[Adopted 1-2-1991 as Title 4, Chs. 3 and 4 of the 1991
Code]
A.
Permit required.
(1)
No person, partnership, utility or corporation, or
his or its agents or employees or contractors, shall make or cause
to be made any opening or excavation in any public street, public
road, public alley, public way, public ground, public sidewalk or
Town-owned easement or fill or alter any culvert or construct or install
additions or extensions to his or its existing facilities within the
Town of Cedarburg without a permit therefor from the Town Director
of Public Works.
[Amended 10-4-2006 by Ord. No. 2006-11]
(2)
The utility or contractor shall submit to the Town a written request for a utility construction/street excavation permit and a plan of the proposed alteration, extension or addition, showing its location and details of construction, including specified depth, method of excavation, open cut or augering, provisions of restoration and whatever the Town would deem necessary for review and consideration. In being issued a permit, the utility or contractor agrees to be bound by the regulations of this section and § 279-2.
B.
Fee. The fee amount for an excavation or opening permit
shall be determined by resolution of the Town Board and set forth
in the Town schedule of fees. The fee shall be paid at the time of
application.
[Amended 10-4-2006 by Ord. No. 2006-11]
C.
Insurance required. A permit shall be issued only
upon condition that the applicant submit to the Town Administrator
satisfactory written evidence that the applicant has in force and
will maintain during the time the permit is in effect public liability
insurance of not less than $100,000 per one person and $300,000 for
one accident and property damage coverage of not less than $50,000.
The Town shall be listed as a third party insured on the policy.
D.
Bond.
(1)
Before a permit for excavating or opening any street
or public way may be issued, the applicant must sign a statement that
he will indemnify and save harmless the Town of Cedarburg and its
officers from all liability for accidents and damage caused by any
of the work covered by his permit, and that he will fill up and place
in good and safe condition all excavations and openings made in the
street and will replace and restore the pavement over any opening
he may make as near as can be to the state and condition in which
he found it and keep and maintain the same in such condition, normal
wear and tear excepted, to the satisfaction of the Town Board for
a period of two years, and that he will pay all fines imposed upon
him for any violation of any rule, regulation or ordinance governing
street openings or drainlaying adopted by the Town Board and will
repair any damage done to existing improvements during the progress
of the excavation in accordance with the ordinances, rules and regulations
of the Town. Such statement shall also guarantee that if the Town
shall elect to make the street repair, the person opening the street
will pay all costs of making such repair and of maintaining the same
for one year.
(2)
The person who does such restoration shall be responsible
therefor for two years from the date of the completion of the work
and shall file a written guarantee or surety bond to that effect with
the Town in the amount directed by the Town Board.
(3)
Whenever the Town Board shall find that any such work
has become defective within two years of the date of completion, it
shall give written notice thereof to the contractor or to his surety
stating the defect, the work to be done, the cost thereof and the
period of time deemed by the Town Board to be reasonably necessary
to complete said work. After receipt of such notice, the contractor
or the surety must, within the time specified, repair the defect or
indemnify the Town for the cost of doing the work as set forth in
the notice.
B.
Removal of paving. In any opening or excavation, all
paving or ballasting materials shall be removed with the least possible
loss of or injury to surfacing materials and together with the excavated
materials from the opening shall be placed so as to cause the least
practicable inconvenience to the public and permit free flow of water.
C.
Protection of public.
(1)
Every opening and excavation shall be enclosed with
sufficient barriers. Sufficient warning lights shall be kept on from
sunset to sunrise. Such lights shall be spaced so as to give adequate
warning of the existence of the opening and of piled excavated materials.
No open flame warning pots shall be used. Except by special permission
from the Town, no trench shall be excavated more than 250 feet in
advance of pipe or conduit laying nor left unfilled more than 500
feet where pipe or conduit has been laid.
(2)
All necessary precautions shall be taken to guard
the public effectively from accidents or damage to persons or property
through the period of the work. Each person making such opening shall
be held liable for all damages, including costs incurred by the Town
in defending any action brought against it for damages, as well as
costs of any appeal, that may result from the neglect by such person
or his employees of any necessary precaution against injury or damage
to persons, vehicles or property of any kind.
D.
Replacing street surface. In opening any public street,
public alley, public sidewalk, public way, public easement or public
ground, the paving materials, sand, gravel and earth or other material
moved or penetrated and all surface monuments or hubs must be removed
and replaced as nearly as possible in their original condition or
position and in the same relation to the remainder as before. All
excavated material shall be replaced with approved backfill material.
