Village of Stratford, WI Article II General Regulations

§ 449-4 Removal of rubbish and dirt from sidewalks.

[Amended 1-11-2011]

No owner or occupant shall allow the sidewalk abutting on his premises to be littered with rubbish or dirt. If such owner or occupant shall refuse or fail to remove any such rubbish or dirt when notified to do so by the Village Board or Director of Public Works, the Director of Public Works may cause the same to be done and report the cost thereof to the Village Clerk, who shall spread the cost on the tax roll as a special charge against the premises, pursuant to § 66.0627, Wis. Stats., or such cost may be recovered in an action against the owner or occupant.

§ 449-5 Construction and repair of sidewalks.

[Amended 7-10-2018]

A. Policy.

(1) Purpose.

(a) This policy is intended to establish guidelines for the installation of new sidewalks and the replacement of existing sidewalks in the Village of Stratford and to document the methodology to be used to assess the costs associated with new sidewalk construction to the abutting property owner.

(b) Except as otherwise stated in this policy, it is the goal of the Village to have curb, gutter, and sidewalks on all existing and future streets for the benefit of the health, safety, and welfare of the citizens. Recognizing that neighborhoods change over time, the intent of this policy is to promote safety, sociability, community, connectivity, and equilibrium throughout the Village. The Village of Stratford is committed to being a walkable community.

(2) Procedure.

(a) New sidewalk installation. New sidewalk installation shall be coordinated by the Director of Public Works as directed by the Public Works Committee or Village Board. Locations for new sidewalk that will be installed entirely independent of any street construction work shall generally conform to the Village's Sidewalk Specifications, unless special circumstances exist as determined by the Public Works Committee.

(b) In all cases where new streets with curb and gutter are constructed, or old streets are reconstructed in the Village, public sidewalk shall be installed on both sides of the street, unless the Village Board determines that there is good cause for not installing all or any part of a sidewalk on one or both sides of the street.

(3) Village-owned property. Whenever sidewalks are constructed on a street, all Village-owned parcels contiguous to the project will have sidewalk installed.

(4) New building construction.

(a) In cases where a new building is being built outside of a new subdivision [see Subsection A(5)], installation of sidewalk will be at the discretion of the Village Board or Director of Public Works to remain consistent with the surrounding neighborhood.

(b) When it is determined that a sidewalk is required, it must be installed or repaired prior to an occupancy permit being issued for all new building construction. Structures receiving occupancy permits between November 1 and May 30 of the following year shall be required to have sidewalks installed by the following June 30.

(5) New subdivisions. The subdivider agrees to construct, through a contractor approved by the Village Board or Director of Public Works, and install, at the subdivider's sole expense, all required sidewalks in accordance with the Village's sidewalk standards and specifications. Sidewalks shall be constructed on both sides of each street within the subdivision. All sidewalk construction within the subdivision must be completed as curb and gutter is installed. The subdivider agrees that, upon completion of the sidewalk construction in accordance with this agreement, the subdivider shall formally notify the Village Building Inspector and request an inspection thereof. Upon such notification, the Village Building Inspector shall make an inspection of the completed sidewalk. All sidewalks in the subdivision shall be subject to acceptance of ownership and dedication and to the letter-of-credit provisions.

(6) Design standards.

(a) In accordance with the Village Specifications for Concrete Sidewalks as adopted by the Public Works Department/Village Board, sidewalks shall be constructed of concrete.

[1] Minimum width of sidewalks shall be five feet when adjacent to a terrace area.

[2] Minimum width of sidewalks shall be six feet when adjacent to curb and gutter.

(7) Sidewalk installation.

(a) Sidewalks shall typically be installed on the street right-of-way six inches from the property line. The sidewalk specifications for a particular project may require the removal of trees and landscaping encroachments; however, special effort will be made to save mature trees that are in very good or excellent condition.

(b) Curb ramps shall be installed at intersections and intermediate intervals to allow for safe pedestrian crossing. Curb ramps shall meet one of the WisDOT standard details attached to these specifications.

(c) In situations where building encroachments, significant tree growth, sidewalk alignment within a block would be different from existing walks within said block, or other special circumstances exist, the sidewalk may be installed closer to or further from the property line. Sidewalks shall be installed through driveway sections to provide a uniform walking section and appearance unless waived by the Village Board.

(d) Certain sidewalk projects may require the construction of walls, steps and other improvements.

(e) The Department of Public Works shall be notified and an inspection performed prior to pouring the sidewalk to approve the sidewalk location, grade line and forming.

(f) No established sidewalk may be removed, repaired, or altered without notifying the Director of Public Works and without approval of the Village Board.

