[Amended 4-23-2018]
The Department of Public Works shall determine and record the
grades of all streets and alleys in the Village of Rothschild, and
such grades shall be kept on file in the office of the Department
of Public Works.
[Amended 6-8-1970; 5-24-1999; 12-18-2000; 4-23-2018]
A. Construction.
(1) Permit required; private jobs.
(a)
No person, persons, firm, corporation or association shall construct, lay or rebuild any sidewalk on any public street, avenue, lane, alley or square within said Village without first obtaining an excavation permit pursuant to Village Code §
470-2B from the Village of Rothschild.
(b)
Any person, persons, firm, corporation or association contracting
with the Village of Rothschild to construct, lay or rebuild any sidewalks
within the Village of Rothschild shall provide a certificate of liability
insurance in an amount to be determined by the Village Board, so as
to save harmless the Village of Rothschild from all damages caused
by negligence in performing the contract.
(c)
Any owner of lands lying within the Village of Rothschild may
install the sidewalk abutting his premises or may contract to have
said sidewalk installed after first obtaining a permit as required
by this Section. Any owner laying a sidewalk abutting his own property
must stamp in plain letters the words "private job" and designate
the year.
(2) Construction and ongoing maintenance costs. The Village shall pay
the building costs for sidewalks that are constructed. Thereafter,
the Village and the abutting landowner shall each be responsible for
50% of any further costs related to said sidewalk.
(3) Authority of Village Board. The Board may from time to time by resolution
establish the width, determine the material, and prescribe the method
of construction of standard sidewalks and the standard so fixed may
be different for different streets.
(4) Unless otherwise stated by the Village Board, such as in a resolution adopted pursuant to Village Code §
470-3A(3), by default all sidewalks constructed or reconstructed after the effective date of this Section shall comply with the following requirements:
(a)
All sidewalks shall be of a concrete composition as approved
by the Village Department of Public Works.
(b)
Concrete sidewalks shall be not less than four inches thick,
and where a part of a driveway shall be not less than six inches thick,
and over at least six inches of crushed aggregate base course or other
material as approved by the Village.
(c)
Concrete sidewalks shall be cut or creased in five-foot squares
with edges rounded.
(d)
All construction of sidewalks shall be in a workmanlike manner.
B. Repair of sidewalks.
(1) Sidewalks laid by Village. All sidewalks laid by the Village shall
be kept in good repair with both the Village and the abutting landowner
each responsible for 50% of any such costs.
(2) Sidewalks laid by private persons. Any person or persons laying a private sidewalk within the street lines as heretofore mentioned will keep the same in repair, and upon failure to do so the same will be repaired and charged to the property holder, as hereinafter provided in Subsection
C.
(3) Contractor to perform satisfactory work. The contractor must construct
the sidewalk in such manner that no settlements, cracks or any other
defects due to bad material or faulty workmanship shall appear therein
for a period of three years from and after its completion. In the
event of the failure of the walk to conform to this requirement, the
contractor must promptly repair it, and if necessary entirely reconstruct
it, according to any order that may be given by the Village of Rothschild
in that behalf.
(4) Trees to be preserved. Trees shall not be injured, cut down, or otherwise
disturbed, except by permission of the Village of Rothschild. Small
roots within the foundation shall be cut away, and large roots shall
be covered with earthenware half pipes. When cement walks are built
up to the curb, either at crosswalks or in front of private property,
a one-inch expansion joint shall be placed between the curb and the
walk for expansion.
C. Compulsory repair of sidewalks.
(1) Village Board may order. The Village Board may order any sidewalk
which is unsafe, defective or insufficient to be repaired or removed
and replaced with a sidewalk in accordance with the standard fixed
by the Board.
(2) Notice to property owner. A copy of the ordinance, resolution or
order directing such laying, removal, replacement or repair shall
be served upon the owner of each lot or parcel of land in front of
which such work shall have been ordered by the Village Board by personally
delivering the same to the owner or his agent and, in case the owner
or his agent cannot be found in the Village, by publishing in the
official newspaper.
(3) Default of owner. Whenever any such owner shall neglect for a period
of 20 days after such service to lay, remove, replace or repair any
such sidewalk, the Village may cause such work to be done at the expense
of such owner. All work for the construction of sidewalks shall be
let pursuant to §§ 61.54 and 62.15, Wis. Stats.
(4) Minor repairs. When the cost of repairs of any sidewalk in front
of any lot or parcel of land shall not exceed the sum of $100, the
Village may immediately repair such sidewalk, without notice or letting
the work by contract, and charge the cost thereof to the owner of
such lot or parcel of land, in the manner provided in this Section.
