[HISTORY: Adopted by the Bellevue Board 9-25-2013 Ord. No. O-2013-10 (§§ 8.02 to 8.23 and 8.25 to 8.30 of the
1998 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 188.
Construction site erosion control — See Ch. 209.
Nuisances — See Ch. 326.
Peace and good order — See Ch. 341.
Stormwater management — See Ch. 400.
Subdivision of land — See Ch. 410.
Trees and shrubs — See Ch. 427.
Vehicles and traffic — See Ch. 443.
A.
Establishment. The grade of all streets and sidewalks shall be established
by the Village's Engineer and approved by the Village Board. No street
or sidewalk shall be installed or constructed until the grade is established.
The grades of all streets having curb and gutter on the effective
date of this chapter are established at the levels then existing.[1]
B.
Altering grade. No person shall alter the grade of any street, alley,
sidewalk or public ground or any part thereof unless authorized or
instructed to do so by the Village Board and Village Engineer.
C.
Street elevation. All street elevations shall be based on United
States Coast and Geodetic Survey Datum.
A.
Minimum requirements. The following shall be minimum requirements
in the acquisition, laying out, improvement, construction or altering
of any of the streets of the Village:
(1)
Property dedicated or otherwise conveyed to the Village for street
purposes after the effective date of this chapter shall provide for
streets with a minimum width of 70 feet.
(2)
Any installation of curbs and gutters and replacement of existing
curbs and gutters upon streets shall be located so as to provide roadways
of a minimum width of 33 feet (37 feet as measured back to back on
the curbs).
B.
Exceptions. The Village Board may grant an exception from the requirements
of this section in any specific case where the Board considers that
there is an emergency, hardship or urgent need for granting such exception.
A.
No driveway shall be constructed in the Village unless such driveway
complies with the following requirements. As used in this section,
the word "driveway" shall include any curb cut for a driveway.
C.
Corner lots.
(1)
On a corner lot, no driveway shall be closer than 30 feet to the
point of intersection of the two intersecting property lines on all
local streets.
(2)
On a corner lot, no driveway shall be closer than 50 feet to the
point of intersection of the two intersecting property lines on all
collector streets.
D.
In areas where there is no curb and gutter, concrete driveways will
not be allowed on Village right-of-way.
E.
Construction standards.
(1)
When any rural road within the Village is reconstructed as an urban
street (storm sewer, curb and gutter), the Village shall install and
assess each property owner within the assessment district for a concrete
driveway apron and sidewalk section from the back of the curb to the
Village right-of-way. In the case of a vacant lot, the concrete driveway
apron and sidewalk section from the back of the curb to the Village
right-of-way shall be installed within one year of the completion
of the building. All concrete driveway aprons and sidewalk sections
shall be constructed to Village specifications
(2)
Where the curb and gutter is extended from the street into a blacktop
or concrete parking lot and proper drainage is provided so that all
stormwater is controlled on site, the driveway approach may be blacktop
and no sidewalk section is required. It is the intent that no stormwater
be diverted to the street except for the area within the right-of-way.
If sidewalks are ever required, curb ramps must be installed to take
pedestrians safely from the driveway to the sidewalk.
F.
Where a culvert is required by the Director of Public Works or designee
on a Village street, the minimum size shall be 15 inches. The Public
Works Director may grant a twelve-inch culvert under special consideration.
On a county road, the minimum culvert size shall be in accordance
with the Brown County driveway permit.[1]
A.
Required. No street in the Village shall be permanently improved
unless curb and gutter is installed on each side in accordance with
plans and specifications approved by the Board and the Village's Engineer.
B.
Cutting in driveways. Header portions of existing concrete curb and gutter may be removed to provide driveway access to private property. These driveway openings shall be in conformance with § 404-1. Any concrete header to be removed shall be in accordance with the following:
(1)
A saw joint at least two feet deep shall be cut in the gutter section
for the full length of the proposed driveway opening.
(2)
The header section shall then be removed for the full depth of the
concrete to the base of the curb section.
