[HISTORY: Adopted by the Village Board of the Village of Barneveld as Ch. 8, §§ 8.01 through 8.05 and 8.10 of the 1993 Code. Amendments noted where applicable.]
A. 
Establishment. The grade of all streets, alleys and sidewalks shall be established by resolution by the Village Board and the same recorded by the Village Clerk in his office. No street, alley or sidewalk shall be worked until the grade thereof is established.
B. 
Alternation of grade prohibited. No person shall alter the grade of any street, alley, sidewalk, public ground or any part thereof in the Village by any means whatsoever, unless authorized or instructed to do so by the Village Board or the Director of Public Works. All such alterations of grade shall be recorded in the office of the Village Clerk by the Clerk or the officer authorizing the alteration.
A. 
Owner to construct. The abutting owner shall build, repair, construct and perpetually maintain sidewalks along or upon any street, alley or highway in the Village and pay 1/2 the costs thereof. Whenever the Village Board shall by resolution determine that a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the Village, it shall proceed according to § 66.0907, Wis. Stats. One half the cost of all curb installations shall be paid for by the abutting property owner and Subsection B shall pertain to curb installation.
B. 
Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village, unless he is under contract with the Village to do such work or has obtained a permit therefor from the Director of Public Works at least seven days before work is proposed to be undertaken. No fee shall be charged for such permits.
C. 
Specifications. All sidewalks within the Village hereafter shall be repaired, rebuilt and constructed in accordance with the following specifications:
(1) 
Subgrade. The subgrade shall be prepared by excavating to the line, grade and cross section as established by the Village Board. Soft and unsuitable material shall be removed and replaced with sand or other satisfactory material and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. When so specified by the Director of Public Works a subbase of sand, sand and gravel or other approved porous material shall be placed under the sidewalk. On embankments the subgrade shall extend at least one foot beyond each edge of the sidewalk.
(2) 
Material. All sidewalks shall be of air entrained concrete composed of six bags per cubic yard of one course construction and built to the established line and grade. Gravel shall be of good quality and washed. Concrete shall be mixed thoroughly for a minimum of one minute after all materials have been placed in the mixer.
(3) 
Forms.
(a) 
Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Wood forms shall be surfaced plank of at least two inches thickness, except for sharply curved sections. Metal forms shall be of approved section. The forms shall be of full depth of the required walk and shall be of such design as to permit secure fastening. Forms shall be thoroughly cleaned and oiled before the concrete is placed against them. Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing. It shall then be struck off level with the top of the forms and finished with wooden flats.
(b) 
To provide adequate drainage the sidewalk shall slope toward the curb at a minimum rate of 1/4 inch per foot of width of sidewalk. All joints and edges shall be finished with a 1/4-inch radius edging tool.
(4) 
Width and thickness. Residential walks shall be four feet in width and not less than four inches thick, except within driveway approaches where the minimum thickness shall be six inches, provided that walks in residential areas may be repaired or replaced to a width not less than the existing width on the effective date of this section. Sidewalks in front of commercial or industrial establishments shall be not less than eight feet in width and five inches in thickness, except within driveway approaches where the minimum thickness shall be seven inches.
(5) 
Finishing. Before the last finish has set, the sidewalk shall be steel troweled and brushed in transverse direction. Before final finishing, the surface shall be checked with a 10-foot straight edge and any areas departing more than 1/8 inch from the testing edge shall be corrected by adding or removing concrete while the concrete in the walk is still plastic.
(6) 
Jointing. Transverse, full depth, 1/2-inch thick expansion joints of premolded expansion material shall be located every 40 feet and at the property line, and where the walk intersects another walk, curbline, building or driveway approach and at buildings, walls, poles and stop boxes. The expansion joint material shall be placed in a neat and workmanlike manner with its upper edge slightly below the finished sidewalk surface. Dummy groove joints for controlled cracking at least one inch in thickness and 5/16 inch in depth shall be placed at intervals of approximately five feet. All joints shall be at right angles to the direction and grade of the walk. Diagonal joints may be used only when approved by the Director of Public Works.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(7) 
Curing and drying. As soon as any of the concrete work above mentioned has been finished and hardened sufficiently to present excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the "impervious coating," "wet fabric" or "paper" methods. For impervious coating or membrane curing, only those materials meeting requirements of ASTM Specs. C156-44T, "Method of Test for Efficiency of Materials for Curing Concrete," shall be used. Such specifications are hereby adopted by reference as if fully set forth herein. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather (below 50° F.) for 96 hours. No concrete shall be poured when the temperature may be expected to fall below 35° F in any 72-hour period or upon frozen subgrade.
