Village of Fox Crossing, WI Streets and Sidewalks

No person shall construct or maintain any driveway across any ditch, sidewalk or curbing or enter any road without first obtaining a driveway permit from the Village Board or a designated representative thereof, including the Street Superintendent if so designated.

No building permit shall be issued nor excavation begun where a culvert shall be installed, unless prior thereto a permit for the proper size and type of culvert first is obtained from the Village of Fox Crossing authority and the permit fees required by this section and the escrow required by this section have been paid to the Village. The actual placing and covering of the installed culvert shall be accomplished in accordance with the specifications of the Village, and approval for the completed installation shall be required, in writing, from the proper Village authority designated to inspect said installations.

Permit fee. A culvert permit fee set forth in the Village Fee Schedule, reference this Code section, shall be charged for the issuance of each permit designated for the installation of a driveway or culvert as set forth in Subsection A.

Security deposit.

At the time of issuance of any permit for a culvert under this section, the person receiving said permit shall be required to deposit with the Village a security deposit set forth in the Village Fee Schedule, reference this Code section, for the proper performance and installation of the culvert as required under all aspects of this section.

A fee shall also be deposited at the same time as the security deposit for the proper performance and maintenance of the ditch line during the time of construction.

The culvert security deposit shall be returned to the permit holder upon satisfactory installation of the culvert, as determined by the Village Building Official.

The ditch line security deposit shall be returned to the permit holder upon satisfactory completion of the major construction and landscaping work on the premises, as determined by Village Building Official.

Procedure for installation.

After the issuance of a permit, the Village shall, within five days, cause the staking of the grades for the elevation of the culvert. No culvert shall be installed until such staking has been completed.

The culvert shall be required to be installed according to the stakes established by the Village, the Street Superintendent or the Village Engineer.

Notice is required to be given by the person installing said culvert within five days of the installation, at which time the Village shall make an inspection to determine that the culvert was appropriately installed.

In the event of the failure of the permit holder to properly install the culvert, upon a finding by the Village Engineer or Street Superintendent of said improper installation, the contractor shall be given 30 days' notice, in writing, to repair, modify or reinstall the culvert according to the specifications of the Village. At the expiration of the 30 days, the Village shall cause the culvert installation to be reinspected, and charges of the reinspection shall be borne by the contractor and shall be taken from the funds placed in escrow as provided in Subsection C above.

In the event that the contractor continues to fail to follow the specifications and has not repaired the improper installation within the period of 30 days following the written notice, the Village of Fox Crossing shall retain the security deposit and shall thereafter move to install the culvert in the appropriate manner. The determination of the defective installation shall be made by the Village Engineer, in writing, to the Village Board. The entire amount of the remaining funds in escrow shall be forfeited to the Village upon failure to comply with the requirements of this section, and which funds shall be applied to cover all costs of additional engineering, expenditures and work by the Village of Fox Crossing, and costs of hiring the repairing and replacement of the culvert installation. The balance of funds left in the escrow account, if any, shall be returned to the person taking out the permit.

§ 337-2 Extensions for existing culverts.

Permit required. No existing culvert installations may be extended without first obtaining a permit for the extension from the Village of Fox Crossing or its designated agents.

Permit fees for the extension of existing culverts shall be an amount set forth in the Village Fee Schedule, reference this Code section. Additional engineering charges may be assessed according to the terms and conditions of this section.

This section shall apply only where an existing culvert has been installed for a driveway or drainage in the ditches in the Village of Fox Crossing. The connection of any pipe to either end of an existing culvert installation shall be considered an extension of that culvert installation.

Permit issuance shall be upon the following terms and conditions:

No extension shall exceed 10 feet in length, excluding endwalls, except as provided in Subsection D(5).

No extension shall cause the existing culvert and its extension together to exceed a total length of 40 feet, excluding endwalls, except as provided in Subsection D(5).

The officer issuing the permit shall first check the installation for unusual problems. In the event it is necessary to use the assistance of the Village Engineer, the officer shall obtain the agreement from the applicant that they shall deposit the estimated cost of engineering services before issuance of the permit. The applicant shall further be required to pay all necessary engineering costs related to the extension, including charges in excess of the required deposit estimated as the cost under this subsection.

The permit officer shall have the right to refuse the extension permit if it is determined that the existing installation already constitutes an impediment to drainage or requires substantial adjustment in order to maintain adequate drainage flows, or that an addition or extension to the existing culvert would create an obstruction or impediment to existing drainage flows.

On property which is zoned for commercial or industrial purposes, an extension of an existing culvert or the installation of a new culvert may be allowed which shall bring the total length of the driveway culvert to a maximum length of 60 feet, provided that the sixty-foot culvert length is necessary for ingress and egress of traffic. The total culvert length for driveways whose main function and/or purpose is for employee or customer parking is hereby limited to 40 feet. Any extension of an existing culvert or the installation of a new culvert made under the provisions of this section shall be subject to the installation of one or more cleanouts as determined by the permit officer after consultation with the Street Department.

§ 337-3 Regulation of culverts.

The individual property owner shall pay the total cost of all culverts of 24 inches or less in diameter where the installation thereof is on the right-of-way abutting the property owner's land.

Where the Village authorities determine a culvert is needed in excess of 24 inches in diameter, the Village shall pay the cost of the additional culvert size, and endwalls over 24 inches, amount to be determined as follows, in the form of a payment directly to the person installing said culvert. This payment is to be made upon the request of the person installing said culvert and shall be made following satisfactory inspection of the installation by the Village. Said payments shall be authorized by the Village official issuing the permit, and the Village Board.

The property owner shall pay the total cost of installing such culverts, including the cost of the culvert.

All culverts on Village roads in the Village of Fox Crossing, Winnebago County, Wisconsin, shall be installed according to the grade set by the Village Engineer.

Only galvanized steel culvert pipe and endwalls or reinforced concrete pipe and endwalls shall be allowed to be used for installations in the Village. The minimum length of any installation shall be 24 feet of actual culvert pipe and the maximum length shall be 40 feet of actual culvert pipe, except that the sixty-foot maximum length allowed by § 337-2D(5) shall be allowed if all provisions of that subsection are applicable and all conditions are met. Other installations may be made in excess of 40 feet only on the permission of the Village Board and only under the conditions set for the installation by the Board. All installations shall be required to have endwalls on both ends of the culvert pipe. All descriptions of length hereunder do not include the endwalls and the extension of the endwalls beyond the end of the pipe is in addition to those lengths mentioned herein. This section shall apply to all new installations after June 1, 1979, and shall apply to all replacement installations of culvert pipe after June 1, 1979.

The Village Engineer shall designate the size and diameter of the culvert to be installed. In the event of disagreement by the owner with the Village Engineer, the owner may request the Village Board to review the matter and set the required diameter.

Installation requirements.

To protect the culvert from crushing, breaking or bending or any other damage, it is required that a minimum of eight inches of crushed rock or gravel be placed on the top of the culvert.

In the event eight inches of cover would bring the grade level too high, the installation of an arch (oval) culvert pipe may be required by the Village Board.

Bedding and filling around the pipe and bedding and filling beneath the pipe shall be done with crushed rock, stone, gravel or other material approved by the Village Board, but in no event shall dirt, clay or other loose ground be used.

§ 337-4 Occupancy of right-of-way.

Policy. It is the policy of the Village of Fox Crossing, in and for the public interest, to permit utility facilities to occupy road or street right-of-way and other Village easements owned by the Village, subject to the regulations and conditions in this section to assure the Village protection against unwarranted interference or conflicts with the Village's use of said right-of-way or easement. The regulations contained in this section are to be implemented and enforced with the goal of eliminating or minimizing costs to the Village of Fox Crossing. This policy acknowledges that utilities operate with regulatory constraints, and when resolving conflicts under this section, the Village shall consider, but is not bound to make decisions in accordance with, said regulatory constraints.