(g) Sidewalks shall be constructed in accordance with the specifications adopted by the Village and on file with the Director of Public Works, unless the ordinance or resolution ordering the particular sidewalk construction establishes a different standard therefor.

(h) The Village Board may determine or change the width or grade of any street or sidewalk.

(8) Construction, removal, or repair of sidewalks.

(a) Board may order. The Village Board may determine that sidewalks, curb and gutter and suitable street surface material may be constructed, laid, rebuilt or repaired along or upon any public street, right-of-way or highway within the Village. The Village Board may determine or change the width or grade of any street or sidewalk.

(b) Construction of new sidewalk; removal of sidewalk.

[1] Upon application of the owners of 2/3 of the linear footage abutting a proposed sidewalk or when the Village Board determines that pedestrian safety requires construction of a new sidewalk, the Village Board may determine that new sidewalk shall be constructed.

[2] Construction of new sidewalk shall be done by the Village or by a contractor approved by the Village Board or Director of Public Works.

[3] Abutting property owners shall be assessed 100% of the cost of construction of the new sidewalk. Such costs shall include expenditures for engineering, excavation and fill. All costs of driveway construction and repair, including the costs of driveway approaches, shall be paid by the property owner.

[Amended 4-9-2019]

[4] No person shall remove a sidewalk without permission of the Village Board.

[5] Repair or replacement of defective sidewalk. The Village Board may determine that a sidewalk or portion of a sidewalk needs repair or replacement. In case of such determination, the repair or replacement shall be done by the Village or by a contractor hired by the Village. The costs of repair or replacement shall be paid in the same manner as the costs of construction of new sidewalk.

B. Technical specifications.

(1) Project locations. The project locations for sidewalks and related items shall be as designated by the Village Board, with the right reserved by the Village Board to add thereto or subtract therefrom.

(2) Sidewalk and related items. These specifications shall apply to all sidewalks and related items constructed within the limits of all public lands and public easements in the Village, whether constructed by a property owner, contractor, or others.

(3) ADA requirements. All sidewalks and associated components, such as curb, ramps, detectable warning field, etc., which comprise an accessible route shall comply with all requirements of the Americans with Disabilities Act and current codes addressing these issues. Areas of concern include, but are not limited to, slopes, vertical offsets, horizontal openings (joints, etc.), surface quality and drainage. These requirements apply to new sidewalks and the interface of new sidewalks to existing sidewalks.

(4) Base preparation and grading. Prepare foundation by excavating to the lines, grades and cross section as required. All soft or unstable material shall be removed and replaced with aggregate base course material compacted to a relative field density of 95%, based on the Modified Proctor Density, ASTM D1557. Proof roll subbase to check for unstable areas needing additional compaction. Finish to a true and firm surface.

(5) Materials.

(a) Base. A minimum thickness of four inches of compacted aggregate base course is required under all four-inch sidewalk. A minimum of six inches of compacted aggregate base course is required under all six-inch sidewalk.

(b) Concrete. The concrete used for sidewalks shall conform to State of Wisconsin Standard Specifications, Current Edition for Highway and Structure Construction, Section 501.3.1.3.2, Concrete Grade A-FA, and will meet a compressive strength of 4,000 PSI (28 days).

(c) Detectable warning fields (truncated domes) meeting the requirements of the Americans with Disabilities Act (Title 49 CFR, Transportation, Part 37.9, Standards for Accessible Transportation Facilities, Appendix A, Section 4.29.2, Detectable Warnings on Walking Surfaces) shall be utilized. All truncated domes shall be cast iron similar to those produced by Neenah Foundry unless approved by the Department of Public Works.

(6) Construction.

(a) Sidewalk slopes. Sidewalks shall be constructed in accordance with ADA requirements. The maximum longitudinal slope shall be 20:1 (5%), and the change in slope shall not exceed 9.1:1 (11%). The transverse slope shall not exceed 50:1 (2%).

(b) Horizontal tapers shall be a minimum of 10:1, and clearance from a fixed object (power pole, hydrant, utility pedestal, etc.) shall be no less than one foot.

(c) Sidewalk thickness shall be four inches minimum and six inches at driveways, isolated through the use of expansion joints.

(d) Sidewalks shall slope toward the roadway at one foot vertical per 50 feet horizontal (2%).

