[HISTORY: Adopted by the Village Board of
the Village of Waterford as Chapter 8 of the 1998 Code. Amendments
noted where applicable.]
[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No.
489]
A.
Establishment. The grades of all streets, alleys and sidewalks shall be established and described by the Village Engineer, and records thereof shall be kept by the Department of Public Works and/or the Village Engineer. No street, alley or sidewalk shall be worked until the grade thereof is established, and once established, the entire width of the right-of-way shall be graded to accommodate the sidewalk requirements set forth in § 235-21 of this Municipal Code.
B.
Altering grade prohibited. No person shall alter the
grade of any street, alley, sidewalk or public grounds or any part
thereof once the same is approved and established by the Village (whether
by ordinance or otherwise), unless authorized or instructed to do
so by the Village.
[Amended 8-12-2002 by Ord. No. 426]
A.
Wis. Stat. § 66.0907 is adopted in its entirety to govern the circumstances of sidewalk construction and repair. In addition, the initial construction of a sidewalk may be required as part of zoning approval and/or land division pursuant to Chapter 235, Subdivision of Land, and Chapter 245, Zoning, of this Municipal Code.
B.
Construction and repairs.
(1)
Initial construction. In every event where a sidewalk
is initially constructed, the cost of construction and all related
costs thereto shall be borne by the abutting property owner.
(2)
Repair or replacement. The Village shall notify a
property owner of the required repair or replacement of a sidewalk
pursuant to the notice requirements of Wis. Stat. § 66.0907.
(a)
Except as provided in Subsection B(2)(b), in every instance where an existing public sidewalk is repaired or replaced, the Village and the abutting property owner shall each be liable for 50% of the cost thereof.
(b)
If a tree located on private property heaves
an existing sidewalk, the property owner shall be liable for the entire
cost of the sidewalk repair or replacement upon notification by the
Village; however, if the property owner removes the offending tree
and grinds the stump at his or her own expense, the Village will bear
50% of the cost of the sidewalk repair or replacement. If a tree located
on a Village treelawn or other public right-of-way heaves the sidewalk,
the Village shall be liable for the entire cost of the removal of
the offending tree and the repair or replacement of the sidewalk;
and the property owner may plant an approved-variety, replacement
public tree in the treelawn upon the grant of a permit therefor (at
no charge) by the Village Forester.
C.
Costs. The Village shall determine the costs of laying,
removing, repairing and replacing sidewalks, inclusive of engineering,
legal and other collateral costs, and shall pay those costs or charge
them to the property owner(s) pursuant to this section and Wis. Stat.
§ 66.0907.
[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No.
489; 4-23-2007 by Ord. No. 511]
A.
General provisions.
(1)
Purpose and findings.
(a)
Purpose.
[1]
In the exercise of governmental functions the
Village has priority over all other uses of the public rights-of-way.
The Village desires to anticipate and minimize the number of obstructions
and excavations taking place therein and to regulate the placement
of facilities in the rights-of-way to ensure that the rights-of-way
remain available for public services and safe for public use. The
taxpayers of the Village bear the financial burden for the upkeep
of the rights-of-way and a primary cause for the early and excessive
deterioration of its rights-of-way is the frequent excavation by persons
who locate facilities therein.
[2]
The purpose of this section is to provide the
Village a legal framework within which to regulate and manage the
public rights-of-way, and to provide for recovery of the costs incurred
in doing so. This section provides for the health, safety and welfare
of the residents of the Village as they use the rights-of-way of the
Village, as well as to ensure the structural integrity of the public
rights-of-way.
(b)
Findings.
[1]
The Village finds increased use of the public
rights-of-way and increased costs to the taxpayers of the Village
and that these costs are likely to continue into the foreseeable future.
[2]
The Village finds that occupancy and excavation
of its rights-of-way causes costs to be borne by the Village and its
taxpayers, including, but not limited to:
[a]
Administrative costs associated with public
right-of-way projects, such as permitting, inspection and supervision,
supplies and materials.
[b]
Management costs associated with ongoing management
activities necessitated by public right-of-way users.
[c]
Repair or restoration costs to the roadway associated
with the actual excavation into the public right-of-way.
[d]
Depreciation caused to the roadway in terms
of decreased useful life, due to excavations into the public rights-of-way.
(2)
In response to the foregoing facts, pursuant to Wis.
Stat. §§ 61.34, 61.36, 196.58, and any other statute
granting the Village the power to manage and control its rights-of-way
and the utilities operating in the Village, the Village hereby enacts
this section of the Code, relating to administration of and permits
to excavate, obstruct and/or occupy the public rights-of-way. This
section imposes reasonable regulations on the placement and maintenance
of equipment currently within its rights-of-way or to be placed therein
at some future time. It is intended to complement the regulatory roles
of state and federal agencies.
B.
APPLICANT
DEPARTMENT
EMERGENCY
ENGINEER
EXCAVATE
FACILITIES
IN
LOCAL REPRESENTATIVE
OBSTRUCT
PERMITTEE
PERSON
PUBLIC UTILITY
RESTORE or RESTORATION
RIGHT-OF-WAY
VILLAGE
Definitions. The following definitions apply in this
section. References hereafter to "sections" are, unless otherwise
specified, references to subsections in this section. Defined terms
remain defined terms whether or not capitalized.
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
The Department of Public Works of the Village of Waterford.
A condition that:
The Village Engineer or his/her designee.
To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
All equipment owned, operated, leased or subleased in connection
with the operation of a service or utility service, and shall include
but is not limited to poles, wires, pipes, cables, cabinets, boxes,
underground conduits, ducts, manholes, vaults, fiber optic cables,
lines, and other structures and appurtenances.
When used in conjunction with "right-of-way," means over,
above, within, on or under a right-of-way.
A local person or persons, or designee of such person or
persons, authorized by an applicant or permittee to accept service
and to make decisions for that applicant or permittee regarding all
matters within the scope of this chapter.
To place any object in a right-of-way so as to hinder free
and open passage over that or any part of the right-of-way.
Any person to whom a permit to occupy, excavate or obstruct a right-of-way has been granted by the Village under Chapter 191 of this Code.
Corporation, company, association, firm, partnership, limited-liability
company, limited-liability partnership and individuals and their lessors,
transferees, assignees and receivers.
Has the meaning provided in Wis. Stat. § 196.01(5).
