[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as Ch. 10
of the 1994 Code. Amendments noted where applicable.]
A.
Establishment. The grade of all streets, alleys, and
sidewalks shall be established by resolution by the Village Board
and the same recorded by the Village Clerk-Treasurer in his office.
No street, alley, or sidewalk shall be worked until the grade is established.
B.
Alteration of grade by permit only. No person shall
alter or cause or allow to be altered the grade of any street, alley,
sidewalk or public ground, or any part thereof, in the Village of
Johnson Creek by any means unless authorized or directed to do so
by the Village Board and until he receives a permit from the Village
Clerk-Treasurer. All such alterations of grade shall be done in a
workmanlike manner and shall be paid for by the permittee. All alterations
of grade shall be recorded in the office of the Village Clerk-Treasurer.
[1]
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were repealed 7-8-2003 by Ord.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.
A.
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]
B.
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.
D.
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]
A.
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]
B.
Specifications for driveway construction.
(1)
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]
(2)
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.
(3)
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.
(4)
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]
(5)
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.
[Amended 6-1-2000 by Ord. No. 6-00; 12-19-2016 by Ord.
No. 11-16]
A.
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.
B.
Insurance required.
(1)
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.
(2)
The provisions of this subsection shall not apply to public utility
companies covered under § 66.0456, Wis. Stats.
C.
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:
(1)
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.
(2)
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.
D.
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.
(1)
Deposit. The amount of the required bond/letter of credit or cash
deposit shall be as follows:
(a)
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.
(b)
Utility poles: no bond required.
(2)
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.
(3)
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.
(4)
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.
E.
Permit to be displayed. A copy of the permit shall be available at
the site at all times.
F.
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.
G.
Notices required. Notice required from the applicant shall be as
follows:
(1)
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.
(2)
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.
H.
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.
I.
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:
J.
Maximum street opening. Not more than 450 lineal feet of trench shall
be opened at one time.
K.
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.
L.
Method of doing work. The following procedures shall be observed
in all street openings:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Maintenance of hard surface opening.
(a)
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.
(b)
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.
(c)
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.
(6)
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.
(7)
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.
M.
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.
[Amended 7-8-2003 by Ord.
No. 20-03; 12-19-2016 by Ord. No. 11-16]
A.
General provisions.
(1)
Purpose and findings.
(a)
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.
(b)
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.
(c)
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:
[1]
Administrative costs associated with public right-of-way projects,
such as registration, permitting, inspection and supervision, supplies
and materials.
[2]
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.
(d)
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.
(2)
APPLICANT
DEGRADATION
EMERGENCY
EXCAVATE
FACILITIES
IN (when used in conjunction with "right-of-way")
LOCAL REPRESENTATIVE
OBSTRUCT
PERMITTEE
PERSON
PUBLIC UTILITY
REGISTRANT
REPAIR
RESTORE or RESTORATION
RIGHT-OF-WAY
VILLAGE
VILLAGE ADMINISTRATOR
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.
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
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.
A condition that:
To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
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.
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.
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.
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.
Corporation, company, association, firm, partnership, limited
liability company, limited liability partnership and individuals and
their lessors, transferees and receivers.
As defined in § 196.01(5), Wis. Stats.
Any person who has registered with the Village to have its
facilities located in any right-of-way.
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.
The process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is reconstructed, per Village
specifications.
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.
The Village of Johnson Creek, Wisconsin, a Wisconsin municipal
corporation.
The individual serving as Village Administrator, or the Village
Administrator's designee, as the case may be.
(3)
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.
B.
Registration for right-of-way occupancy.
(1)
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.
(2)
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.
(3)
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.
C.
Registration information. The information provided to the Village
at the time of application shall include, but not be limited to:
(1)
Each registrant's name, Diggers Hotline registration certificate
number, address and e-mail address, if applicable, and telephone and
facsimile numbers.
(2)
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.
(3)
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.
(a)
The requested dates and hours of work or placement of obstruction.
(4)
Other local, state or federal approvals, if necessary.
(5)
A certificate of insurance.
(6)
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.
(7)
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:
(a)
Village infrastructure shall remain fully operational, and it
shall not be disturbed or altered unless permitted by the Village.
