation under any pavement or below 12 inches of grade shall be as set by the Common Council.[1]
[1]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
B. 
The fee for work within the right-of-way between the street/ground surface and 12 inches below shall be as set by the Common Council (the usual case being sidewalk and driveway apron work or street occupancy).
C. 
The fee for a right-of-way permit for dumpster or construction vehicle placement shall be as set by the Common Council.
[Added 3-1-2005 by Ord. No. 1764(16)]
D. 
The fee for any required inspection work by the City Engineer, or outside services, shall be as set by the Common Council.
[Added 3-1-2005 by Ord. No. 1764(16)]

§ 274-21 Right-of-way repair and restoration.

In addition to repairing its own work, the permittee must restore the general area of the work and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work. The City shall inspect the area of the work and accept the work when it determines that proper restoration has been made per standards of the DPW.
A. 
Standards. The permittee shall perform repairs and restoration according to the specifications and with the materials specified by the DPW. The DPW shall have the authority to prescribe the manner and extent of the restoration and may do so in written procedures of general application or on a site-specific basis.
(1) 
Backfill under pavement. All excavations performed on pavement shall be backfilled with the following Wisconsin Department of Transportation slurry mix for each cubic yard required: 1,350 pounds of sand, 750 pounds of No. 1 stone, 1,150 pounds of No. 2 stone, and 25 gallons of water.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(2) 
Excavations in pavement. All excavations in permanently improved streets shall be made by saw cuts around the perimeter of the excavation. After excavation, prior to patching, the perimeter must be resawed one foot back onto undisturbed subgrade.
(3) 
Pavement restoration. All pavement must be restored to previously existing condition. Where concrete pavement has been overlaid with asphalt pavement, concrete pavement must be replaced and doweled in place as directed by the DPW. It shall then be overlaid with asphalt pavement.
(4) 
Curb. Tunneling of curb shall not be allowed. Curb must be removed and replaced if curb is exposed in the trench. When replacing curb, it must be tied to existing curb with two driven one-half-inch tie rods in the pan of the gutter, at both ends of the pour. No curb sections shall be smaller than four feet in length. Curb shall be placed over a four-inch road gravel base.
(5) 
Signalized intersections. In no case shall a utility or its contractor cut into the pavement of a signalized intersection without having contacted the DPW (763-2060) 36 hours prior to beginning the work. Any contractor who damages a loop detector through negligence or without having called for a location of the device shall be charged for the repair or reinstallation of the device and any other related costs incurred.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(6) 
Pavement markings. Lane striping or other painted and affixed traffic markings which are removed by permittees shall be replaced by them before restoration will be considered complete. The inspector shall notify the applicant of the product specifications and applications.
(7) 
Sidewalks. Sidewalks damaged by the applicant shall be removed and replaced in full sections. A section's size will be determined by the adjacent sections or by the DPW. All edges of the concrete to be removed shall be saw cut and then formed from construction joint to joint. Any sections of sidewalk which have been undermined as work progressed will also be cut out and replaced with suitable backfill tamped prior to replacement. No applicants or contractors shall park any vehicle and/or equipment on City sidewalks. Should damage be observed after the work has been completed, the applicant shall be notified to perform the repairs. Where sidewalk sections are removed at street corners, the sidewalk and adjacent curb shall be restored as directed by the DPW.
(8) 
Aprons. Driveway aprons shall not be patched but rather reconstructed following right-of-way work (particularly utility work). The applicant shall notify the DPW when a concrete apron will be disturbed. All edges of the concrete restoration shall be saw cut, and the property owner's access shall not be unreasonably denied. In the event a repair becomes necessary, an apron will be repaired with the same material from which it was made.
(9) 
Driveway openings. When creating new or widening existing driveway approaches, the curb openings shall be created by one of two methods: the entire curb and gutter section shall be removed and replaced, as stated above, or back of curb shall be horizontally sawed off. Vertically sawing the curb head off is prohibited. The height of the back of curbline shall be 1 1/2 inches and the flow line of the curb shall be one inch. When closing drive openings, the entire curb and gutter section shall be removed and properly replaced, as stated above.
(10) 
Parkway restoration. All excavations in areas of rights-of-way which are not paved shall be backfilled with granular material compacted in twelve-inch lifts with mechanical compaction equipment. The granular material shall be placed to within four inches of the finished grade, and the area shall then be filled with four inches of approved topsoil, seeded, fertilized and mulched according to DPW specifications. Any debris, including but not limited to items such as broken concrete, garbage, tree roots, and oversize rocks, shall be removed from these areas prior to backfilling.
B. 
Guarantees. The permittee guarantees its work and shall maintain it for 24 months following its completion. During this twenty-four-month period the permittee shall, upon notification from the DPW, correct all restoration work to the extent necessary, using the method required by the DPW. Said work shall be completed within five calendar days of the receipt of the notice from the DPW.
C. 
Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the DPW or fails to complete satisfactorily and timely all restoration required by the DPW, the DPW at its option may do such work. In that event the permittee shall pay to the City, within 30 days of billing, the cost of restoring the right-of-way. If the bill is not paid by the permittee, future permits may be refused according to § 274-24.

§ 274-22 Inspection.

