Chapter 210 Streets and Sidewalks

Editor's Note: Original § 10.04(4), Inspection, and (5), Penalties, which immediately followed this subsection, were repealed 7-8-2003 by Ord. No. 20-03.

§ 210-2 Sidewalk construction and repair.

Editor's Note: Original §§ 10.01, Minimum acceptance requirements, 10.02, Seeding and sodding for streets, and 10.03, Roadside vendors, which immediately preceded this section, were repealed 7-8-2003 by Ord. No. 20-03.

Owner to construct. The owner of the abutting land shall have the duty to repair, construct and perpetually maintain sidewalks, in a workmanlike manner, along or upon any street, alley or highway in the Village of Johnson Creek and shall pay the entire cost thereof. Whenever the Village Administrator determines that a sidewalk should be laid out, rebuilt, repaired, lowered or raised along or upon any public street, alley, or highway within the Village of Johnson Creek, the Village Administrator shall proceed in accordance with § 66.0907, Wis. Stats. In exercising those powers, the Village Administrator may establish the width, determine the thickness, and specify the materials to be used and the method of construction, and these standards may be different for different streets. Whenever any owner shall neglect, for a period of 20 days after service of notice upon him according to § 66.0907, Wis. Stats., to lay, remove, replace, or repair any such sidewalk, the Village Board may cause such work to be done at the expense of the owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder except as provided by § 62.15, Wis. Stats.

[Amended 5-22-2017 by Ord. No. 6-17]

Permit required. No person shall lay, remove, replace, or repair any public sidewalk within the Village of Johnson Creek unless he is under contract with the Village to do such work or has obtained permission from the Village Board and a permit from the Village Clerk-Treasurer.

Permit fee. The fee for the permit required by this section shall be as provided in Chapter 33, Fees.[1]

[Amended 9-5-2002 by Ord. No. 11-02]

§ 210-3 Driveway construction and repair.

Editor's Note: Original § 10.05(4), Inspection, and (5), Penalties, which immediately followed this subsection, were repealed 7-8-2003 by Ord. No. 20-03.

Appeal. Any property owner who receives a notice from the Village Administrator, as authorized by Subsection A of this section, may, within 10 days of the receipt of the notice, appeal the determination of the Village Administrator by filing a written notice of appeal with the Village Clerk. Upon receipt of any such notice of appeal, the matter shall be placed on a Village Board agenda, and the Village Board, after giving notice to the property owner, and providing the property owner with an opportunity to appear and be heard at the Village Board meeting, shall either affirm, modify, or reverse the decision of the Village Administrator.

[Added 5-22-2017 by Ord. No. 6-17]

Approval required. No person shall construct, alter, repair, or maintain any driveway across any sidewalk or curbing without first obtaining permission from the Village Board and permit from the Village Clerk-Treasurer.

[Amended 7-8-2003 by Ord. No. 20-03]

Specifications for driveway construction.

Width. No driveway shall exceed 25 feet in width at the outer or street edge of the sidewalk unless the Zoning Board of Appeals grants a variance. Access drives may be flared between the right-of-way line and the roadway up to a maximum of five additional feet.

[Amended 6-12-2006 by Ord. No. 16-06]

Interference with intersections prohibited. At street intersections a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Village Board for effective traffic control or for highway signs or signals.

Interference with street. No driveway apron shall extend out into the street further than the face of the curb, and under no circumstances shall such driveway apron extend into the gutter area. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of streets, side ditches or roadside areas or with any existing structure on the right-of-way. When required by the Village Board to provide for adequate surface water drainage along the street, the property owner shall provide any necessary culvert pipe at his own expense.

Number of approaches limited. No more than one driveway entrance and approach shall be constructed for any lot or premises except where deemed necessary and feasible without undue impairment of safety, convenience and utility of the street by the Village Building Inspector or Engineer and Zoning Administrator. Any two approaches shall be at least 25 feet apart.

[Amended 6-23-2008 by Ord. No. 12-08]

Workmanship and materials. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in § 210-2 of this chapter insofar as such requirements are applicable, including thickness and other standards established by the Village Board.

Permit fee. The fee for the permit required by this section shall be as provided in Chapter 33, Fees.[1]

[Added 9-5-2002 by Ord. No. 11-02]

§ 210-4 Permit for excavations and openings.

Editor's Note: Original § 10.06(4), Inspection, and (5), Penalties, which immediately followed this subsection, were repealed 7-8-2003 by Ord. No. 20-03.

[Amended 6-1-2000 by Ord. No. 6-00; 12-19-2016 by Ord. No. 11-16]

Permit required. No person shall, without first obtaining a permit from the Village Administrator, make any opening in any street, alley, or sidewalk within the Village. No permit shall be granted when the ground is frozen unless the Village Administrator determines such opening is necessary.

Insurance required.

A permit shall be issued only if the applicant submits evidence to the Clerk-Treasurer that he is covered by public liability insurance in the following minimum amounts and that such insurance protects the Village from all claims: personal injury, property, one person, one accident: $1,000,000, $1,000,000, $500,000. The evidence of insurance shall also provide that the Village be notified at least 10 days prior to cancellation or expiration of the insurance.

The provisions of this subsection shall not apply to public utility companies covered under § 66.0456, Wis. Stats.