Purpose. The purpose of this section is to establish procedures for the implementation of § 84.063, Wis. Stats., and to prevent delays and/or costs from being incurred by the Village or the Village's contractors as it regards delay and expense to the scheduling of utility relocations and establish the penalties and damages for violations as permitted pursuant to § 66.0831, Wis. Stats.

Notice. Utilities shall be presumed to have notice of this section through its publication. This section will be provided to all utilities or any other entity permitted to install said utilities within the right-of-way of any public street of the Village. Reference to these regulations shall be made in all permits to occupy any portion of a Village road right-of-way. Regardless of the date the utility began occupancy, compliance with the regulations and conditions of this section is required as a condition of continued occupancy of the Village's right-of-way or easement.

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

CONFLICT

The utility facility is located on the right-of-way or easement so as to interfere with the Village's project in such a way that proceeding with the Village's project will damage said utility facility or has, in the opinion of the Village Engineer, the potential or possibility to cause damage to the utility facility if not moved or protected.

DAYS

Calendar days.

FINAL PLAN

Engineering diagrams, plans or specifications that are sufficiently detailed and contain construction plans upon which contractors can calculate and submit bids for the completion of the project and upon which the utility can determine the relocation of utility facilities and eliminate conflict with the Village's project.

PRELIMINARY PLAN

Engineering diagrams, plans or specifications that are sufficiently detailed to allow a utility to determine whether the Village's project will be in conflict with the utility's existing location.

UTILITY

Any public or private entity or utility owning utility facilities located in the Village right-of-way.

UTILITY FACILITIES

Includes any utility pipe, pipeline, wire, cable, cable service, duct, conduit, fiber optics, radio signal or electrical transmission equipment and associated utility plant and equipment, whether underground or aboveground in the municipal right-of-way.

Project work, accommodation or relocation procedures.

Within 15 days of the appropriation of funds by the Village Board to finance a roadway project or other Village project on a Village right-of-way or easement, the Village will send notice to all utilities believed to have utility facilities located in the Village road right-of-way. It shall be the obligation of the owner of the utility facilities to notify the Village, in writing, within 15 days of the receipt of notice of the project, verifying that the utility facilities are located in the project area of the Village right-of-way. Failure to respond shall mean that the utility represents that it has no utility facilities in the project right-of-way or easement and shall cause the utility to be responsible for said representation and any penalties or damages incurred as a result of said representation.

Upon completion of the preliminary engineering plans by the Village Engineer, but not less than 20 days after the notice in Subsection E(1), said plans shall be sent to all utilities having notified the Village of having utility facilities in the Village's road right-of-way or easement.

Within 30 days of mailing of the preliminary plan, the utility shall notify the Village of any conflict which may result in damage to the utility facility as it relates to the Village's planned construction and shall, within 45 days after receiving the preliminary plan, submit a written work plan providing a proposed resolution of the conflict which will eliminate the conflict and potential for damage to the utility facility without cost to the Village or shall negotiate a resolution of the conflict by agreement to pay costs to the Village to resolve that conflict. If the resolution and the agreement cannot be completed within 45 days, the utility may request, in writing, an extension of 15 days to resolve conflicts.

In the event the resolution of the conflict cannot be completed within 60 days of the mailing of the preliminary plan, the Village Board of the Village of Fox Crossing shall review the proposals for resolution of conflicts and shall direct and order a specific resolution deemed necessary in order to complete the Village's project, which resolution eliminates or minimizes cost to the Village and the Village taxpayer.

Not less than 60 days after the mailing of the preliminary plan, the Village shall mail a final plan to the utility having given notice that it has utility facilities within the project area. The mailing of the final plan constitutes notice that the conflicts with the Village's project or the work to be done by the Village's contractor shall be eliminated within 60 days in accordance with the resolution of the conflict under Subsection E(3) and (4) above. In the event unforeseen site conditions or other unforeseen circumstances necessitate a modification to the final plan, the Village may follow the procedures commencing with Subsection E of this section or, in the alternative, shall follow the emergency procedure under Subsection F.

Emergency procedures. These emergency procedures are applicable to all situations where circumstances create the need to relocate utility facilities or protect utility facilities located in the Village's right-of-way or easement and the nature of the circumstances constitutes an emergency and does not allow for following the relocation procedure of Subsection E. In the event the relocation of utility facilities has been made necessary by emergency circumstances beyond the control of the Village and the Village is unable to comply with notice provisions of Subsection E of this section, the Village may declare the relocation to be an emergency relocation and so notify the utility, in writing, by personal delivery. The utility shall respond to the Village's emergency notice within 24 hours and a representative of the utility shall meet with the Village representatives within 48 hours of the notice and shall agree to a resolution of the utility conflict to the satisfaction of the Village. If the Village and utility fail to agree on a resolution, the Village shall take the action it deems necessary to resolve the emergency and shall notify the utility, in writing, of the intended actions and the estimated cost and/or expense which will be incurred as a result of such action. The Village and Village's contractor shall keep a record of actual costs incurred and notify the utility, in writing, of the actual costs. Failure to pay said cost or expense within 60 days of notice thereof shall constitute a violation of this section and shall be collected by the Village as forfeiture in municipal court as provided in Subsection G of this section. In the event the utility objects to said action or the cost or expense related to said action the utility may, within 60 days from the date of the notice of said actual cost and/or expense, file a declaratory action with the Circuit Court of Winnebago County. The Court shall determine the amount of the forfeiture to be assessed to the utility based upon the expense or cost incurred by the Village or the Village's contractors that resulted from relocation and/or protection from damage of the utility's facility or alteration of the Village's plan or project to avoid damage to the utility facility.

Penalties.

A utility that fails to eliminate the conflict by such actions that are in compliance with this section and approved by the Village within the time period required by this section shall be deemed to be in violation of this section and shall cause the utility to be liable as and for a forfeiture to the Village for all cost and/or expense to the Village resulting from the failure to comply.

A utility found to be in violation of this section shall forfeit not more than an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, for each violation, in addition to the forfeiture damages set forth in Subsection G(1).

§ 337-5 Excavations, alterations or obstructions within right-of-way.

No individual, partnership or corporation shall cause any excavation, alteration or obstruction (excluding trees, see § 337-18) within Village of Fox Crossing rights-of-way or easements without first obtaining a construction/excavation permit application and subsequent approval by the Village Street Superintendent or Village Manager. No rock gardens, boulders, benches or fences shall be built or maintained in any public right-of-way.

Utility service connections. A nonreturnable fee set forth in the Village Fee Schedule, reference this Code section, shall accompany the construction/excavation permit application for the installation of utility services to the utility main. A detailed drawing showing all existing utilities, structures and improvements into the proposed installation area, including the proposed location of the new work, shall accompany the permit application.

Utility mainline extensions. A nonreturnable fee set forth in the Village Fee Schedule, reference this Code section, shall accompany the construction/excavation permit application for the installation of utility mainline extensions. A detailed drawing showing all existing utilities, structures and improvements in the proposed installation area, including the proposed location of the new work, shall accompany the permit application. The drawing shall bear a signature from an authorized representative of the Village of Fox Crossing Utility District, verifying mutual design and planning of the proposed mainline extension with regard to existing underground utilities.

Streetlight installation exempt from fee. There shall be no permit fee for the installation of streetlights requested by the Village and the above-described fees in Subsection A(1) and (2) shall be waived for installation of streetlights.

The construction/excavation permit shall be reviewed by the Village Street Superintendent or designee who shall prepare a written report with a recommendation as to approving or denying the requested permit. Upon approval of the permit by the Street Superintendent, Village Manager or designee, the Street Superintendent shall issue a construction/excavation permit to the applicant. The applicant shall notify the Street Superintendent 48 hours prior to commencing work.