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed, per the
Standard Specifications for Public Works Construction and Department
specifications.
The surface and space above and below an improved or unimproved
public roadway, highway, street, bicycle lane and public sidewalk
in which the Village has an interest, including other dedicated rights-of-way
for travel purposes.
The Village of Waterford, Wisconsin, a Wisconsin municipal
corporation.
C.
Administration. The Director of Public Works and the
Village Administrator, or their designees, are responsible for the
administration of the rights-of-way, and the permits and ordinances
related thereto.
(1)
Requirements for right-of-way occupancy.
(a)
Each person who has, or seeks to have, facilities
located in any right-of-way shall meet the requirements set forth
herein.
(b)
No person may construct, install, maintain,
repair, remove, relocate or perform any other work on, or use any
equipment or any part thereof in, any right-of-way unless that person
meets the requirements set forth herein.
(c)
Nothing herein shall be construed to repeal or amend the provisions of a Village ordinance requiring persons to plant or maintain the tree lawn in the area of the right-of-way between their property and the street curb or pavement or other similar activities. Persons performing such activities shall not be required to obtain any permits under this chapter. See also Chapter 211 for permit requirements for street trees.
(2)
Reporting obligations. It is in the best interests
of all affected parties to attempt to coordinate construction in the
public right-of-way whenever it is reasonably possible. Therefore,
periodic reporting by persons intending to work in the right-of-way
of known construction plans will be useful to achieve this objective.
(a)
Every person intending to work in the right-of
way shall, no later than January 1 of each year, file a construction
and major maintenance plan with the Department. The Department shall
make available at the time of such filing, and on January 15 of each
year, the Department's construction and major maintenance plan. The
person's plan and the Department's plan shall be submitted on a form
prescribed by the Department and shall contain the information determined
by the Department to be necessary to facilitate the coordination and
reduction in the frequency of excavations of rights-of-way. The plan
shall include, but shall not be limited to, the following information:
(b)
By February 15 of each year, the Department
will have available for inspection in its office a composite list
of all projects of which the Department has been informed in the annual
plans. All persons are responsible for keeping themselves informed
of the current status of this list.
(c)
Thereafter, by February 1, each person may change
any project in its list and must notify the Department of all such
changes in said list. The Department will make all such changes available
for inspection in its office. Notwithstanding the foregoing, a person
may at any time join in a project of another person listed by the
other person or undertake any maintenance or construction project
not listed in person's plan.
D.
Permit to excavate and/or place facilities in right-of-way required.
[Amended 5-8-2017 by Ord.
No. 652]
(1)
Right-of-way permit required. Except as otherwise provided in this
chapter or other chapters of the Code of the Village of Waterford,
no person shall excavate or place any facilities in any right-of-way
without first having obtained a right-of-way permit from the Department.
A copy of any permit issued under this chapter shall be made available
at all times by the permittee at the indicated work site and shall
be available for inspection by the Department upon request.
(2)
Right-of-way permit application. Application for a permit shall be
made to the Department. Permit applications shall contain, and will
be considered complete only upon compliance with the requirements
of, the following provisions:
(a)
Applicant information. The information provided to the Department
at the time of application shall include, but not be limited to:
[1]
Each applicant's name, Diggers Hotline registration certificate
number, address and e-mail address, if applicable, and telephone and
facsimile numbers. If the applicant intends to hire a contractor,
the name and contact information for the contractor shall be provided,
but the applicant shall be liable for the requirements herein.
[2]
The name, address and e-mail address, if applicable, and telephone
and facsimile numbers of a local representative. The local representative
or designee shall be available at all times. Current information regarding
how to contact the local representative in an emergency shall be provided
at the time of application.
[3]
A certificate of insurance approved by the Village Administrator,
naming the Village of Waterford as an additional insured, and/or a
cash or performance bond, in an amount determined by the Village Engineer
and/or the Director of Public Works, if the Department has reasonable
grounds to question the financial responsibility or compliance ability
of the applicant.
[4]
Execution of an indemnification agreement in a form prescribed
by the Department.
[5]
If the applicant regularly performs work in the Village rights-of-way, the applicant may provide the information required in Subsection D(2)(a)[1] through [4] herein annually, provided that the applicant shall be liable to keep said information up-to-date and shall notify the Department within 10 calendar days following the date on which the applicant has knowledge of any change. If applicable, the applicant's insurer shall be required to notify the Village 30 days prior to a cancellation or reduction of coverage or limits.
(b)
Submission of a completed permit application form, including
all required attachments, and scaled drawings showing the location
and area of the proposed project and the location of all existing
and proposed facilities that are part of applicant's proposed
project, whether above or below the ground.
(c)
(d)
The Department shall not deny an applicant a right-of-way permit because of a dispute between the Village and the applicant, related to Subsection D(2)(c)[2] or [3] if:
(3)
Right-of-way permit fee. The right-of-way permit fee shall be established
by the Village Board in an amount sufficient to recover the costs
incurred by the Village. This fee shall recover administrative and
inspection costs. Payment of said fees shall be collected prior to
issuance of the permit. However, the Village Administrator may, with
the advice and consent of the Treasurer, establish a fee collection
process from governmental agencies and private utilities in order
to expedite the permitting system and recognize that certain excavations
or occupancies are deemed emergencies.
(4)
Waiving of fees. Fees shall not be waived unless the work involved
is a direct result of the Department's demand that facilities
owned by a utility be removed or relocated or unless waived by the
Finance Committee on appeal.
(5)
For those permit applications which provide for a substantial undertaking
of excavation or occupancy within the public right-of-way attended
by disruption of the general public and traffic, the Department is
authorized to assess the actual cost of the Village employee's
time engaged in the review and inspection of the anticipated work
multiplied by a factor determined by the respective department to
represent the Village's cost for statutory expense, benefits,
insurance, sick leave, holidays, vacation and similar benefits, overhead
and supervision, said factor not to exceed 2.0, plus the cost of mileage
reimbursed to Village employees which is attributed to the work, plus
all consultant fees associated with the work at the invoiced amount
plus 10% for administration.
(6)
Village exemption. The Village and its contractors shall not pay
permit fees for excavations or occupancies due to general government
functions.
(7)
Permit fees paid for a permit that the Department has revoked are
not refundable.
E.
Right-of-way work; locating wires; restoration.
(1)
Working in the right-of-way.