Information to accompany application. The applicant shall submit to the Clerk-Treasurer, at the time the permit is applied for, sufficient information on the proposed work to enable the Village Administrator or his designee to properly evaluate the work to be done. The Village Administrator or his designee shall determine whether sufficient information has been submitted, such information to include at least the following:

Where the proposed opening is less than 20 square feet in area or less than 30 feet in length, the applicant shall state the nature and location of the work, the reason for the work and the proposed method of doing the work.

Where the proposed opening exceeds 20 square feet in area or 30 feet in length, the applicant shall submit in triplicate a plan or sketch of the proposed work showing the location, nature, reason and method of doing the work.

Deposit. The applicant shall submit to the Village Clerk at the time the permit is applied for a cash or bond deposit conditioned to guarantee the restoration of the surface of such right-of-way as may be disturbed by the proposed openings, unless the required deposit has been waived by the Village Board. The applicant shall be responsible for the surface restoration or the cost of such restoration.

Deposit. The amount of the required bond/letter of credit or cash deposit shall be as follows:

Deposit is established by the Village Board and included in the fee schedule adopted by the Village Board in accordance with the provisions of Chapter 33. All invoices by the Village and/or Engineer that are billed to the applicant must be paid in full before the letter of credit/cash deposit will be released.

Utility poles: no bond required.

Use of deposits. The Village may use all of such deposits to pay the cost of any work the Village performs to restore or maintain the public place as herein provided. If the applicant fails to perform such work, the amount refunded to the applicant shall be reduced by the amount expended by the Village plus 25% of such cost for general overhead and administrative expenses.

Release of cash deposit or bond. All restoration work shall be guaranteed for a period of one year after completion of same. Upon completion of the work in a satisfactory manner, but not sooner than 12 months thereafter, the deposit shall be refunded, unless sooner released with the approval of the Village Administrator.

Public Utility companies. Where openings are made by Public Utility companies covered under § 66.0456, Wis. Stats., a permit may be granted without such deposit. It is further provided, however, that the Village may, in the future, require such deposit from any such utility if a bill rendered in accordance with Subsection L(9) remains unpaid 30 days after date of billing.

Permit to be displayed. A copy of the permit shall be available at the site at all times.

Automatic expiration of permit. If work is not commenced within the time period specified on the permit, the permit shall automatically expire and a new permit shall be obtained and an additional fee charged. The Village Administrator may extend the time limit for sufficient cause.

Notices required. Notice required from the applicant shall be as follows:

To affected persons. The applicant shall notify all public and private individual firms and corporations affected by the work at least three working days before such work is to start.

To Village. The applicant shall notify the Village Administrator at least three working days prior to the commencement of work and again at least 24 hours prior to backfilling or restoring the surface.

Emergency work. When an immediate opening is necessary for the protection of public or private property, health, or safety and Village offices are closed, the same shall be reported to the Village police which shall grant permission to make the necessary openings upon the condition that an application be made in the manner herein provided within one working day.

Removal of new pavement. Whenever it is necessary to remove street or alley pavement for installation of new facilities within five years of the construction of the pavement, the applicant shall pay and forfeit as damages to the Village the following charges based upon the unit prices as established by the Village Board for the year in which the opening is made, such charges to be in addition to the restoration costs incurred by the applicant:

First year, 50% of the unit price.

Second year, 40% of the unit price.

Third year, 30% of the unit price.

Fourth year, 20% of the unit price.

Fifth year, 10% of the unit price.

Maximum street opening. Not more than 450 lineal feet of trench shall be opened at one time.

Time limit for completion of work. No trench openings shall remain open (without trench backfilled and asphalt repaired) in excess of three calendar days, unless permission is obtained from the Village Administrator prior to the third day. Fees are established by the Village Board and included in the fee schedule adopted by the Village Board in accordance with the provisions of Chapter 33.

Method of doing work. The following procedures shall be observed in all street openings:

Personnel allowed to perform work. Pavement patching must be performed by a paving company that is approved by the Village. Others may take out the permit, but they must identify which paving company will perform the work at the time they apply for the permit.

Safety. Any contractor opening a trench or performing any utility or other work must provide flag persons and other traffic controls to ensure public safety.

Excavating. The trench shall be saw cut and shall be opened to a sufficient width and depth to permit the repair or installation of the utility, using special care to avoid damaging existing conduits or pipes. All work shall be done to conform to all applicable federal, state, and local safety standards. All refuse and excess opened material shall be removed from the street limits as the work progresses and shall not be deposited on the site.

Erosion control. Applicable state and Village regulations shall apply. A separate Village erosion control permit (including plans and bond) will be required, depending on the scope of the project. Any material tracked or deposited on any public roadway must be removed immediately.

Maintenance of hard surface opening.

General. The applicant shall backfill the openings with slurry immediately upon completion of the underground work. After 24 hours, slurry will be removed to the depth of the existing asphalt, and the opening will be topped with not less than four inches of bituminous concrete, in accordance with Village street cross-section standards. Open gravel trenches are not permitted, unless specifically authorized by the Village Administrator.

