[Adopted as Title 6, Ch. 1, of the 2012 compilation of ordinances,
as amended through 5-22-2013]
A.
Grades to be established. The grade of newly constructed streets,
alleys and sidewalks shall be established by the Village Board and
recorded by the Village Clerk-Treasurer in his/her office. No street,
alley or sidewalk shall be worked until the grade thereof is established.
In all cases where the grade shall not have been specifically set
by ordinance, sidewalk shall be laid to the established grade of the
adjacent street. All such grades previously established are hereby
confirmed.
B.
New sidewalk grade. A first-time street improvement or existing street
grade altered or changed and the street improved so as to conform
to the new grade; the grading of the sidewalk shall be considered
a part of the improvement. Planning, design, and/or engineering for
sidewalk shall be conducted with the other work of improving such
street, and the expense thereof shall be provided for and borne in
all respects like that of improving the street. But, the construction
shall be done by the owner(s) of the abutting lots or parcels of land
or at their expense as hereinafter provided. Before such construction
is commenced by the owners of the abutting lots or parcels of land,
the Village Board shall, upon application by the respective owners
for a sidewalk grade, cause such sidewalk grade to be established.
No person shall alter the grade of any street, alley, sidewalk
or public ground or any part thereof in the Village of Winneconne
by any means whatsoever unless authorized or instructed to do so by
the Village Board or Director of Public Works. All such alterations
of grade shall be recorded in the office of the Village Clerk-Treasurer.
A.
Elevation. The grade or elevation of all underground construction
shall be a minimum of three feet below the established grade of the
street, alley, park, public property or easement. The three feet shall
be measured between the top of the established grade and the top of
the underground construction.
B.
Approval of location. The location of any and all such underground
construction must have the approval of the Director of Public Works.
C.
Filing plans. Complete plans for any such construction must be filed
with and be approved by the Director of Public Works before construction
can begin.
D.
Inspection. On request of the Director of Public Works, the utility
company must provide opportunity for him to check any construction
before it may be covered.
E.
Conflict with other utilities. If the grade or elevation herein set
for the underground construction of utilities shall, in any instance,
conflict with other existing utilities, the utility shall be required
to lower the elevation of its underground construction, or of the
storm sewer, at the election of the Director of Public Works and in
accordance with his directions and specifications.
F.
Establishment of grade. At the request of the utility company, the
Director of Public Works shall give the utility company an established
grade on any streets, alleys, public parks or easements where it proposes
to install underground utilities.
G.
Emergency. In case of an emergency, when immediate action is necessary
in order to protect life or property, the utility company may proceed
with underground construction subject to obtaining the approval of
such work by the Director of Public Works as soon thereafter as is
reasonably possible.
H.
Restoration of surface. In the event of any such underground construction, the utility company shall leave the surface of the ground, or road, in the same condition as before said work was commenced, and in the event of its failure so to do, the Village may proceed to place the surface of the ground or street in such condition at the utility company's expense. Such work shall comply with the provisions of §§ 460-13 and 460-14 of this chapter.
I.
Non-relief from obligations. Compliance with this section does not
relieve the utility company from any responsibility of any kind whatsoever
by reason of the widening of the travel way, or any other improvements
which may become necessary; nor does it relieve utility from any other
liability; known or unknown in nature.
J.
Compliance with this section shall not relieve the utility company
from the responsibility or obligation of removing, relocating or moving
any of its mains, pipes or property due to the opening, widening or
improving of streets, or due to any other changes which may occur
by reason of which such moving, relocation or removing may be necessary.
K.
Village of Winneconne-owned public utilities are exempt from requirements
of this section.
Except as provided in this section, no land shall be filled,
cut or graded within the Village of Winneconne, nor shall the existing
drainage or topographical characteristics of land within the Village
be changed without the owner of such land first obtaining from the
Village a permit allowing such filling, cutting or change in drainage
or topographic characteristics, as follows:
A.
No permit required for certain activities. No permit shall be required if the filling, cutting, grading or other change in the topographic characteristics of the property involves the placement, removal or movement of not more than 20 total cubic yards of material and will not result in any alteration of the existing drainage of the property or neighboring properties. Filling of Village-owned properties shall be governed by § 460-5.
B.
Permit from Director of Public Works required for certain activities.
A permit from the Director of Public Works shall be required if the
filling, cutting, grading or other change in the topographic characteristics
of the property involves the placement, removal or movement of more
than 20 cubic yards, but not more than 50 cubic yards, of material
and will not result in any alteration to the existing drainage of
the property. Application requirements are as follows:
(1)
Application. The application for the permit shall be on the form
provided by the Village and shall include the following:
(2)
Application denials. The Director of Public Works shall deny the
application if he/she determines that:
(a)
The proposed activity [including any prior activity of a similar
nature within five years of the date of the application] involves
the placement, removal or movement of more than 50 total cubic yards
of material;
(b)
The proposed activity will alter the existing drainage of the
property;
(c)
The proposed activity will have a material adverse effect on
the property, any adjoining property, or the residents of the Village;
or
(d)
The proposed activity violates any other standard established
by this section or any other regulation, ordinance or statute.