A. 
Approval required. No person shall construct or maintain any driveway across any sidewalk or curbing without first obtaining a driveway permit from the Director of Public Works.
B. 
Specifications for driveway construction.
(1) 
Width. No driveway shall exceed 24 feet in width at the outer or street edge of the sidewalk unless special permission is obtained from the Village Board.
(2) 
Interference with intersections prohibited. At street intersections a drive way shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Village Board for effective traffic control or for highway signs or signals.
(3) 
Interference with street. No driveway apron shall extend out into the street further than the face of the curb and under no circumstances shall such driveway apron extend into the gutter area. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of streets, side ditches, roadside areas or with any existing structure on the right-of-way. When required by the Director of Public works to provide for adequate surface water drainage along the street, the property owner shall provide any necessary culvert pipe at his own expense.
(4) 
Number of approaches limited. No more than one driveway entrance and approach shall be constructed for any lot or premises, except where deemed necessary and feasible without undue impairment of safety, convenience and utility of the street by the Director of Public Works. Any two approaches shall be at least 10 feet apart.
(5) 
Workmanship and materials. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in § 234-2C of this chapter insofar as such requirements are applicable, including thickness requirements in § 234-2C(4).
(6) 
Permittee liable for damage or injury. The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances. When curb or gutter is removed, the new connection shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat, workmanlike manner. Any sidewalk areas which are damaged or are inadequate by reason of vehicle travel across the sidewalk shall be replaced in accordance with the requirement of § 234-2C.
A. 
Permit required. No person shall make or cause to be made any excavation or opening in any street, alley, highway, sidewalk or other public way within the Village without first obtaining a permit therefor from the Director of Public Works.
B. 
Fee. The fee for a street opening permit shall be as determined by the Village Board from time to time and shall be paid to the Village Treasurer who shall issue his receipt therefor.
C. 
Bond.
(1) 
Before a permit for excavating or opening any street or public way may be issued, the applicant must execute and deposit with the Village Clerk an indemnity bond, approved by the Village President, in the sum of $5,000 conditioned that he will indemnify and save harmless the Village and its officers from all liability for accidents and damage caused by any of the work covered by his permit; fill up and place in good and safe condition all excavations and openings made in the street; 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; keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Director of Public Works for a period of one year; pay all forfeitures imposed upon him for any violation of any rule, regulation or ordinance; and will 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 street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year.
(2) 
Recovery on such bond for any accident, injury, violation of law, ordinance, rule 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.
(3) 
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.
D. 
Insurance. Prior to commencement of excavation work, a permittee must furnish the Director of Public Works satisfactory written evidence that he has in force and will maintain during the life of the permit and the period of excavation public liability insurance of not less than $100,000 for one person, $300,000 for one accident and property damage insurance of not less that $50,000.
E. 
Regulation governing street and sidewalk openings.
(1) 
Frozen ground. No opening in the streets or sidewalks for any purpose shall be permitted when the ground is frozen, except where necessary as determined by the Director of Public works.
(2) 
Removal of paving. In opening any street or other public way all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing material and together with the excavated material from trenches shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutter.
(3) 
Protection of public. Every person shall enclose with sufficient barriers each opening which he may make in the streets or public ways of the Village. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Barricades with flashing lights shall be placed at each end of the opening in the street or way and other lights sufficient in number and properly spaced to give adequate warning. Except by special permission from the Director of Public Works, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectually from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the Village in defending any action brought against it for damages as well as cost of any appeal, that may result from the neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
Replacing street surface. In opening any street or sidewalk, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which in the opinion of the Director of Public Works is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed, leaving the street or sidewalk in perfect repair, the same to be so maintained for a period of one year. In refilling the opening the earth must be puddled or laid in layers not more than six inches in depth and each layer rammed, tamped or flushed to prevent after-settling. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The Village may elect to have the Village make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining it for one year shall be charged to the person making the street opening.
F. 