(a)
Frozen ground. No openings shall be permitted
when the ground is frozen in any Village street, sidewalk or parking
area between November 15 and April 1 except where necessary or in
an emergency as determined by the Director of Public Works.
(b)
Removal of paving. In opening any street or
other public way, all paving or ballasting materials shall be saw
cut and removed with the least possible loss of or injury to surfacing
materials and, together with the excavated material from trenches,
shall be placed so as to cause the least practicable inconvenience
to the public and permit free flow of water along gutters. All pavement
shall be straightedge or saw cut in a straight line, on all sides
of the opening to a minimum depth of two inches.
(c)
State and county trunk highways. Notwithstanding
any other provision to the contrary, state and county trunk highway
crossings to install services, laterals, etc., shall be effected through
auguring, jacking or tunneling as opposed to making an opening in
the highway itself. The applicant shall also obtain the necessary
permits from the respective highway commissioners.
(d)
Protection of public. Every permittee shall
enclose with sufficient barriers each opening which he/she may make
in the rights-of-way of the Village. All machinery and equipment shall
be locked or otherwise effectively safeguarded from unauthorized use
when not being used by the permittee, his/her agents or employees.
Amber lights shall be placed at each end of the opening and in other
locations necessary to give adequate warning to the traveling public.
Except by special permission from the Director of Public Works, no
trench shall be excavated more than 250 feet in advance of pipe laying
nor left unfilled for more than 500 feet where pipe has been laid.
All necessary precautions shall be taken to guard the public effectually
from accidents or damage to persons or property through the period
of the work.
(e)
Restoring street surface. In making any opening,
the paving materials, sand, gravel and earth or other material moved
or penetrated and all surface monuments or hubs shall be removed and
replaced as nearly as possible to their original condition or position
and the same relation to the remainder as before. Any excavated material
which, in the opinion of the Director of Public Works, is not suitable
for refilling shall be replaced with approved backfill material. When
the sides of the trench will not stand perpendicular, sheathing and
braces shall be used to prevent caving. All trench backfilling under
pavement, driveways, shoulders and sidewalk shall be of thoroughly
compacted granular backfill. All rubbish shall be immediately removed.
In refilling the opening, the granular material shall be puddled or
laid in layers not more than six inches deep and in each layer rammed,
tamped or flushed to prevent caving. No timber, bracking, lagging,
sheathing or other lumber shall be left in any trench. All street
openings shall have at least eight inches of compacted crushed road
gravel placed on the top of the opening and shall have the original
surface restored to the same type and thickness.
(f)
Backfilling trenches. All trenches shall be backfilled within 24 hours after being opened, unless otherwise permitted by the Department, and the surface shall be restored within 72 hours after being opened. The Department reserves the option to complete restoration of any excavation if the above-mentioned time limits are exceeded, assessing any cost thereof pursuant to Subsection E(5).
(g)
Tree lawns. Tree lawns shall be restored with
sod or seed.
(2)
Locating wire required. Any person installing a nonconductive
main or lateral shall also install a locating wire for marking the
location of the main or lateral, as follows:
(a)
If the main to which the main or lateral is
being connected contains a locating wire, the person shall connect
one end of the locating wire for the main or lateral to the existing
wire located on the stub or the main.
(b)
If the main to which the main or lateral is
being connected does not contain a locating wire, the person shall
attach the locating wire for the main or lateral to its junction with
the stub or main.
(c)
The person shall continue the installation of
the locating wire for the full length of the main installed, and from
the lateral to point where the lateral enters the structure. The person
shall continue to run the locating wire vertically up the outside
of the structure, from the location where the lateral entered the
structure, and shall encase the uppermost four feet (or more) of the
vertical portion of the locating wire in a one-inch Schedule 80 PVC
conduit, with cap, which shall be accessible and uniform. The conduit
shall extend at least four inches above the final grade, and shall
hold at least one foot of excess wire. There shall be no plantings
at the site that would damage the conduit or locating wire, or prevent
the detection of the location of the locating wire.
(3)
The permittee shall be required to restore the public
right-of-way in accordance with the Standard Specifications for Public
Works Construction and Department specifications, subject to inspection
and acceptance by the Village Engineer. In addition to restoring its
own work, the permittee must restore the general area of the work,
and the surrounding areas, including the paving and its foundations,
to the Standard Specifications for Public Works Construction and the
specifications of the Department. The Village Engineer shall inspect
the area of the work and accept the work when it determines that proper
restoration has been made, per the Standard Specifications for Public
Works Construction and the specifications of the Department. The permittee
shall not be required to restore the right-of-way or the general area
surrounding the work to a condition which improves the pre-excavation
condition.
(4)
Guarantees. The permittee shall guarantee its work
and shall maintain it for 12 months following its completion. During
this period it shall, upon notification from the Department, correct
all work to the extent necessary, using the method required by the
Department or the Village Engineer. Said work shall be completed within
10 calendar days of the receipt of the notice from the Department,
not including days during which work cannot be done because of circumstances
constituting force majeure.
(5)
Failure to restore. If the permittee fails to restore
the right-of-way in the manner and to the condition required by the
Village Engineer or the Department, or fails to satisfactorily and
timely complete all work required by the Department, the Village,
at its option, may do such work. In that event the permittee shall
pay to the Village, within 30 days of billing, the cost of restoring
the right-of-way.
F.
Inspection; as-built drawings.
(1)
Notice of completion. When the work under any permit
hereunder is begun and completed, the permittee shall notify the Department.
Upon completion, the permittee shall submit as-built drawings to the
Village if required by the Department of Public Works.
(2)
Site inspection. The permittee shall make the work
site available to the Village Engineer and the Department and to all
others as authorized by law for inspection at all reasonable times
during the execution of and upon completion of the work.
(3)
Authority of Department. At the time of inspection, the Village may order the immediate cessation of any work which poses a threat to the life, health, safety or wellbeing of the public. The Village may issue an order to the applicant or permittee for any work that does not conform to the applicable Village standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the applicant or permittee shall present proof to the Department that the violation has been corrected. If such proof has not been presented within the required time, the Department may revoke the permit pursuant to Subsection I.
G.
Ongoing management fees. The cost of trimming trees
or maintaining landscaping around facilities is an ongoing cost to
the Village. The specific cost will be determined, and a fee to offset
those costs may be assessed in the future.
H.