Asphalt placement procedures. The contractor will replace the asphalt surface in accordance with the following procedures and a sketch provided by the Village. The contractor will contact the Village Engineer's office and the Village Administrator in writing a minimum of 24 hours prior to backfilling and shall also notify in writing a minimum of 24 hours prior to asphalt patching for on-site inspection to guarantee conformance with Village requirements. The contractor will replace the asphalt surface in accordance with the specifications and detailed drawings on file with the Village.

Final restoration. The final restoration shall consist of the following steps in restoring the pavement and impacted area to equal or better than original condition.

Restoration of openings in other than hard surface areas. All surfaces or subsurfaces of areas other than hard surface areas as may be disturbed in any street ROW openings shall be replaced in substantially the same condition as they were prior to such disturbance. All work including restoration must be completed within 30 calendar days of the date of issuance of the permit unless extended in writing by the Village.

Backfilling. Backfilling shall be done in accordance with Village specifications on file with the Village Engineer. The slurry backfill shall be per state standard specifications.

(8)

Traffic control devices. The applicant shall provide and maintain proper barricades, signs, and flagmen at all locations where construction and maintenance work interferes with normal pedestrian or vehicular traffic use of the street or walkways, etc. All markings and signing provided for traffic control and safety purposes shall conform to the standards and specifications of the current issue of the Manual on Traffic Control Devices, as may be applicable. The permittee or contractor must submit a basic traffic control plan for approval by the Village Administrator.

(9)

Village's right to restore surface. If the applicant should fail to restore the surface of the street or any area within the ROW or construction area to its specified condition within seven calendar days of being notified to do so, without written approval for extension, the Village Administrator, if he deems it advisable, shall have the right to do all the work and items necessary to restore the construction site. The applicant shall be liable for the actual cost thereof plus 25% of such cost for general overhead and administrative expenses. The cost of said work shall be deducted from the cash deposit or bond, where applicable, or billed directly to the public utility company involved. Should the cost of repairs exceed the cash or bond limits held, the additional amount shall be billed to the applicant. No additional permits of any kind shall be issued to the applicant until such invoices are paid in full.

(10)

Guarantee. It shall be the duty of the applicant to guarantee and maintain the site of the openings for one year after restoring it to its original condition and official acceptance of the project.

(11)

In connection with issuing the permit, responsible Village officials will provide the applicant with the most recent issue of the street opening permit form, a sketch of asphalt repair details, and a copy of "REGULATIONS GOVERNING STREET OPENING AND RIGHT-OF-WAY, OPENING PERMITS IN THE VILLAGE OF JOHNSON CREEK," which reflects the above information.

For the purpose of administering the provisions of this section, each applicant shall pay to the Village Treasurer permit fees as determined by resolution by the Common Board from time to time.

§ 210-5 Occupancy of right-of-way.

[Amended 7-8-2003 by Ord. No. 20-03; 12-19-2016 by Ord. No. 11-16]

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 and excavations taking place therein and to regulate the placement of facilities in the rights-of-way to ensure that the rights-of-way remain available for public services and safe for public use. The taxpayers of the Village bear the financial burden for the upkeep of the rights-of-way, and a primary cause for the early and excessive deterioration of its rights-of-way is the frequent excavation by persons who locate facilities therein.

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 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 into the public rights-of-way.

In response to the foregoing facts, the Village hereby enacts this section relating to administration of and permits to excavate, obstruct and/or occupy the public rights-of-way. This section imposes reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies.

(e)

The purpose of this section is to provide the Village a legal framework within which to regulate and manage the public rights-of-way and to provide for recovery of the costs incurred in doing so. This section provides for the health, safety and welfare of the residents of the Village as they use the rights-of-way of the Village, as well as to ensure the structural integrity of the public rights-of-way.

Definitions. The following definitions apply in this section. References hereafter to "sections" are unless otherwise specified references to sections in this Ord. No. 11-16. 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.

EMERGENCY

A condition that:

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

IN (when used in conjunction with "right-of-way")

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.

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 chapter.

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 by the Village under Chapter 210 of the Ordinances.

PERSON

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

PUBLIC UTILITY

As defined 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 usable for travel according to Village specifications or to restore equipment to an operable condition.

RESTORE or RESTORATION

The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is reconstructed, per Village 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.

VILLAGE

The Village of Johnson Creek, Wisconsin, a Wisconsin municipal corporation.

VILLAGE ADMINISTRATOR

The individual serving as Village Administrator, or the Village Administrator's designee, as the case may be.

Administration. The Village Administrator or his/her designee is responsible for the administration of the rights-of-way and the permits and 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 Village and pay the fee set forth in § 210-5D. 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 Village.

Nothing herein shall be construed to repeal or amend the provisions of a Village ordinance regulating constructing 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 Village at the time of application 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.

Reason for and a clear description of the proposed work, use, structure, or obstruction, and the exact location of said work, use, structure or obstruction.

The requested dates and hours of work or placement of obstruction.

Other local, state or federal approvals, if necessary.

A certificate of insurance.

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

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 said Commission or other state or federal agency.

(8)

Sufficient evidence of the following health, welfare, and safety concerns:

Village infrastructure shall remain fully operational, and it shall not be disturbed or altered unless permitted by the Village.

Drainage shall not be affected in the location.