(e) All curb ramps and handicap ramps shall be constructed of six-inch concrete. Slope, width and alignment shall comply with plan details and the Americans with Disabilities Act (ADA)/accessibility requirements. The maximum ramp slope shall be 12:1 (8.33%). The cornerstone/landing (sidewalk adjoining curb ramp) shall be constructed of four-inch concrete, with slopes (any direction) not exceeding 50:1 (2.00%). Curb ramps shall be constructed on six inches of base aggregate and include truncated domes as a detectable warning field.

(f) The concrete shall be placed on a moist foundation, deposited to the required depth, and consolidated and spaded sufficiently to bring the mortar to the surface, after which it shall be struck off and finished to a true and even surface.

(g) Joints for sidewalks, including transverse joints, longitudinal joints, contraction joints, expansion joints and joint felts and filler materials, shall conform to the requirements of Section 602.3.2.5 of the State of Wisconsin, Department of Transportation, Standard Specifications, except as modified herein.

[1] Transverse joints shall be spaced at five- or six-foot intervals to match sidewalk width.

[2] Prefabricated expansion joint of 1/2-inch thickness shall be placed where steps or sidewalks abut curbs, pavements, steps, or existing sidewalk. Prefabricated expansion joint of one-inch thickness shall be placed where sidewalk abuts buildings, retaining walls, or other rigid structures. Expansion joints shall be provided on each side of driveways and at uniform intervals of not more than 100 feet.

[3] Extend joint fillers full width and depth of joint and not less than 1/4 inch or more than 1/2 inch below finished surface. Furnish joint fillers in one-piece lengths for the full width being placed, wherever possible. Where more than one length is required, lace or clip joint filler sections together. Trim top edge of filler to conform to profile of concrete.

(h) Concrete sidewalks may be constructed with suitable, approved, slip-form equipment when permitted by the Department of Public Works.

(i) Curing compound shall comply with ASTM C309, Type 2, resin, white pigmented.

(j) Hot weather requirements. Hot weather conditions are deemed to exist when the temperature in the forms is 75° F. or above, or a combination of high air temperature, low relative humidity and wind velocity impair the quality of fresh or hardened concrete; take protective measures for mixing, transporting and placing concrete in accordance with ACI 305R.

(k) Cold weather requirements. "Cold weather" is defined any time when the daily temperature is 40° F. or lower during placement and the protection period. If, at any time during the progress of the work, the temperature drops below 40° F., the contractor shall make suitable provisions to protect the concrete by use of insulation materials such as blankets, mats, etc., and equipment for providing artificial heat.

§ 449-6 Excavations in public ways and grounds.

A. Permit required. No person, partnership 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 alley, public way, public ground, public sidewalk or Village-owned easement within the Village of Stratford without a permit therefor from the Director of Public Works.

B. Application for permit. The application for a permit shall be in writing and signed by the applicant or his agent. The applicant shall submit to the Director of Public Works, at the time the permit is applied for, sufficient information relating to the work to be done, including the general location and nature of the work and the method the applicant proposes to use in doing the work. The Director of Public Works shall determine if sufficient information is submitted.

C. Exception. The provisions of this section shall not apply to Village excavation work done under the direction of the Director of Public Works.

D. Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 449-7G for pavement replacement.

E. Renewal of permit. If operations have begun under an approved permit and will continued beyond the thirty-day validation period, the permittee shall apply for the thirty-day permit renewal by written request to the Director of Public Works and payment of a renewal permit fee as set by the Village Board. Permit renewals shall be issued at the discretion of the Director of Public Works.

F. Village standards; fee for street opening permit.

(1) Village standards. All street work shall be performed in accordance with the current standard specifications for street openings. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

(2) Fee. The fee for a street opening permit shall be as set by the Village Board plus actual Village expenses. Permit fees shall be paid to the Director of Public Works, who shall issue his receipt therefor.

G. Insurance required. A permit shall be issued only upon condition that the applicant submit to the Director of Public Works 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 $1,000,000 per occurrence. The Village reserves the right to require evidence of higher limits of insurance if circumstances warrant. The policy shall name the Village of Stratford as additional insured, unless otherwise approved by the Village Board.

H. 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 Village of Stratford 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 Village Board for a period of two years and that he will pay all fines and forfeitures imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the Village Board and will repair any damage done to existing improvements during the process of the excavation in accordance with the ordinances, rules and regulations of the Village. Such statement shall also guarantee that, if the Village 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 two years.

(2) Faulty work or materials shall be immediately replaced by the permittee upon notice by the Village. Failure to correct deficiencies shall result in a one-year revocation of the right to obtain a street opening permit. The Village shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20% for administration.

(3) 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 Village in an amount determined by the Director of Public Works.

(4) Whenever the Village 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 Director of Public Works 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 Village for the cost of doing the work as set forth in the notice.