For the purpose of this section, Village of Fox Crossing rights-of-way and easements are construed to be areas as designated by the Village of Fox Crossing Official Map and recorded as such in the Village records.

The Village Street Superintendent shall prescribe the conditions under which the excavation, alteration or obstruction shall be made, and it shall be the duty of the Street Superintendent to ensure that all conditions of the approved permit are complied with strictly and that the work is completed in a timely manner. A final inspection of the completed restoration and cleanup shall be made by the Street Superintendent.

Before a construction/excavation permit may be issued under this section, the applicant receiving said permit shall deposit with the Village Clerk's office a security deposit as set forth in the Village Fee Schedule, reference this Code section, for the proper performance, installation and restoration of the work as defined in the approved permit. An annual security deposit may be given under this section exclusively covering utility service connections by the principal for one year, beginning January 1, which shall be conditioned as specified below.

The construction/excavation security deposit shall be returned to the applicant upon satisfactory completion of the project and restoration work, as determined by the Street Superintendent.

In the event of the failure of the applicant to properly perform the conditions of the approved permit, the Street Superintendent shall give to the applicant a thirty-day notice, in writing, to repair, modify or restore said conditions according to the specifications of the Village of Fox Crossing. At the expiration of the 30 days, the Village, or its contractor, shall perform the necessary repair, modification or restoration, as determined by the Street Superintendent, and shall deduct the cost of said repair, modification or restoration from the construction/excavation security deposit. The balance of funds left in the escrow account, if any, shall be returned to the permit applicant.

Before a construction/excavation permit may be issued, the applicant must execute and deposit with the Village Clerk an indemnity bond, approved by the Village President, in an amount set forth in the Village Fee Schedule, reference this Code section, conditioned that he shall indemnify and save harmless the Village of Fox Crossing and its officers from all liability for accidents and damage caused by any of the work covered by his permit, and that he shall fill up and place in good and safe condition all excavations and openings made in the road, and shall replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Village Board for a period of one year, and that he shall pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing road openings or drain laying adopted by the Village Board, and shall repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Village. Such bond shall also guarantee that if the Village shall elect to make the road repair, the person opening the road shall pay all costs of making such repair and of maintaining the same for one year. Recovery on such bond for any accident, injury, or violation of law, ordinance, rules or regulation shall not exhaust the bond, but it shall cover any and all accidents, injuries or violations during the period of excavation for which it is given. An annual bond may be given under this section covering all excavation work done by the principal for one year, beginning January 1, which shall be conditioned as specified above and in the amount determined by the Village Board as necessary to adequately protect the public and the Village.

Before a construction/excavation permit may be issued, the applicant must furnish the Village Clerk with written evidence that he has in force and shall maintain during the course of the work public liability insurance of not less than $100,000 for one person, $300,000 for one accident, and property damage insurance of not less than $100,000.

Signs, guardrails and other appurtenances within the Village right-of-way limits shall be removed and/or installed by Village personnel only. The applicant must give a one-week advance notice to the Street Superintendent for the removal of such signs, guardrails, etc., that obstruct or interfere with the applicant's ability to perform the work and conditions of the permit. The cost of such removal shall be borne by the applicant and deducted from the construction/excavation security deposit. The cost shall be based on a per-cost fee set forth in the Village Fee Schedule, reference this Code section, which shall include removal and installation.

In the event of unauthorized excavations, alterations or obstructions within Village of Fox Crossing rights-of-way, the individual, partnership or corporation causing such excavation, alteration or obstruction shall be fined an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, for each violation or infraction thereof.

§ 337-6 Ditch maintenance.

This section and regulation shall apply to all property owners in the Village of Fox Crossing owning property which abuts upon any ditch or natural watercourse which exists upon easements for roads or ditches in the Village of Fox Crossing. The requirements of this section shall exist and obligate the property owner relevant to the maintenance of said ditches or watercourses for all such ditches or watercourses within 50 feet of the property line of said property. In the event the easement is less than 100 feet and is bordered on two sides by private property owners, each property owner shall be responsible for that 1/2 of the easement adjacent to his property.

Any property owner in the Village of Fox Crossing who has property which abuts any ditch or watercourse as described above shall be responsible to maintain said watercourse and/or ditch to allow the free, open and continuous flow of water through said ditch or watercourse.

Where there occurs in said ditch or watercourse any accumulation or deposits of materials or vegetation other than naturally deposited snow and/or ice which shall create a condition that shall cause the obstruction, diversion, or blockage, temporary or otherwise, of water, which blockage causes the backing up of the water flow or stagnation of the water, or causes said water to flow upon property of another or of the Village of Fox Crossing outside of the area of said easement for said ditch or watercourse, the property owner shall be required to remove such blockage, obstruction or materials causing diversion within 48 hours of notice, in writing, from the Village of Fox Crossing. If the owner of said property or premises shall fail to remove such blockage, obstruction or diversion as required by this section, the Village of Fox Crossing, under the direction of the Village Board and Village Street Department, shall do said work and the expense thereof shall be calculated and shall be made a special tax upon the property adjacent to which the work was done pursuant to the above definition of areas of responsibility of the property owners, except for Main Drainageways A-Q as shown on the map which is kept on file in the Village Clerk's office.

Ditches may be enclosed with the installation of an appropriately sized pipe or culvert upon the request of the abutting property owners and the approval of the Village Board. The full cost of such an installation and restoration shall be borne by the property owners requesting the same. Recommendation on the project must be given by the Village Engineer and the Village Street Department prior to commencement of the work, and it must be inspected during the installation, along with final inspection. All costs of clearing, ice removal, and other maintenance work shall be borne by the abutting property owners.

§ 337-7 Village work excluded.

The provisions of this chapter shall not apply to excavation work under the direction of the Street Superintendent by Village employees or contractors performing work under contract with the Village necessitating openings or excavations in Village roads.

§ 337-8 Excavation in new road limited; emergency excavations.

Whenever the Village Board determines to provide for the permanent improvement or repaving of any road, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Village Board, the Street Superintendent shall notify, in writing, each person, utility, Village department, including sanitary and utility districts, or other agency owning or controlling any sewer, water main, conduit or other utility in or under said road or any real property abutting said road that all such excavation work in such road must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open, cut, or excavate said road for a period of five years after the date of improvement or repaving unless, in the opinion of the Street Superintendent, an emergency exists which makes it absolutely essential that the permit be issued. In the event of an emergency, any person owning or controlling any sewer, water main, conduit or utility in or under any road and his agents or employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person shall apply for an excavation permit not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining a permit hereunder.

§ 337-9 Obstructions and encroachments.

No person shall encroach upon or in any way obstruct or encumber any road, 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.

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

Signs or clocks attached to a building 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, road or alley.

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

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

Excavations and openings permitted under §§ 337-1 and 337-3.

No person shall allow, permit or cause the accumulation of any materials in or upon the roadways or road ditches of the Village which in any manner obstruct the flow of water, causing diversion of water from said ditch or causing the stagnation of water flowing therein.

§ 337-10 Depositing snow on public rights-of-way; removal of snow and ice on sidewalks.

No person shall remove or caused to be removed any snow or ice from a premises owned or occupied by that person or from any residence, parking lot, parking area, filling station, business property or other property owned or occupied by said person by placing said snow onto the traveled portion of any public right-of-way, including paths and walkways. Snow removed from public walks shall not be stored in any manner which shall obstruct or limit vehicular or pedestrian vision, movement or access.

No person shall deposit any snow or ice upon the traveled portion of any sidewalk, alley or road or street of the Village of Fox Crossing contrary to the provisions of this section. It is hereby made to be a nuisance and the Village of Fox Crossing Police Department shall be empowered to issue citations for this violation, the penalty for which shall be amounts set forth in Chapter A450, Fines and Penalties, reference this Code section. In addition to the penalties provided for the violation of this section, the Village of Fox Crossing may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice has been removed, and upon failure to pay the same, said may be charged as a special assessment upon the tax bill to the owner of the property from which the snow or ice removal was necessitated.