(3)
In all cases, concrete shall be replaced from the gutter line to
a line extended along the back of existing curb sections, forming
a continuous gutter section for stormwater.
(4)
When a concrete driveway is installed between curb and lot line,
a three-quarter-inch expansion joint shall be placed along a line
at the back of the curb section.
(5)
Reinforcing and tie rods shall be required as per curb cut permit.
C.
Vehicles crossing curbs. Curb and gutter sections shall be properly
planked prior to crossing over with any vehicle.
D.
Permit required. No portion of an existing concrete curb or gutter
may be cut, removed or altered to provide driveway access to private
property until a curb cut permit is first obtained from the Village
Building Inspector.
E.
Form of application. Application for such permit shall be made on
a form provided by the Village and shall include the following information:
(1)
The location of the premises at which the work is to be performed.
(2)
The name and address of the property owner or owners and the name
of the contractor doing the work.
(3)
The width of the opening requested.
(4)
Type of surface to be used on the driveway.
(5)
A plot plan drawn to a scale of not less than one inch to 20 feet
shall be provided. The plot plan shall indicate the location of the
driveway on the lot and the location of any trees, signs, utility
poles and existing catch basins located on the lot frontage.
F.
Construction; new or replacement. All curbs and gutters may be constructed
by contractors working under Village specifications. Private parties
repairing or installing replacement curbs will not be reimbursed for
this work unless said construction meets specifications of the Village
Engineer, and reimbursement has been approved by the Village Board
prior to construction.
A.
Permit required. The policy of the Village of Bellevue is to allow
for new sidewalk installation, replacement, repair or maintenance
by permit only. The Village of Bellevue Public Works Department issues
permits, including construction criteria and specifications.
B.
Standard dimensions. The standard dimensions of sidewalks shall be
four inches thick, five feet wide, concrete, with four inches of crushed
aggregate base course. The section in a driveway for the crossing
of a sidewalk has the width and slope of a sidewalk, but is handled
as a driveway for thickness and payment purposes. Sidewalks are constructed
on both sides of the street to minimize unnecessary pedestrian crossing,
thereby increasing pedestrian safety.
C.
Sidewalk locations. The policy of the Village of Bellevue is to add
sidewalks to streets in accordance with the Village of Bellevue Pedestrian,
Bicycle and Safe Routes to School Plan and in all new subdivisions.
The plan provides for sidewalks to serve pedestrian traffic area associated
with parks, schools, churches, malls, etc., on collector and arterial
streets, and areas of high pedestrian traffic on minor or local streets.
A minor or local street is a street with limited continuity used primarily
for access to abutting properties and the local needs of a neighborhood.
A collector street is a street, including the principal entrance street
of a residential development and the circulating street within a development,
which carries traffic from a local or minor street to the system of
major streets, including arterials and highways. An arterial street
is a high-capacity street designed to carry large volumes of traffic
between various areas of the community and to highways.
D.
Installation.
(1)
Schedule. Sidewalks on existing urban streets (with curb and gutter)
are scheduled for installation in accordance with the prioritization
identified on the Village's Capital Improvement Plan. Sidewalks on
rural streets (without curb and gutter) are installed when the street
is reconstructed to an urban type street. Sidewalks in new developments
are installed concurrently with roadway construction.
(2)
Prioritization. Guidelines for capital improvement plan prioritization
of sidewalk projects to be installed on existing urban streets in
order from highest to lowest are as follows:
E.
Cost of sidewalk construction.
(1)
New development. The developer contributes 100% of the sidewalk construction
cost. It is the policy of the Village of Bellevue to extend sidewalks
concurrently with street construction. "New development" is defined
as subdivisions of land on parcels or tracts large enough for agricultural
purposes or are presently woodland or another nonintensive use.
(2)
Existing streets. The Village contributes 100% of the sidewalk construction
cost.
(3)
Sidewalk replacement/repair. The Village contributes 50% of the project
cost for replacement as determined by the Village of Bellevue on a
hazard basis only, without aesthetic considerations. A sidewalk may
be replaced as determined by the property owner on an aesthetics basis,
however, the full cost for replacement will be the responsibility
of the property owner. The property owner shall assume the full cost
of replacement of sidewalk damaged as a result of property owner construction.
All boulevards and islands must be previously approved by the
Village Board. Whenever curbing has been installed and a boulevard
provided, such boulevard area shall be improved and maintained by
the owner of the premises abutting thereon at such grade and in such
condition as to provide adequate drainage of the sidewalks and of
the boulevard area.
A.
Petitions. No petitions for improvements will be accepted after December
1 for the February to March bidding or after May 1 for the June to
July bidding.
B.
Exceptions. The Village Board may grant an exception from the provisions
of this section in any specific case where the Board shall find that
there is sufficient need for granting such exception.
C.
Storm sewers. No curb and gutter shall be installed in any street
unless connection with a storm sewer is first provided.
D.
Improvements required. No permanent paving of any street in the sewer
service area shall be made or installed unless curb and gutter, sewer
mains, water mains and laterals are in place prior to such paving.
A.
Permit required. No person shall tunnel under or excavate, dig upon
or in, remove any tree or remove any material from any street, sidewalk
or other public place in the Village without having obtained a permit
as required herein. The excavation permit shall be obtained by the
contractor or person performing the work, and a separate permit shall
be obtained for each property owner benefited by the work to be performed
and for each street involved. The excavation permit shall be void
if the work for which the permit is issued is not started within 15
days or completed within 30 days from the date of issuance of the
excavation permit.
B.
Form of application. Application for such permit shall be made to
the Public Works Director or authorized designee and shall provide
information as required under the Village of Bellevue Administrative
Policy Code No. 24, Right-of-Way Excavation Policy and Permitting.
C.
Fees. Within 60 days following the adoption of this chapter, the
Director of Public Works shall establish a schedule of fees which
reflect the Public Works operating and maintenance costs related to
the review and inspection of utility excavation and maintenance within
the right-of-way. Said schedule of fees shall be subject to review
and approval by the Village Board, which shall adopt the same by resolution,
and which may be amended from time to time in the same manner.
D.
Agreement of applicant. The application shall contain and, if permission
to excavate is granted, the applicant and owner shall agree to comply
with the provisions of Village of Bellevue Administrative Policy Code
No. 24, Right-of-Way Excavation Policy and Permitting.
E.
Notification. An applicant who has been authorized to excavate or
dig in accordance with the terms of this section shall notify adjacent
property owners and Village officials in accordance with the Village
of Bellevue Administrative Policy Code No. 24, Right-of-Way Excavation
Policy and Permitting.
F.
Report of utility pipes. Discovery or damage to existing utilities
within the permit area shall comply with the provisions of the Village
of Bellevue Administrative Policy Code No. 24, Right-of-Way Excavation
Policy and Permitting.
G.
Insurance coverage or deposit. A utility, contractor or excavator
must execute and file with the Village Clerk-Treasurer a cash bond
in the amount and for as provided for in the Village of Bellevue Administrative
Policy Code No. 24, Right-of-Way Excavation Policy and Permitting.
H.
Appeal process. In case any applicant shall be aggrieved by any action
in connection with the issuance of a permit, the refund of a deposit
or in connection with the application of this section he shall have
the right to appeal to the Village Board of Appeals by filing notice
of appeal with his legal mailing address within 10 days after receipt
of notice.
I.
Barricades. Barricades which must meet the State MUTCD specifications
shall be placed at excavations, road closures, or required traffic
control conditions; as stated in the Village of Bellevue Administrative
Policy Code No. 24, Right-of-Way Excavation Policy and Permitting.
J.
Excavation and restoration work. Excavation and restoration work
shall comply with the Village of Bellevue Administrative Policy Code
No. 24, Right-of-Way Excavation Policy and Permitting.
K.
Emergency action. Nothing in this section prohibits the making of
such excavations as may be necessary for the preservation of life
or property, for the location of trouble in conduit or pipe, or for
making repairs, provided that the person making such excavations shall
apply to the Village for a permit on the first working day after such
work is commenced.
A.
No person shall cause to be moved on, upon or across any public street,
curb or sidewalk any motor vehicle, trailer or other thing which by
its weight, construction or manner of operation does or which is reasonably
likely to cause damage or destruction to such street, curb or sidewalk
or any part thereof or appurtenant thereto.
B.
No person shall cause to be moved onto, across or upon any public
curbing any motor vehicle, trailer or other thing unless there is
first placed on and about such curbing planking, bracing or other
material of sufficient size, quality and quantity to prevent all damage
and destruction to such curbing and all parts thereof by such motor
vehicle, trailer or other thing. All repair costs to streets, curb
and sidewalks shall be the property owner's expense.
No person shall encroach upon or in any way obstruct or encumber
any street, 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 the Building Code
or with Village approval.
No person shall obstruct any street so as to interfere with
traffic thereon with a railroad locomotive or car for a period longer
than 10 minutes.
No person shall start or maintain a fire on the improved portion
of any street.
No person shall deposit, throw, spill, place or leave any rubbish
or other foreign matter on the improved portion of any street or on
any sidewalk.
A.
No person shall haul any garbage, refuse, debris, ashes, lime, sludge
or other materials which are liable to be blown away by the wind or
drop from the conveying vehicle to the street, through or over any
streets of the Village without having such materials securely covered
in such a manner that no part thereof can fall or drop upon the streets
of the Village.
B.
Any person transporting material which shall fall from the transporting
vehicle onto a public street shall remove such material or the Village
shall cause the same to be removed and the cost shall be assessed
against the owner of the vehicle.
No person shall dump concrete washings, sand, gravel, waste
oils, hazardous or other foreign material into any sewers, streets
or catch basins.
No person shall throw or place any snow or ice upon any sidewalk
or street. The deposit of any snow upon any sidewalk or street shall
be a nuisance, and, in addition to the penalty provided for, the Village
may summarily remove any snow so deposited and cause the costs of
the removal to be charged to the owner of the property from which
the snow has been removed.
A.
The owner of property abutting on any sidewalk shall, without notice
and at all times, keep such abutting sidewalk clean and free of debris,
dirt, sweepings, obstructions and clear of snow and ice and shall
not deposit or place any sweepings or debris or other foreign matter
upon the same.
B.
The lessee, occupant of first or ground floor, or persons having
charge of a building, or if there be no lessee, occupant or person
having charge, then the owner of each and every parcel of real estate
in the Village abutting or bordering upon any street, highway or other
public place, shall remove or cause to be removed all snow and ice
from the public sidewalk in front of or adjacent to such premises
to the full paved width of such sidewalk, within 48 hours after such
snow or ice shall have fallen or accumulated.
C.
If the snow and ice on the public sidewalk shall be frozen so hard that it cannot be removed without injury to the sidewalk, the lessee, occupant, person having charge or owner of every parcel of real estate shall, within the time specified in Subsection B, cause the public sidewalk abutting or adjacent to such premises to be kept strewn with ashes, sand or some other suitable material and shall as soon thereafter as the weather shall permit thoroughly clean such sidewalk.
D.
If the owners or occupants of lands abutting sidewalks fail to clear
them as provided herein, the Village may, at its option, clear said
sidewalks of ice and snow. The cost of such ice and snow removal by
the Village shall be charged against such abutting lands as a special
tax by the entry of such amount in the tax roll and shall be collectible
with all other property taxes.
E.
The obligation of landowners and occupants provided herein shall
not abate in the event the Village removes snow and ice from sidewalks
as provided herein, and elects not to charge therefor; nor shall any
duty or responsibility for snow and ice removal accrue to the Village
as a result of the Village's election to provide snow removal services
without charge.
F.
Exemptions.
[Amended 2-11-2015 by Ord. No. O-2015-05; 11-27-2020 by Ord. No. O-2020-15]
(1)
The following sidewalk areas are exempt from this § 404-17:
(a)
Sidewalks and trails along State and County Trunk Highways;
(b)
Designated multiuse trails within the Village;
(c)
Sidewalks located on bridges, over large culverts and conservancy
areas with railings or parapets;
(d)
Roundabout side paths;
(e)
Street crossing landings at signalized intersections;
(f)
Sidewalks crossing railroad right-of-way;
(g)
Sidewalks along a rear lot line where the owner is not expected
to maintain the right-of-way due to existing topography;
(h)
Sidewalks along large undeveloped parcels being used for agriculture;
(i)
Special sidewalks and street crossing areas for access to schools,
parks, and playgrounds.
(2)
The above sidewalk areas will be cleared by the Village. The Village
may extend the clearing of some areas of sidewalk not exempted for
the purpose of access or efficiency of Village operations.
Pursuant to § 82.03(7), Wis. Stats., all existing
roads in the Village under Village Board jurisdiction and future extensions
thereof are hereby assigned the names designated on the Village's
Official Map. Subsequent roads laid out or constructed within the
Village shall be assigned such names as shall appear:
A.
Street classification. Every public freeway, highway, street, and
road within the Village shall be classified on the Village's Official
Traffic Map according to the following designations:
(1)
Principal arterial: serves the major economic activity centers of
the urban area, has the highest traffic volumes, and primarily serves
regional and intraurban traffic. These routes are generally extensions
of rural arterials and provide a high level of travel mobility.
(2)
Minor arterial: serves other economic activity centers important
within the urban area, has moderate traffic volumes and primarily
serves intercommunity traffic. Minor arterials interconnect and augment
the principal arterial system, and are generally extensions of the
rural collector (county highway) system. Although the predominant
function of minor arterials is traffic mobility, these routes serve
some local traffic and provide more land access than principal arterials.
(3)
Collector: provides direct access to residential neighborhoods and
commercial/industrial areas, has moderate to low traffic volumes,
and primarily serves interneighborhood traffic. Collector streets
function to collect and distribute traffic between local streets and
arterials. The travel mobility and land access functions of collector
streets are equal in nature.
(4)
Local: provides direct access to adjacent land uses, and serves the
ends of most trips within the urban area. All streets not classified
as arterials or collectors are local.
B.
Street improvement life expectancy period. Any curb, gutter, sidewalk,
concrete driveway aprons, or bituminous surface installed upon any
street right-of-way by the Village for which special assessments were
levied on or after January 1, 2007, against benefiting properties
shall be subject to a street improvement life expectancy period as
follows:
(1)
The pavement life expectancy for a bituminous reconstructed street
shall be 25 years. The pavement life expectancy period shall commence
on the date of billing for the special assessment. If any bituminous
surface must be repaired or replaced within the original assessment
district before the expiration of the planned life expectancy for
such improvement, and the a new assessment hearing is ordered to pay
for the new surface, the benefiting property owner may be credited
up to 1/25 times the remaining pavement life expectancy times the
original assessment amount for that improvement.
(2)
The pavement life expectancy for a bituminous reconditioned street
shall be 20 years. The pavement life expectancy period shall commence
on the date of billing for the special assessment. If any bituminous
surface must be repaired or replaced within the original assessment
district before the expiration of the planned life expectancy for
such improvement, and the a new assessment hearing is ordered to pay
for the new surface, the benefiting property owner may be credited
up to 1/20 times the remaining pavement life expectancy times the
original assessment amount for that improvement.
(3)
The pavement life expectancy period for a bituminous mill and overlay
street shall be 15 years. The pavement life expectancy period shall
commence on the date of billing for the special assessment. If any
bituminous surface must be repaired or replaced within the original
assessment district before the expiration of the planned life expectancy
for such improvement, and the a new assessment hearing is ordered
to pay for the new surface, the benefiting property owner may be credited
up to 1/15 times the remaining pavement life expectancy times the
original assessment amount for that improvement.
(4)
The improvement life expectancy period for any curb, gutter, or concrete
aprons shall be 15 years. The improvement life expectancy period shall
commence on the date of billing for the special assessment. If any
curb, gutter, or concrete apron must be repaired or replaced within
the original assessment district before the expiration of the planned
life expectancy for such improvement, and the a new assessment hearing
is ordered to pay for the new improvement, the benefiting property
owner may be credited up to 1/15 times the remaining improvement life
expectancy times the original assessment amount for that improvement.