Excavating in new streets limited. Whenever the Village Board determines to provide for the permanent improvement or repaving of any street, 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 Director of Public Works shall notify, in writing, each person, utility, Village department or other agency owning or controlling any sewer, water main, conduit or other utility in or under the street or any real property abutting the street that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open, cut or excavate the street for a period of five years after the date of improvement or repaving unless in the opinion of the Director of Public Works an emergency exists which makes it absolutely essential that the permit be issued.
G. 
Emergency excavations authorized. In the event of an emergency any person owning or controlling any sewer, water main, conduit or utility in or under any street 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 an excavation permit hereunder.
H. 
Village work excluded. The provisions of this section shall not apply to excavation work under the direction of the Director of Public Works by Village employees or contractors performing work under contract with the Village necessitating openings or excavations in Village streets.
A. 
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use or any part thereof or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.
B. 
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1) 
Signs or clocks attached to buildings which project not more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.
(2) 
Awnings which do not extend below any point seven feet above the sidewalk, street or alley.
(3) 
Public utility encroachments authorized by state law or the Village Board.
(4) 
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet of the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than two hours.
(5) 
Temporary encroachments or obstructions authorized by permit under Subsection C.
(6) 
Excavations and openings permitted under § 234-4.
C. 
Street privilege permit.
(1) 
When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the Village may be granted to applicants by the Director of Public Works for the purpose of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided such applicant has complied with the other requirements of this subsection and has obtained a building permit if required by § 103-5 of Chapter 103, Building Construction, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Village Clerk a bond in an amount determined by the Director of Public Works, conditioned that the applicant will indemnify and save harmless the Village from all liability for accidents or damage caused by reason of operations under such permit and will remove such encumbrance upon termination of the operations, will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the Village resulting from such building or moving operations.
(3) 
Fee. The fee for a street privilege permit shall be as set from time to time by resolution of the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
Conditions of occupancy. The permission to occupy or obstruct the streets, alley, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair or removal of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Director of Public Works for violation thereof:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a) 
Such temporary obstruction shall cover not more than 1/3 of any street or alley.
(b) 
Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.
(c) 
Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.[1]
[1]
Editor's Note: Original Sec. 8.05(3)(d)4., 5. and 6., regarding moving of buildings, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(d) 
Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.
(5) 
Termination. All street privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the direction of the Director of Public Works.
D. 
Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any unlawfully obstructed sidewalk shall refuse or neglect to remove 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 sidewalk, such sum shall be levied and collected as other special taxes against real estate.
[Amended 6-2-2008 by Ord. No. 08-06-01]
A. 
Applicability; removal of ice and snow required; waivers.
(1) 
This section shall run from November 15 through April 15. The owner, occupant or person in charge of each and every building, structure or unoccupied lot in the Village fronting or abutting any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalk shall be cleared of all accumulated snow and/or ice within 24 hours from the time the snow ceases to accumulate on said sidewalk. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with material to accelerate melting or prevent slipping. The owner or occupant of any property which abuts a fire hydrant shall refrain from obstructing the hydrant or access to the hydrant in any way, and shall remove all snow from the hydrant and at least four feet around the hydrant within 24 hours of a snowfall and keep the hydrant free of snow at all times unless a waiver is approved by the Barneveld-Brigham Fire Chief. Waivers need to be applied for each year by September 1 and will be good from October 1 through September 30.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A(1), the Street Supervisor or the Police Department shall take the following action:
(a) 
If the Street Supervisor or the Police Department determines that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and ice be removed immediately after the delivery of the notice. Said notice may be delivered in person, or by posting on the premises adjoining or fronting upon the sidewalk, or by depositing the notice in the U.S. mail with proper postage prepaid. If the notice is mailed, delivery is deemed to have occurred on the next day mail is delivered by the U.S. Postal Service. Only one notice per year (year shall run from October 1 through September 30) shall be sent to said property owner in regards to clearing snow; if repeated failures to remove snow is detected, citations will be issued without further notice.
(b) 
The Street Supervisor or the Police Department shall cause all sidewalks which have not been cleaned or sprinkled in the manner heretofore to be cleaned or sprinkled upon default of the person whose duty it shall be to clean or sprinkle the same, and the cost thereof as set by resolution, shall be assessed as a special tax against the abutting property, which shall be collected in the same manner as other Village taxes.