All excavated material and rubbish shall be immediately removed. In
refilling the opening, a sand-water slurry, thoroughly mixed by mechanical
means, shall be used to backfill the excavation to within 14 inches
of the street surface. The remainder of the excavation shall be filled
with 10 inches of compacted three-fourths-inch traffic bond crushed
limestone topped with four inches of asphaltic concrete pavement of
a type specified by the Town Director of Public Works. When the sides
of the trench will not stand perpendicular, sheathing and braces must
be used to prevent caving. No timber, bracing, lagging, sheathing
or other lumber shall be left in any trench. The Town may elect to
have the opening for any street or sidewalk repaired by the Town,
in which case the cost of making such repair and of maintaining it
for one year shall be charged to the person making the street opening.[2]
E.
Notice. It shall be the duty of the permittee to notify
the Town Administrator, Cedarburg Fire Department, Ozaukee County
Sheriff's Department and all private individuals, firms and corporations
affected by the work to be done at least 24 hours before such work
is to commence. The Administrator shall also be notified at least
four hours prior to backfilling and/or restoring the surface.[3]
F.
Validity of permit. Unless the work shall be commenced
within 30 days of the issuance of the permit, the permit shall be
void and a new permit must be obtained and an additional fee charged.
The Town may extend the time limitation for good cause. The utility
or contractor shall have present at the site of construction and during
the restoration period a copy of the construction plans and Town permit.
G.
Backfilling. It shall be the duty of the permittee
to backfill the opening with sand-water slurry, thoroughly mixed by
mechanical means, immediately upon completion of the work and to place
at least 10 inches of compacted three-fourths-inch traffic bond crushed
limestone and four inches of asphaltic concrete pavement of a type
specified by the Town Director of Public Works. It shall be the duty
of the permittee to warranty the opening repair for a period of two
years after the completion of the work. If the surface repair is found
to be defective, it shall be restored within a period of 10 days from
notification of the permittee or such longer period as determined
by the Town. If the restoration of the defective repair is not completed
in the specified time, the Town may restore the surface and bill the
permittee therefor.[4]
H.
Emergency excavation. In the event of an emergency,
any person, firm or corporation owning or controlling any sewer, gas
main, water main, conduit or other utility in or under any public
street, alley, easement, way or ground and his agents and employees
may take immediate proper emergency measures to remedy dangerous conditions
for the protection of property, life, health or safety without obtaining
an excavation permit, provided that such person, firm or corporation
shall apply for an excavation permit not later than the next business
day.
I.
Excavation in new streets limited. Whenever the Town
Board determines to provide for the permanent improvement or repaving
of any street, such determination shall be made not less than 30 days
before the work of improvement or repaving shall begin. Immediately
after such determination by the Town Board, the Town shall notify
in writing each person, utility, Town department or other agency owning
or controlling any sewer, water main, conduit or other utility in
or under said street or any real property abutting said street that
all such excavation work in such street must be completed within 30
days. After such permanent improvement or repaving, no permit shall
be issued to open or excavate said street for a period of five years
after the date of improvement or repaving unless, in the opinion of
the Town Board, an emergency exists which makes it absolutely essential
that the permit be issued.
A.
Obstruction of intersections. No person shall maintain,
plant or permit to remain on any private or public premises situated
at the intersection of two or more roads, streets or alleys in the
Town any hedge, tree, shrub or other growth or object which may obstruct
the view of the operator of any motor vehicle or pedestrian approaching
such intersection. (See § 10-1-90).
B.
Obstruction of signs. It is unlawful for any person
to plant, cause to grow, allow to grow or maintain any trees, bushes,
shrubbery or vegetation of any kind which is an obstruction to the
clear and complete vision of any traffic sign in the Town. It shall
be the duty of every owner of such tree, brush, shrubbery or vegetation
to remove such obstruction.
C.
Abatement procedure. Any shrub, tree or other plant
which obstructs the view at an intersection or the view of a traffic
sign shall be deemed to be dangerous to public travel, and the Town
Administrator shall notify the property owner in writing, describing
the conditions, stating the steps necessary to correct the conditions,
and establishing a reasonable time within which the corrective steps
shall be taken. In the event that effective steps are not taken within
the time specified, it shall be lawful for the Town to abate these
conditions to the extent necessary to assure compliance with the foregoing
requirements, and the costs thereof may be assessed to the owner.[1]
D.
Trees on and adjacent to highway. If any tree falls
from adjacent land into any highway, the owner or occupant of the
land shall immediately remove the tree from the highway. It shall
be the duty of every highway patrolman, street commissioner or other
officer in charge of the maintenance of streets or highways to remove
from any highway any fallen tree or trees therein.
E.
Cutting or injuring trees on highway. No person shall
cut down, break, girdle, bruise the bark or in any other manner injure
any public or private trees, shrubs or hedges growing within the highway,
except as the owner thereof or the public authority maintaining the
highway may cut down, trim and remove trees, shrubs and hedges for
the purpose of and conducive to the benefit and improvement of the
owner's land or the highway facility. When it is necessary for trees
in a road right-of-way to be removed, the adjacent property owner
shall have a right of first refusal to have the wood.
