[Amended 7-2-1992 by Ord. No. 757]
A. No driveway shall be constructed or maintained connecting with any
street or alley unless a suitable culvert is first installed across
the ditch of the street or alley where necessary for the public welfare.
B. Culvert shall be constructed of corrugated steel pipe. The culvert
shall have a diameter of not less than 15 inches unless otherwise
approved in writing by the Public Works and Development Director or
designee. The length of the culvert shall be no less than 20 feet
nor more than 35 feet. All culverts with a diameter up to and including
24 inches shall be of 16-gauge steel. All concrete culverts shall
have approval of the Public Works and Development Director or designee
prior to installation. All culverts shall be equipped with end walls
or end sections approved by the Public Works and Development Director
or designee.
C. Permit required; fee; restoration.
(1) A permit from the City Engineer or designee is required to install
culverts in City rights-of-way.
(2) An administration and inspection fee (which shall be as from time
to time established by resolution of the Common Council) will be required.
This fee will not be refundable.
(3) Restoration of the ditch area shall be completed within 15 months
from the date of the issuance of the permit. Failure to restore the
ditch within the fifteen-month period will result in the Public Works
and Development Department sending written notification to the property
owner of record establishing a date for the restoration to be completed
by, as determined by the Public Works and Development Director or
designee. Failure to comply by this date will result in the City ordering
the work completed by the Public Works and Development Department.
The Public Works and Development Director or designee shall keep a
detailed accounting of the costs and expenses of performing this work.
The balance due shall be entered on the tax roll as a special charge
against the property and collected with any other taxes levied thereon
for the year in which the work is completed pursuant to § 66.0627,
Wis. Stats.
D. Culverts initiated by City.
(1) Where the public welfare requires a suitable culvert for an existing
driveway, the Public Works and Development Director or designee shall
notify, in writing, the property owner maintaining the driveway across
any ditch in any street or alley that such installation shall be completed
in 10 days or the City will have a culvert installed by the Public
Works and Development Department at the expense of the abutting property
owner. The property owner may appeal the order of the Public Works
and Development Director or designee within these 10 days; otherwise
such orders shall become conclusive. If such installation is not completed
or an appeal filed within this ten-day period, the City may enter
upon the land to install the culvert and cause to be performed the
work required to restore the site.
(2) The Public Works and Development Director or designee shall keep
a detailed accounting of the costs and expenses of performing this
work and these costs and expenses shall be entered on the tax roll
as a special charge against the property and collected with any other
taxes levied thereon for the year in which the work is completed pursuant
to § 66.0627, Wis. Stats.
[Amended 10-14-1969 by Ord. No. 147]
A. Permits required for excavations. No person shall make or cause to
be made any excavation in or under any street, alley or sidewalk in
the City without first obtaining from the City Engineer or designee
a written permit to do so as hereinafter provided.
B. Application for permit. Such permit shall be issued only upon a written
application signed by the applicant, accompanied by a permit fee established
by resolution of the Common Council, and shall describe the place
where such excavation is proposed to be made with such certainly that
the same may at all times be readily located and shall specify the
purpose for which said excavation is to be made and when it is proposed
to begin making the same. In case such excavation is to be made by
the City, or any department thereof, then such application shall be
signed by the superintendent of the department under whose direction
the work is to be done.
[Amended 2-26-1985 by Ord. No. 517; 3-17-1988 by Ord. No. 600]
C. Bond. Before a permit is granted, a bond may be required to be filed
by the applicant for such permit with the City in the amount of $2,000,
which bond shall be executed by a licensed surety company as a guarantee
that the applicant for such permit will comply with all City ordinances
relating to such permit and will maintain and restore the street,
alley, sidewalk, or public grounds as required by the Municipal Code
and will maintain the same for a period of one year. In the event
the City Engineer or designee determines that the nature and extent
of the excavation or opening requires a bond in excess of $2,000 to
guarantee restoration of the excavated area as required by the Municipal
Code, the bond shall be established in an amount so determined by
the City Engineer or designee. Contractors who average four permits
in a one-month period shall, in lieu of the bond of $2,000 herein
provided, file a bond of $5,000 conditioned as above which shall cover
a twelve-month period.
D. Insurance. Prior to commencement of excavation work the permittee
shall furnish the City satisfactory written evidence that he has in
force and will maintain during the life of the permit and the period
of excavating public liability insurance of not less than $100,000
for injury to one person and $500,000 for one accident and property
damage insurance of not less than $1,000,000.
E. Record of permits. A record of all permits issued under the provisions
of this section by the City Engineer or designee shall be kept in
his office. The record shall state the name of each applicant and
the facts as to the location, purpose of excavation, and time when
the work is to begin and when work is to be completed. The record
shall be open to public inspection.
F. Protection of public.
(1) Every person shall enclose with sufficient barriers each opening
which he may make in the streets or public ways of the City. All machinery
and equipment shall be locked or otherwise effectively safeguarded
from unauthorized use when not being used by the permittee, his agents
or employees.
(2) Amber lights or torch lamps shall be kept burning from sunset to
sunrise, one amber torch lamp to be placed at each end of the opening
in the street or way, and other lights sufficient in number and properly
spaced to give adequate warning.