A. 
Notice of completion. When the work under any permit hereunder is completed, the permittee shall notify the DPW.
B. 
Site inspection. The permittee shall make the work site available to the DPW and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.
C. 
Authority of DPW. At the time of inspection the City may order the immediate cessation of any work which poses a threat to the life, health, safety or well-being of the public. The City may issue an order to the applicant for any work which does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the applicant shall present proof to the DPW that the violation has been corrected. If such proof has not been presented within the required time, the DPW may revoke the permit.

§ 274-23 Other obligations.

A. 
Compliance with other laws. Obtaining a permit to work in the right-of-way does not relieve the permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other City, county, state, or federal rules, laws or regulations. A permittee shall comply with all requirements of local, state and federal laws. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work.
B. 
Special permission required. Special permission is required from the City of Burlington Common Council to move or to cause to be removed any building upon, within, along, over or across any street, sidewalk, alley, or other public ground.[1]
[1]
Editor's Note: See Ch. 115, Building Construction, § 115-11, Moving buildings.
C. 
Prohibitions. No person shall do any of the following:
(1) 
Build any stairway or entrance from a sidewalk or street into any adjoining basement or cellar.
(2) 
Excavate for and build, or cause to be excavated for and built, any cellar, vault, coal bin, or other room under any sidewalk, street, alley or other public right-of-way.

§ 274-24 Denial, revocation, suspension, or refusal to issue or extend permits.

The DPW may refuse to issue a permit or may deny, revoke, suspend, or refuse to extend an existing permit if it finds any of the following grounds:
A. 
The applicant or permittee is not in full compliance with the requirements of this article or state or federal law.
B. 
Issuance of a permit for the requested date would interfere with an exhibition, celebration, festival, or other event.
C. 
Misrepresentation of any fact by the applicant or permittee.
D. 
Failure of the applicant or permittee to maintain the required deposit check or insurance.
E. 
Failure of the applicant or permittee to complete work in a timely manner.
F. 
The proposed activity is contrary to public health, safety or welfare, interferes with safe, convenient or ordinary travel over the right-of-way, or harms existing right-of-way users.
G. 
The extent to which right-of-way space where the permit is sought is available.
H. 
The competing demands for the particular space in the right-of-way.
I. 
The availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant.
J. 
The applicability of ordinances or other regulations to the right-of-way that affect location of equipment in the right-of-way.
K. 
The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way.
L. 
The condition and age of the right-of-way and whether it is scheduled for total or partial reconstruction.
M. 
The balancing of costs of disruption to the public and damage to the right-of-way against the benefits to that part of the public served by the expansion into additional parts of the right-of-way.

§ 274-25 Work done without a permit.

A. 
Emergency situations. Each applicant shall immediately notify the DPW of any event regarding its equipment which it considers to be an emergency. The applicant may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency the applicant shall apply for the necessary permits, pay the fees associated therewith and otherwise fully comply with the requirements of this article. If the DPW becomes aware of an emergency regarding an applicant's equipment, the DPW may attempt to contact the local representative of each applicant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to protect the public safety as a result of the emergency, the cost of which shall be borne by whose equipment occasioned the emergency.
B. 
Nonemergency situations. Except in any emergency, any person who, without first having obtained the necessary permit, obstructs or excavates the right-of-way must subsequently obtain a permit and shall, in addition to any penalties prescribed by ordinance, pay double the normal fee for said permit, pay double all the other fees required by this article or other chapters of the City Code, deposit with the DPW the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this article.

§ 274-26 Supplementary notification.

If the work within the right-of-way begins later or ends sooner than the date given on the permit, the permittee shall notify the DPW of the accurate information as soon as this information is known.

§ 274-27 Relocation of equipment.

An applicant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its equipment and facilities in the right-of-way whenever the DPW requests such removal and relocation and shall restore the right-of-way to the same condition it was prior to said removal or relocation. The DPW may make such request to prevent interference by the company's equipment or facilities:
A. 
With a present or future City use of the right-of-way.
B. 
With a public improvement undertaken by the City.
C. 
With an economic development project in which the City has an interest or investment.
D. 
When the public health, safety and welfare require it.
E. 
When necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way.

§ 274-28 Right-of-way vacation.

A. 
Reservation of right. If the City vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant or permittee equipment, the City shall reserve to and for itself and all registrants having equipment in the vacated right-of-way the right to install, maintain and operate any equipment in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.
B. 
Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any right-of-way which has been vacated in favor of a nongovernmental entity unless and until reasonable costs thereof are first paid to the person therefor.

§ 274-29 Indemnification and liability.

A. 
No liability. The City, its officers, boards, committees, commissions, elected officials, employees and agents shall not be liable for any loss or damage to any real or personal property of any person, or for any injury to or death of any person, or any other suit, claim or demand arising out of or in connection with the construction, operation, maintenance, repair or removal of the permittee's equipment or facilities or any such suit, claim or demand arising from the award of the permit or the City's authority related to such a grant.
B. 
Indemnification. The permittee expressly acknowledges and agrees, by acceptance of the permit, to indemnify, defend, and hold harmless the City, its officers, boards, committees, commissions, elected officials, employees and agents from and against all loss or expense (including liability costs and attorneys' fees) by reason of any claim or suit or of liability imposed by law upon the City or its agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the permittee's acts or omissions in the exercise of its rights under this permit, whether caused by or contributed to by the City or its agents or employees.

§ 274-30 Severability.

A. 
If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.
B. 
If a regulatory body or a court of competent jurisdiction should determine by a final, nonappealable order that any permit, right or registration issued under this article or any portion of this article is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate.