Article III General Regulations

It shall be the duty of the abutting owner to build, repair, construct and perpetually maintain sidewalks along or upon any street, alley or highway in the Village of Belgium and to pay the entire cost thereof. Whenever the Village Board shall, by resolution, determine that a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the Village of Belgium, it shall proceed according to § 66.0907, Wis. Stats.

All sidewalks within the Village of Belgium hereafter shall be repaired, rebuilt and constructed in accordance with the specifications of this section.

Standard specifications for sidewalk.

General. Concrete sidewalk construction shall meet the specifications and provisions set forth in this section and shall be constructed in locations and to line and grade as established by the Village. The first line and grade will be free of charge. If the property owner does not immediately follow with construction and a new grade and line are required, a fee for such work shall be assessed to the property owner.

Grading. Prior to construction, ground on which sidewalks are to be placed shall be brought to within six inches of subgrade by the Village.

Subgrade. Subgrade shall be two inches of sand fill, thoroughly and uniformly compacted and brought to correct grade placing of concrete and thoroughly wet down immediately before concrete is placed. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed.

Concrete. The minimum quantity of cement per cubic yard shall be six sacks of 94 pounds each. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 3,000 pounds compression in 28 days.

§ 236-11 Occupancy of public rights-of-way.

Forming. Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar, and all forms shall remain in place for 24 hours after pour.

(6)

Jointing, floating and finishing. Soon after screening and while the concrete is still plastic, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curbline, a one-half-inch expansion joint shall be placed. Transverse expansion joints 1/2 inch thick and four inches wide and five feet long or premolded material shall be located every 30 feet. Sidewalks must be marked off to make blocks five foot square and be at right angles to the parallel lines. Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts curb and gutter shall have one-half-by-four-inch expansion joints of premolded material.

(7)

Slope. All forms must be approved by the Village, at actual cost to the Village, before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of 1/4 inch per foot of width of sidewalk. All joints and edges shall be finished with a one-fourth-inch radius edging tool. Sidewalks shall be constructed within the limits of the street, and, unless otherwise specifically indicated, there shall be a one-foot strip of street property left between the property line and the edge of the sidewalk.

(8)

Width and thickness. Residential walks shall be four feet in width and not less than four inches thick, except within driveway approaches where the minimum thickness shall be six inches and butt to established grade line. Sidewalk width in front of commercial or industrial establishments shall be determined by the Public Works Committee.

[Amended 10-11-2010 by Ord. No. 22-10]

(9)

Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish in transverse direction. Edges and joints shall be given a finish with a one-fourth-inch radius edging tool. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather (below 50º F.) for 96 hours.

(10)

Curing. Concrete shall be kept moist by sprinkling, covering or a combination of both for a minimum of five days.

(11)

Cold weather requirements. When the temperature is less than 40º F., all concrete placed in the forms shall have a temperature between 50º F. and 70º F. and shall meet the requirements as per Wisconsin Department of Transportation specifications for cold weather concrete.

Repair or replacement of defective sidewalks. Pursuant to § 66.0907, Wis. Stats., the Village Board may order at any time property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient. If the property owner shall fail to so repair or remove and replace such sidewalk within 20 days after service of the notice provided in § 66.0907(3)(c), Wis. Stats., the Village Board shall repair or construct such sidewalk and the Village Clerk shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If a life-threatening situation exists which is caused by a sidewalk in need of repair, the Director of Public Works shall direct the property owner to make repairs within seven days. If the property owner shall fail to repair such sidewalk within the required period, the Village Board shall make the necessary repairs and the Village Clerk shall enter the total cost thereof on the tax roll as a special tax against said parcel.

[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]

Illegal sidewalks. No sidewalk which shall be constructed contrary to the provisions of this section shall be considered a legal sidewalk, and the same may be ordered to be replaced with a legal sidewalk and with one that is in conformity with this section the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.

[Amended 5-9-2016 by Ord. No. 4-16]

General provisions.

Purpose and findings.

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, degradation and excavations taking place 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 are safe for public use, and to ensure that facilities are timely maintained, supported, protected or relocated to accommodate reconstruction or repairs. The taxpayers of the Village bear the financial burden for the upkeep, maintenance and reconstruction 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.

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.

The Village finds that the aboveground use of public rights-of-way creates special and unique public health, safety and general welfare concerns for the Village, including, but not necessarily limited to, traffic safety, sight-line and vision triangle issues, breakaway design consistent with other public utility pole or structure requirements, public snowplowing and snow storage, property access and parking, obstruction to police, fire and rescue services, and related issues.

The Village finds that delays by occupants of the rights-of-way in maintaining, supporting, protecting or relocating facilities, if they impact public construction projects, have the potential to significantly increase public works project costs borne by the taxpayers. Moreover, the Village finds that some right-of-way occupants have a history of delays and nonresponsiveness.

The Village finds that "right-of-way," by definition, is limited in area, use, and availability, and, as a result, requires regulation and limitation of use and occupancy, subject to all applicable state, federal, and constitutional laws and regulations and the provision of all necessary utility services to the public.

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:

Administrative costs associated with public right-of-way projects, such as registration, permitting, inspection and supervision, supplies and materials.

Management costs associated with ongoing management activities necessitated by public right-of-way users.

[3]

Repair or restoration costs to the roadway associated with the actual excavation into the public right-of-way.

[4]

Degradation costs, defined as depreciation caused to the roadway in terms of decreased useful life due to excavations in the public right-of-way.

(g)

In response to the foregoing facts and findings, the Village hereby adopts this section relating to access 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 in the future. It is intended to complement the regulatory roles of state and federal agencies.

(h)

The purpose of this section is to provide the Village a 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.

Definitions. The following definitions apply in this section. Defined terms remain defined terms, whether or not capitalized.

APPLICANT

Any person requesting permission to excavate, obstruct and/or occupy a right-of-way.

DEGRADATION

The decrease in the useful life of the paved portion of the right-of-way, excluding the sidewalk right-of-way, caused by an excavation of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur.

DEPARTMENT

The Village Department of Public Works.

EMERGENCY

A condition that:

Poses a clear and immediate danger to life or health or of a significant loss of property; or

Requires immediate repair or replacement in order to restore service to a customer.

EXCAVATE

To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.

FACILITIES

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, 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.

LOCAL REPRESENTATIVE

A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this section.

MUNICIPAL CODE

The Municipal Code of the Village of Belgium, as amended.

OBSTRUCT

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.

PERMITTEE

Any person to whom a permit to occupy, excavate or obstruct a right-of-way has been granted under this section or under the Municipal Code.

PERSON

Corporation, company, association, firm, partnership, limited-liability company, limited-liability partnership and individuals and their lessors, transferees and receivers.

PREQUALIFIED CONTRACTOR

A contractor approved by the Department on an annual basis to work in the right-of-way.

PUBLIC UTILITY

Has the meaning provided in § 196.01(5), Wis. Stats.

REGISTRANT

Any person who has registered with the Village to have its facilities located in any right-of-way.

REPAIR

To perform construction work necessary to make the right-of-way useable for travel according to Department specifications or to restore equipment to an operable condition.

RESTORE

The process by which the excavated right-of-way and surrounding area, including pavement and foundation, is reconstructed to Department specifications.

RIGHT-OF-WAY

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.

Administration. The Village Director of Public Works or his/her designee is responsible for administration of the rights-of-way under this section and the permits and any other ordinances related thereto.

Registration for right-of-way occupancy.

Each person who has, or seeks to have, facilities located in any right-of-way shall register with the Department and pay the fee set forth in Subsection D below. Registration will consist of providing application information and paying a registration fee. This section shall not apply to those persons who have facilities in the right-of-way pursuant to a franchise or other agreement.

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 is registered with the Department or is a prequalified contractor.

Nothing herein shall be construed to repeal or amend the provisions of any Village ordinance requiring persons to plant or maintain the parkway in the area of the right-of-way between their property and the street curb or pavement, construct sidewalks or driveways or other similar activities. Persons performing such activities shall not be required to obtain any permits under this section.

Registration information.

The information provided to the Department at the time of registration shall include, but not be limited to:

Each registrant's name, Diggers Hotline registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers.

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 registration.

A certificate of insurance on a form prescribed by the Department.

If the registrant is a corporation, an LLC or LLP, a copy of any certificate required to be filed under Wisconsin Statutes as recorded and certified by the Secretary of State or Department of Financial Institutions.

A copy of the registrant's certificate of authority from the Wisconsin Public Service Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from the Commission or other state or federal agency.

Execution of an indemnification agreement in a form prescribed by the Department.

The registrant shall keep all of the information listed above current at all times by providing to the Department information as to changes within 15 working days following the date on which the registrant has knowledge of any change.

Registration fee. The Department shall charge an annual registration fee in an amount of $50 to recover the costs incurred by the Village for processing and updating registration information.

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 the registrant of known construction plans will be useful to achieve this objective.

Every registrant shall, at the time of registration and 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 registration, if known and approved, the Department's construction and major maintenance plan. The registrant'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:

The locations and the estimated beginning and ending dates of all projects planned to be commenced during the next calendar year; and

The tentative locations and estimated beginning and ending dates for all projects contemplated for the two years following the next calendar year.

By February 1 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 registrants are responsible for keeping themselves informed of the current status of this list.

Thereafter, by February 15 of each year, each registrant may change any project in its list and must notify the Department of all such changes in its list. The Department will make all such changes available for inspection in its office. Notwithstanding the foregoing, a registrant may at any time join in a project of another registrant listed by the other registrant or undertake any maintenance project not listed in the registrant's plan.

Permit to install, excavate, or otherwise occupy right-of-way required.

Permit required. Except as otherwise provided in this section or the Municipal Code, no person shall install facilities, excavate, or otherwise occupy any right-of-way without first having obtained a permit for same from the Department. A copy of any permit issued under this section 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.

Permit application. Application for a permit shall be made to the Department on a form provided by the Village. Permit applications shall contain, and will be considered complete only upon compliance with the requirements of, the following provisions:

[Amended 11-14-2016 by Ord. No. 16-16]

Registration and qualification as a registrant with the Department if required by this section.

Submission of a completed permit application form, including all required attachments. The application shall have three sets of plans attached. The plans shall clearly describe the work to be done and shall include scaled drawings showing any proposed poles and all proposed equipment to be placed on a pole, 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, identify all private and public utilities, structures, and street improvements within the right-of-way area of the work covered under the permit. The plans shall include right-of-way limits, pavement, curb, gutter, sanitary sewer, storm sewer, water main, service laterals, natural gas, electric and communication lines, and utility and light poles. The plans shall provide the frequencies at which any equipment will be operating.

Submission of an interference study certified by a qualified engineer that the operation of the proposed project will not interfere with the radio transmission equipment of other right-of-way users, the Village or other governmental agencies, or nearby property owners.

Submission of evidence that the permittee has contacted nearby property owners to determine whether the proposed project will interfere with the owners' use of their property and whether such interference issues have been resolved to the satisfaction of the property owners.

Payment of all money due to the Village for all of the following:

Applicable permit fees and costs as set forth below;

Subject to Subsection F(2)(f), unpaid fees or costs due for prior excavations;

[3]

Subject to Subsection F(2)(f), any loss, damage, or expense suffered by the Village because of the applicant's prior excavations or occupancy of the rights-of-way or any emergency actions taken by the Village.

The Department shall not deny an applicant a permit because of a dispute between the Village and the applicant related to Subsection F(2)(e)[1] or [3] if:

The dispute has been adjudicated in favor of the applicant;

The dispute is the subject of any appeal filed by the applicant and no decision in the matter has as yet been rendered.

Permit expiration. Once issued, a permit shall be valid for a period of 60 days from the date of issuance. If the work has not commenced within 60 days of permit issuance, the permit shall be null and void, all permit fees shall be forfeited, and a new permit application and fee must be submitted.

Bond. Before a permit may be issued, the applicant shall furnish the Village with an indemnity bond, approved by the Director of Public Works, in the sum of $5,000 or such greater amount as specified by the Director of Public Works, conditioned that the applicant will indemnify and save harmless the Village and its officers from all liability for accidents and damage caused by the work covered by the permit, and conditioned that the applicant will comply with the repair and restoration provisions of Subsection I.

Insurance. Prior to commencement of the work, a permittee shall furnish the Village with satisfactory written evidence that the permittee has in force, and will maintain during the life of the project, public liability insurance of not less than $100,000 for one person, $300,000 for one accident, and property damage insurance of not less than $50,000.

Permit fee. The installation/excavation/occupancy permit fee shall be established by the Department in an amount sufficient to recover the costs incurred by the Village. This fee shall recover administrative and inspection costs, excavation costs, as well as degradation costs. Payment of permit fees shall be collected prior to issuance of the permit. However, the Director of Public Works may establish a fee collection process from governmental agencies and private utilities in order to expedite the permitting system and recognize that work is deemed an emergency.

Waiving of fees. Fees shall not be waived unless the work involved is a direct result of the Director of Public Works' demand that facilities owned by a utility be removed or relocated or unless waived by the Village Board upon review of the Director of Public Works decision.

Fees. The fee for an installation/excavation/occupancy permit shall be reviewed and determined annually by the Public Works Committee and recommendation made to the Village Board for adoption by resolution. Fee amounts shall be based on reasonable assessments of the administrative and field personnel time, materials and equipment in order to review and process the permit and to inspect the work. If a permit expires before the work is started, all fees shall be forfeited. The fee for a permit issued after commencing work, except in cases of emergency as determined by the Directory of Public Works, shall be double the fees set forth herein. This permit fee shall be in addition to any forfeiture provided elsewhere in the Municipal Code. For those permit applications which provide for a substantial undertaking of excavation within the public right-of-way attended by disruption of the general public and traffic, the Director of Public Works 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.

Village exemption. The Village and its contractors shall not pay degradation fees for excavations due to general government functions.

Nonrefundable fees. Permit fees paid for a permit that the Department has revoked are not refundable.

Right-of-way repair and restoration.

The permittee shall be required to repair the public right-of-way to Department specifications, subject to inspection and acceptance by the Department, and to pay a degradation fee, as per Subsection H(4). In addition to repairing its own work, the permittee must repair the general area of the work, and the surrounding areas, including the paving and its foundations, to the specifications of the Department. The Department shall inspect the area of the work and accept the work when it determines that proper repair has been made, per specifications of the Department.

Guarantees. The permittee guarantees its work and shall maintain it for 36 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. The 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 due to circumstances constituting force majeure.

Failure to repair or restore. If the permittee fails to repair or restore the right-of-way in the manner and to the condition required by the Department, or fails to satisfactorily and timely complete all work required by the Department, the Department, 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 repairing or restoring the right-of-way.

Degradation. The general formula for computing the degradation fee shall be the cost per square yard for street, overlay and seal coat multiplied by the appropriate depreciation rate for that street multiplied by the area of the patch. The area of the patch shall be calculated by adding one foot to each side of the actual street cut.

Inspection.

Notice of completion. When the work under any permit hereunder is begun and completed, the permittee shall notify the Department.

Site inspection. The permittee shall make the work site available to 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.

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 well-being of the public. The Village may issue an order to the registrant or permittee for any work that does not conform to 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 registrant or permittee shall present proof to the Department that the violation has been corrected. If such proof is not presented within the required time, the Department may revoke the permit pursuant to Subsection L.

Ongoing management fees. The cost of trimming trees around facilities is an ongoing expense to the Village. Such costs will be determined and a fee to offset costs may be assessed in the future.

Compliance with other laws. Obtaining a permit to install, 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 performs the work.

Revocations, suspensions, refusals to issue or extend permits.

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:

The applicant or permittee is required to register and has not done so.

Issuance of a permit or installation of facilities for the requested date would interfere with an exhibition, celebration, festival or other event.

Misrepresentation of any fact by the applicant or permittee.

Failure of the applicant or permittee to maintain required bonds and/or insurance.

Failure of the applicant or permittee to complete work in a timely manner.

The proposed activity is contrary to the public health, safety or welfare.

(g)

The proposed activity requires aboveground structures causing safety issues, including, but not limited to, sight line safety, vision triangles, breakaway structures, public plowing and snow storage, obstruction to police, fire and rescue services, and related issues with the use of the right-of-way.

(h)

The extent to which right-of-way space where the permit is sought is available.

(i)

The competing demands for the particular space in the right-of-way.

(j)

The availability of other locations in the right-of-way or in other rights-of-way for the facilities of the permittee or applicant.

(k)

The applicability of Village ordinances, or other regulations of the right-of-way, including, but not limited to, §§ 86.16 and 182.17, Wis. Stats., that affect the location, type, height, size and/or use of facilities in the right-of-way.

Discretionary issuance. The Department may issue a permit where issuance is necessary to:

Prevent substantial economic hardship to a customer of the permittee or applicant; or

Allow such customer to materially improve its utility service; or

Allow the permittee or applicant to comply with state or federal law or Village ordinances or an order of a court or administrative agency.

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 Village Board. A request for review shall be filed within 10 days of the decision being appealed. Following a hearing, the Village Board may affirm, reverse or modify the decision of the Department.

Work done without a permit.

Emergency situations. Each registrant 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 registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith and otherwise fully comply with the requirements of this section. If the Village becomes aware of any emergency regarding a registrant's facilities, the Department may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The Village may take such action it deems necessary to protect public safety as a result of the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency.

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 the Municipal Code, pay double the normal fee for the permit, pay double all the other fees required by this section or other provisions of the Municipal Code, 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 section.

Location of facilities.

[Amended 11-14-2016 by Ord. No. 16-16]

Undergrounding. 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. The permittee may not install poles or towers in right-of-way areas where there are no existing utility poles.

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 determination, 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 public health, safety or welfare.

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, the applicant shall pay a fee of $1,000 upon the granting of such permission to defray administrative 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.

Alternative sites. The permittee shall demonstrate to the Department's satisfaction that the permittee is prohibited from:

Using an existing pole or structure (either owned by the permittee or a third party) because such use is technically infeasible, economically prohibitive, or prohibited by law; or

Using a site located outside local rights-of-way because such use is technically infeasible, economically prohibitive, or prohibited by law.

Height. If the proposed project involves installation of a pole that is greater than 75 feet in height, the permittee must demonstrate to the Department's satisfaction that:

The greater height is required to accomplish the permittee's purpose; and

The permittee is prohibited from using existing poles or towers (either owned by the permittee or a third party) to accomplish its purposes because such use is technically infeasible, economically prohibitive, or prohibited by law.

Relocation and protection of facilities. A registrant shall promptly and at its own expense maintain, support, protect or relocate its facilities in the right-of-way whenever the Village, or its agent, acting in its governmental capacity, requests such action to allow for public work in the right-of-way. The Village, or its agent, shall issue a due date for the work to the local representative of not less than 72 hours, which due date shall be reasonable and based upon the actions to be undertaken by the registrant. If requested, the registrant shall restore the right-of-way following the completion of the work. If a registrant fails to perform the action by the due date, the registrant shall be subject to forfeitures as provided in § 1-19 of the Municipal Code. Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities from a right-of-way which has been vacated in favor of a nongovernmental entity unless the reasonable costs thereof are first paid to the person therefor.

Village's right to self-help. In the event that a registrant does not proceed to maintain, support, protect or relocate its facilities as ordered in Subsection O, the Village may arrange to do the work and bill the registrant. The bill shall be paid within 30 days of the date of mailing to the registrant.

Abandoned facilities.

Discontinued operations. A registrant who has determined to discontinue its operations in the Village must either:

Provide information satisfactory to the Department that the registrant's obligations for its facilities under this section have been lawfully assumed by another registrant; or

Submit to the Department a proposal and instruments for dedication of its facilities to the Village.

If a registrant proceeds under this clause, the Village may, at its option:

[a]

Accept the dedication for all or a portion of the facilities; or

[b]

Require the registrant, at its own expense, to remove the facilities in the right-of-way at ground or aboveground level;

[c]

Require the registrant to post a bond or provide payment sufficient to reimburse the Village for reasonably anticipated costs to be incurred in removing the facilities.

However, any registrant who has unusable and abandoned facilities in any right-of-way shall remove it from that right-of-way within two years, unless the Department waives this requirement.

Abandoned facilities. Facilities of a registrant who fails to comply with Subsection Q(1) and which, for two years, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a public nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option:

Abate the nuisance;

Take possession of the facilities; or

Require removal of the facilities by the registrant or the registrant's successor in interest.

§ 236-12 Obstructions and encroachments.

Public utilities. This subsection shall not apply to a public utility, as defined in § 196.01(5), Wis. Stats., that is required to comply with § 196.81, Wis. Stats.

Reservation of regulatory and police powers. The Village, by the granting of a permit to install facilities within, excavate, obstruct and/or occupy the right-of-way, or by registering a person under this section, does not surrender in any manner or to any extent lose, waive, impair or lessen the lawful powers and rights which it now has or which 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 install facilities, excavate, obstruct and/or occupy the right-of-way or of registration under this section, agrees that all lawful powers and rights, regulatory powers, 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 permittee is subject to the regulatory and police powers of the Village to adopt and enforce general ordinances and resolutions necessary to the health, safety and welfare of the public, and is deemed to agree to comply with all applicable general ordinances and resolutions enacted by the Village pursuant to such powers.

Obstructions and encroachments prohibited. It shall be unlawful for any person to encroach upon or in any way obstruct or encumber any street, alley, sidewalk, terrace area, parkway, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment, obstruction or encumbrance to be placed or remain on any public way adjoining the premises of which he or she is the owner or occupant, except as provided in Subsections B and C. It shall be unlawful for any person to erect or locate any basketball structure or play equipment on any street, alley, sidewalk, terrace area, parkway, public grounds or land dedicated to public use, or any part thereof.

[Amended 6-9-2008 by Ord. No. 11-08]

Exceptions. The prohibition of Subsection A shall not apply to the following:

Temporary encroachments or obstructions authorized by permit pursuant to § 66.0425, Wis. Stats.

[Amended 9-13-1993 by Ord. No. 27A-93]

Building materials for the period authorized by the Director of Public Works which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with the flow in the gutters.

Excavations and openings permitted under § 236-11 of this chapter.

Signs or clocks attached to buildings which project not more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.

Awnings which do not extend below any point seven feet above the sidewalk, street or alley.

Removal by Village of sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any Village enforcement official determines that a sidewalk is unlawfully obstructed in violation of this section, he shall issue a written notice to the owner or occupant of the premises which adjoins the obstructed sidewalk directing that the obstruction be removed within 24 hours.

Removal by Village of obstruction and encroachments located in the Village streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if any Village enforcement official determines that a Village street, alley, public ground or land dedicated for public use is obstructed or encumbered, he shall issue a written notice to the property owner of the premises which adjoins the obstructed public area directing that the obstruction be removed within 24 hours.

Failure to remove obstruction.

[Amended 3-8-2010 by Ord. No. 2-10]

If the owner or occupant fails to remove the obstruction within the time period established in Subsection C or D, respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

The failure of the Village Clerk to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the Village expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

§ 236-13 Blocking free passage.

Obstructing streets. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

Blocking sidewalk prohibited. No person shall block any sidewalk by obstructing the same so that it is impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street.

Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location that it is impossible for any pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street. If two or more persons are engaged in talking while stopped on a sidewalk, they shall not stand in such locations as to completely prevent any pedestrian from passing them on the sidewalk.

As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

BLOCK

To interfere with unobstructed travel by any means, including but not limited to standing on the part of the walk that is fit for travel or placing any object or vehicle whatsoever on such walk.

SIDEWALK

Any sidewalk owned or maintained by the Village. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.

§ 236-14 Snow removal.

Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice within 24 hours from the time the snow ceases to accumulate on said sidewalk. Sidewalks are to be kept clear of snow and ice to a minimum of four feet in width. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with material to accelerate melting or prevent slipping.

Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A, the Director of Public Works or Village law enforcement officers shall take the following action:

Hazardous conditions. If the Director of Public Works or Village Marshal determines that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and ice be removed within two hours from the delivery of the notice. In the event the property owner, occupant or person in charge of said parcel or lot is unavailable to receive a written notice, the Director of Public Works or Village Marshal shall immediately cause the removal of the snow and/or ice. The Director of Public Works or Village Marshal shall send a written notice to the last-known address of the property owner notifying him that a hazardous condition existed which required immediately abatement.

Nonhazardous conditions. If the owner, occupant or person in charge of the subject parcel or lot fails to remove the snow within the time period established in Subsection A, the Director of Public Works or Village Marshal shall cause the issuance of a written notice to said owner, occupant or person in charge of the subject parcel or lot directing the responsible person (as defined) to remove said snow and ice no later than 12:00 p.m. of the day following the issuance of said notice. The written notice shall be hand delivered or mailed to the last-known address of the owner of the subject property as identified on the records in the Village Clerk's office.

[Amended 3-8-2010 by Ord. No. 2-10]

Snow and ice not to encroach. No person shall push, shove or in any way deposit any snow or ice onto any public street, alley, sidewalk or public lands dedicated to public use, except for parcels or lots located where existing buildings are constructed within five feet of the street right-of-way and the sidewalks exist from the Village right-of-way to the curbline. In such instances, the owners, occupants and/or employees of parcels or lots shall be permitted to deposit snow and ice from their sidewalks only onto the public streets. Snow from public sidewalks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access. The deposit of any snow or ice upon any sidewalk, alley or street of the Village contrary to the provisions of this section is a nuisance, and, in addition to the penalty provided for violation of this section, the Village may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice had been removed.

Enforcement. The Director of Public Works, his designees, and the Village Marshal are hereby authorized and directed to enforce the provisions of this section.

Continued violations. Each twenty-four-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.

Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection B(1) and (2) after receiving a written notice shall result in the Director of Public Works causing the removal of said snow and/or ice.

Expense. An account of the expenses incurred by the Village to abate the snow and/or ice hazard shall be kept, and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the last-known address of the owner of the parcel or lot and shall be payable within 10 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as a special tax as provided by § 66.0907(5), Wis. Stats.[1]

[Amended 3-8-2010 by Ord. No. 2-10]

§ 236-15 Maintenance of property within public right-of-way.

Editor's Note: Original Sec. 6-2-5(g), Penalty, which immediately followed this subsection, was deleted 1-12-2004 by Ord. No. 3-04. See now § 236-23, Violations and penalties.

[Amended 9-13-1993 by Ord. No. 27A-93; 8-13-2012 by Ord. No. 19-12]

Definitions. As used in this section, the following terms shall have the meanings indicated:

MAINTAIN

The establishment and cutting of common turf grasses such as fescues, ryegrass and bluegrass. Cutting methods shall include, but not be limited to, lawn mower, string-line trimmer or other device that provides a neat and uniform appearance. Grass cutting shall be conducted at a frequency to maintain a maximum height of four inches.

PARKWAY

The area located between the curb or gutter and the sidewalk.

Responsibility to maintain. The owner of record of property located within the Village shall maintain the parkway, drainage ditch, or other unpaved surface located within the public right-of-way which abuts the property. If there is no sidewalk abutting a property, then the area from the edge of the street pavement or curb or gutter to the property line shall be maintained. If the owner fails to maintain the public right-of-way as required herein, the Village may, after giving at least five days’ written notice by mail to the owner, undertake the required maintenance and charge the cost thereof to the abutting property owner.

Other uses prohibited. The public right-of-way between the street pavement or curb or gutter and the property line shall be kept free and clear of all noxious weeds and shall not be paved, surfaced or covered with any material that will prevent the growth of grass, except where permission has been granted by the Village or its designee. The planting of trees, shrubs, bushes, or the establishment of planters or flower beds within the public right-of-way is prohibited, except where permission has been granted by the Village or its designee.

§ 236-16 Downspouts, eaves and sump pumps.

[Amended 5-14-2001 by Ord. No. 14-01]

Downspout, eave or sump pump discharge not to drain on sidewalks or streets. No downspout, eave or sump pump discharge from any building shall terminate on or upon or in such position that the contents thereof are cast upon or flow back or over any public sidewalk or street in the Village. When the eaves of a 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 downspouts, eaves or sump pumps are maintained contrary to this section shall be subject to a penalty as provided in § 236-23.

Required connection of downspout, eave or sump pump to storm sewer. For all properties for which a building permit is issued after September 15, 2000, the property owner shall connect and discharge the downspouts, eaves or sump pump on said property to a storm sewer lateral running from the building to the street lot line, which lateral shall be connected to the storm sewer lateral installed pursuant to § 168-60D of this Code or to any catch basin located on the property.

[Amended 10-13-2014 by Ord. No. 8-14]

Connection plan approval required. No property owner may connect a downspout, eave, or sump pump to an existing storm sewer or catch basin without first submitting a connection plan to the Village Board and obtaining Village approval of the connection plan. A request by a property owner to connect to a Village storm sewer or catch basin shall be presented to the Village Board on or before August 1 to be considered for installation in the following year.

[Added 4-8-2013 by Ord. No. 3-13; amended 10-13-2014 by Ord. No. 8-14]

Downspout, eave or sump discharge not to drain on adjacent property. In areas where storm sewers are not available, downspouts, eaves or sump pumps shall discharge onto the surface and shall be directed toward the rear lot line and shall not be directed as to flow on adjacent property. Discharge from a downspout, eave or sump pump shall not create a nuisance. The downspout, eave or sump pump discharge shall be considered a nuisance in situations including, but not limited to, such discharge creating ponds of standing water or flowing over adjoining property.

[Added 10-13-2014 by Ord. No. 8-14]

§ 236-17 Sale or display of merchandise; special event vending permit. [1]

Street sales prohibited except by permit. No person shall display, sell or offer to sell on any street, sidewalk, alley or other public place within the Village any goods, wares, foodstuffs or anything of value or service of any kind by putting up a booth or stopping a vehicle or person on foot or in any other manner attempting to publicly sell or offer for sale any such articles, unless such person shall have first applied for and obtained a special event vending permit from the Village Clerk. Such permit shall enable holders to conduct their business in all enumerated areas subject to the limitations of this section. A special event vending permit shall be obtained where the vending is done by a participant in a special event and where such vending is an integral part of the event. However, where the vending is to occur in connection with a Village or area-wide promotion of community trade or festival sponsored or coordinated by an organization, the sponsoring organization shall obtain the special event vending permit as agent for its participating members.

[Amended 3-8-2010 by Ord. No. 2-10]

Permit procedure.

[Amended 3-8-2010 by Ord. No. 2-10]

Application for a special event vending permit shall be filed with the Village Clerk and shall contain such information as the Village Clerk may require. Licenses shall be signed by the Village Clerk and shall be conspicuously displayed at the place where such sales are being made. The permit shall set forth the exact days on which and the exact location where such business shall be carried on and shall be valid only during the dates and at the locations specified. Where a sponsoring organization is the applicant, the applicant shall provide the Village Clerk with a complete list of sponsors and participants at the time of making application.

Upon receipt of an application for a permit, the Village Clerk shall review the information given on the application for conformity with the provisions of this section. If all the applicable requirements are clearly and unambiguously met in the Village Clerk's opinion, he shall approve the permit or approve it conditionally. If the applicable requirements are not clearly and unambiguously met in the Village Clerk's opinion, he shall state the matters in doubt in writing to the applicant within three days of the time of making application.

The Village Board shall review appeals of the denial of the application by the Village Clerk and may either deny the permit, approve the permit or approve the permit conditionally. Appeal requests shall be filed with the Village Clerk within seven days of the Clerk's decision.

Conditions of license. In addition to any other conditions imposed by the Village Board, all permittees shall fully comply with the following requirements:

Liability insurance. To hold a valid permit, the vendor must have in force adequate liability insurance. Adequate liability insurance is liability insurance holding the Village and its employees and agents harmless and to indemnify and defend the Village, its employees and agents against all claims, liability, loss, damage or expense incurred by the Village with adequate liability policy limits on account of any damage caused by or resulting from the activities for which the permit is granted.

As evidence of the applicant's ability to perform this condition of the permit, the applicant shall furnish a certificate of insurance evidencing the existence of comprehensive general liability insurance (including contractual liability insurance with the Village being named as an additional insured). Adequate liability limits means minimum limits of $100,000 per occurrence for bodily injury and minimum limits of $50,000 per occurrence for property damage.

The certificate of insurance shall provide 30 days' written notice to the Village upon cancellation or nonrenewal or material change in the policy. Proof of insurance shall be submitted to the Village Clerk a minimum of seven days before the start of the event.