A.
Railroad crossings. At the intersection of all railroad crossings
and Village streets a vision triangle shall be created by the following:
use the point where the center line of the street and the center line
of the railroad right-of-way meet as the point of origin; from the
point of origin measure 200 feet along the center line of the street
and 200 feet along the center line of the railroad right-of-way. The
area encompassed in forming a triangle by attaching these points shall
not be built upon.
(1)
From the date of adoption forward this triangle shall be shown on
any newly created plats or CSMs.
(2)
This vision triangle shall control all building and land reconstruction
on new or existing parcels.
(3)
All such intersections on county or state roads shall meet the requirements
of the county or state, whichever has jurisdiction, and are thereby
exempt from this section.
B.
Intersections.
(1)
Notwithstanding any other provision of this chapter, no person shall
plant, cause to grow, allow to grow, construct, cause to construct,
maintain, or permit to remain any natural (e.g., shrub, tree, or other
plant) or man-made object of any kind, on any private or public premises
situated at the intersection of two or more streets or alleys, which
may obstruct the view of the operator of any motor vehicle or pedestrian
approaching such intersection. A clear sight triangle shall be maintained
to a minimum distance of 15 feet measured from the point of intersection
of the two property lines extended to meet one another. The Director
of Public Works may require a larger clear sight triangle if determined
that a hazard exists.
(2)
It is unlawful for any person to plant, cause to grow, allow to grow,
construct, cause to construct or maintain any natural (e.g., shrub,
tree, or other plant) or man-made object of any kind which is an obstruction
to the clear and complete vision of any traffic sign. It shall be
the duty of every owner of such tree, bush, shrubbery, or vegetation
to remove such obstruction.
(3)
Any natural (e.g., shrub, tree, or other plant) or man-made object
which obstructs the view at an intersection or the view of a traffic
sign shall be deemed to be dangerous to public travel and the Director
of Public Works shall notify the property owner, in writing, describing
the conditions, stating the steps necessary to correct the conditions,
and establishing a reasonable time within which the corrective steps
shall be taken. In the event that effective steps are not taken within
the time specified, it shall be lawful for the Village of Bellevue
to abate these conditions to the extent necessary to assure compliance
with the foregoing requirements, and the costs thereof shall be assessed
to the owner.
A.
All lots and parts of lots in the Village of Bellevue shall be numbered
in accordance with a map designated "Street Numbering Map," now on
file with the Building Inspector and at the Village Office. All lots
and parts of lots hereafter platted shall be numbered to conform as
nearly as possible to the general scheme of numbering as outlined
on such map.
B.
Each owner or occupant shall conform with the following regulations:
(1)
All houses and buildings shall have numbers.
(2)
All numbers shall be in a conspicuous place on the front of the building
not above the first floor.
(3)
All numbers shall be made so that they are easily seen/read from
the road.
(4)
All numbers shall be at least 2 1/2 inches tall (minimum).
(5)
Any home or building with a setback beyond 40 feet shall also have
their numbers on their mailbox.
(6)
The owner or occupant shall at all times keep the numbers on the
building and in readable condition.
(7)
The numbers must be numerals and not script.
C.
If the owner or occupant of any building required by this section
to be numbered neglects for a period of 20 days to duly attach and
maintain the proper numbers on such building, the Village will send
him a notice requiring such owner or occupant to properly number the
same; and if he/she neglects to do so within 20 days after the service
of such notice, he will be considered to be in violation of this section
and be penalized. The penalty shall be not less than $10 and not more
than $100. Each day is considered a separate violation.
A.
All new electrical utilities within the Village municipal limits
shall be placed underground and shall be at no expense to the Village.
B.
Exemption from mandatory placement of electric utilities underground
may only be given with a four-fifths consenting vote of the Village
Board of Trustees at a duly noticed Village Board meeting.
Except as otherwise provided, any person found to be in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue.