(3)
Notification. The Director of Public Works shall issue the permit
or notify the property owner of its denial within five business days
from the receipt of the properly completed application and site plan.
(4)
Appeal of denials. A property owner whose application is denied shall
have the right to appeal the denial to the Plan Commission by filing
a written notice of appeal with the Village within 15 days from the
date of the denial.
C.
Permit from Plan Commission required for certain activities. A permit
from the Plan Commission shall be required if the filling, cutting,
grading or other change in the topographic characteristics of the
property involves the placement, removal or movement of more than
50 total cubic yards of material and will not result in any alteration
to the existing drainage of the property. Application requirements
are as follows:
(1)
Application. The application for such permit shall be on a form provided
by the Village and shall include a site plan showing all existing
and proposed improvements on the property and a topographic map showing
the topography of the land both before and after the implementation
of the proposed change in the topography of the land with sufficient
detail to allow the Plan Commission to properly evaluate the application.
(2)
Fee. A nonrefundable fee as prescribed in the current Schedule of
Fees of the Village must accompany the application.
(3)
Application denials. The Plan Commission shall deny the application
if the Plan Commission determines that:
(4)
Notification. The Plan Commission shall issue the permit or notify
the property owner of its denial within 30 days from the receipt of
the properly completed application, site plan and topographic map.
(5)
Appeal of denials. A property owner whose application is denied shall
have the right to appeal the denial to Circuit Court after first filing
a written notice of appeal with the Village within 15 days from the
date of denial.
D.
Other requirements and standards. The filling or cutting of any property
grading or other change in the drainage or topographic characteristics
of any property shall also be subject to the following requirements
and restrictions:
(1)
Impact on other properties. No change shall be made in the existing
topography of any property that would alter the existing drainage
or topography in a way so as to have a material adverse effect on
any other property, except with the written consent of the owner(s)
of each affected property.
(2)
Alteration of existing drainage. No change shall be made in the existing
topography that would alter the existing drainage characteristics
of the property in a manner that would divert additional drainage
waters onto any highway, street, sidewalk or other public lands without
the approval of the Plan Commission.
(3)
Angle of slopes. Any slope resulting from the filling, cutting or
change in topography of any parcel shall not exceed the normal angle
of slippage of the material involved, and shall not exceed a slope
of a ratio greater than four horizontal to one vertical within 20
feet of any boundary line of a parcel.
(4)
Deposit of fill in conservancy areas. Fill shall not be deposited
in any land within any conservancy zoning district without prior site
plan approval of the Plan Commission.
(5)
Deposit of fill in wetland areas. Fill shall not be deposited in
any land designated as a wetland by the Wisconsin Department of Natural
Resources, except in full compliance with all applicable regulations,
ordinances and statutes.
(6)
Deposit of fill in floodplains. Fill shall not be deposited in any
land designated as a floodplain by the Federal Emergency Management
Agency (FEMA), Wisconsin Department of Natural Resources (DNR) or
the Village, except in full compliance with all applicable regulations,
ordinances and statutes.
E.
Construction activities exempted. This section shall not apply to
on-site activities such as excavations, filling, cutting, grading,
stockpiling and other similar activities undertaken in connection
with the construction or alteration of structures for which a building
permit has been obtained; provided that such activities are conducted
in compliance with the requirements of the building permit and all
other permits, requirements, regulations, ordinances and statutes.
F.
Erosion control requirements. Any person engaged in filling, cutting,
grading or any other activity requiring a permit under this section
shall utilize such silt fencing, erosion barriers, vegetative cover
or other best management practices necessary to minimize erosion resulting
from the activity.
G.
Liability to others. The issuance of a permit under this section
shall not relieve the person conducting the activity from any liability
arising out of the activity or subject the Village to any liability
for such activity.
A.
Purpose. The Public Work Department administers filling activity
on Village-owned lands. Materials typically used for such projects
include mixed dirt, asphalt, concrete, sand, gravel and road mill
material. Examples of possible fill sites include the installation
of a berm and the filling of land to promote the sale of such property.
The Public Works Department may develop policies to govern such filling
activities on Village-owned land, including on work with, and payment
to, private parties and on project timetables.
B.
Areas impacted. The Village's fill projects are designated as:
(1)
The area by the compost site;
(2)
South of Enterprise Road (berm);
(3)
Northwest corner of the intersection of the alley and North 2nd Street;
(4)
Waterfront Park;
(5)
Village property at end of Tower Road;
(6)
Village property located between Grant Street and Enterprise Road;
(7)
Lake Winneconne Park;
(8)
Marble Park;
(9)
Other Village property deemed necessary by the Department of Public
Works.