The placement of any structure or obstruction shall not present a safety concern, with the construction site being sufficiently lit (if applicable) or fenced and guarded (if applicable).

No structure or obstruction may be placed in a right-of-way at a location which is closer than 20 feet to any point of ingress used by the general public or by the owner of any private property abutting the right-of-way.

(e)

All facilities exceeding 40 feet in height shall require a fall zone within the right-of-way; provided, however, that the fall zone may extend onto that portion of adjacent privately owned property subject to the following conditions and limitations:

The fall zone on such private property does not include any portion of the property used for ingress or egress to the property from the adjoining public right-of-way; and

The fall zone on such private property does not include any portion of the property used for vehicular parking, including temporary parking for loading and unloading purposes; and

[3]

The fall zone on such private property does not include any portion of the property on which a building, structure, or other enclosure is located; and

[4]

An easement, license or similar agreement, executed by the private property owner and acknowledging that the fall zone includes a portion of the private property, shall be filed with the Village Administrator on or before the issuance of any permit required under the terms of this section.

(9)

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

(10)

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

Registration fee. The Village shall charge an annual registration fee established by the Village Board and included in the fee schedule adopted by the Village Board in accordance with the provisions of Chapter 33.

Review of an application for right-of-way user registration.

The applicant shall have a nonexclusive use of the premises;

Granting the request shall not contribute to public expense;

The applicant's use of the premises shall be in compliance with all local, state, or federal laws. The applicant shall obtain all permits required by local, state, or federal authorities required for the use of the premises;

The applicant shall not install any utility lines, equipment and/or facilities on private property without written consent of the owner and shall verify parcel boundaries. Easement/access agreements shall be obtained for any Village parcels not part of public rights-of-way;

A right-of-way user registration shall not be construed as a waiver of the applicant's obligation to comply with other or more restrictive Village ordinances;

Village infrastructure shall not be disturbed or altered unless otherwise permitted and shall remain visible, accessible and operational. Any Village infrastructure damaged shall be immediately reported to the Village, be repaired to Village standards, and inspected and approved by the Village at the expense of the applicant;

Any construction, reconstruction, improvements or restoration of the public right-of-way after disturbance shall be consistent with Village standards, and all public rights-of-way shall be restored to their original condition upon completion of the work, activities, or installation, unless otherwise permitted;

(8)

Drainage shall not be adversely affected due to the installation of any utility lines, structures, equipment or facilities;

(9)

Placement of obstructions during installation and all work and activities shall:

Not present a public safety concern;

Be sufficiently lit at night (if required by permit) so as to be in full view of the public from all directions;

Be fenced or guarded (if required by permit) in a manner which insures public safety; and

Be consistent with any limitations and conditions set forth in the approval.

(10)

The applicant shall indemnify and hold the Village harmless for any loss/liability, claims, or damage to any person or property arising from:

The applicant's installation, maintenance and/or operation under the approved registration;

Vandalism;

Interruption in any service from any cause; and

Fire, water, rain, snow, steam, sewerage, gas or odors, from any source.

Permit to excavate in right-of-way required.

Excavation permit required. Except as otherwise provided in this chapter or other chapters of the General Ordinances of the Village of Johnson Creek, no person shall excavate any right-of-way without first having obtained an excavation permit from the Village. A copy of any permit issued under this chapter shall be made available at all times by the permittee at the indicated work site and shall be available for inspection by the Village upon request.

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

Registration with the Village as required by this chapter.

Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed facilities that are part of applicant's proposed project.

Payment of all money due to the Village for:

Applicable permit fees and costs as set forth below;

Unpaid fees or costs due for prior excavations; or

[3]

Any loss, damage, or expense suffered by the Village because of applicant's prior excavations of the rights-of-way or any emergency actions taken by the Village.

Excavation permit fee. The excavation permit fee shall be established by the Village in an amount sufficient to recover the costs incurred by the Village. This fee shall recover administrative and inspection costs, as well as degradation costs should the permittee choose to repair rather than restore the right-of-way. Payment of said fees shall be collected prior to issuance of the permit. However, the Village Administrator may, with the advice and consent of the Village Board, establish a fee collection process from governmental agencies and private utilities in order to expedite the permitting system and recognize that certain excavations are deemed emergencies.

Waiving of fees. Fees shall not be waived unless the work involved is a direct result of the Village Administrator's demand that a structure owned by a utility be removed or relocated or unless waived by the Village Board on appeal.

Fee schedule.

The fee for each excavation permit shall be established annually by the Village Board and included in the fee schedule adopted by the Village Board in accordance with the provisions of Chapter 33. The fee for a permit issued after commencing work, except in cases of emergency as determined by the Village Engineer, shall be double the fees which would otherwise apply had the permit been issued prior to the commencement of work. This permit fee shall be in addition to any forfeiture provided elsewhere in this ordinance.

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 Village Administrator 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 Village 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.

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

Right-of-way repair/restoration.

The permittee shall be required to repair the public right-of-way to Village specifications, subject to inspection and acceptance by the Village, and to pay a degradation fee, as per § 210-5H(4), unless the permittee elects to restore the right-of-way pursuant to § 210-5H(5). 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 Village. The Village shall inspect the area of the work and accept the work when it determines that proper repair has been made, per specifications of the Village.

