[HISTORY: Adopted by the Common Council of the City of Monona
§§ 6-1-1 to 6-1-11 of the 1994 Code; amended in its
entirety 1-17-2023 by Ord. No. 12-22-761. Subsequent amendments noted
where applicable.]
A.
On file in the office of the City Engineer. The grades of all streets,
alleys and sidewalks as established by the Common Council shall be
kept on file in the office of the City Engineer.
B.
Recorded by the City Clerk. The grades of all streets, alleys and
sidewalks shall be established and described and the adoption of such
grades and all alterations shall be recorded by the City Clerk. No
street, alley or sidewalk shall be worked until the grade thereof
is established.
C.
Altering grades prohibited. All persons are prohibited from altering
the grade of any street, alley, sidewalk or public ground, or any
part thereof in the City by taking from or adding to the surface of
such street, alley, sidewalk or public ground, and from digging, plowing
or otherwise changing or disturbing the surface thereof unless authorized
or instructed to do so by the City Engineer.
A.
Permit required. No person, utility, entity, contractor or subcontractor
shall perform any work, nor make or cause to be made any excavation
on property owned or controlled by the City of Monona or, in, over
or under any right-of-way, street, alley or sidewalk in the City without
first obtaining from the Public Works Director a written permit therefor.
The permit fees shall be as set forth in the Fees, Fines and Penalties
Schedule. The permit fees shall double for all work commenced prior
to issuance of all required permits. The Public Works Director and
the Street (Right-of-Way) Permit Program Manager may order all work
commenced prior to issuance of all required permits to immediately
cease.
B.
Minimum standards and affidavit of compliance.
(1)
Before a permit may be issued to perform any work on or use municipal
property or a municipal-controlled public right of way, all contractors
and subcontractors performing work under the permit must file an affidavit
providing the following:
(a)
Proof of authorization or registration to transact business
in the state by the Department of Financial Institutions in compliance
with Chs. 178, 179, 180, 181, or 183;
(b)
A representation and warranty that the entity is not, at the
time of submission of the permit application, debarred by any federal
or state agency;
(c)
A representation and warranty that the entity is familiar with,
and agrees to follow, Wisconsin's one call requirements, Wis. Stat.
§ 182.0175, for the project, maintains a safety program,
has not been in OSHA's severe violator enforcement program in the
previous two years, and whatever additional information the department
may require to ensure that the entity will safely perform the work;
and
(d)
A copy of the written plan meeting the requirements of Wis.
Stat. § 103.503(3) and a representation and warranty that
the entity is in compliance with the testing requirements set forth
in Wis. Stat. § 103.503(3)(a)2.
(2)
A contractor or subcontractor failing to provide the required affidavit,
or failing to meet the affidavit criteria, shall not be allowed to
excavate within, or place any facilities within, over or on, any municipal
property or municipal-controlled right-of-way.
C.
Excavator to save City harmless. The application for the permit shall
state the purpose for which the permit is desired and the location
of the proposed excavation, which shall contain an agreement that
the applicant will pay all damages to persons or property, public
or private, caused by the applicant, the applicant's agents, employees
or servants in the doing of the work for which the permit is granted,
and that the applicant will save the City free and harmless of any
damages or claims against it by reason of the execution of the work
for which the permit is granted. Any applicant may be required as
a condition to the granting of a permit, in the discretion of the
Council, to file an undertaking in such amount as the Council shall
determine to leave the street, sidewalk or alley in as good condition
as the same was in when the work was commenced; to at all times keep
the place where the excavation is made properly guarded by day and
lighted by night; and to save the City harmless from any and all damages,
costs and charges that may accrue from the applicant's use of such
street, alley or sidewalk by reason of such excavation.
D.
Permit does not grant occupancy privilege. No permit for an excavation
granted under this section shall convey or grant any privilege to
occupy the space within or below any street or sidewalk or any utility,
vault, pipe, drain or any other thing.
E.
Size and closing of excavations. When excavations are made under
the provisions of this section, the excavation shall not be larger
and shall not be left open longer than the necessities of the work
demand.
F.
Materials from excavation not to interfere with public. In opening
any street or other public way, all materials for paving or ballasting
shall be removed with the least possible injury or loss and, together
with the excavated material from the trenches, shall be placed where
the least practicable inconvenience to the public will be caused and
admit free passage of water along the gutters.
G.
Openings to have protection. All openings made in the public streets
or alleys in accordance with permission given pursuant hereto shall
be enclosed with sufficient barriers, approved lights or flashers,
which shall be maintained upon the same at night, and all necessary
precautions shall be taken to prevent accidents.
H.