(5) An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Village Board as necessary to adequately protect the public and the Village.

§ 449-7 Regulations governing excavations and openings.

A. Frozen ground. No opening in the streets, alleys, sidewalks or public ways shall be permitted between November 15 and May 1 except where it is determined by the Director of Public Works to be an emergency excavation.

B. Protection of public.

(1) Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the Director of Public Works and in accordance with Section VI of the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunset to sunrise. No open flame warning devices shall be used. Except by special permission from the Director of Public Works, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying or left unfilled more than 500 feet from 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 Village in defending any action brought against it for damages, as well as cost 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.

(3) Unless otherwise approved, a minimum of one lane of traffic in each direction shall be maintained. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his project. In the event that traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.

(4) The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Police Department 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Subsection H.

(5) When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection H.

C. Pavement removal.

(1) Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the minimum possible and acceptable for the convenience and safe performance of his work and in accordance with all applicable codes and regulations.

(2) If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within, adjacent or close to an existing patch or require more than one opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Director of Public Works shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.

(3) Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel to the curbline or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel to or at right angles to the direction of travel.

(4) The Director of Public Works may order the permittee to remove and replace up to one full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to ensure a full depth of concrete at the joint.

D. Excavation.

(1) All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted, gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed.

(2) Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.

E. Backfilling.

(1) All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than eight inches in their greatest dimension, frozen lumps or other material which, in the opinion of the Director of Public Works, is unsuitable.

(2) In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the Director of Public Works, hauled in.

(3) Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.

(4) Mechanical compaction shall be used on all materials used for trench backfill. Each layer (twelve-inch maximum) shall be uniformly compacted to a dry density of at least 95% of the maximum dry density as determined by the Modified Proctor Test (ASTM 1557). Compaction or consolidation by flooding shall not be permitted.

(5) All excavations shall be subject to testing by the Village. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.

(6) When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.

F. Notice. It shall be the duty of the permittee to notify the Director of Public Works and all public and private individuals, firms and corporations affected by the work to be done at least one business day before such work is to commence. The Director of Public Works shall also be notified at least four hours prior to backfilling and/or restoring the surface.

G. Pavement replacement.

(1) Backfill material shall be left below the original surface to allow for five inches of three-inch crushed stone and four inches of three-fourths-inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted three-fourths-inch crushed stone.

(2) Bituminous pavement shall be placed the full depth of the existing pavement or three inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one-and-one-half-inch layers with each layer compacted to maximum density and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation No. 3 for the surface course. The finished surface shall be smooth and free of surface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than 1/4 inch as measured with a ten-foot straight edge.

(3) Concrete pavement shall be placed to the full depth of the existing pavement or seven inches, whichever is greater. Concrete used shall not contain calcium chloride. The surface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw cut edge. The surface shall be evenly and completely sealed with a white pigmented curing compound. The surface shall be protected from traffic for a minimum of three days. Tie bars shall be installed as directed by the Department of Public Works.

(4) In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of 3 1/2 inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by not later than the following June 1, except as provided above. Permanent pavements shall be replaced within 60 days of the date of the permit.

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 make 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 and shall notify the Police Department immediately.

I. Excavation in new streets limited. Whenever the Village 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 Village Board, the Director of Public Works shall notify in writing each person, utility 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 Director of Public Works, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone and television cable lines in street terraces.

§ 449-8 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 Subsections B and C.

B. Exceptions. The prohibition of Subsection A shall not apply to the following:

(1) Temporary encroachments or obstructions authorized by permit under § 449-9 of this article pursuant to § 66.0425, Wis. Stats.

(2) Building materials for the period authorized by the Building Inspector which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with the flow in the gutters.

(3) Excavations and openings permitted under §§ 449-6 and 449-7 of this article.

C. Issuance of permit.

(1) The Village Clerk is authorized to issue a permit which allows property owners to place certain fixtures on sidewalks which immediately adjoin their property. In determining if a permit shall be authorized, all of the following requirements must be met:

(a) The property must be located in an area zoned for commercial uses.

(b) The fixture(s) shall not be physically attached to the sidewalk, any street fixture or any adjacent building and shall be of a temporary design.

(c) The placement of the fixture shall not impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than five feet at any point.

(d) The property owner shall provide the Village with proof of liability insurance coverage. The insurance coverage shall be an amount of not less than $100,000 per occurrence, and the policy shall specifically state that it includes coverage for the fixtures located on the Village sidewalks. In addition, the Village shall be identified as a third-party insured.

(e) The property owner whose property adjoins the Village sidewalk shall file the permit application or authorize the occupant of the subject property to file the permit application.

(f) The property owner or the occupant of the subject property shall display the approved permit in the window of the building so that it can be seen from the sidewalk.

(2) Upon reviewing the permit application, if it is determined by the Village Clerk that all of the above requirements have been met, he shall issue the permit. Said permit may be revoked by the Village President, Director of Public Works, Village Clerk, Building Inspector or any Village law enforcement officer ("Village enforcement officials") at any time when one or more of the above requirements are not complied with or if he determines that the placement of the fixture(s) endangers the safety of the pedestrians who utilize the sidewalks.

D. Removal by Village of sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any Village enforcement official determines that a sidewalk is unlawfully obstructed in violation of this section, he shall issue a written notice to the owner or occupant of the premises which adjoins the obstructed sidewalk directing that the obstruction be removed within 24 hours.

E. Removal by Village of obstructions and encroachments located in the Village streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if any Village enforcement official determines that a Village street, alley, public ground or land dedicated for public use is obstructed or encumbered, he shall issue a written notice to the property owner of the premises which adjoins the obstructed public area directing that the obstruction be removed within 24 hours.

F. Failure to remove obstruction.

(1) If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

(2) The failure of the Village Clerk to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the Village expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

§ 449-9 Street privilege permit. [1]

A. When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the Village may be granted to applicants by the Village Clerk for the purpose of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided that such applicant has complied with the other requirements of this section and has obtained a building permit if required by this Code. The Village Clerk shall request advisory recommendations from the Chief of Police, Director of Public Works and Building Inspector prior to issuance of the permit. Village officials may attach conditions to the permit, including proof of liability insurance.

B. Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Village Clerk a bond in an amount determined by the Director of Public Works not exceeding $20,000 conditioned that the applicant will indemnify and save harmless the Village from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the Village resulting from such building operations.

C. Fee. The fee for a street privilege permit shall be in the sum as set by the Village Board, plus any actual Village costs.

D. Conditions of occupancy. The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, or removal of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Director of Public Works, Chief of Police or Building Inspector for violation thereof:

(1) Such temporary obstruction shall cover not more than 1/3 of any street or alley.

(2) Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

(3) Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.

(4) Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.

E. Termination. All street privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the discretion of the Village Clerk.

F. Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk fails to remove such obstruction within 24 hours after such notice from the Director of Public Works, Chief of Police or Building Inspector to do so, it shall be the duty of the Director of Public Works, Chief of Police or Building Inspector to remove such obstruction and make return of the costs and expenses thereof to the Village Clerk, who shall enter such cost on the next annual tax roll as a special charge against the property abutting such obstructed sidewalk, and such sum shall be levied and collected as other special taxes against real estate.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 449-10 Snow and ice removal.

A. Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice within 24 hours from the time the snow ceases to accumulate on said sidewalk. Sidewalks are to be kept clear of snow and ice to a minimum of four feet in width. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand and/or salt to permit safe travel by pedestrians.

B. Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A, Village law enforcement officers shall take the following action:

(1) Hazardous conditions. If a Village law enforcement officer determines that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and ice be removed within two hours from the delivery of the notice. In the event that the property owner, occupant or person in charge of said parcel or lot is unavailable to received a written notice, the police officer shall immediately cause the removal of the snow and/or ice. The police officer shall send a written notice to the last known address of the property owner notifying him that a hazardous condition existed which required immediately abatement.

(2) Nonhazardous conditions. If the owner, occupant or person in charge of the subject parcel or lot fails to remove the snow within the time period established in Subsection A, the police officer shall cause the issuance of a written notice to said owner, occupant or person in charge of the subject parcel or lot directing the responsible person (as defined) to remove said snow and ice no later than 12:00 noon of the day following the issuance of said notice. The written notice shall be hand delivered when possible or mailed to the last known address of the owner of the subject property as identified on the records in the Village Clerk's office.

C. Snow and ice not to encroach. No person shall push, shove or in any way deposit any snow or ice onto any public street, alley, sidewalk or public lands dedicated to public use, except for parcels or lots located where existing buildings are constructed within five feet of the street right-of-way and the sidewalks exist from the Village right-of-way to the curbline. In such instances, the owners, occupants and/or employees of parcels or lots shall be permitted to deposit snow and ice from their sidewalks onto the public streets.

D. Continued violations. Each twenty-four-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.

E. Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection B(1) and (2) after receiving a written notice shall result in the Director of Public Works causing the removal of said snow and/or ice.

F. Expense. An account of the expenses incurred by the Village to abate the snow and/or ice hazard shall be kept, and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the last known address of the owner of the parcel or lot and shall be payable within 10 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as a special tax as provided by § 66.0907(5), Wis. Stats.

G. Penalty. In addition to the provisions set forth in this section, any person, firm or corporation who or which violates the provisions of this section shall be subject to a penalty as provided in § 1-5 of this Code.[1]

[1] Editor's Note: Original Sec. 4-2-7(g), Snow emergency regulations, added 2-12-1991, which immediately followed this subsection, has been moved and included in Ch. 495, Vehicles and Traffic.

§ 449-10.1 Summer sidewalk maintenance.

[Added 6-9-2020]

Summer maintenance of sidewalks shall be the responsibility of property owners abutting the Village sidewalk. Maintenance shall include, but not be limited to:

A. Removal of encroachments, hazards or obstructions such as grasses, weeds and vegetation across the width and length of sidewalk abutting the property. It will also include sod, leaves, branches, sand and rock.

B. Overhanging vegetation, ornaments, decorations, or structures shall not hang below a height of eight feet over the sidewalk grade.

C. No vegetation, structures, ornaments, or decorations shall encroach upon the sidewalk within a vertical line starting at the inner edge of the sidewalk.

D. The Public Works Director may order the removal of grasses, weeds, vegetation and other encroachments, hazards or obstructions. Removal shall be the responsibility of the owner(s) of the abutting property. Property owners shall be given a five-day notice of abatement. If after adequate notification, the abutting property owner(s) fail to remove the encroachments, hazards or obstructions, then the Public Works Director may arrange for a contractor to undertake the removal. The bill for removal shall be provided to the abutting property owner and, if unpaid, a lien may be placed on the abutting property in accordance with § 66.615,[1] Wis. Stats.

[1] Editor's Note: Section 66.615, Wis. Stats., was renumbered as § 66.0907 and amended by 1999 Act 150, §§ 542, 543, effective 1-1-2001.

E. The Public Works Director may order the removal of any tree that may be causing damage to a sidewalk. Trees located on the public right-of-way shall be removed at the expense of the Village of Stratford. Removal of a tree located on private property causing damage to the sidewalk shall be the responsibility of the owner(s) of the abutting property. Property owners shall be given a thirty-day notice of abatement. If after adequate notification to remove a tree causing damage, the abutting property owner(s) fail to remove the tree, then the Public Works Director may arrange for a contractor to undertake the removal. The bill for removal of the tree shall be provided to the abutting property owner and if unpaid a lien may be placed on the abutting property in accordance with § 66.615,[2] Wis. Stats.

[2] Editor's Note: Section 66.615, Wis. Stats., was renumbered as § 66.0907 and amended by 1999 Act 150, §§ 542, 543, effective 1-1-2001.

F. Village's option to abate nuisance. In any case where the owner, occupant or person in charge of the property shall fail to abate the nuisance within the prescribed time, the Village shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.

(1) The Village shall abate the same from the subject property and shall charge the expenses of so doing at a rate as established by resolution by the Village Board. The charges shall be set forth in a statement to the Village Clerk who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the Village Clerk shall enter the charges in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate or as provided under § 66.0907(3)(f), Wis. Stats.

§ 449-11 Terrace areas.

[Amended 1-11-2011]

A. Definition. The definition of "terrace area" shall be as defined in § 466-2 of this Code.

B. Noxious weeds; paving. All that part of the terrace area not covered by a sidewalk shall be kept free and clear of all noxious weeds and shall not be paved, surfaced or covered with any material which shall prevent the growth of plants and shall be maintained as a lawn, except in areas specifically approved by the Village Board or its designee.

C. Responsibility to maintain. Every owner of land in the Village whose land abuts a terrace area is required to maintain, or have maintained by his tenant, the terrace area directly abutting such land as provided in this section and elsewhere in this Code. Every owner shall keep mailboxes located on a terrace area free and clear of snow.

§ 449-12 Vaults.

All vaults and cisterns under sidewalks shall be prohibited.

§ 449-13 Downspouts and eaves of buildings not to drain on sidewalks.

No downspouts from any building shall terminate on or upon, or in such position that the contents of such spout shall be cast upon or flow back or over, any public sidewalk in the Village. When the eaves of a building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in § 1-5 of this Code.

§ 449-14 Sale or display of merchandise; special event vending permit.

A. Street sales prohibited except by permit. No person shall display, sell or offer to sell on any street, sidewalk, alley or other public place within the Village any goods, wares, foodstuffs or anything of value or service of any kind by putting up a booth or stopping a vehicle or person on foot or in any other manner attempting to publicly sell or offer for sale any such articles, unless such person shall have first applied for and obtained a special event vending permit from the Village Clerk. Such permit shall enable holders to conduct their business in all enumerated areas subject to the limitations of this section. A special event vending permit shall be obtained where the vending is done by a participant in a special event and where such vending is an integral part of the event. However, where the vending is to occur in connection with a Village- or area-wide promotion of community trade or festival sponsored or coordinated by an organization, the sponsoring organization shall obtain the special event vending permit as agent for its participating members.

B. Procedure.

(1) Application for a special event vending permit shall be filed with the Village Clerk and shall contain such information as the Village Clerk may require. Permits shall be signed by the Village Clerk and shall be conspicuously displayed at the place where such sales are being made. The permit shall set forth the exact days on which and the exact location where such business shall be carried on and shall be valid only during the dates and at the locations specified. Where a sponsoring organization is the applicant, the applicant shall provide the Village Clerk with a complete list of sponsors and participants at the time of making application.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Upon receipt of an application for a permit, the Village Clerk shall review the information given on the application for conformity with the provisions of this section. If all the applicable requirements are clearly and unambiguously met, in the Village Clerk's opinion, he shall approve the permit or approve it conditionally. If the applicable requirements are not clearly and unambiguously met, in the Village Clerk's opinion, he shall state the matters in doubt in writing to the applicant within three days of the time of making application.

(3) The Village Board shall review appeals of the denial of the application by the Village Clerk and may either deny the permit, approve the permit or approve the permit conditionally. Appeal requests shall be filed with the Village Clerk within seven days of the Clerk's decision.

C. Conditions of permit. In addition to any other conditions imposed by the Village Board, all permittees shall fully comply with the following requirements:[2]

(1) Liability insurance. To hold a valid permit, the vendor may be required to have in force adequate liability insurance. Adequate liability insurance is liability insurance to hold the Village and its employees and agents harmless and to indemnify and defend the Village, its employees and agents against all claims, liability, loss, damage or expense incurred by the Village with adequate liability policy limits on account of any damage caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform this condition of the permit, the applicant shall furnish a certificate of insurance evidencing the existence of comprehensive general liability insurance (including contractual liability insurance with the Village being named as an additional insured). Adequate liability limits means minimum limits of $100,000 per occurrence for bodily injury and minimum limits of $50,000 per occurrence for property damage. The certificate of insurance shall provide 30 days' written notice to the Village upon cancellation or nonrenewal or material change in the policy. Proof of insurance shall be submitted to the Village Clerk a minimum of seven days before the start of the event.

(2) Cooperation with law enforcement officials. To protect the public health and safety, the permittee shall coordinate with the Chief of Police the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the Chief of Police for his review and approval a minimum of seven days before the start of the event.

(3) Cleanup. The permittee shall be fully responsible for all necessary cleanup associated with the permitted event.

(4) Compliance with other regulations. The permittee shall comply with all applicable state and county regulations governing health and sanitation for food-handling establishments, if applicable, and any other applicable Village regulations, including but not limited to regulations pertaining to the issuance of special Class "B" fermented malt beverage licenses.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 449-15 Requests for improvements.

Requests or petitions by Village property owners for new streets, street resurfacing, curb and gutter, storm sewers, utility work and sidewalks shall be presented to the Village Board on or before September 1 to be considered for installation in the following year.

§ 449-16 Raking leaves into streets.

In the interests of public safety, health and general welfare, community appearance and efficiency of operation, it shall be unlawful to rake or place fallen tree leaves or grass clippings onto the pavement or into the gutter of any public street. No person shall permit grass clippings from mower swaths to remain upon sidewalks or on abutting property not owned or occupied by him.

§ 449-17 Unlawful dumping on streets.

It shall be unlawful for any person to deposit or cause to be deposited, dump, sort, scatter or leave any rubbish, stone, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper, snow, ice, dirt, grass, leaves, construction waste, garbage or other offensive or noxious material in any public street, sidewalk, or alley or upon any public property or upon any property of another without the express permission of the owner of occupant thereof.

§ 449-18 Street numbers.

A. Buildings to have street numbers.

(1) All houses and buildings in the Village of Stratford shall be numbered in accordance with the provisions of this section.

(2) The Director of Public Works shall be responsible for the preparation and maintenance of numbering maps, the assigning of numbers to houses and buildings and the distribution of such numbers.