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 Village, correct all work to the extent necessary, using the method required by the Village. Said work shall be completed within 10 calendar days of the receipt of the notice from the Village, not including days during which work cannot be done because of circumstances constituting force majeure.

Failure to repair/restore. If the permittee fails to repair/restore the right-of-way in the manner and to the condition required by the Village, or fails to satisfactorily and timely complete all work required by the Village, the Village, at its option, may do such work. In that event, the permittee shall pay to the Village, within 30 days of billing, the cost of repairing/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 or the patch shall be calculated by adding one foot to each side of the actual street cut. The degradation fee schedule is available upon request from the Village Administrator.

Restoration in lieu of repair and degradation. The permittee may elect to restore the excavation and surrounding pavement in lieu of repair and a degradation fee. The restoration shall be in accordance with the Standard Specifications for Public Works Construction and the plans and specifications of the Village. The permittee shall then also comply with § 210-5H(2) and (3).

Inspection.

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

Site inspection. The permittee shall make the work site available to the Village 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 Village. 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 the applicable Village standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the registrant or permittee shall present proof to the Village that the violation has been corrected. If such proof has not been presented within the required time, the Village may revoke the permit pursuant to § 210-5L.

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

Compliance with other laws. Obtaining a permit to excavate and/or occupy the right-of-way does not relieve the permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other Village, county, state, or federal rules, laws or regulations. A permittee shall comply with all requirements of local, state and federal laws. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work.

Revocations, suspensions, refusals to issue or extend permits.

The Village 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 be registered and has not done so;

Issuance of a permit 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;

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

The applicability of ordinances or other regulations of the right-of-way that affect location of facilities in the right-of-way;

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

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

To allow such customer to materially improve its utility service; or

To allow the permittee or applicant to comply with state or federal law or Village ordinance or an order of a court or administrative agency.

Appeals. Any person aggrieved by a decision of the Village 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 Village.

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 chapter.

If the Village becomes aware of any emergency regarding a registrant's facilities, the Village may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The Village may take whatever action it deems necessary to protect the public safety as a result of the emergency, the cost of which shall be borne by the 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 ordinance, pay double the normal fee for said permit, pay double all the other fees required by this chapter or other chapters of the General Ordinances of the Village of Johnson Creek, deposit with the Village the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this chapter.

Location of facilities.

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.

Limitation of space. The Village may prohibit or limit the placement of new or additional facilities within the right-of-way if there is insufficient space to accommodate all of the requests of persons to occupy and use the right-of-way. In making such decisions, the Village shall strive to the extent possible to accommodate all existing and potential users of the right-of-way but may prohibit or limit the placement of new or additional facilities when required to protect the public health, safety or welfare.

Relocation of facilities.

A registrant must, promptly and at its own expense, permanently remove and relocate its facilities in the right-of-way whenever the Village, acting in its governmental capacity, requests such removal and relocation. If requested, the registrant shall restore the right-of-way.

Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities from any right-of-way which has been vacated in favor of a nongovernmental entity unless and until the reasonable costs thereof are first paid to the person therefor.

Interference with other facilities during municipal construction. When the Village performs work in the right-of-way and finds it necessary to maintain, support, shore, or move a registrant's facilities, the Village shall notify the local representative. The registrant shall meet with the Village's representative within 24 hours and coordinate the protection, maintenance, supporting and/or shoring of the registrant's facilities. The registrant shall accomplish the needed work within 72 hours, unless the Village agrees to a longer period. In the event that the registrant does not proceed to maintain, support, shore or move its facilities, the Village may arrange to do the work and bill the registrant, said bill to be paid within 30 days.

Abandoned facilities.

Discontinued operations.

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

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

Submit to the Village 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; or

[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 Village waives this requirement.

Abandoned facilities. Facilities of a registrant who fails to comply with § 210-5Q(1)(a)[1] and which, for two years, remains unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option, i) abate the nuisance, ii) take possession of the facilities, or iii) require removal of the facilities by the registrant or the registrant's successor in interest.

§ 210-7 Obstructions and encroachments.

Public utilities. This section shall not apply to a public utility, as defined by § 196.01(5), Wis. Stats., that is required to follow the provisions of § 196.81, Wis. Stats.

Reservation of regulatory and police powers. The Village, by the granting of a permit to excavate, obstruct and/or occupy the right-of-way, or by registering a person under this chapter does not surrender or in any extent lose, waive, impair, or lessen the lawful powers and rights which it has now or may be hereafter granted to the Village under the Constitution and statutes of the State of Wisconsin to regulate the use of the right-of-way by the permittee, and the permittee by its acceptance of a permit to excavate, obstruct and/or occupy the right-of-way or of registration under this chapter agrees that all lawful powers and rights, regulatory powers, or police power, or otherwise, as are or the same may be from time to time vested in or reserved to the Village, shall be in full force and effect and subject to the regulatory and police powers of the Village to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general law and ordinances enacted by the Village pursuant to such powers.

Severability. If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

Penalty. Any person who violates this section, or fails to comply with the provisions of this section, shall be subject to a penalty and forfeiture as established by § 60-22.

§ 210-6 Inspection and penalties.