Compliance with other laws. Obtaining a permit to
excavate and/or occupy the right-of-way does not relieve the permittee
of its duty to obtain all other necessary permits, licenses, and authority
and to pay all fees required by any other Village, county, state,
or federal rules, laws or regulations. A permittee shall comply with
all requirements of local, state and federal laws. A permittee shall
perform all work in conformance with all applicable codes and established
rules and regulations, and is responsible for all work done in the
right-of-way pursuant to its permit, regardless of who does the work.
If an applicant is required to obtain a franchise or enter into an
agreement pursuant to any other section of this Code, it shall do
so prior to making application hereunder.
I.
Revocations, suspensions, refusals to issue or extend
permits.
(1)
The Department may refuse to issue a permit or may
revoke, suspend or refuse to extend an existing permit if it finds
any of the following grounds:
(a)
The applicant has not submitted the required
application materials;
(b)
Issuance of a permit for the requested date
would interfere with an exhibition, celebration, festival or other
event;
(c)
Misrepresentation of any fact by the applicant
or permittee;
(d)
Failure of the applicant or permittee to maintain
required bonds and/or insurance;
(e)
Failure of the applicant or permittee to complete
work in a timely manner;
(f)
The proposed activity is contrary to the public
health, safety or welfare;
(g)
The extent to which right-of-way space where
the permit is sought is available;
(h)
The competing demands for the particular space
in the right-of-way.
(i)
The availability of other locations in the right-of-way
or in other rights-of-way for the facilities of the permittee or applicant;
(j)
The applicability of ordinances or other regulations
of the right-of-way that affect location of facilities in the right-of-way;
(2)
Discretionary issuance. The Department may issue a
permit where issuance is necessary:
(a)
To prevent substantial economic hardship to
a customer of the permittee or applicant; or
(b)
To allow such customer to materially improve
its utility service; or
(c)
To allow the permittee or applicant to comply
with state or federal law or Village ordinance or an order of a court
or administrative agency.
(3)
Appeals. Any person aggrieved by a decision of the
Department revoking, suspending, refusing to issue or refusing to
extend a permit may file a request for review with the Public Works
and Utilities Committee. A request for review shall be filed within
10 days of the decision being appealed. Following a hearing, the Public
Works and Utilities Committee may affirm, reverse or modify the decision
of the Department. A decision of the Public Works and Utilities Committee
may be appealed to the Village Board.
[Amended 5-9-2011 by Ord. No. 574]
J.
Work done without a permit.
(1)
Emergency situations.
(a)
Each person shall immediately notify the Village,
by verbal notice on an emergency phone number provided by the Village,
of any event regarding its facilities that it considers to be an emergency.
The person may proceed to take whatever actions are necessary to respond
to the emergency. Within two business days after the occurrence of
the emergency, the person shall apply for the necessary permits, pay
the fees associated therewith and otherwise fully comply with the
requirements of this chapter.
(b)
If the Village becomes aware of any emergency
regarding a person's facilities, the Department may attempt to contact
the local representative of each person affected, or potentially affected,
by the emergency. The Village may take whatever action it deems necessary
to protect the public safety as a result of the emergency, the cost
of which shall be borne by the person whose facilities occasioned
the emergency.
(2)
Nonemergency situations. Except in an emergency, any
person who, without first having obtained the necessary permit, excavates
a right-of-way must subsequently obtain a permit, and shall, in addition
to any penalties prescribed by ordinance, pay double the normal fee
for said permit, pay double all the other fees required by this chapter
or other chapters of the Code of the Village of Waterford, deposit
with the Department the fees necessary to correct any damage to the
right-of-way and comply with all of the requirements of this chapter.
K.
Location of facilities.
[Amended 5-8-2017 by Ord.
No. 652]
(1)
Placement.
(a)
Unless in conflict with state or federal law, except when existing
aboveground facilities are used, the installation of new facilities
and replacement of old facilities shall be done underground or contained
within buildings or other structures in conformity with applicable
codes.
(b)
All aboveground structures, poles, cabinets or boxes shall be precisely indicated on the plans submitted pursuant to Subsection D(2)(b), including the size and appearance thereof.
[1]
The Department may require alternative placement of said structures,
poles, cabinets or boxes as part of the permitting process if it determines
that the planned placement interferes with public safety, health or
welfare. In addition:
[a]
No aboveground structure, pole, cabinet or box
may be placed in a vision clearance triangle or other area where a
driver's line of sight may be obstructed.
[b]
No structure, pole, cabinet or box may be placed
in a location that would interfere with the provision of municipal
police or fire services.
[c]
Rigid nonbreakaway utility structures shall be
located a minimum of 10 feet from roadway curbs or shoulders and behind
existing or future sidewalks.
[d]
Additional restrictions for poles and structures
over 60 feet in height. No pole or structure over 60 feet in height
may be placed in the right-of-way within a zoning district that allows
residential uses or within 500 feet of such a district. A pole or
structure over 60 feet in height may only be placed in a location
where there is a clear fall zone of any building that would reasonably
be expected to have people inside or underneath. An application for
a permit for a pole or structure over 60 feet in height shall include:
[i]
An analysis of alternate existing sites in the right-of-way
or elsewhere in or near the Village that shows no suitable alternate
site is available and that no ground-based distribution system, or
newer technology, is possible.
[ii]
A roadside hazard analysis that shows that the placement of
the structure does not exceed the risk of placing a structure 60 feet
or less in height in the same location.
[iii]
An ice shedding and ice throw risk assessment inclusive of mitigation
measures that will be used.
[iv]
A plan for the replacement of any nonnuisance tree or other
vegetation that must be removed to accommodate the pole or structure
and its associated equipment.
[v]
An erosion control plan for use when an excavation site or ground
disturbance is not restored within 24 hours.
[vi]
Proof of compliance with the Wisconsin Manual on Uniform Traffic
Control Devices.
[vii]
Proof that the weight of any equipment placed on a structure
will not compromise its structural integrity, and proof that said
equipment will not interfere with existing equipment located in the
vicinity.
[viii]
An environmental analysis at each pole or structure
location.
[2]
Cabinets and boxes should not be placed in the right-of-way.
If allowed in the right-of-way, cabinets and boxes, along with all
other aboveground facilities, shall be located as close to the right-of-way
line as practical.
[3]
The Department may also reasonably require screening of structures,
cabinets or boxes if it determines that the public welfare is harmed
by the potential diminution of property values in the area because
of the appearance of said structures, cabinets or boxes.