(b)
Drainage shall not be affected in the location.
(c)
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).
(d)
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:
[1]
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
[2]
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.
D.
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.
E.
Review of an application for right-of-way user registration.
(1)
The applicant shall have a nonexclusive use of the premises;
(2)
Granting the request shall not contribute to public expense;
(3)
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;
(4)
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;
(5)
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;
(6)
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;
(7)
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:
(a)
Not present a public safety concern;
(b)
Be sufficiently lit at night (if required by permit) so as to
be in full view of the public from all directions;
(c)
Be fenced or guarded (if required by permit) in a manner which
insures public safety; and
(d)
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:
F.
Permit to excavate in right-of-way required.
(1)
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.
(2)
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:
(a)
Registration with the Village as required by this chapter.
(b)
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.
(c)
Payment of all money due to the Village for:
G.
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.
(1)
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.
(2)
Fee schedule.
(a)
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.
(b)
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.
(3)
Village exemption. The Village and its contractors shall not pay
degradation fees for excavations due to general government functions.
(4)
Permit fees paid for a permit that the Village has revoked are not
refundable.
H.
Right-of-way repair/restoration.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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).
I.
Inspection.
(1)
Notice of completion. When the work under any permit hereunder is
begun and completed, the permittee shall notify the Village.
(2)
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.
(3)
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.
J.
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.
K.
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.
L.
Revocations, suspensions, refusals to issue or extend permits.
(1)
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:
(a)
The applicant or permittee is required to be registered and
has not done so;
(b)
Issuance of a permit for the requested date would interfere
with an exhibition, celebration, festival or other event;
(c)
Misrepresentation of any fact by the applicant or permittee;
(d)
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;
(2)
Discretionary issuance. The Village may issue a permit where issuance
is necessary:
(a)
To prevent substantial economic hardship to a customer of the
permittee or applicant; or
(b)
To allow such customer to materially improve its utility service;
or
(c)
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.
(3)
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.
M.
Work done without a permit.
(1)
Emergency situations.
(a)
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.
(b)
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.
(2)
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.
N.
Location of facilities.
(1)
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.
(2)
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.
O.
Relocation of facilities.
(1)
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.
(2)
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.
P.
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.
Q.
Abandoned facilities.
(1)
Discontinued operations.
(a)
A registrant who has determined to discontinue its operations
in the Village must either:
[1]
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
[2]
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.
(b)
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.
(2)
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.
(3)
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.
R.
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.
S.
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.
[Amended 7-8-2003 by Ord.
No. 20-03]
A.
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.
B.
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.
A.
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.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
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.
(2)
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]
(3)
Public utility encroachments duly authorized by state
law or the Village Board.
(4)
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.
(7)
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.
C.
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.
A.
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]
B.
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]
C.
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.
D.
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:
(1)
Such temporary obstruction shall cover not more than 1/3
of any street or alley.
(2)
Obstructions shall be sufficiently lighted at night
so as to be in full view of the public from all directions.
(3)
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.
(4)
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.
(5)
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.
(6)
Buildings shall be moved only in accordance with the
route prescribed by the Building Inspector.
(7)
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.
E.
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]
[1]
Editor's Note: Original § 10.08(5),
Penalty, which followed this subsection, was repealed 7-8-2003 by
Ord. No. 20-03.
A.
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]
B.
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]
[1]
Editor's Note: Original § 10.09(3),
Penalty, which immediately follow this subsection, was repealed 7-8-2003
by Ord. No. 20-03.
C.
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]
D.
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]
A.
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.
B.
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.
C.
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.
D.
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]
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.
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.
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.
[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.
A.
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.
B.
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.
C.
Construction and repair.
(1)
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.
(2)
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.
(3)
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:
(4)
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.
(5)
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]
[1]
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.
D.
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.
E.
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.
F.
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]
[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.
[Added 5-10-2004 by Ord. No. 12-04[1]]
A.
No street shall be constructed or reconstructed in
the Village without an approved tree preservation plan.
B.
RECONSTRUCTED
TREE
TREE PRESERVATION PLAN
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
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.
C.
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.
D.
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.
E.
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.
Except as otherwise provided, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 60-1 of this Code.