[Amended 7-8-2003 by Ord. No. 20-03]

This section applies to permits issued and work authorized under §§ 210-1 through 210-5.

Inspection. Within 48 hours after completion of the work, the owner of the abutting lands shall notify the Village Clerk-Treasurer or Building Inspector of such completion and the Building Inspector shall inspect such work within a reasonable time to see that it conforms to this chapter. If it does not conform, the owner promptly shall correct the work, or cause it to be corrected, or he shall be subject to the penalties provided herein.

Penalties. Any excavation or opening made in violation of §§ 210-1 through 210-5 or resolutions adopted pursuant thereto shall be deemed to be unlawful, and the Village Clerk-Treasurer or Building Inspector or other officer designated by the Village Board or any person injured by such act may bring action against the permittee, owner, or other responsible person to enjoin such unlawful act or may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful action. In addition, the violator may be penalized as provided in § 60-1 of this Code.

Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B of this section.

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

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 7 1/2 feet above the sidewalk street or alley.

[Amended 9-4-2003 by Ord. No. 26-03]

Public utility encroachments duly authorized by state law or the Village Board.

Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than two hours.

Temporary encroachments or obstructions authorized by permit under § 210-8 of this chapter.

Excavations and openings permitted under § 210-4.

Mailboxes may be located in the area of the public right-of-way which has not been surfaced or otherwise improved for traffic; provided, however, that such mailboxes shall be located on a post and shall be located so as not to interfere with the use of the public right-of-way for vehicular or pedestrian traffic. Not more than one additional receptacle can be located on the post, which receptacle is designed or intended to be used as a depository for newspapers, periodicals, or other written materials that are not delivered through the United States Postal System.

Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any unlawfully obstructed sidewalk or street shall refuse or neglect to remove such obstruction within 24 hours after notice from the Village Clerk-Treasurer to remove such obstruction, the Village may proceed to do so and the Village Clerk-Treasurer shall enter the cost on the next annual tax roll as a special charge against the property abutting such obstructed street or sidewalk, and such sum shall be levied and collected as other special taxes against real estate.

§ 210-8 Street privilege permit.

When required. Permission for the use of the streets, alleys, sidewalks or other public ways or places of the Village may be granted to applicants by the Village Board and a permit obtained from the Village Clerk-Treasurer for the purpose of moving any building or structure or of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided such applicant has complied with the other requirements of this subsection and has obtained a building permit if required by Chapter 112 of this Code.

[Amended 7-8-2003 by Ord. No. 20-03]

Fee. The fee for the permit required by this section shall be as provided in Chapter 33, Fees.

[Added 9-5-2002 by Ord. No. 11-02]

Bond. Unless waived by the Village Board, no street privilege permit shall be issued until the applicant shall execute and file with the Village Clerk-Treasurer a bond in an amount determined by the Village Board, conditioned that the applicant will indemnify and save harmless the Village of Johnson Creek from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the Village resulting from such building or moving operations.

Conditions of occupancy. The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, removal or moving of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Building Inspector for violation thereof:

Such temporary obstruction shall cover not more than 1/3 of any street or alley.

Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.

The process of moving any building or structure shall be as continuous as practicable until completed and, if ordered by the Building Inspector, shall continue during all hours of the day and night.

No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.

Buildings shall be moved only in accordance with the route prescribed by the Building Inspector.

Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.

Termination. All street privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the direction of the Village Clerk-Treasurer.[1]

Editor's Note: Original § 10.08(5), Penalty, which followed this subsection, was repealed 7-8-2003 by Ord. No. 20-03.

§ 210-9 Snow and ice removal.

Responsibility of owner or occupant. The owner, occupant or person in charge of each and every building or structure or unoccupied lot in the Village of Johnson Creek fronting or abutting any street shall clean or cause to be cleaned the sidewalk in front of or adjoining each such home, building or unoccupied lot of snow or ice to the width of the sidewalk within the forty-eight-hour period immediately following the snowfall, excepting those sidewalks which are not in the front of a home or lot or on a street which ends in a stub for future development without a connection to a walking trail, path or Village sidewalk. When snow or ice has accumulated on any sidewalk and cannot be removed through ordinary and reasonable effort, the persons herein referred shall cause the same to be sprinkled with salt or sand so that the sidewalk area will not be unsafe or dangerous for use by pedestrians.

[Amended 2-8-2010 by Ord. No. 01-10; 2-28-2011 by Ord. No. 02-11]

The Police Chief or his representative shall direct Village employees to cause all sidewalks 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 Chief shall keep accurate account of expense thereof and report the same to the Village Clerk-Treasurer, who shall charge the amount to each lot or parcel of land in front of which the expense occurred and enter such charge in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate.[1]

[Amended 7-8-2003 by Ord. No. 20-03]

Editor's Note: Original § 10.09(3), Penalty, which immediately follow this subsection, was repealed 7-8-2003 by Ord. No. 20-03.

No person, firm or corporation shall deposit, throw, place or strew, nor shall any person, firm or corporation cause to be deposited, thrown, placed or strewn, any snow or ice upon any street, avenue, or roadway within the Village.

[Added 2-27-2006 by Ord. No. 05-06]

No person, firm, corporation, property owner or occupant shall remove snow or ice from any parcel of real estate and place it upon another parcel of real estate without the express permission of the owner of the parcel of real estate upon which the snow or ice is to be placed.