Sidewalks to be kept clean.

The owner and occupant of any lot or parcel in the Village abutting upon a public sidewalk shall, within 24 hours after the cessation of any storm during which snow has fallen, remove or cause to be removed from the portion of such sidewalk abutting his property all snow and ice which accumulated thereon. When ice or snow has formed on any sidewalk such that it cannot be immediately removed, said sidewalk shall be sprinkled with salt, sand or some other form of acceptable deicing material.

If any such owner and occupant fail to remove or cause to be removed such accumulated snow and ice within the twenty-four-hour period, the Village of Fox Crossing Police Department shall give written notice to said owner to remedy the situation which shall be served personally or posted at the premises. Said notice shall specifically state that the period of time within which the action must be taken is 24 hours from the time of notice.

If the owner and occupant refuses or neglects to follow the order of the Village, the Village may remedy the situation and shall report the full cost thereof to the Village Clerk, who shall thereupon bill such cost against the property owner and, if not paid, shall charge the owner (plus interest at an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, per month) by special assessment to the property.

No person shall interfere with the accessibility to a fire hydrant by piling or dumping materials (including snow or ice) near it without first obtaining permission from the appropriate municipal authority. The material piled or dumped near the hydrant includes snow and ice removed from private property. Every day during which such interference continues constitutes a separate offense.

§ 337-11 Mailbox damage.

The Village assumes no responsibility for the replacement or repair of the following items where such loss, damage, or injury to such items is the result of Village operations, including maintenance, snowplowing, and construction or reconstruction of roadways or ditches, which work is being performed by the Village or the Village's contractor on the Village's road rights-of-way, road surfaces, and ditches: mailboxes, driveway culverts, driveway surfaces (other than gravel), fences, trees or shrubbery, or any other item or object installed in the road right-of-way, even if installed with the required Village permits.

§ 337-12 Road privilege permit.

Permits for the use of the roads, alleys, sidewalks or public ways or places of the Village may be granted to applicants by the Village Board for the purpose of moving any building or structure or of encumbering the road, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided that such applicant has complied with the other requirements of this section and has obtained a building permit if required by the code.

No road privilege permit shall be issued until the applicant shall execute and file with the Village Clerk a bond in an amount determined by the Village Board, conditioned that the applicant shall indemnify and save harmless the Village of Fox Crossing from all liability for accidents or damage caused by reason of operations under said permit and shall leave the vacated premises in a clean and sanitary condition and repair any and all damage to the roads, alleys, sidewalks or public property of the Village resulting from such building or moving operations.

The fee for a road privilege permit shall be an amount set forth in the Village Fee Schedule, reference this Code section.

The permission to occupy or obstruct the roads, 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 Village Board for violation thereof:

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

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

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

No building or structure shall be allowed to remain overnight on any road 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 Village Board.

(6)

Upon termination of the work necessitating such obstruction, all parts of the roads, 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 road 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 Board.

In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any unlawfully obstructed road shall refuse or neglect to remove such obstruction within 24 hours after notice from the Village Board to do so, it shall be the duty of the Village Board to direct removal of such obstruction and make return of the cost and expense thereof to the Village Clerk, who shall enter such cost on the next annual tax roll as a special charge against the property abutting such obstructed road, and such sum shall be levied and collected as other special taxes against real estate.

§ 337-13 Road reconstruction and special assessments.

All special assessment taxes levied by the Village shall be paid by the owner of the property being assessed in the following manner, unless otherwise determined by the Village Board prior to any Village public works project:

In equal annual installments over a period not to exceed five years unless extended by Village Board, but no installment shall be less than an amount set forth in the Village Fee Schedule, reference this Code section, except the last installment.

The Village shall invoice the owner of the property. Interest shall run on all unpaid installments from the date of the special assessment invoice, unless the special assessment invoices are paid by the due date. Unpaid special assessment invoices shall be included on the tax bill for the predetermined amount of installments at the percentage rate set forth in the Village Fee Schedule, reference this Code section, per annum over the borrowed interest rate of the Village for the project.

Method of calculating special assessments.

The Village's standard method of calculating special assessments shall use the following formula: Assessable cost/assessable frontage = per-foot assessment.

The above-determined per-foot assessment shall then be applicable to assessable footage within the Village's jurisdiction for each such public works construction project; provided, further, that any outside funding received by the Village of Fox Crossing for the project(s) shall be spread proportionally over the Village and assessable portions of the project. In the event the outside funding is applicable to only a portion of the project, the funding shall be applied to the particular item whether it is within the Village or assessable portion of the project.

The Village of Fox Crossing's Village Board may utilize the following assessment options/methods at its discretion based upon the circumstances of each special assessment project, and include, but are not restricted to, the following:

Front-foot basis.

Per-parcel basis.

Area-wide basis.

Square-foot basis.

Impervious-surface (hydraulic acre) basis.

A public hearing shall be held pursuant to Chapters 61 and 66 of the Wisconsin Statutes, as now in force and effect or as hereinafter amended, by the Village Board prior to ordering the special assessments permitted by this section and prior to start of actual construction.

Street/roads. The Village of Fox Crossing street/road assessment policy shall be as follows:

The Village of Fox Crossing shall build all collector and arterial streets to Village specifications, currently requiring a minimum road width of 37 feet back-to-back with curb and gutter. The Village reserves the right to determine the actual road profile of a reconstruction project based on average daily traffic count (ADT), as well as projected growth in the area. This may include turn lanes and medians if necessary for safe traffic flow. The Village of Fox Crossing shall resurface a Village road when the surface conditions warrant resurfacing. The Village shall attempt to adhere to a predetermined schedule for resurfacing existing roads. The Village shall reconstruct a Village road when the ADT reaches a predetermined amount. The average daily traffic count for a major collector is 2,500 to 3,500 vehicles per day. This system is devised to drive the decisionmaking process through an analysis of road condition and traffic volume data.

The Village shall pay to replace existing roads, regardless of increased width. This policy assumes that the affected property owners have already paid for a road and do not require an increased pavement width to service their property. The width of the road is driven by additional development and traffic volume, not necessarily by those who abut the road. This policy includes local roads (subdivisions). Whether the local road requires an overlay that includes milling or pulverization shall be determined by the Village Board on a case-by-case basis and based on data provided by the Street Superintendent and the Pacer Ware rating for the road. The Village shall pay the full cost for a local road resurfacing. When a full reconstruction of a local road is necessary and includes improvements not already installed, the Village shall pay the costs associated with the road and all new improvements shall be assessed against the abutting properties. This includes but is not limited to improvements such as stormwater pipe, curb and gutter and recreation trails or sidewalks.

The Village shall strive to resurface local roads on a scheduled basis assuming the life of an asphalt road is approximately 20 years. The Village shall utilize the Pacer Ware computer program to assist in determining which roads are scheduled for resurfacing. The Village shall consider resurfacing of a road when the Pacer Ware rating is a five or below.

The Village shall assess affected property owners for the full amount associated with the installation of curb and gutter, pedestrian trail on one side of the road, and storm sewer pipe to a twenty-four-inch equivalent when these improvements are not currently in place. This assumes that the affected property owners are only paying for those infrastructure improvements that they do not presently enjoy.

The Village Board reserves the right to determine when a road is reconstructed regardless of the ADT, based on budgetary constraints. The cross-sections (road profile) for a local road and a standard thirty-seven-foot-wide arterial road are included in this chapter and adopted by specific reference.

Sidewalks. The Village of Fox Crossing's sidewalk assessment policy shall be as follows:

The full cost for the construction of a sidewalk or recreation trail shall be assessed against the abutting property owner(s). Any grant money received by the Village toward the construction of a sidewalk or recreation trail shall be deducted from the overall project cost before the assessment is calculated on a per-linear-foot basis.