[Amended 3-8-2010 by Ord. No. 2-10]

Cooperation with law enforcement officials. To protect the public health and safety, the permittee shall coordinate with the Village Marshal the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the Village Marshal for his review and approval a minimum of seven days before the start of the event.

Cleanup. The permittee shall be fully responsible for all necessary cleanup associated with the licensed event.

Compliance with other regulations. The permittee shall comply with all applicable state and county regulations governing health and sanitation for food-handling establishments, if applicable, and any other applicable Village regulations, including but not limited to regulations pertaining to the issuance of special Class "B" fermented malt beverage licenses.

§ 236-19 Placing leaves and grass clippings on streets.

Editor's Note: See also Ch. 149, Garage Sales, and Ch. 246, Transient Merchants.

§ 236-18 Requests for improvements.

Requests or petitions by Village property owners for new streets, street resurfacing, curb and gutter, storm sewers, utility work and sidewalks shall be presented to the Village Board on or before August 1 to be considered for installation in the following year.

In the interests of public safety, health and general welfare, community appearance and efficiency of operation, it shall be unlawful to rake or place fallen tree leaves or grass clippings onto the pavement or into the gutter of any public street. No person shall permit grass clippings from mower swaths to remain upon sidewalks or on abutting property owned or occupied by him.[1]

§ 236-20 Obstruction of public ditches and drains.

Editor's Note: Original Sec. 6-2-11, Unlawful dumping on streets, which immediately followed this section, was deleted 1-12-2004 by Ord. No. 3-04.

No person shall in any manner obstruct or cause to be obstructed the free passage of water in any public gutter, ditch, culvert, swale or drain or place or cause to be placed any rubbish, dirt, sand, gravel or any other matter or thing so that the same is likely to be carried by the elements into any public gutter, ditch, culvert, swale or drain.

§ 236-21 Curb and gutter.

Special assessments and charges. The Village may, at any time, construct or have constructed curb and gutter in the Village. As a complete alternative to any other methods provided by law, the Village may collect for said curb and gutter in the manner and by the procedure provided by § 66.0701 and/or 66.0703, Wis. Stats.

Alternative methods.

Petition. Any taxpayer and property owner in the Village may petition the Village for the installation of curb and gutter abutting property owned by said petitioner in said Village.

Requirements of petition. The petition for the installation of curb and gutter shall state that the petitioner(s) requests curb and gutter abutting property owned by said petitioner, describe said property and state what type is requested, and further said petition shall state that each petitioner individually shall be responsible and liable for and thereby obligates himself to pay the total costs of installation of said curb and gutter, to include surveying and other contingent expenses.

Effect of petition. In the event a petition for the installation of curb and gutter is presented to the Village Board, the Board shall have the exclusive discretion to accept or reject the same. The Board may refer said petition or may table it, but in any event it shall act upon the same in some manner within six months of receipt of said petition.

Resolution of intent. In the event the Village should desire to construct curb and gutter in any area of the Village, the Village Board may adopt a resolution of intent to install said curb and gutter and assess the costs thereof to the abutting property owners as provided in § 66.0703, Wis. Stats.

Types of curb and gutter. All curbs and gutters shall conform to the construction standards adopted by the Village Board, on file with the Director of Public Works.

Liability for repair thereof. Whenever curb and gutter are installed, all property owners receiving the benefits thereof shall be responsible and liable for all replacements, repairs and damage, and during any period of construction on the property against which it abuts. The Village shall be responsible for maintenance. Any expense for additional width of road made necessary by blacktop curb and gutter shall be the responsibility of and shall be paid for by the abutting property owner.

Entered on tax rolls. Any and all costs of replacement, repair and maintenance of curb and gutter incurred within one year after installation thereof or damage thereto during construction as provided in Subsection D above shall be charged to the lot or parcel of land affected thereby pursuant to § 66.0703, Wis. Stats.

§ 236-22 Driveway approaches.

[Added 12-5-1994 by Ord. No. 41-94; amended 6-10-1996 by Ord. No. 21-96; 8-10-1998 by Ord. No. 17-98; 8-9-1999 by Ord. No. 37-99]

Definition. In this section, "driveway approach" means that area leading from the street to a driveway, the depth of which is from the front of the curb to the sidewalk, or where a sidewalk would be located if installed, and the width of which is equal to the width of the driveway.

Paving. All driveway approaches for a lot or premises which has or is required to have a curb and gutter shall be paved as follows:

Where a high-back curb is or will be installed, the driveway approach shall be paved in concrete by the property owner in accordance with the requirements of the Director of Public Works.

Where a rollback curb is or will be installed and there is no sidewalk installed or required to be installed, the driveway approach shall be paved in either asphalt or concrete by the property owner in accordance with the requirements of the Director of Public Works.