(3) Except by special permission of the City Engineer or designee, no
trench shall be excavated more than 250 feet in advance of pipe laying
or left unfilled more than 500 feet where pipe has been laid. All
necessary precautions shall be taken to guard the public effectively
from accidents or damage to persons or property through the period
of the work. Each person making such opening shall be held liable
for all damages, including costs incurred by the City in defending
any action brought against it for damages as well as costs of any
appeal, that may result from the neglect by such person or his employees
of any necessary precautions against injury or damage to persons,
vehicles or property of any kind.
G. Replacing street surface. In opening any street or sidewalk, the
paving materials, sand, gravel, and earth or other materials moved
or penetrated and all surface monuments or shrubs must be removed
and replaced as nearly as possible in their original condition or
position and in the same relation to the remainder as before. Any
excavated material shall be replaced with approved backfill material.
All rubbish shall be immediately removed, leaving the street or sidewalk
in perfect repair. Upon issuance of a permit to excavate, there shall
be paid to the City a fee for a normal road cut 36 inches wide, 1/2
of the width of the road, and a fee for a normal road cut 36 inches
wide and the full width of the road. These fees from time to time
will be established by resolution of the Common Council. This fee
may be waived for utility companies if they patch the roadway to City
standards. Openings greater than 36 inches wide or any unforeseen
damages will be billed to the contractor at the Public Works and Development
Director or designee's discretion. The asphalt must be saw cut
before removal. The trench must be backfilled with a 50/50 slurry
backfill to within five inches of the surface of the pavement and
extending five feet beyond the pavement into the shoulder area. The
remaining five inches shall be topped off with three-fourths-inch
traffic bond firmly compacted to meet the grade of the existing asphalt
road surface. The Public Works and Development Department will replace
the asphalt road surface. Notice must be given to the Public Works
and Development Director or designee 12 hours in advance of the time
of placing the slurry backfill and an inspector from the Public Works
and Development Department must be on site during slurry placement.
The provisions of this subsection shall not apply to City public utilities
or the City.
[Amended 4-23-1992 by Ord. No. 748]
H. Excavation in permanently improved streets. Whenever the City determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 60 days before the work of improvement or repaving shall begin. Immediately after such determination by the Public Works and Development Director or designee, the City Clerk shall notify, in writing, each person owning property adjacent to the above-mentioned streets and all utilities, City departments or other agencies owning or controlling any sewer, water main, conduit or other utility in or under said street that all such excavation work in such street must be completed within 60 days. After such improvement or repaving, a road opening permit must be obtained in compliance with Subsection
G. In addition to the permit fee, the following fees will be charged as reimbursement for the cost of regulating such road openings, recognizing that such openings will necessitate long-term and continued maintenance by the City: $3,000 during the first year after improvement, $2,500 during the second year after improvement, $2,000 during the third year after improvement, $1,500 during the fourth year after improvement, and $1,000 during the fifth year after improvement. Beginning the sixth year after improvement, the normal road cut ordinance will again be in effect.
[Amended 4-23-1992 by Ord. No. 748]
I. Emergency excavation authorized. In the event of any emergency, any
person owning or controlling any sewer, water main, conduit or utility
in or under any street and his or her agents or employees may take
immediate emergency measures to remedy dangerous conditions for the
protection of property, life, health or safety without first obtaining
an excavation permit. Such permit shall be obtained no later than
the end of the next succeeding business day, and no permanent repairs
shall be made without first obtaining an excavation permit hereunder.
[Amended 4-23-1992 by Ord. No. 748]
J. City work excluded. The provisions of this section shall not apply
to excavation work under the direction of the Public Works and Development
Director or designee by City employees or contractors performing work
under contract with the City necessitating openings or excavations
in City streets.
[Amended 4-23-1992 by Ord. No. 748]
K. Excavation by public utilities. In lieu of the bond required in Subsection
C, the certificate of insurance required in Subsection
D and the deposit required in Subsection
G, but prior to the issuance of any permit required hereby, public utilities shall file with the City an indemnity agreement conditioned upon compliance with the terms of this section and indemnifying and saving harmless the City from any and all liability and claims for damages arising out of or resulting from work and labor performed by them for which permits are required hereby. If restoration of the public way is required, no further permits shall be issued to the utility involved until restoration has been completed and approved by the Public Works and Development Director or designee or the cost of the same has been paid by the utility.
[Amended 4-23-1992 by Ord. No. 748]
[Added 2-18-1999 by Ord. No. 979]
A. To request the renaming of a City street, by anyone other than the
City, a petition signed by at least 50% of all property owners along
the street in question shall be submitted to the Public Works and
Safety Committee for recommendation to the Common Council. Petition
signatures shall be limited to one per parcel. Naming shall be accomplished
through adoption of a formal resolution by the Common Council.
[Amended 4-22-2004 by Ord. No. 1169]
B. For streets within a recorded subdivision or certified survey map,
an affidavit of correction shall be recorded with the Register of
Deeds as specified under § 236.295, Wis. Stats.
C. All costs associated with the naming, including the cost of any recording
necessary and the cost of signage, shall be paid by the person(s)
submitting the request. This cost may be waived by the Common Council.
Any person who shall violate 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 this Code.