[4]
No aboveground facility, pole, structure, cabinet or box may
interfere with the use of the adjacent property without the written
authorization of the property owner.
(c)
All underground facilities shall be precisely indicated on the plans submitted pursuant to Subsection D(2)(b). The Department may require alternative placement of said facilities as part of the permitting process if it determines that said facilities interfere with the public safety, health or welfare. No underground facility may interfere with the use of the adjacent property.
(2)
Limitation of space. The Department may prohibit or limit the placement
of new or additional facilities within the right-of-way if there is
insufficient space to accommodate all of the requests of persons to
occupy and use the right-of-way. In making such decisions, the Department
shall strive, to the extent possible, to accommodate all existing
and potential users of the right-of-way but may prohibit or limit
the placement of new or additional facilities when required to protect
the public health, safety or welfare. Basic required municipal uses,
such as sewer, water and storm sewer mains and laterals, shall be
given priority in furtherance of such protection of the public health,
safety and welfare.
(3)
Attachment to bridges. Whenever an applicant or permittee under this
section requests permission to attach pipes, conduits, cables or wires
to any Village bridge structure, upon the granting of such permission,
the applicant shall pay the actual cost to the Village of the administrative
and engineering expense in the analysis and inspection of such installation.
The owner of such pipes, conduits, cables or wires shall be entitled
to no compensation for removal or relocation of the same in the case
of repair, removal, or replacement of said bridge structure by the
Village.
L.
Relocation of facilities.
(1)
Permanent relocation.
(a)
A person must, promptly and at its own expense,
permanently remove and relocate its facilities in the right-of-way
whenever the Village, acting in its governmental capacity for the
health, safety or public welfare, requests such removal and relocation.
If requested, the person shall restore the right-of-way.
(b)
Notwithstanding Subsection L(1)(a), a person shall not be required to remove or relocate its facilities from any right-of-way which has been vacated in favor of a nongovernmental entity unless and until the person gives written consent to the vacation, or the person fails to use the easements and rights for a period of four years from the date of the vacation, or the reasonable costs of the relocation are first paid to the person therefor, pursuant to Wis. Stat. § 66.1005.
(c)
A person must, promptly and at its own expense, permanently relocate its facilities in the public right-of-way if the placement or location of the facilities interferes with an adjacent property's connection to a required utility. A required utility is municipal water service (see § 223-15), municipal sewer service (see § 223-19), and municipal stormwater service (see Chapter 250). The Village mandates connection to said required utilities for the health, safety and welfare of the public, and such connection shall not be considered to be substantially for the benefit of any person other than the Village.
(d)
A person must, promptly and at its own expense,
permanently relocate its facilities in the public right-of-way if
the right-of-way is being widened or altered for the public health,
safety or welfare and the location of the facilities interferes with
such widening or alteration.
(2)
Temporary relocation.
(a)
A person must, promptly and at its own expense,
temporarily protect, change or relocate its facilities in the right-of-way
whenever the Village, acting in its governmental capacity for the
health, safety or public welfare, requests such protection, change
or relocation. If requested, the person shall restore the right-of-way.
(b)
A person must, promptly and at its own expense, temporarily protect, change or relocate its facilities in the public right-of-way if the placement or location of the facilities interferes with an adjacent property's connection to a required utility. A required utility is municipal water service (see § 223-15), municipal sewer service (see § 223-19), and municipal stormwater service (see Chapter 250). The Village mandates connection to said required utilities for the health, safety and welfare of the public, and such connection shall not be considered to be substantially for the benefit of any person other than the Village.
M.
Interference with other facilities during municipal
construction.
(1)
When the Village performs work in the right-of-way
and finds it necessary to maintain, support, shore, or move a person's
facilities, the Village shall notify the local representative. The
person or its representative shall meet with the Village's representative
within 24 hours and coordinate the protection, maintenance, supporting
and/or shoring of the person's facilities. The person shall accomplish
the needed work within 72 hours, unless the Village agrees to a longer
period.
(2)
In the event that the person does not proceed to maintain,
support, shore or move its facilities, the Village may arrange to
do the work and bill the person, said bill to be paid within 30 days.
N.
Discontinued operations; abandoned facilities.
(1)
Discontinued operations.
(a)
A person who has determined to discontinue its
operations in the Village must either:
[1]
Provide information satisfactory to the Department
that the person's obligations for its facilities under this chapter
have been lawfully assumed by another person; or
[2]
Submit to the Department a proposal and instruments
for dedication of its facilities to the Village. If a person proceeds
under this clause, the Village may, but shall not be required to:
[a]
Accept the dedication for all or a portion of
the facilities; or
[b]
Require the person, at its own expense, to remove
the facilities in the right-of-way at ground level or above ground
level; or
[c]
Require the person to post a bond or provide
payment sufficient to reimburse the Village for reasonably anticipated
costs to be incurred in removing the facilities.
(b)
However, any person who has unusable and abandoned
facilities in any right-of-way shall remove them from that right-of-way
within two years, unless the Department waives this requirement.
(2)
Abandoned facilities. Facilities of a person who fails to comply with Subsection N(1), and which, for two years, remain unused, shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, but shall not be required to:
O.
Reservation of regulatory and police powers. The Village,
by the granting of a permit to excavate, obstruct and/or occupy the
right-of-way under this chapter, does not surrender or in any extent
lose, waive, impair, or lessen the lawful powers and rights which
it has now or may be hereafter granted to the Village under the Constitution
and statutes of the State of Wisconsin to regulate the use of the
right-of-way by the permittee; and the permittee, by its acceptance
of a permit to excavate, obstruct and/or occupy the right-of-way under
this chapter, agrees that all lawful powers and rights, regulatory
powers, or police power, or otherwise as are or the same may be from
time to time vested in or reserved to the Village, shall be in full
force and effect and subject to the regulatory and police powers of
the Village to adopt and enforce general ordinances necessary to the
safety and welfare of the public and is deemed to agree to comply
with all applicable general law and ordinances enacted by the Village
pursuant to such powers.
P.
Severability. If any section, subsection, sentence,
clause, phrase, or portion of this section is for any reason held
invalid or unconstitutional by any court or administrative agency
of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not affect
the validity of the remaining portions thereof.
Q.
Penalty. Any person who violates this section or fails
to comply with the provisions of this section shall be subject to
a forfeiture of not less than $120 nor more than $600. Each day such
violation or failure to comply continues shall be considered a separate
offense.