B. Baseline.

(1) Wisconsin State Highway 97 shall constitute the baseline for all streets running in an easterly and westerly direction. Wisconsin State Highway 153 shall constitute the baseline for all streets running in a northerly and southerly direction. The numbering of each street shall begin from the baseline. The numbers in the first block shall be from 100 to 199 and the numbers in each succeeding block shall increase in units of 100. Where blocks are longer than a common Village block or where unusual conditions exist, the numbering shall be arranged in units that will provide logical succession and the same block number approaching an intersecting street as prevails in all other locations at that street.

(2) The south and west sides of the streets shall be numbered with odd numbers, and the north and east sides of the streets shall be numbered with even numbers.

C. Standard number. The standard number shall be black on a white background. The figure shall be 2 1/2 inches high with a stroke of approximately 7/16 inch. The ground shall measure 2 1/2 inches by 3 1/2 inches.

D. Numbers to be displayed.

(1) A standard number shall be placed on every house and building in the Village. Other types of numbers, "nonstandard," may be used in lieu of the standard number defined in Subsection C, provided that the nonstandard number meets the minimum size of the standard number, is of contrasting color against the building's exterior, and is affixed in the location specified herein. Where another type of number is in substantial compliance with the standard number required, such nonstandard number may be used but it shall be deemed that the Director of Public Works of the Village of Stratford shall have the duty to, in his discretion, make final determination as to whether or not substantial compliance exists, which determination shall be final.

[Amended 8-11-2009]

(2) The number shall be placed immediately above or at the side of the main door of the building facing the street upon which it fronts. If the number is not visible from the street in this location, then it shall be placed in such location that it is visible. If no part of the building is visible from the street or if the building is more than 75 feet back from the street line, then the number shall be placed on a gate, post, fence or other appropriate place near the street line that can be easily seen from the street.

[Amended 8-11-2009]

(3) In the case of new buildings, the number, together with the building permit, shall be placed on a temporary post in front of the construction where it is visible from the street. When the building is completed, the number shall be moved to the permanent location specified above.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Village sale of numbers. The Director of Public Works shall maintain a supply of standard house numbers and frames in his office. They shall be available for sale during regular office hours at actual cost of the materials plus 10% for freight and handling.

F. Compliance. The Director of Public Works shall serve by certified mail a notice upon the owner or occupant of any building which is found not to comply with this section. If, after 10 days from service of this notice, the building still does not comply, the owner or occupant shall be deemed to be in violation of this Code, and each day's continuance thereof shall constitute a separate offense.

§ 449-19 Obstruction of public ditches.

No person shall in any manner obstruct or cause to be obstructed the free passage of water in any public gutter, ditch, culvert, swale or drain or place or cause to be placed any rubbish, dirt, sand, gravel or any other matter or thing so that the same is likely to be carried by the elements into any public gutter, ditch, culvert, swale or drain.

§ 449-20 Curb and gutter.

A. Special assessments and charges.

(1) Initial installation. Whenever curb and gutter are initially installed in the Village of Stratford and the installation and the determination of benefit to the abutting property owner are made in conformity with Chapter 13, Assessments and Charges, of this Code and in conformity with Wisconsin Statutes applicable to special assessments, the benefited property owner shall pay 85% of such special assessment and the Village 15%, including engineering costs.

(2) Second and future installation. The cost of any installation or repair of curb and gutter in the Village of Stratford, other than the initial installation as set forth above, shall be borne by the Village of Stratford and no special assessment shall be made against the benefited property, provided that such future installation or repair was specifically authorized by the Village Board of the Village of Stratford.

B. Alternative methods.

(1) Petition. Any taxpayer and property owner in the Village may petition the Village for the installation of curb and gutter abutting property owned by said petitioner in said Village.

(a) Requirements of petition. The petition for the installation of curb and gutter shall state that the petitioner(s) requests curb and gutter abutting property owned by said petitioner, describing said property and stating what type is requested, and further said petition shall state that each petitioner individually shall be responsible and liable for and thereby obligates himself to pay the total costs of installation of said curb and gutter, to include surveying and other contingent expenses.

(b) Effect of petition. In the event that a petition for the installation of curb and gutter is presented to the Village Board, the Board shall have the exclusive discretion to accept or reject the same. The Board may refer said petition or may table it, but in any event it shall act upon the same in some manner within six months of receipt of said petition.

(2) Resolution of intent. In the event that the Village should desire to construct curb and gutter in any area of the Village, the Village Board may adopt a resolution of intent to install said curb and gutter and assess the costs thereof to the abutting property owners as provided in § 66.0703, Wis. Stats.

C. Types of curb and gutter. All curbs and gutters shall conform to the construction standards adopted by the Village Board on file with the Village Clerk.