Stormwater assessment. The Village of Fox Crossing shall assess for the installation of stormwater drainage pipe as follows:

"Assessment area" shall be defined as follows:

Any platted subdivision (development) to be served by storm sewer; or

Any other area that is not a platted subdivision, as determined by Village Engineer, which is to be served by storm sewer.

The following items shall be fully assessed to all property owners in the assessment area:

Storm sewer mains 24 inches in diameter and less.

Storm sewer manholes four feet in diameter.

(c)

All appurtenances, including inlets, catch basins, yard drains, and leads.

(d)

All roadway and lawn restoration costs.

(e)

Engineering, legal, and administrative fees.

(f)

Storm sewer laterals for sump pumps (one sump pump lateral per parcel).

Storm sewer mains greater than 24 inches in diameter shall be assessed using the following formula: cross-sectional area of twenty-four-inch-diameter pipe divided by the cross-sectional area of the storm sewer pipe greater than twenty-four-inch diameter equals percentage of pipe cost to be assessed.

Storm sewer manholes greater than forty-eight-inch diameter shall be assessed using the following formula: cross-sectional area of forty-eight-inch-diameter manhole divided by the cross-sectional area of the manhole greater than forty-eight-inch diameter equals percentage of manhole cost to be assessed.

Storm sewer shall be assessed on a front-foot basis unless determined otherwise by the Village Board. "Assessment rate" is defined as total assessable cost divided by assessment frontage. Assessable frontage shall be determined by the same methodology used for street construction or reconstruction. Multiple-fronted lots shall be assessed for frontages where storm sewer is installed in street right-of-way, even if storm sewer is not installed adjacent to the particular property. More than one sump pump lateral per parcel shall be individually charged to the particular parcel.

Ditches. The Village of Fox Crossing shall bear the full cost of maintaining its stormwater drainage system.

Special consideration, applicable to pavement, curb, and gutter projects only:

Multifronted lots.

Assessment shall be adjusted for multifronted lots in the following manner: Multiple-fronted lots: Frontage on any constructed side in excess of 100 feet shall receive a 75% forgiveness, up to a maximum of 100 feet.

This multiple-fronted lot formula shall apply to each side of the lot.

Prohibited access. Any lot with frontage on a road, where access to said road is prohibited by a governing body, shall have no assessment for said road reconstruction project as to that portion of the project dealing with pavement, curb and gutter.

Irregular lots. Triangular lots and lots on cul-de-sac streets shall be assessed for pavement, curb and gutter projects only based on the following:

When special assessments are based upon a front-foot basis, the frontage calculation for irregularly shaped lots shall be as follows: When the actual frontage is more or less than the average width of a lot (measured by dividing the total lot area by the average depth), the frontage calculation for assessment purposes shall be based on average width, but in no event shall the assessment be for less than 75 feet of frontage.

The frontage calculation for triangular parcels of land shall be established by dividing the total lot area by the average depth of the adjoining parcels along the same frontage, but in no event shall the assessment be for less than 75 feet of frontage.

Nonidentified shaped lots shall be determined individually by the Village Board prior to assessment as applicable to pavement, curb and gutter projects.

If a multifronted lot is split into two or more parcels prior to completion of construction and assessment, the newly created interior lot(s) shall be subject to full frontage assessment, without consideration for any credits under any of the above subsections.

All of the above subsections dealing with credits for multifronted lots, etc., in particular Subsection F, shall not be applicable under § 337-15, where § 337-15 is then applicable to first and final paving within a subdivision or under any situation where first and final paving is the responsibility of a subdivider or owner creating a street by certified survey map, etc.

Special assessments payable in the event of annexation.

Under the preceding subsections of § 337-13, the Village of Fox Crossing shall bear a share of construction project costs. All final special assessment resolutions shall provide that as to each abutting property owner involved in a particular assessable construction project within the Village of Fox Crossing, who bears any assessment for public improvements payable in installments, the annual installments shall be increased by a proportionate share of construction project costs previously paid by the Village of Fox Crossing in those circumstances where an abutting property owner's property is annexed to a neighboring municipality and where said annexation takes place at any time during the period commencing from the date of adoption of the final special assessment resolution, and when installment special assessments remain due and payable to the Village of Fox Crossing from abutting property owners. For those abutting property owners who have paid lump sums, this deferred assessment shall also become then due and payable upon annexation.

Any Village of Fox Crossing construction project costs previously paid by the Village of Fox Crossing and then assessed to an abutting property owner because of annexation under Subsection H(1) above shall be computed by the Village of Fox Crossing, written notice thereof shall be given to the abutting property owner and the amount so computed and assessed shall be payable immediately.

The Engineer's report, available at the date of public hearing following adoption of the preliminary special assessment resolution, shall set forth the application and projected additional assessment costs that may be caused by an annexation under the terms of this Subsection H.

Nothing in this section shall be deemed as a waiver at the Villages' ability to impose assessments in a manner consistent with Wisconsin law or other applicable law, including but not restricted to the Village's ability to exercise its police powers under Chapters 61 and 66, Wisconsin Statutes.

If any portion of this § 337-13 is declared unconstitutional or invalid, said declaration shall not invalidate those remaining portions of § 337-13, and said remaining portions shall remain in full force and effect.

§ 337-14 Parking lot restrictions.

Parking of automobiles or other motorized vehicles on private premises shall be so regulated as to not interfere with the use of any Village road or public right-of-way. Where parking lots or areas are located immediately adjacent to a public road or right-of-way, a physical divider shall be placed at the end of the parking lot or area adjacent to the public road to prevent invasion of the public right-of-way. Points of ingress or egress to private parking areas shall be plainly marked, and no single parking area shall have more than one point of ingress or egress per 100 feet along such public road. The physical barriers shall not be less than two feet above the parking lot surface. Applications for variations of the number or distance of points of egress or ingress may be granted, in writing, by the Village Board. The owner of any such premises shall be liable hereunder.

Violations of this section shall be punishable by the imposition of a fine or forfeiture set forth in Chapter A450, Fines and Penalties, reference this Code section, for each day of violation. Upon a finding of guilty of a violation hereunder and failure to pay the forfeiture imposed, said convicted person may be imprisoned for a period not to exceed 10 days for each violation.

§ 337-15 New Village road requirements.

No Village road shall be accepted by dedication or deed unless the person desiring to dedicate and deed to the Village said road shall have first obtained the approval of the Village Board of the points of access to existing Village roads and shall have improved said roadway to the grade and road base requirements of the Board.

The liability for accident or injury occurring upon any proposed roadway shall be the liability of the owner until both dedication and deeding are completed and accepted by the Village Board.

Failure to obtain and comply with Village Board requirements shall constitute basis for refusal to accept said dedication and/or deed. Roads shall not be maintained by the Village of Fox Crossing until dedication and recording of the deed are completed and accepted by the Village.

Streetlight installation.

All new streets within the Village of Fox Crossing shall have streetlights installed at the time the street is constructed in accordance with the Village of Fox Crossing Street Lighting Policy.[1]

[1]

Editor's Note: The Street Lighting Policy is included as an attachment to this chapter.

The cost of installation shall be paid by the developer in accordance with the procedures listed in the Village of Fox Crossing Developer's Agreement.

All of the terms and conditions of § 337-13I created June 8, 1987, are incorporated within this § 337-15 as if set forth herein in full.

All new Village public roads and streets shall be installed by private construction contract (as more fully described below).