A.
Prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use or any part thereof or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.
B.
Exceptions. Subsection A shall not apply to the following:
(1)
Signs and clocks with valid sign permits attached
to buildings which project not more than six feet from the face of
such building and which do not extend at any point lower than 10 feet
above the sidewalk, street or alley.
[Amended 1-23-2006 by Ord. No. 489]
(2)
Awnings which do not extend at any point lower than
seven feet above the sidewalk, street or alley.
(3)
Public utility encroachments authorized by the Village.
(4)
Goods, wares, merchandise or fixtures being loaded
or unloaded which do not extend more than three feet on a sidewalk,
provided such articles do not remain thereon for more than three hours.
(5)
Building materials, when placed upon the street, alley
or sidewalk upon conditions prescribed by the Department of Public
Works, which may require such materials to be protected by barricades
or appropriate lights.
[Amended 1-23-2006 by Ord. No. 489]
(6)
Mailboxes. Mailboxes may be located in the Village of Waterford's
right-of-way if they are installed per the USPS Residential Mailbox
Standards and conform to the following standards. No permit is required.
All mailboxes placed in the right-of-way are placed there at the owner's
risk.
[Added 12-13-2010 by Ord. No. 563]
(a)
Standards.
[1]
The front of the box must be set back a minimum of eight inches
from the back of curb, or, in locations where there is no curb, a
minimum of eight inches from the existing graveled shoulder of the
road. The mailbox door when opened shall not extend past the back
of the curb or graveled shoulder of the road.
[2]
The support shall be a wood post, steel pipe, or steel channel
installed no more than 24 inches in the ground and extending to a
vertical height such that the bottom of the mailbox is a minimum of
42 inches but not to exceed a maximum of 48 inches above the road
surface. The support shall be one of the following dimensions:
[3]
The support shall not be set in concrete, nor is a base plate
acceptable. Anti-twist flanges may be installed on the pipe or channel
supports but shall not be imbedded more than 10 inches into the ground.
[4]
Attachment. The box-to-post attachment shall be sufficient to
prevent the separation of the box from the support post when struck.
[5]
Multiple mailboxes. No more than two mailboxes may be mounted
on one post. For a multiple installation, support posts must be spaced
a minimum longitudinal distance apart which is equal to three-quarters
of the height of the posts in the installation. For example, in an
installation where posts are four feet above ground, they should be
spaced three feet apart. The Director of Public Works may approve
the design and installation of clusters or groups of mailboxes that
vary from this requirement at his or her discretion.
[6]
No mailbox shall be placed within 10 feet of a fire hydrant.
[7]
The Department of Public Works will maintain a supply of standard
drawings of approved mailbox installations.
(b)
Damage. Any claim of damage from snow removal operations will
be investigated by Department of Public Works Staff. In the event
that a mailbox that is installed in accordance with this section is
actually hit and damaged by Village-owned snow-removal equipment and
cannot be repaired, the owner may make a claim to the Director of
Public Works, who shall proceed according to Village policy. The Village
is not liable for any damage to mailboxes caused by snow and ice being
pushed off the roadway by Village equipment.
(c)
Owner's responsibility to remove snow. Since plows cannot
plow directly up to the edge of a mailbox, it is the property owner's
responsibility to keep snow and ice cleared up to the curb in front
of their mailbox to enable the Postal Service to have unobstructed
access to the mailbox so that carriers can safely and efficiently
deliver the mail. Failure to keep this area clear of snow and ice
may result in an interruption of mail service.
(d)
Limits. Newspaper tubes may be attached to the mailbox post.
No other object of any kind shall be attached to the mailbox, newspaper
tube or their supports. No other objects, including but not limited
to landscaping boulders or fences, may be placed on the right-of-way.
(e)
This section is not intended to and shall not be construed to
create any affirmative duty on the part of the Village of Waterford
to locate and remove obstructing mailboxes.
(7)
Sidewalk seating and decorative displays. Notwithstanding any other
provision of this Municipal Code, the Village wishes to allow the
operation of sidewalk seating, dining, and outdoor displays to provide
for increased activity, revitalization, and business opportunities.
Sidewalk seating, dining, and outdoor displays are subject to the
standards set forth in this section, which are developed to ensure
the health, safety and welfare of the public with the least imposition
on pedestrians, vehicular movement, and business patrons and proprietors.
No person shall allow sidewalk seating and/or installation of a decorative
display on sidewalks unless said seating or decorative display is
in conformance with a permit issued pursuant to this section.
[Added 11-26-2012 by Ord. No. 595]
(a)
DECORATIVE DISPLAY
SIDEWALK
SIDEWALK SEATING AREA and/or DECORATIVE DISPLAY AREA
Definitions. The following words, terms and phrases when used
in this section shall have the meanings given in this section, except
where the context clearly indicates a different meaning.
A display designed for the entertainment or cultural enrichment
of the public and has no direct or indirect sales or advertising content.
That portion of a highway between the curblines, or the lateral
lines of a roadway, and the adjacent property lines, constructed for
use by pedestrians. It does not include any portion of a multiuse
pathway.
The area designated in the permit and includes any tables,
chairs, benches, barriers or partitions, trash containers, and decorative
displays maintained upon any part of the sidewalk in the permit area.
(b)
Permit required.
[Amended 12-27-2016 by Ord. No. 647]
[1]
Except as set forth in Subsection B(7)(b)[2], no person or business shall maintain a sidewalk seating or decorative display area unless a permit for the area has been issued under this section. A seasonal permit is required for sidewalk seating and/or decorative displays and shall be issued by the Director of Public Works or the Director’s designee. In making the determination whether to issue a permit, the Director of Public Works or the Director’s designee shall, on a case-by-case basis, take into consideration public safety, size of the sidewalk seating or decorative display area, location with respect to residential uses and neighborhood conditions, noise, and security.
[2]
No permit, application fee, or proof of insurance is required for displays of vegetation placed next to a building’s facade, providing that there is compliance with all pertinent restrictions in Subsections B(7)(e), Location; B(7)(h)[1][a], Sidewalk Clearance; B(7)(h)[1][b], Proximity to Street; B(7)(h)[1][d], Ingress and Egress; and the following regulations:
[a]
The rear edges of flowerpots or planters must be placed no further
than six inches away from the building wall and may not extend more
than a total of 18 inches from the wall.