[Added 2-27-2006 by Ord. No. 05-06]

Except as otherwise provided, any person found in violation of any provision of this section or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 60-1 of this Code.

[Added 2-27-2006 by Ord. No. 05-06]

§ 210-10 Tree trimming.

Trees to be kept trimmed. Trees standing in and upon any public street or place, or upon any lot or land adjacent thereto, shall be pruned and trimmed by the owner or owners or occupants of the property on or in front of which such trees are growing so that the lowest branches projecting over the public street or alley will provide a clearance of not less than 14 feet and a clearance of not less than 10 feet over any other public place and so that no dead, broken or otherwise hazardous branches shall be likely to fall and do injury to the public. Any tree not trimmed as herein provided shall be deemed hazardous.

Hazardous and infected trees. Any tree or part thereof, whether alive or dead, which the Village Board shall find to be infected, hazardous or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the Village, or to be injurious to sewers, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The Village Clerk-Treasurer shall give written notice to said owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days as determined by the Village Board on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limited, the Village Board shall cause the tree to be removed, treated or trimmed and shall enter its cost as a special charge against the property.

Cottonwood and Box Elder trees prohibited. No person shall plant within the Village of Johnson Creek any female tree of the species Populus Deltoides, commonly called the "Cottonwood," or any tree commonly called the seed-bearing Box Elder or Acer Negundo, and the planting of such trees is declared a nuisance. Any person planting any such trees on his premises shall cause the same to be removed. If any owner shall fail to remove any such tree within 30 days after receiving written notice from the Village Clerk-Treasurer, the Village Board shall cause the removal of such tree and shall place such charge upon the next tax roll as a special charge against the premises.

Planting of certain trees restricted. No person shall hereafter plant any Catalpa, Chinese Elm, White Poplar, Lombardy Poplar, or any fruit or nut tree in or upon any public street, parkway, boulevard or other public place within the Village of Johnson Creek. See Chapter 245, Subdivision of Land, § 245-77 for a list of trees allowed for planting upon a public street, boulevard, parkway or other public place.[1]

§ 210-11 Public works for new subdivisions.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 10.10(5), Penalty, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

All public works required as the result of a new subdivision shall be paid for in accordance with the procedure of Chapter 245, Subdivision of Land, of this Code.

§ 210-12 Extension of municipal utilities and new roadways.

Payment for the extension of municipal utilities and new roadways through sparsely occupied and undeveloped areas shall be in accordance with the procedure of Chapter 245, Subdivision of Land, of this Code.

§ 210-13 Bond.

Whenever the Village Board so determines, a condition precedent to the issuance of a permit under any section of this chapter shall be the execution by the permittee of a bond in favor of the Village in such form and in such amount as is deemed fair and reasonable to indemnify the Village of Johnson Creek and its officers and employees from all liability for accidents and damage caused by any of the work covered by the permit, to guarantee the performance of such work in workmanlike and safe condition and in a manner that will meet the standards required for the work, to pay all fines imposed upon the permittee for any violation of any rule, regulation or ordinance governing the work to be performed, to repair any damage done to property and to pay the Village for all costs incurred by it if it becomes necessary for the Village to perform some or all of the work. Recovery of such bond or bonds shall not exhaust the bond for future recoveries nor exhaust the other remedies available to the Village.

§ 210-14 Insurance.

[Amended 9-5-2002 by Ord. No. 11-02]

Whenever the Village Board so determines, as a condition precedent to the issuance of a permit under any section of this chapter the permittee must furnish the Village Clerk-Treasurer satisfactory written evidence that he has in force and will maintain during the life of the permit public liability insurance of not less than $500,000 for one person and $1,000,000 for one accident and property damage insurance of not less than $250,000.

§ 210-15 Assessment for sidewalks.

Part of street; obstructions. Streets shall provide a right-of-way for vehicular traffic and, where the Village Board so requires, a sidewalk on either or both sides thereof. The sidewalk shall be for the use of persons on foot, and no person shall be allowed to encumber the same with boxes or other material, but such sidewalk shall be kept clear for the use as specified herein.

Grade. In all cases where the grades of the sidewalks shall not have been specifically fixed by ordinance or resolution, the sidewalks shall be laid to the established grade of the street.

Construction and repair.

Authority of Board. The Village Board may from time to time by ordinance or resolution determine where sidewalks shall be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks, and the standard so fixed may be different for different streets, and may order by ordinance or resolution sidewalks to be laid as provided in this subsection.

Order for repair. The Village Board may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the standard fixed by the Village Board.

Notice. A copy of the ordinance, resolution or order directing such laying, removal, replacement or repair shall be served upon the owner or an agent of each lot or parcel of land in front of which such work is ordered. Service of the notice may be made by:

Personal delivery;

Certified or registered mail; or

Publication in the official newspaper as a Class 1 notice under Ch. 985, Wis. Stats., together with mailing by first-class mail if the name and mailing address of the owner or an agent can be readily ascertained.

Default of owner. Whenever any such owner shall neglect for a period of 20 days after such service to lay, remove, replace or repair any such sidewalks, the Village may cause such work to be done at the expense of such owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder, except as provided in § 62.15(1), Wis. Stats.