Private construction of all new roads and streets intended to be dedicated as public shall be as follows:

Prior to the construction of any road or street in the Village of Fox Crossing (hereinafter referred to as "Village") intended to be dedicated as a public road or street, the developer/owner (hereinafter referred to as "developer") shall enter into a "Roadway Development Agreement/Development Agreement" (hereinafter referred to as "Agreement") with the Village. The Village Board shall establish the Agreement by resolution, and the content and form of the Agreement may be modified on a case-by-case basis at the sole discretion of the Village Board. The Agreement shall be approved by the Village prior to the commencement of construction of the street or road. The Agreement shall include, but shall not be limited to, the following provisions:

The developer shall provide a financial guarantee to the Village to pay for the cost of any and all phase(s) of street construction the developer intends to complete pursuant to the Agreement. The financial guarantee shall be approved by the Village prior to the commencement of construction of any portion of the street or road. The financial guarantee to the Village shall be provided in any of the following forms:

[1]

Irrevocable letter of credit.

[2]

Escrowed funds with the Village of Fox Crossing.

The financial guarantee described above shall be in an amount sufficient to pay for the entire construction costs of the road and/or street and contingencies as determined by the Village Engineer.

The developer shall make written application to the Village of Fox Crossing for construction of a new road, including storm sewer, indicating location, use, name, type of surface, desired time schedule, indication of Planning Commission approval and detailed construction plan. The construction plans must meet the Village requirements contained in the "General Specifications, Village of Fox Crossing" that are in effect at the time of application. Further provisions concerning the written application to the Village shall be as follows:

The plans shall include all drainage plans with roadway and property elevations.

The developer shall pay the entire cost of the plan review fees by the Village Engineer for review of the plans as described herein. Specifically, the developer shall pay the Village costs for the plan review, and review of the following: conceptual plan, preliminary plat, final plat, drainage and street plans.

(c)

The developer shall pay for all fees for submittal of the plans as described herein as set forth in the Village Fee Schedule on file with the Village.

(d)

The developer shall pay the total project costs. Total project costs shall consist of construction costs up to final paving, engineering and legal fees applicable to the project, costs for street signs, stop signs, speed limit signs, informational signs, and streetlights. The developer shall pay the Village Engineer costs, Wisconsin Electric Power Company costs and any other utility costs related to the construction of the roadway, as required, which said payments shall be made directly to the appropriate party (with copies verifying payment provided to the Village). Any and all costs incurred by the Village for the roadway construction, including engineering and legal fees, shall be billed by the Village to the developer.

The private construction of all Village roads as described herein shall comply with all ordinance requirements and resolution requirements of the Village, including conceptual plan, preliminary plat approval and final plat approval.

The road shall be constructed as described herein; however, the final paving shall be installed when 70% of available abutting property in the subdivision is developed, or three years, whichever comes first, but in no case until a minimum of 20% of the abutting land is developed, unless otherwise approved by the Village Board. Specifically, in the event a minimum of 20% of the abutting land is not developed, and the three-year time frame has lapsed as described above, the Village Board, at the Village Board's discretion, may require final paving of the road in conformity with this section. The developer shall then be required to construct the road in conformity with all Village ordinances and resolutions as described herein. However, the Roadway Development Agreement may provide for an earlier final paving and curb and gutter than the time frames described above. However, the Roadway Development Agreement shall also include a waiver that the developer and all owners shall accept full liability for premature failure of the bituminous paving and curb and gutter installation. "Premature failure" is defined as displacement or breakup of bituminous pavement within three years of acceptance of roadway (through base course) by the Village Board.

If the actual construction costs exceed the financial guarantee to the Village (as described above), the difference shall be made up in either of the following ways:

On or before 30 days from the date of notice from the Village to the developer of a shortfall, the developer shall provide an increase of financial guarantee to cover the increased cost; or

In the event the developer does not provide the increased financial guarantee described above, then the increased cost amount shall be placed on the tax roll as a special assessment, which said assessment shall be split equally against all unsold lots within the affected subdivisions.

(6)

At such time the developer signs the Roadway Development Agreement and applicable streetlighting plan agreement, and at such time the developer provides satisfactory financial guarantee to the Village as described above, then the Village shall execute the final plat for recording.

(7)

All construction contractors of all roads must be included on the Village list of qualified contractors. The Village shall supply this list to all developers upon request. The list of contractors shall be updated on an annual basis. All contractors who qualify for Wisconsin Department of Transportation work shall automatically be qualified to perform construction of roadways in the Village of Fox Crossing for the type of work they are qualified.

(8)

The Village Engineer shall have the sole discretion to inspect every phase of road and infrastructure construction, including, but not limited to, installation of storm sewers, water mains, sanitary sewer, streetlights, aggregate base course, roadway subgrade, binder course and final course of asphalt.

(9)

In the event during the roadway construction process the Village Engineer determines there is inadequate construction, or construction not in conformity with the submitted plans or not in conformity with the Village's standards and general specifications, then the Village Engineer shall provide written notice to the developer. Upon receipt of the written notice, the developer shall cease all future construction of the road until such time as the deficiencies are satisfied and corrected as determined by the Village Engineer. The developer shall have 15 days to correct all deficiencies as described herein. In the event the fifteen-day time frame is not met, the Village shall have the authority to make arrangements to have the deficiencies corrected, have the roadway properly constructed, and have the financial guarantees applied to the construction costs.

(10)

Upon completion of all Village Engineer inspections as described herein, the Village Engineer shall write a letter recommending acceptance as a Village road to the Village Board.

(11)

Building permits may be issued after execution of all of the above-mentioned agreements, and after financial guarantee has been provided to the Village. However, certificates of use and occupancy shall only be issued after acceptance of the roadway by the Village Board.

§ 337-16 Private streets in condominium developments and mobile home parks.

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

PRIVATE STREET

In the Village of Fox Crossing is defined as a street designed for motor vehicle usage which is completely contained within a subdivision, plat of survey, condominium development, certified survey map, planned unit development, or other similar recorded development, which recording document establishes the right-of-way of the street and that said street has at least one connection to a public roadway which is under the ownership, supervision or control of the Village of Fox Crossing, County of Winnebago, or State of Wisconsin.

When permitted.

Private streets shall be permitted in mobile home parks if approved by the Village Board, subject to conditions as set forth in § 337-15G(3).

Private streets shall be permitted in condominium developments built in R-8 Zoning, subject to the following conditions.

Conditions required.

Private streets shall not be constructed in the Village of Fox Crossing after June 1, 1985, unless the street is established under and meets all of the terms and conditions of this section. No building permit shall be issued to construct any building which abuts a private street unless the street has first been established under the terms and conditions set forth in this section and approved by the Village Board of the Village of Fox Crossing.

Approval by the Village Board of any private street in the Village of Fox Crossing shall not be considered a waiver of any right or obligation of the Village Board of the Village of Fox Crossing pursuant to the Wisconsin Statutes, and specifically the Village of Fox Crossing has reserved all rights to lay out, widen, alter, discontinue or refuse to establish roads/highways/streets, pursuant to Ch. 61, Wis. Stats.

A private street shall be legally described in the document setting forth development, and shall be permanently marked on the map, plat, survey, or other recording device.

The legal description and recording devices shall designate in bold print roadways that are approved as private streets under this section.

All streets, whether designated as private streets or not, shall be constructed in conformity with all of the specifications of the Village of Fox Crossing Code of Ordinances, and shall further comply with all applicable specifications which establish specifications for public roadways, including the setback lines and other requirements of the ordinances of the Village of Fox Crossing and Winnebago County, and laws of the State of Wisconsin.

(6)

Easements shall be contained in the recording devices reserving and allowing the use of designated private street rights-of-way of public utilities, including sanitary districts, sewer and water, stormwater drainage, natural gas, electricity, telephone, and all other utilities having authority to use public rights-of-ways in the Village of Fox Crossing.

(7)

The recording device used for the establishment of a private street under this section shall contain restrictive covenants which shall run with the land to the benefit of the Village of Fox Crossing and as a part of those restrictive covenants shall establish an association of the owners and/or residents of the development and shall at all times maintain on file with the Village of Fox Crossing a registered agent for the purpose of notices from the Village of Fox Crossing to the owners'/residents' association where notice is required under this section.