[b]
Flowerpots and planters must be kept level, tended regularly, and
have dead materials removed regularly.
[c]
Plantings must be of such a nature as to not pose harm to passersby,
such as thorns, prickly plants, or vines that trail into the right-of-way.
(c)
No person or business shall maintain a sidewalk seating or decorative
display area unless the sidewalk seating/decorative display is in
conformance with the standards and requirements of this section.
(d)
Application and fee. An applicant for a permit under this section
shall file an application on a form provided by the Village Clerk,
and must include a site plan drawn to scale and shall accurately describe
the area and furniture, and indicate the nature of fencing or other
measures intended to provide control over the operation of the area
if those measures are required in this section. The application shall
be signed by the applicant, and if the business operator is a tenant,
then also by the property owner. The initial application shall be
accompanied by a drawing of the site requested to be used, showing
the approximate location of the furniture and decorative displays.
The application shall also be accompanied by a nonrefundable fee in
an amount set by the Village Board and set forth on the Fee Schedule.[1]
[1]
Editor's Note: The fee schedule is on file in the Village
offices.
(e)
Location. A sidewalk seating and/or decorative display area
may be permitted on the public sidewalk immediately in front of the
applicant's business or property. It shall not encroach on neighboring
property. The sidewalk seating or decorative display area shall be
limited to the area identified in the permit. If more than one business
is located on a property and wish to use the sidewalk, the business
applying first shall be given priority. No permit shall be issued
if the sidewalk and use does not meet the standards and restrictions
set forth in this section.
(f)
Indemnification/insurance. The permit holder shall defend, indemnify
and hold harmless the Village and its officers and employees from
and against all claims, losses, damage, injury and liability for damages
arising from the permit holder's use of the public right-of-way.
The permit holder shall provide to the Village, in a form acceptable
to the Village, a certificate of insurance substantiating the existence
of a general liability policy, in an amount not less than $1,000,000,
covering the area subject to the permit. The Village shall be named
as an additional insured. The insurance certificate shall be provided
to and approved by the Village prior to issuance of the permit.
(g)
Hours and months of operation. A permitted sidewalk seating
area may be open daily from 6:00 a.m. until 9:00 p.m., from April
1 through October 31. A new permit and permit fee is required annually.
(h)
Standards and restrictions.
[1]
Physical requirements.
[a]
Sidewalk clearance. An unobstructed sidewalk clearance
of four feet shall be maintained for pedestrians at all times from
the edge of any table, chair, bench, planter, or other appurtenance
used as part of a sidewalk seating or decorative display area. The
entire seating area must be paved with concrete, asphalt, brick or
pavers.
[b]
Proximity to street. Where the sidewalk seating
or decorative display area is located adjacent to the street, in addition
to the requirements stated in Subsection B(7)[1][a] above, an eighteen-inch
clearance shall be maintained from the face of the curb to the sidewalk
seating or decorative display area unless there is parking parallel
to the street, in which case a thirty-inch clearance is required.
[c]
Table size. Tables located within the sidewalk
seating area shall be sized so as to maintain the required four-foot,
unobstructed sidewalk clearance zone.
[d]
Ingress and egress. No sidewalk seating or decorative
display shall obstruct any points of building ingress and/or egress.
[e]
Vision corners. On a corner lot, no sidewalk seating
or decorative display area shall be located within the area bound
by the extensions of the corner building walls between the building
and the curb.
[f]
Attachments. No portion of a fixture or feature
of the sidewalk seating or decorative display area may be permanently
attached to the sidewalk or building.
[g]
Parking increase. Sidewalk seating shall be exempt from additional parking requirements of Chapter 245, Zoning.
[h]
Lighting and sound. No additional exterior lighting is permitted in a sidewalk seating or decorative display area. No entertainment or use, operation or playing of any musical instrument, loudspeaker, sound amplifier, or other machine for the reproduction of sound is permitted unless a special events permit is issued pursuant to Chapter 188 of this Municipal Code.
[i]
All items in the sidewalk seating or outdoor display
area must be removed at the end of each business day, or 9:15 p.m.,
whichever is later, or must be adequately secured to prevent theft,
or will be subject to removal by the Village. The Village is not responsible
for any item in the sidewalk seating or outdoor display area.
[j]
The placement of any item on the public sidewalk
that is not in compliance with these regulations is subject to removal
by the Village without warning. Items removed by the Village will
be disposed of without compensation provided to the owner of the items.
The cost of removal will be billed to the permit holder. Failure to
pay the bill for costs within 30 days of billing will result in the
costs being placed on the tax roll as a special charge against the
property at which the permit holder was located.
[2]
Design. The design of all improvements and furniture shall be
of a quality to sustain weather and wear, and shall be of natural
finishes or dark colors.
[3]
Maintenance.
[a]
The permit holder shall maintain the sidewalk seating
or decorative display area and the adjoining street, curb, gutter
and sidewalk in a neat, clean, sanitary and orderly condition at all
times, regardless of the source of the refuse and litter. Trash disposal
shall be inside the establishment operating the sidewalk seating area.
The permit holder shall remove litter from the adjoining properties
which may have come from the sidewalk seating or decorative display
area.
[b]
Activities in the sidewalk seating or decorative
display area shall be conducted in a manner that does not interfere
with pedestrians, parking or traffic.
[c]
The permit holder shall be responsible for preventing
excessive noise to ensure minimal or no intrusion on the merchants
and inhabitants of the surrounding properties.
[d]
The permit holder shall clean the surface of the
sidewalk by washing or buffing to remove any stains, marks, or discoloration.
In so cleaning, the permit holder shall not allow any chemical or
debris substance to enter the storm sewer.
(i)
Service of intoxicating liquor and/or fermented malt beverages.
[1]
The permit holder may sell and serve intoxicating liquor and/or
fermented malt beverages only if the permit holder holds the appropriate
license and has obtained approval of the inclusion of the sidewalk
seating area in its described licensed premises by the Village Board.
The license shall be automatically conditioned at the time of approval
of the sidewalk seating area in the license with a limitation that
the enlargement of the premises to allow for the activity of service
or consumption of intoxicating liquor or fermented malt beverages
within the sidewalk seating area under such liquor license has no
vested rights and may be suspended or revoked or nonrenewed by the
Village Board without cause being shown.