A.
No person shall, without the consent of the owner
in the case of a private tree or shrub or without written permit from
the Town Board in the case of a public tree or shrub, do or cause
to be done by others any of the following acts:
(1)
Secure, fasten or run any rope, wire sign, unprotected
electrical installation or other device or material to, around or
through a tree or shrub.
(2)
Break, injure, mutilate, deface, kill or destroy any
tree or shrub or permit any fire to burn where it will injure any
tree or shrub.
(3)
Permit any toxic chemical, gas, smoke, oil or other
injurious substance to seep, drain or be emptied upon or about any
tree or shrub, or place cement or other solid substance around the
base of the same.
(4)
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.
(5)
Attach any sign, poster, notice and other object on
any tree, or fasten any guy wire, cable, rope, nails, screws or other
device to any tree, except that the Town may tie temporary "No Parking"
signs to trees when necessary in conjunction with street improvement
work, tree maintenance work or parades.
(6)
Cause or encourage any fire or burning near or around
any tree.
B.
All trees on any parkway or other publicly owned property
near any excavation or construction of any building, structure or
street work shall be sufficiently warded and protected by those responsible
for such work as to prevent any injury to said trees.
It shall be unlawful for any person to throw
or deposit any weeds, sod, brush, cans, glass, gravel, stones, boulders,
dirt, machinery, garbage or other waste or rubbish in or on the right-of-way
of any highway located in the Town of Cedarburg.
[Amended 3-3-1999 by Ord. No. 1999-5; 11-18-2004 by Ord. No.
2004-14; 10-4-2006 by Ord. No. 2006-11]
A.
Driveways and culverts required. No person, partnership,
company or corporation shall, by means of a vehicle, enter or cause
to enter any parcel or parcels of land from any Town road or highway,
unless a culvert and gravel driveway have been provided for said parcel(s)
of land, unless deemed unnecessary by the Town Director of Public
Works.
B.
Driveway/culvert permit required. No person shall,
in the right-of-way, construct, repair or reconstruct any driveway
or install any culvert without having first obtained a permit from
the Town, the fee for which shall be determined by resolution of the
Town Board, as set forth in the Town schedule of fees. Such permit
shall be issued in a timely manner upon a form provided by the Town.
Applications for a permit should be made at least three business days
in advance of the intended installation. The Town shall not issue
driveway permits for private easements that provide access to landlocked
parcels.
C.
Installation requirements. All driveways installed,
altered, changed, replaced, or extended shall meet the following requirements
and must be approved as to location by the Town.
(1)
Openings for vehicular ingress and egress shall be:
(a)
For residential properties, a minimum of 10
feet at the lot line and a maximum of 25 feet at the roadway.
(b)
For agricultural properties, a minimum of 18
feet at the lot line and a maximum of 35 feet at the roadway.
(c)
For commercial properties, a minimum of 35 feet
at the lot line and a maximum of 50 feet at the roadway.
(d)
Unsurfaced access driveways, a maximum of 12
feet at the roadway with only vegetated surfaces allowed.
(2)
No driveway shall be closer than 75 feet to an intersection
of two streets as measured from the intersection of the right-of-way
lines. At street intersections, a driveway shall not provide direct
ingress or egress to or from the street intersection area and shall
not occupy areas of the roadway deemed necessary by the Town for effective
traffic control or for highway signs or signals.
(3)
No part of any driveway or culvert installation shall
be located closer than six feet to any lot line or extension thereof.
(4)
Islands between driveway openings shall be provided
with a minimum of 12 feet between all driveway culverts.
(5)
No driveway apron shall extend out into the street
farther than the near edge of the Town road pavement, and under no
circumstances shall such driveway apron extend above any road pavement
surface. All driveway entrances and approaches shall be so constructed
as not to interfere with the drainage of streets, side ditches or
roadside areas or with any existing structure on the right-of-way.
The driveway surface shall slope away from the roadway pavement at
a slope matching the adjacent shoulder or a minimum of 0.02 foot per
foot.
(6)
Driveways shall in all cases be placed wherever possible
as to not interfere with utilities in place. Any costs of relocating
utilities shall be the responsibility of the property owner. Approval
of the Town is necessary for relocating utilities.
(7)
Driveway pavement materials within the Town right-of-way
shall be compatible with adjacent Town pavement material, limiting
it to crushed gravel, crushed rock and asphaltic concrete products.
Concrete pavements shall end a minimum of 10 feet from the Town road
pavement. Oil or petroleum products shall not be used in right-of-way
areas where they can be tracked onto and affect the Town roadway.
The bottom course of the driveway may be constructed of large-size
crushed stones or rock, except along that part adjacent to the culvert
pipe, and the upper course, at least, shall consist of medium well-graded
crushed gravel or fine-to-medium well-graded crushed rock. In no case
shall the granular material or subsequent permanent surfacing be constructed
higher than the adjacent highway pavement.