(8)

The recorded restrictive covenants shall allow the Village of Fox Crossing to enter upon the roadway for inspections, for maintenance, for rebuilding, repairs, plowing, or all other necessary work upon said private roadways in the event that the appropriate notice is given under this section to the owners'/residents' association.

(9)

The Village of Fox Crossing shall have the authority to repair, rebuild, plow, or do any other necessary work on said roadways when the Village Board or Village Manager or the Village President determines that it is in the public interest or in the interest of the health and safety of any resident and/or owner of the property contained in the development to expend funds of the Village of Fox Crossing to do any work upon said roadways in relationship to repairs, maintenance, plowing, or other improvement in order to remove the detriment to public interest or health and safety of residents or owners.

(10)

The covenants shall recite that the Village of Fox Crossing, by its acceptance of this private roadway, covenants and easement shall not be required to accept as a public roadway the designated rights-of-way in response to a petition by residents pursuant to Wisconsin Statutes. Acceptance or approval of the private roadway under this section shall not constitute a waiver of the covenants nor require the Village Board to accept said roadways.

(11)

Establishment of private roadways under this procedure shall not entitle any owner/resident adjacent to said roadways to any of the following:

There shall be no reduction in Village tax relative to street maintenance and plowing, and ownership subject to these covenants shall be considered a waiver of any consideration thereof.

Ownership shall further constitute a waiver to apply for a reduction in assessments on the grounds that said development is differentiated by bordering upon a private roadway as opposed to a public roadway and shall constitute a waiver of the establishment of any streetlighting facilities on said roadways which shall be the responsibility of the persons adjacent to the private roadway.

(12)

The Village of Fox Crossing shall reserve under the covenants and hereby reserves by ordinance its authority to enforce all of the laws of the State of Wisconsin, the ordinances of the Village of Fox Crossing, and the ordinances of the County of Winnebago regarding regulation of traffic and motor vehicles, pedestrians, and other usage of said roadways, but this subsection and condition shall not require the Village of Fox Crossing to patrol said roadways, as any requirements for the purposes of regular patrol on said roadway shall be the responsibilities of the owners/residents, and in the event the Village of Fox Crossing for any reason provides such patrol or police services within said area, special assessments may be levied against said property pursuant to the restrictive covenants established hereunder.

(13)

The establishment of a private street shall authorize the owners'/residents' association, acting on behalf of the owners and residents, to regulate the traffic on said roadways contained within the private roadway system.

(14)

The private roadway shall at all times be considered the private property belonging to the owners'/residents' association, and the authority of said association shall be equivalent to person's rights in the State of Wisconsin as it relates to any parcel of privately owned property.

(15)

The owners' association, however, shall be required to honor the exemptions set forth in the restrictive covenants for public officials and, in addition to the public officials designated above, shall be required to allow public official access for the purpose of assessments, inspections for public health and safety, and all other necessary inspections related to the public interest. The authority to regulate traffic on said roadways does not include the prevention of access of any police officers, Fire Department officials, firefighters, or any other similar public official from access to said property for the purpose of protection and for health and safety of the residents adjacent to the private roadway.

(16)

The restrictive covenants and conditions required in any subsection of this section shall be recorded so that they are applicable to all parcels or lots of land having frontage on the private street and shall contain language to allow the Village of Fox Crossing to assess on a pro rata front-foot basis any costs incurred in conjunction with said private roadways in the event that the Village of Fox Crossing, at any time in the future, incurs any cost directly connected with the private roadway. The covenants shall set forth a waiver of statutory special assessment requirements so that the special assessment for any cost may be applied directly to the tax billing as a special assessment.

Existing private streets.

For the purposes of this section, the following streets are known to be private streets existing within the Village of Fox Crossing, and this section is for the purpose of designating those streets and also designating the limited application of this section to those streets. The known existing streets are as follows: Alpha Drive, Beta Drive, Camelot Court, Delta Drive, Gail Lane, Gamma Drive, Giesen Street, Green Acres Drive, Gregory Lane, Helen Drive, Kay Kourt, Pages Point, Presher Place, Regency Court, Sigma Drive, Solar Parkway, Tonya Trail, Twin Oaks Lane (West), Welcome Road, Wendy Way, and ingress/egress easements within the Harborage at Butte des Morts.

This section shall not require a retroactive improvement or standardization of these existing streets, with the exception as follows:

Any extension of any of the existing private streets must meet all the requirements set forth in this section.

In the event any of the streets is sought to be modified from private street to a public roadway, all of the regulations applicable under this section for the purpose of making such a transition shall be applicable.

Transition from private street to public street. No private street may be converted to a dedicated public street without following the procedures outlined in this subsection.

Written application shall be made to the Village of Fox Crossing, signed by a majority of the property owners within the development. The application shall include any dedication instruments, if necessary.

Following receipt of the application, the Village Board shall refer the matter to the Planning Commission for a recommendation. The Village Board shall direct the Engineer to make such tests as are necessary to determine whether the private roadway meets the standards required for acceptance of public roadways in the Village of Fox Crossing. The Engineer shall further report findings as to the necessity of improvements or upgrading of the street so that it shall meet the acceptable standard for public roadways within the Village.

All costs of engineering reports and investigations as to the upgrading of the street shall be borne by the applicants.

Upon receipt of the Engineer's recommendation, the Village Board shall either tentatively approve the acceptance with conditions, or disapprove the request. If tentative approval is given, the applicant shall be given written notification of the requirements to bring a road to the standards necessary to be accepted as a dedicated public roadway. Improvement to the road shall be the responsibility of the applicants, as well as all costs related thereto, and shall be subject to the inspection of the Village Engineer, if required by the Village Board, at the cost to the applicant.

Following the necessary improvements, dedications, or other requirements by the Village Board, the Village Board shall, on demonstration that all conditions have been met, accept the road as a dedicated public roadway in the Village of Fox Crossing.

§ 337-17 Sump pump discharge.

All clear water discharges, known as "sump pump discharges," shall be connected directly by means of a closed-pipe system to a storm sewer if a storm sewer pipe is located adjacent to the property. Said installation shall be done by a plumbing contractor following plumbing permit issuance and must be inspected. For the purposes of this section, "storm sewer" shall mean any underground clear-water drainage system located within the Village street right-of-way or drainage/utility easement. Open curb and gutter discharge shall not be used to discharge water into the storm sewer and system.

All such connections shall be made before occupancy of the buildings, if the storm sewer is in place at the start of construction of the building. Buildings constructed prior to April 1, 1985, adjacent to an existing storm sewer must be connected to said storm sewer no later than April 1, 1986.

In the event the storm sewer is installed following construction of the building, the connection shall be made within six months of the storm sewer installation. This requirement may be waived by the Village Board upon formal request of the property owner.

Connection shall not be required if, previous to the installation of the storm sewer, a rear or side yard open drainage easement is in use at the property in question. This section does not permit discharge into open curb and gutter drainage.

All sump pump connections shall be installed to the property line, by the property owner in question, at the property owner's expense.

The installation of the storm sewer in an unimproved street shall be provided for and paid for by the developer constructing the street.

The Village of Fox Crossing shall assess full or partial cost, less state and federal funding, of storm sewer installations in improved streets to the abutting property owners following a public hearing.

The installation of laterals from the storm sewer to the property line in an unimproved street shall be paid for by the developer constructing the street. The Village of Fox Crossing shall assess full or partial cost, less state and federal funding, of such installations in an improved street to the abutting property owners following a public hearing.

Installation of a storm sewer on an existing improved street or in an easement may be ordered by a majority vote of the Village Board members.

Any and all existing provisions of the Village of Fox Crossing Municipal Code in conflict with the provisions of this section amendment are hereby repealed, and this amendment shall take effect upon passage and publication.