Materials to be replaced. In opening a trench on any street or lot,
the sidewalk materials, sand, gravel and earth, or whatever material
is removed or penetrated, shall be replaced in a manner satisfactory
to the City Engineer and any remainder removed at once, leaving the
street or sidewalk in perfect repair, and shall be so maintained for
a period of one year thereafter. In addition, all gas, water and electric
lines or conduits must be protected from injury or settling in a manner
satisfactory to the City Engineer. In refilling the excavation, all
earth, stone and screenings shall be thoroughly and properly tamped
and the surface of the street, sidewalk or alley left in as good condition
as the same was in before the excavation was made.
I.
Paved streets. When any excavation is made in a permanently paved
road or street or in any road or street which at any time is to be
permanently paved, all clay or hardpan must be removed and the excavation
entirely backfilled with sand or gravel or other required material
thoroughly wet and consolidated or tamped in six-inch layers. The
excavation requirements set forth in § SPS 332.38, Wis.
Adm. Code, and 29 CFR 1926.651, as may be amended from time to time,
are hereby incorporated by reference and shall govern such construction.
J.
No excavation when ground frozen. No excavation in the streets, alleys
or other public ways shall be permitted when the ground is frozen,
except as approved by the City Engineer.
No person shall place or allow within the vision triangle at
any intersection in the City, without written permit granted by the
Common Council, an obstruction between 30 inches and 120 inches in
height that blocks the view of motorists, pedestrians or bicyclists
using any City street. "Vision triangle," as used herein, means that
area defined by the formula found in Exhibit A.[1]
[1]
Editor's Note: Exhibit A, Sight Distance Requirements at Side Roads and Ramps, is attached to this chapter.
A.
The intention
of the Common Council is to ensure the streets and sidewalks of the
City are maintained on a regular and ongoing schedule as necessary
to ensure public safety and welfare. As such, whenever possible, consistent with prudent budgetary
considerations, the cost for the initial construction of sidewalks
in residential areas should be paid by the City. Whenever budgetary
considerations require a portion of the initial construction of sidewalks
to be paid by abutting property owners, the property owner share should
be as minimal as possible and apportioned in a fair and equitable
manner.
B.
City Engineer to establish. New and reconstructed sidewalks shall
be of concrete and constructed in substantial accordance with the
specifications prescribed by the City Engineer.
C.
Driveway approaches. Driveway approaches must be established for
each lot in advance of the sidewalk construction and shall be clearly
marked on the plans.
D.
Grade for sidewalks; locations. Whenever the Council shall order
construction of a sidewalk, the City Engineer shall immediately survey
and stake out the location and grade of the same if a grade has been
established; and where no grade has been established as ascertained
by the records, the Engineer shall prepare and report a grade for
the approval of the Council, and when the same shall be established
shall stake out the sidewalk as ordered by the Council. No sidewalk
shall be laid under this section until a grade therefor has been established
by the Council. No person shall construct any sidewalk except in accordance
with such approved location and established grade, except with the
permission of the Council.
E.
Construction and repair of sidewalks. The provisions of § 66.0907,
Wis. Stats., relating to the construction and repair of City sidewalks
so far as applicable to the City, are adopted by reference.
F.
Assessment and repair – streets.
(1)
Policy principles.
(a)
The following principles underlie this portion of the article:
[1]
The first time a street is improved to a "standard" street,
the City and the owner will share in the cost as outlined herein.
[2]
The defining characteristics of an improved street is a concrete
curb and gutter. Once concrete curb and gutter have been installed,
subsequent reconstruction of the standard street will be paid for
entirely by the City.
[3]
Any requests for the construction of nonstandard street shall
be subject to review and recommendation by the Public Works Committee
to the Common Council. The total cost of a nonstandard street is to
be paid by the abutting property owners, unless otherwise determined
by the Common Council.
(b)
COLLECTOR STREET
CONCRETE CURB AND GUTTER
MUNICIPAL ARTERIALS
NONSTANDARD STREET
STANDARD STREET
Definitions. As used in this section, the following terms shall
have the meanings indicated:
As set forth in the State of Wisconsin Department of Transportation
Certified Mileage List.
Includes any design recommended by the Wisconsin Department
of Transportation (WISDOT or by the American Association of State
Highway and Transportation Officials (AASHTO).
As set forth in the State of Wisconsin Department of Transportation
Certified Mileage List.
A street without curb and gutter.
A standard local street is an improved street with a twenty-eight-foot-wide
bituminous concrete surface with concrete curb and gutter. The total
width back to back of curb shall be 33 feet. The Public Works Committee
may approve a greater or lesser width on a case-by-case basis.
(2)
Improvement of streets. All local residential streets shall be improved as funds permit and as authorized in any calendar year by the Council by constructing a standard street as defined in Subsection F(1).