(8)
The maximum number of driveway openings for vehicular
ingress and egress permitted for lots with a continuous road frontage
equal to or greater than 150 feet shall be two if the driveways do
not meet an arterial road as defined by the Comprehensive Land Use
Plan. The maximum number of driveway openings for vehicular ingress
and egress permitted for lots with a continuous road frontage equal
to or less than 150 feet shall be one. Parcels bordering on more than
one nonarterial road may have one improved driveway opening on each
road. For all new driveway culvert permits issued after May 9, 2008,
the portion of the driveway within the adjacent road right-of-way
shall be paved in asphalt within one year of occupancy. The portion
of the driveway(s) outside of the right-of-way may be improved or
unimproved. Agricultural parcels upon which actual agricultural activities
are practiced may average one unimproved driveway opening per field.
Road frontage is measured as the continuous length along the right-of-way
of a single road.
[Amended 5-7-2008 by Ord.
No. 2008-12]
(9)
All culverts shall be 15 inches in diameter or larger
as specified by the Town and as follows:
(a)
Maximum length shall be 30 feet for residential.
(b)
Maximum length shall be 50 feet for others or
as approved by the Town Director of Public Works.
(c)
Minimum length shall be 20 feet.
(d)
Maximum length for unsurfaced access culverts
shall be 12 feet.
(e)
Distance between culvert ends is 12 feet or
as approved by the Town Director of Public Works.
D.
Shared driveway. No person, firm, company, or corporation
shall construct or permit to be constructed within the Town any driveway
arranged or planned to serve more than one parcel of land used for
residential, agricultural or commercial purposes unless approval shall
first be obtained from the Town, following approval of the plans (location,
width, maintenance, utilities and general plans) for such driveway
by the Town Board. A shared driveway may serve a maximum of seven
parcels. Parcels with adequate road frontage may have access to the
shared driveway. A shared driveway that provides access to a lot shall
be no less than 12 feet wide and is required to have a turnout at
least every 250 feet for vehicle access and passage. All officially
approved shared driveway agreements shall run with the land and shall
be recorded in the Ozaukee County Register of Deeds.
[Amended 9-5-2007 by Ord. No. 2007-10; 5-7-2008 by Ord. No. 2008-12]
A.
Permit required. No person, persons, partnership,
company or corporation shall erect or install any structure, sign,
fence, lighting, wall, pavement or other vehicle access nor perform
or arrange for any construction within or upon the Town highway right-of-way
without first obtaining a written permit from the Town, with the exception
of a mailbox and boxes installed for the delivery of newspapers.
[Amended 10-4-2006 by Ord. No. 2006-11]
B.
Mailboxes. Mailboxes shall be installed in accordance
with United States Postal Service regulations, except as provided
herein. For any new development that has all lots abutting a public
highway, mailboxes shall not be clustered (two or more mailboxes per
post), and only one mailbox per lot is permitted. For said type of
development, mailboxes shall be installed within six feet from the
edge of the approach side (or, if exiting the driveway, on the left
side) of the driveway for each lot to minimize the safety risk of
residents walking in the Town right-of-way. Mailbox supports and attachments
shall be strong enough to withstand the pressure and thrust of plowed,
wet snow but shall not be so formidable and massive as to damage vehicles
and cause serious injury to people who may accidentally strike them.
[Amended 10-1-2008 by Ord. No. 2008-19; 2-4-2009 by Ord. No. 2009-5; 3-3-2010 by Ord. No. 2010-7]
C.
Existing structures and obstructions. Any existing
structure, sign, fence, wall, pavement or other obstruction (including
trees) which, in the judgment of the Town, will prevent proper snow
removal from the pavement and shoulders or mowing of the ditches of
the Town highway shall be removed by the owner or occupant of the
adjacent property within 15 days of receiving written notice from
the Town. If the owner or occupant does not remove said structure
or obstruction within the allotted time, the Town shall remove it
or make arrangements to have the obstruction removed and the expense
of removal shall be charged to the adjacent property as a special
assessment, after notice and hearing.
Any person, persons, partnerships, company or corporation who or which violates any provision in § 279-6 or 279-7 shall pay, when a permit fee is required, double the specified fee and shall remove, alter or correct the installation as ordered by the Town. If the owner or occupant does not correct the installation as ordered by the Town within the allotted time, the correcting of the installation shall be done by the Town and the expense thereof shall be charged to the property as a special assessment, after notice and hearing.
The permittee shall assume all responsibility
for any injury or damage to persons or property resulting directly
or indirectly during construction or repair of driveway approaches
or entrances. The new construction shall be of acceptable material
and provided in a neat, workmanlike manner. Driveway surfaces shall
connect with the street pavement and sidewalk in a neat, workmanlike
manner.