The Village Board shall designate an Engineering Consultant for every project.

The Village shall issue permits for all lateral installations, and standards shall be created for each project.

All storm sewer connections shall conform to the provisions of the General Specifications of the Village of Fox Crossing.

§ 337-18 Street trees within road right-of-way.

This section shall regulate the placement of trees within the road right-of-way within the Village of Fox Crossing. All provisions of Chapter 287, Nuisances, § 287-4, are incorporated herein at length by reference as if set forth fully herein.

Section 337-6, Ditch maintenance, is incorporated herein at length by reference as if set forth herein.

"Street trees" are defined as any and all trees, shrubs, bushes and all other woody vegetation growing or planted between property lines on either side of all streets, avenues, boulevards, alleys or other public rights-of-way within the Village of Fox Crossing.

No street trees shall exist, be planted, or be placed upon any portion of the Village of Fox Crossing Village road right-of-way in any development which does not have storm sewer. In addition, no street tree shall exist, be planted, or be placed within any ditch in the Village of Fox Crossing.

No street trees shall exist, be planted or be placed closer than four feet to any curb, street pavement edge and/or sidewalk of any Village road within the Village of Fox Crossing in any development which has storm sewer. In storm sewer developments only, street trees shall be allowed to be planted, placed or exist within any other portion of the street right-of-way, except for the four-foot area described above; however, the following conditions shall apply to all such trees:

The following street trees shall not be planted: Catalpa, Chinese elm, white poplar, Lombardy poplar, Gingko biloba, or any fruit tree.

The following street trees shall be allowed to be planted, placed or exist within the Village right-of-way:

LOCUST

Continental honey locust, Skyline honey locust, Shademaster honey locust, Imperial honey locust, Halka locust

MAPLE

Columnar Norway or Erectum maple, Emerald Queen maple, Cleveland maple, Red Sunset Maple, Bowhall maple, sugar maple, Crimson King maple, Schwedler maple, Jade Glen maple, Summershade maple, Superform maple, Royal Red maple, Green Mountain maple, Parkway maple

ASH

Hackberry, Autumn Purple ash, Summit ash, Marshall seedless ash, Patmore ash, Roschill ash, Bergeson ash

LINDEN

Redmond linden, littleleaf linden, Greenspire linden, Sentry linden, June Bride linden, Glenleven linden

OAK

Pin oak, red oak

NUT

All nut trees

The owners of all street trees within the Village of Fox Crossing right-of-way as described herein shall be solely responsible for the trimming and maintenance of the street trees within the right-of-way at the sole cost of the owner, Furthermore, the owners of all street trees within Village right-of-way shall be liable for any and all damage, personal injury, or injuries resulting to property or person caused in any fashion by the street trees within the Village of Fox Crossing right-of-way, and the property owner of the street trees shall hold harmless and indemnify the Village of Fox Crossing from any and all liability whatsoever.

Spacing of all street trees within Village rights-of-way shall be as follows: All trees shall be spaced a minimum of 40 feet from one another.

No street tree shall be planted, placed or exist within any portion of the Village right-of-way until such time that the property owner has obtained an approved street tree permit. Applications for street tree permits shall be made to the Village Clerk. The application shall be reviewed and approved by the Village Street Superintendent prior to the issuance of a street tree permit. The street tree permit shall be issued by the Street Superintendent.

No street tree shall be planted closer than 35 feet to any street corner measured from the point of the nearest intersecting curbs, curblines or pavement edges. No street tree shall be planted closer than 10 feet to any fireplug. No street tree shall be planted within 10 lateral feet of any overhead utility wire or within five lateral feet of any underground water line, sewer line, transmission line or other utility.

It shall be unlawful to attach any wire or rope to any street tree within the Village right-of-way without the permission of the Village Street Superintendent. Furthermore, it shall be unlawful to attach any sign, advertisement or notice to any street tree on any Village right-of-way.

The Village shall have the right to plant, prune, maintain or remove any street trees located within the Village right-of-way at the Village's sole discretion for the general protection of the Village residents and to maintain the safety, welfare, and best interests of the Village of Fox Crossing residents. The Village may remove or cause or order to be removed any street tree which is in an unsafe condition or which by reason of its nature is potentially dangerous and injurious to sewers, electric power lines, gaslines, waterlines or other public improvements, or is infected with any disease or insects, and shall order the property owner to remove the unsafe condition. In the event the property owner fails or refuses to remove the unsafe condition within 30 days of notice of the Village of Fox Crossing, then the Village shall have the right to remove the unsafe condition at the sole cost and expense of the owner, and in the event the owner refuses or fails to pay the cost or expense, the Village may attach the cost or expense to the owner's real estate property as a special assessment.

All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

Any person, firm, corporation, partnership or any other entity violating any provision of this section shall be fined an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, for each offense committed on each day, which each said day shall be a separate violation, plus costs of prosecution, and, in default of payment of such forfeiture and cost, shall be imprisoned in the county jail until said forfeiture and cost of prosecution are paid but not to exceed 30 days.

§ 337-19 Heavy traffic routes.

Definitions. The following definitions shall apply to this section:

HEAVY TRAFFIC

All vehicles not operating completely on pneumatic tires and all vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a gross weight of more than 6,000 pounds.

STREET or HIGHWAY

Any Village road located in the Village of Fox Crossing; "highway" also means all public ways and thoroughfares, including alleys, which are Village roads located in the Village of Fox Crossing.

Statutory limits on establishing heavy traffic routes. Pursuant to § 349.17(1), Wis. Stats., the Village of Fox Crossing may not place any heavy traffic route restrictions on streets or highways over which are routed state truck highways, and may not prohibit heavy traffic from using a street or highway for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such street or highway.

All streets or highways which are designated as heavy traffic routes shall have appropriate signs giving notice the street or highway is a heavy traffic route.

Heavy traffic routes. All vehicles which are defined as heavy traffic in this section shall be allowed to use the following streets and highways which said routes shall be designated as heavy traffic routes. All vehicles which are defined as heavy traffic are prohibited from using any streets or highways in the Village of Fox Crossing which are not specifically designated as heavy traffic routes as described below. The following streets and highways are hereby designated as heavy traffic routes which shall allow heavy traffic use:

Name of Street	Location
Airport Road	Between Appleton Road (STH 47) and Racine Road (CTH P)
American Drive	From West Prospect Avenue (CTH BB) to Copperhead Drive
Calumet Street	Between South Oneida Street and Memorial Drive (STH 47)
Ehlers Road	From Green Bay Road to North Lake Street
Green Bay Road	From North Street (CTH O) to American Drive
North Lake Street	From Village/City line to Ehlers Road
West American Drive	From Copperhead Drive to CTH "CB"
Winchester Road	From North Street (CTH O) to American Drive

Penalty. Any person adjudged in violation of any provision of this section shall forfeit not less than an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, for each violation per day, plus all costs of prosecution. Each violation shall constitute a separate offense. In addition, in default of the forfeiture and cost of prosecution, or either of them, such convicted person shall be committed to and confined within the county jail of Winnebago County, Wisconsin, until such fine and cost of prosecution are paid, but not to exceed 60 days.

§ 337-20 Access restriction.

Definitions. The following definitions shall apply to this section:

ACCESS

Driveways, parking lots or other connections to public roads from a lot or parcel that can be used by motorized vehicles.

ACCESS RESTRICTION

Prohibiting driveways, parking lots or other connections to public roads from a lot or parcel that can be used for access by motorized vehicles.

Lots and parcels with restricted access.

Lots 1 to 8 of Block 2, Little Butte Plat Number 2, shall be restricted from access to North Lake Street (CTH "PP").

All lots adjacent to American Drive from Mill Pond Drive west to the West Side Arterial (CTH "CB").

Lots 97 to 99 of Meadow Heights Plat shall be restricted from access to Hillington Drive.