Minor repairs. If the cost of repairs of any sidewalk in front of any lot or parcel of land does not exceed the sum of $100, the Village Board may immediately repair such sidewalk without notice or letting the work by contract and charge the cost thereof to the owner of such lot or parcel of land as provided in this section.[1]

§ 210-17 Dumpsters on Village property or streets.

Editor's Note: Original Sec. 10.15(3)(f), Expense, which immediately followed this subsection, was deleted 7-8-2003 by Ord. No. 20-03.

Repair at Village expense. Whenever the Village Board shall by resolution or ordinance so determine, sidewalks shall be kept in repair by and at the expense of the Village, or the Village Board may direct that a certain portion of the cost of construction, reconstruction or repair be paid by the Village and the balance by abutting property owners.

Rules. The Village Board may from time to time make all needful rules and regulations by ordinance for carrying the aforesaid provisions into effect for regulating the use of the sidewalks within the Village and preventing their obstruction.

Waiver. Notwithstanding anything contained herein to the contrary, the Village Board may waive application of this section if the Village Board determines that a sidewalk which is deemed unsafe, defective or insufficient, is likely to be reconstructed within a reasonable period of time, but not exceeding five years. In the event of a waiver of the provisions of this section, the Village shall be responsible for repair of the sidewalk during the period of time prior to the replacement or reconstruction of the sidewalk.

[Added 11-26-2018 by Ord. No. 7-18]

§ 210-16 House numbering.

[Added 11-6-1997 by Ord. No. 12-97]

The owner or occupant of any building for which a building number has been issued by the Village to identify that building for mailing and public safety purposes shall procure distinctive numbers not less than three inches in height and shall erect and maintain the numbers on the front of the building or on another structure facing the public right-of-way which provides primary access to the building. The house numbers shall be erected and maintained so as to be clearly and easily visible from the street. If the owner or occupant neglects to comply with this section, the Police Department shall notify the owner or occupant and provide 10 days' notice within which to comply with the provisions of this section. If the owner or occupant fails to comply with such notice within the ten-day period following issuance of the notice, then the owner or occupant shall be deemed to have violated the provisions of this section and shall be subject to a penalty as provided herein.

[Added 8-2-2001 by Ord. No. 20-01]

No person shall place any dumpster or similar container used for the purpose of disposing of garbage or refuse on any Village property or Village street without first obtaining permission from the Police Chief or the Chief's designee. In the event the Police Chief authorizes the placement of a dumpster on Village property or on any Village street, the property owner shall be responsible for marking the dumpster to warn motorists and other users of the street of the existence and location of the dumpster. The Police Chief may require the placement of marking or warning devices, including lighted barricades, fluorescent tape, cones, or reflectors. Any dumpster authorized to be placed on any Village street must be placed against the curb so as not to impede traffic in any manner. No dumpster shall be permitted to be located on any Village property or any Village street for more than 14 consecutive days. Any dumpster which is placed on Village property or on any Village street which remains on the Village property or the Village street longer than the period of time authorized by the Police Chief shall be removed by the Village and the cost thereof shall be a special charge which, if unpaid, shall be placed on the tax bill of the property in accordance with the provisions of § 66.0703, Wis Stats.

§ 210-18 Street tree provisions.

[Added 5-10-2004 by Ord. No. 12-04[1]]

No street shall be constructed or reconstructed in the Village without an approved tree preservation plan.

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

RECONSTRUCTED

The removal and replacement of curb, gutter, sidewalk, storm sewer or pavement. It does not include surfacing where no removal of existing surface is planned.

TREE

Any woody plant over four feet in height that renews its growth every year and has a single self-supporting trunk containing woody tissues and secondary limbs or branches.

TREE PRESERVATION PLAN

So many scale drawings and other written documents as are required to accurately depict the location, height, diameter, species and approximated age of every tree within 10 feet of the street proposed for reconstruction. In the case of new construction, the plan shall depict all trees on every parcel of property affected by the new construction. The plan shall be prepared by the construction contractor's registered professional engineer. The plan shall include the engineer's narrative describing those trees the engineer intends to be removed during construction or reconstruction and the reasons therefore. The plan shall also include so many scale drawings and other written documents as are required to accurately depict the proposed location, species and height of every tree the engineer proposes to be planted during the construction or reconstruction.

Approval. A majority of the members of an ad hoc committee consisting of the Village Administrator, the Village Planner, the Village Engineer, the Village Forester and a Green Committee representative appointed by the Village President shall approve the plan. The Committee shall meet in open session as often as necessary to review plan documents and any revisions thereto. Final approval shall be at the absolute discretion of the Committee. The Village Administrator shall certify the Committee's approval by signing and dating the plan documents accordingly and filing the same with the Village Clerk. The Village Clerk shall notify the Village Board of the Committee's approval in advance of the start date of construction or reconstruction.

Construction/reconstruction. Street construction and reconstruction shall proceed in accordance with the approved tree preservation plan. No deviations from the approved plan shall be permitted.

Appeals. Any person aggrieved by the Committee's final approval may appeal to the Zoning Board of Appeals by filing a notice of appeal with the Board within 30 days of the date of approval.