(5) Work which has been ordered by the Village shall be charged 50% (1/2)
to the owner, with the Village paying the remaining cost. The Village
shall keep an accurate account of the expenses of the work being done,
by contract or otherwise, and report the same to the Clerk, and the
amount therein charged to each lot or parcel of land shall be entered
in the tax roll as a special charge against said lot or parcel of
land. The Board may provide that the Village Administrator of Public
Works shall perform the duties imposed by this Section on the Village
Board.
D. Driveways over sidewalk; construction.
(1) Written permit required. No person, firm or corporation shall excavate, open, remove or cut into any public sidewalk or part or portion of any public sidewalk or curb situated within the confines of or beyond the lot lines of any street in the Village of Rothschild for the purpose of creating a driveway over said sidewalk without first obtaining an excavation permit pursuant to Village Code §
470-2B.
E. Gas and air pumps in sidewalks prohibited. No person shall install
any filling pipe for the purpose of supplying motor vehicles with
gasoline or other fuel or any pipe for supplying the same with air
in any public sidewalk in the Village of Rothschild. Any such pipe
now installed in any sidewalk in said Village shall be subject to
removal on notice of the Village Board.
F. Where required.
(1) Definitions for purposes of this Subsection:
RURAL
The remainder of the Village not designated as urban/suburban,
wherein municipal streets are typically characterized by open, graded
drainage or ditches and an impervious surface bounded by shoulders
on the outside edges.
URBAN/SUBURBAN
A designated section of the Village wherein municipal streets
are typically characterized by having a possible terrace, and an impervious
surface bounded by curb and gutter on the outside edges, but including
where there may be a sidewalk on one side and a swale on the other.
(2) The Village Board shall designate areas of the Village as urban/suburban
for purposes of sidewalks. The Department of Public Works shall either
maintain a specific map of these designations, or it may include and
maintain these designations on an official map adopted pursuant to
§ 62.23(6), Wis. Stats., a zoning map adopted pursuant to
§ 62.23(7), Wis. Stats., or a comprehensive planning map
adopted pursuant to § 66.1001, Wis. Stats.
(3) In an area designated as urban/suburban, there shall be constructed
or reconstructed at the appropriate time and thereafter maintained
sidewalks on both sides of the street.
(a)
Subsection
F(3) notwithstanding, the Village Board may instead choose to require only one sidewalk if due to the presence of extraordinary issues of natural topography, either: the cost of a sidewalk on one side of a street is projected to cost at least 50% more than the sidewalk on the other side of the street; or, if the cost of two sidewalks together is projected to exceed 20% of the overall cost of the improvement being made.
(4) In the remaining rural areas, the Village Board may require a sidewalk
on one side of the street, or it may choose to not require any sidewalks.
(5) All sidewalks shall be constructed or reconstructed fully across
any lot where built, such that no sidewalk terminus shall exist at
any place but at a lot line, unless a unique situation exists to prevent
that.
G. Developer's agreements. The requirements of this Section notwithstanding,
if the Village and a developer enter into a developer's agreement,
then to the extent that such developer's agreement explicitly differs
from the requirements as set forth in this Section, such developer's
agreement shall control.
[Added 8-8-1977 (Sec. 7.035 of the 1967 Code); amended 4-23-2018]
A. Driveway aprons required. Where the street is designated as urban/suburban pursuant to Village Code §
470-3F, concrete driveway aprons shall be required. Where the street is designated as rural pursuant to Village Code §
470-3F, asphalt driveway aprons shall be required.
B. Where sidewalk not already installed. If a street is not improved
with concrete sidewalks and a concrete driveway apron is installed,
the owner may install concrete, bituminous paving, brick, interlocking
brick blocks or other similar improvements for driveway purposes on
the public road right-of-way from the edge of the concrete driveway
apron. If such improvements are subsequently installed, the owner
shall be responsible for removing all improved driveway surfacing
to the lot line, except concrete which meets sidewalk specifications.
C. Costs. Section 86.05, Wis. Stats., and as from time to time amended,
is hereby incorporated into this Code by reference as if fully set
forth herein, to provide as follows: whenever it is necessary, in
making any highway improvement to cut or fill or otherwise grade the
highway in front of any entrance to abutting premises, a suitable
entrance to the premises shall be constructed as a part of the improvements
at the expense of the Village; and if the premises are divided by
the highway, then one such entrance shall be constructed on each side
of the highway. Thereafter each entrance shall be maintained by the
owner of the premises. During the time the highway is under construction,
the state, county, city, Village or town shall not be responsible
for any damage that may be sustained through the absence of an entrance
to any such premises. For purposes of this Section, "highways" includes
all public ways and thoroughfares and all bridges upon the same.
[Amended 8-25-2008; 4-23-2018]
Any person who shall violate any of the provisions of this Chapter shall be subject to §
1-2 of this Code.