[2]
Sidewalk seating areas where intoxicating liquor or fermented
malt beverages are to be served must be defined by an enclosure of
no more than three feet in height measured from the sidewalk. Enclosures
shall be designed in compliance with ADA accessibility guidelines.
An enclosure shall be compatible with the appearance and design of
the associated building and sidewalk seating area. Enclosures shall
be portable and may consist of planters, removable bollards/barriers
or similar features that involve no alteration to or damage to the
sidewalk.
[3]
Intoxicating liquor or fermented malt beverages must be sold
and served by the licensee or licensee's employees and sold or
served only to patrons seated at tables in the sidewalk seating area,
and must be served in plastic cups.
[4]
Each license holder shall be responsible for policing the area
of the sidewalk seating to ensure that the beverages are not removed
from the sidewalk seating area. Tables must be cleared as soon as
patrons leave.
[5]
Small cards must be placed on each table giving notice that
removal of intoxicating liquor or fermented malt beverages from the
sidewalk seating area is not allowed.
[6]
Storage and/or preparation of intoxicating liquor or fermented
malt beverages shall not be permitted in the sidewalk seating area.
The bar from which such beverages are dispensed shall be located indoors
and shall not be located in the sidewalk seating area.
(j)
Suspension and revocation of permits.
[1]
Temporary suspension by Director of Public Works for conflicts.
The Director of Public Works or the Director's designee shall
have the right to suspend or prohibit the operation of a sidewalk
seating or decorative display area at any time because of problems
or conflicts in the use of the area. Such problems or conflicts may
arise from, but are not limited to, scheduled festivals, parades,
marches, and similar special events, repairs to the street, sidewalk
or the public facility, or from demonstrations or emergencies occurring
in the area. To the extent possible, the Village will give prior notice
of any time period during which the operation of the sidewalk seating
or decorative display area must be suspended.
[2]
Suspension and revocation of permit for noncompliance. In the
event of noncompliance with this section by the permit holder, its
agents, employees, or patrons, the Director of Public Works or the
Director's designee may suspend or revoke the permit upon notice
to the permit holder.
[3]
Revocation or nonrenewal of permits at the option of the Village
Board. The Village Board may determine that use of the public sidewalk
shall cease, even without a showing of cause, in the entirety or a
portion of the Village. In that event, no sidewalk seating and/or
outdoor displays of any kind at that location may continue on the
public sidewalk, and no tables or chairs or other encumbrances of
the sidewalk may remain.
[4]
In the event that permits are suspended or revoked for any reason,
items on the public sidewalk shall be removed immediately upon notice
to the permit holder. If not removed by the end of the day that notice
is delivered, the Director of Public Works or the Director's
designee shall cause the encumbrance to be removed and the cost thereof
billed to the permit holder. Failure to pay the bill for costs within
30 days of billing will result in the costs being placed on the tax
roll as a special charge against the property at which the permit
holder was located.
(k)
This section does not limit the Director of Public Works'
or the Director's designee's authority to refuse to issue
permits for the use of the public sidewalk for sidewalk seating and/or
outdoor displays in individual cases, even if the applicant or permit
holder meets all conditions of this section.
(l)
A permit under this section is a privilege, not a right. The
issuance of any permit under this section may not be construed to
create a vested right for the benefit of any person or any liquor
or fermented malt beverage licensee. Whether a permit is issued or
suspended or nonrenewed or revoked is within the Director of Public
Works' or the Director's designee's and the Village Board's
discretion, and no cause must be shown for any adverse action with
regard to any sidewalk seating and/or decorative display permit.
(m)
The no cause standard on nonissuance, nonrenewal, suspension
or revocation is deemed reasonable by the Village Board due to the
Village Board's recognition that the sidewalk is primarily for
the benefit of the public as a whole for pedestrian travel within
its entire width at all times, and that the encumbrance permitted
through the issuance of a sidewalk seating and/or decorative display
permit is a special privilege that may be extended or withdrawn at
any time and for any reason. The notice and hearing provisions of
this section may not be construed as a recognition of any right on
the part of the permit holder to such special use of the public sidewalk.
(n)
Appeal. Any person aggrieved by a decision of the Director of
Public Works or the Director's designee shall have the right
to appeal such decision to the Village Board provided such appeal
is taken within 30 days of the determination or decision. The permit
holder may request a public hearing before the Board. Upon appeal,
the Village Board may restore, suspend or revoke the privilege of
providing sidewalk seating and/or outdoor displays on public sidewalks.
(o)
Violations.
[1]
In addition to the provisions set forth in this section, any sidewalk seating or decorative display that is initiated, operated or maintained contrary to the provisions of this section, including, but not limited to, unlawfully obstructing the public right-of-way, or failure to adequately maintain and clean the sidewalk seating and/or decorative display area, shall be subject to a penalty as provided in Chapter 1, Article II, of this Municipal Code.
[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No.
489]
A.
Sidewalks to be kept clear. The owner or occupant of any lot or parcel within the Village shall, within 24 hours after the end of any storm, remove all snow and ice which may have fallen or accumulated upon the sidewalk in front of such lot or parcel; provided when ice has so formed that it cannot be removed, the owner or occupant shall keep the same sprinkled with a material which will prevent the sidewalk from being dangerous to pedestrians. If the owner or occupant fails to comply with this subsection, the Department of Public Works shall cause the snow or ice to be removed or sprinkled as required in this subsection and the cost thereof assessed against the property as a special tax as provided in Subsection B.
[Amended 1-23-2006 by Ord. No. 489]
B.
Assessment. After clearing or sprinkling any such sidewalk as provided in Subsection A, the Village Department of Public Works shall file with the Village Clerk a written report containing a description of the lot or tract charged and the expenses chargeable to the same; and the Clerk shall mail to the owner of each such lot or tract, at his last known address, a statement of such expenses. When paid, the amount so paid shall be credited to the Village General Fund. If any such bill remains unpaid on October 1 next following the clearing or sprinkling of the sidewalk, the Village Clerk shall insert such charge in the general tax roll of the Village; and the same shall be collected in the same manner as other special taxes.
C.
Snow not to be deposited in streets. No person shall
cause to be deposited snow from his premises or the sidewalk abutting
thereon onto any street in the Village.[1]
[Amended 2-10-2014 by Ord. No. 614]
D.
Fines and penalties. In addition to the assessment
or reimbursement provisions set forth above, the Village may issue
citations and impose penalties for violation of this section.