(3)
Municipal arterials and collector streets shall be improved as funds
permit, according to standards and specifications approved by the
Common Council.
(4)
Reconstruction as a nonstandard street. The Public Works Committee
may approve the reconstruction of a local street with a nonstandard
design if the Committee finds that such design is not contrary to
public health, safety and welfare.
G.
Specifications as to materials used in construction. The depth, width,
type, gradation strength requirements, etc., of all materials shall
be as recommended by the City Engineer and approved by the Public
Works Committee.
H.
Costs. In streets reconstructed, the City shall assume 40% of the
cost of improvement, and the abutting property owner shall assume
the sixty-percent balance of such cost, according to the following
formula: The cost for the initial construction of a "standard street"
shall be apportioned 40% to the City and 60% to abutting property
owners. The cost for subsequent reconstruction of a standard street
shall be paid by the City. The cost for reconstruction of a nonstandard
street shall be paid by the abutting property owners, unless the Council
determines to apportion the cost otherwise. Costs shall be assessed
according to the following formula:
(1)
The cost per assessable front foot of property involved is the total cost as outlined in Subsection H(7) below of the improvement divided by the total assessable footage.
(2)
On corner lots, the front footage (i.e., the width of narrow side)
shall be assessed in full; the side footage (i.e., the depth or length
of the lot) shall be assessed at 50% of the length of the "long side
at the street."
(3)
A lot fronting on two streets shall be assessed in the following
manner:
(a)
If such is not divisible into another (or more) buildable lot(s),
the front frontage shall be assessed in full and the rear frontage
shall be assessed at 50% of its rear frontage.
(b)
If such lot is divisible into another or more buildable lots,
both front and rear frontages shall be assessed in full.
(4)
Nondivisible lots fronting on a dead-end street or lots on culs-de-sac,
with less than 60 feet of frontage, shall be given a benefit assessment
of 60 feet.
(5)
An interior "pie-shaped" lot shall be assessed at 50% of its frontage,
but in no case shall the assessment be for less than 60 feet. A "pie-shaped"
lot is defined as a lot having only three sides. An "interior lot"
is defined as any lot not being on a corner of two streets.
(6)
Any time a lot is assessed for special assessments, there shall be
a minimum assessment based on 60 feet of frontage, regardless of any
other provision of this Code.
(7)
In streets reconstructed in the City, the abutting property owner
shall assume 60% of the cost of street improvements based on a standard
section shown on the diagram marked "Profile of Typical Residential
Street"[1] (the twenty-eight-foot local street width or its twenty-eight-foot
equivalent in other streets). The costs shall be computed on the basis
of the average actual unit quantity bid prices for street projects
let by the City in the year of construction. Notwithstanding the provisions
of this section, no person shall pay an assessment which, when added
to any state or federal funding for such project, causes the revenues
to exceed the cost of the project. If possible, the unit quantities
for the specific project being assessed shall be used. The costs include,
but are not limited to, up to 20% added on for City engineering, contingency
and administrative costs. The City shall assume all remaining project
costs beyond the abutting property owners' sixty-percent share of
the typical street cross section.
[1]
Editor's Note: Said diagram is attached to this chapter.
A.
Width of driveway. No lot shall have more than 1/2 of any frontage
on any street in driveway openings, except that the Public Works Committee
may, upon showing of hardship, grant exceptions to permit driveway
openings covering more than 1/2 of the street frontage.
B.
Concrete aprons. No concrete driveway apron shall extend beyond the
lot line until the abutting street has been improved with curbs and
utilities.
C.
Radius of driveway approach. The radius of driveway approaches to
filling stations, public garages and public parking areas from the
curb shall be five feet.
D.
Distance of driveway from sidewalk. The edge of the driveway nearest
the corner at the outside edge of the sidewalk from the street line
extended shall be not less than 10 feet in the case of filling stations,
public garages and public parking areas.
E.
Engineer may determine width. The City Engineer may determine the
width of any "unbroken" driveway which is more than 30 feet wide at
the outer edge of the sidewalk for which application for consent is
made; the purpose of this subsection is to give the City Engineer
discretionary power to limit the width of such driveways in excess
of 30 feet at the outer edge of the sidewalk in proper cases where
the safety of the general public will be preserved. The word "unbroken"
as used in this subsection means unbroken by safety island 10 feet
in length along the street line. The sidewalk crossed by such driveway
shall not have more than one-fourth-inch-per-foot pitch toward the
gutter.
F.
Pump islands. No part of any pump island shall be closer than 10
feet to a street line, and such islands shall be so placed that no
part of any vehicle will encroach or stand in the street while such
vehicle is being served.
No person shall deposit any brine, salt, grass, leaves, dirt,
gravel, snow, ice or other rubbish in any street, alley or public
place in the City, and no person shall deposit or permit to be deposited
in or upon any street, alley, driveway or public place or in or upon
any road or pleasure drive which is under the police jurisdiction
of the City any articles liable to injure any person or the wheels
or tires of vehicles.
A.
No person shall unnecessarily obstruct or cause to be obstructed
any street, alley, crosswalk or sidewalk so as to interfere with public
traffic.
B.
Any person or utility and any officer or employee of the City who
shall block or obstruct the traveled portion of any street or improved
alley shall immediately notify the Fire Chief and/or the Police Chief
in writing of such fact, stating where all such obstructions are placed
or excavations made and the probable length of time the same shall
so remain, and on the removal of such obstacle and the opening of
such portion of the street or alley for travel, such person causing
the obstacle shall immediately notify the Fire Chief and/or Police
Chief in writing that such obstacle has been removed and that the
street or alley is open for travel.
A.
The owner, occupants or person in charge of each lot or part of lot
shall remove all snow and ice which may have fallen or accumulated
on the sidewalk and crosswalk ramps/openings abutting such lot and
shall, if necessary, spread sand, salt, ashes or other material on
the sidewalk and crosswalk ramps/openings to keep them clear and prevent
them from being or becoming slippery. The person responsible for maintaining
the sidewalk and crosswalk ramps/openings as outlined above shall
clear the sidewalk and crosswalk ramps/openings of accumulated snow
and ice as soon as possible, but in no event later than 24 hours after
such snow and ice cease to accumulate. Sidewalks and crosswalk ramps/openings
shall be cleared to the full width of the sidewalk and crosswalk ramp/opening.
Any person violating this section shall, in addition to being subject
to citation and forfeiture, be primarily liable for any damage resulting
from the failure to properly maintain the sidewalk and crosswalk ramps/openings
in safe condition.
B.
The Department of Public Works shall cause all sidewalks and crosswalk ramps/openings which shall not have been cleared of snow and ice as above described to be cleared upon default of the person whose duty it shall be to clear the same. The Department of Public Works shall keep an accurate account of the expenses so incurred in front of each lot or parcel of landing accordance with the Public Works Special Services Fee Schedule. The expenses shall be billed to the owner of record for each lot or parcel of land, and payment shall be due within 30 days of the date of the invoice. If the charges are not paid within said period of time, they shall be entered in the tax roll by the Clerk as a special tax against the appropriate lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate. Prosecution under Subsection A of this section shall not bar the City from proceeding under Subsection B of this section, nor shall proceeding under Subsection B bar prosecution under Subsection A.
C.
No person shall deposit snow or ice on another person's property
without his/her consent.
No downspouts from any building shall terminate on or upon, or in such position that the contents of such spout be cast upon or flow back or over any public sidewalk in the City. When the eaves of any building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in § 1-4 of the Code.
No person shall injure or tear up any pavement, sidewalk or
crosswalk, or any sodded or graveled shoulder, on any public street.
A.
Street numbers.
(1)
All lots and parts of lots and parcels of unplatted land in the City
shall be numbered in accordance with the map on file in the office
of the City Clerk designated "A Street Numbering Map," dated May 21,
1951. All lots and parts of lots hereafter platted or otherwise subdivided
shall be numbered to conform as nearly as possible to the general
scheme of numbering as outlined on such map.
(2)
Each owner or occupant of any building fronting upon any street shall,
within 20 days after the completion of such building, attach securely
or apply to the first or ground story of such building, so that same
can be plainly seen from the street, the proper number of such building,
as inscribed upon such map, in figures not less than 2 1/2 inches
high for single- and two-family residential structures and not less
than six inches high for multifamily and commercial/industrial structures,
and such owner or occupant shall at all times keep such number so
attached or applied. In addition, the owner of said property may also
paint or have painted the address number on the curb in front of the
premises. The numbers shall be painted by stencil in reflective paint.
(3)
If the owner or occupant of any building required by this section to be numbered shall neglect for 20 days to attach and maintain the proper numbers on such buildings, the Building Inspector shall serve on him or her a notice requiring such owner or occupant to properly number the same, and if he or she neglects to do so for 10 days after the service of such notice, he or she shall be subject to a penalty as provided in § 1-4 of the Code.
Any person who violates any provision of this chapter is subject to a penalty as provided in § 1-4 of the Code. In addition to all City law enforcement officers, the Public Works Director and the Street (Right-of-Way) Permit Program Manager are authorized to issue citations for violations of any provision of this chapter.