(3) 
Snow and ice not to encroach. No person shall push, shove or in any way deposit snow or ice onto any public streets, alley, sidewalk or public lands dedicated to public use. Snow shall remain on the property of the owner unless permission has been granted from the property owner that snow is put on. However, snow removed from a sidewalk in front of or abutting a premises may be deposited on a street. Snow from public sidewalks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access. No person in clearing snow from driveways, parking lots, filling stations, garage entrances, used car lots or other large area used for business purposes shall pile or distribute snow in the streets or alleys of the Village in such a way so as to narrow the traveled portion of the street block, limit the vision of the motorists at intersections, prevent parking at the curb, or cover or interfere with the use of fire hydrants. The deposit of any snow or ice upon any sidewalk, alley or street of the Village, contrary to the provisions of this section, is a nuisance; and in addition to the penalty provided for violation of this section, the Village may summarily remove and transport from the site any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice had been removed.
(4) 
Enforcement. The Street Supervisor or the Police Department is hereby authorized and directed to enforce the provisions of this section.
(5) 
Continued violations. Each twenty-four-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violation or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.
(6) 
Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection A(2) after receiving a written notice shall result in the Street Supervisor or the Police Department causing the removal of said.
(7) 
Expense. An account of the expenses incurred by the Village to abate the snow and/or ice hazard shall be kept and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the known address of the owner of the parcel or lot and shall be payable within the 10 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as a special tax as provided by § 66.0907(5), Wis. Stats.
B. 
Snow emergencies. Upon the declaration of a snow or snow removal emergency by the Chief of Police or the Street Supervisor, regulations necessary to make effective the provisions of this section are to be made. This subsection shall supersede all other parking regulations in force or posted on any street and shall require no posting of these emergency snow parking regulations.
(1) 
When it is necessary to plow streets because the accumulation of snow thereon is causing a hindrance to traffic as constitutes an emergency unless promptly removed as declared, the Chief of Police or his designated subordinate shall, by appropriate public media declare the beginning of an emergency and the application of emergency snow parking regulations, which regulations shall remain in force and effect until lifted by the Chief of Police or his designated subordinate. For the purpose of this subsection, the threat of or the accumulation of snow or ice on any streets or area sufficient for the application of emergency regulations herein shall be any such accumulation of snow or ice which hinders the movement of traffic thereon or that impedes the ability of emergency and public transportation vehicles to travel safely and expeditiously over such streets or areas.
(2) 
When necessary for the clearing, removal and plowing of snow or ice from any street or for other emergency or special conditions as declared, the Chief of Police or his designated subordinates are hereby authorized to make and carry out regulations and procedures sufficient to effectively cope with such emergency or special conditions to include:
(a) 
Making temporary regulations directing traffic and regulating parking.
(b) 
Such other and further regulations and restrictions as to traffic and parking as may be designated when necessary.
(3) 
During such emergency, no person shall remove or cause to have removed snow or ice into or on any public right-of-way without first obtaining written permission from the Village.
(4) 
Whenever a snow emergency exists as declared herein and any motor vehicle is parked on the street or public parking lot between the hours of 10:00 p.m. and 6:00 a.m. and in violation of this section, it may be removed by or under the direction of the Police or Public Works Department after one such department has attempted to notify the owner to remove such vehicle and it has not been removed. If such motor vehicle is removed by or at the direction of the Village, a reasonable cost of such removal may be charged against the owner thereof. The removal of the car by or under the direction of the Village shall not prevent prosecution under this section.
(5) 
Snow emergency waivers may be considered for hardships that include the elderly, handicapped and households with no driveways. These waivers will be approved by the Streets Supervisor and Police Chief. Waivers need to be applied for each year by September 1 and will be good from October 1 through September 30. If waiver is denied, resident may appeal to the Village Board.
C. 
Mailbox replacement policy.
[Added 4-6-2011 by Ord. No. 11-04-02]
(1) 
Snowplow operators use a great deal of care when plowing Village roads under sometimes very difficult conditions. However, accidents can happen and mailboxes may be damaged.
(2) 
The property owner is obliged to contact the Village Office within 72 hours of damage to the mailbox. A Village employee will inspect the alleged damage.
(3) 
Should the Village employee determine the damage was due to improper installation, deteriorated posts and mounting material, or for any other reason other than being physically hit by the Village equipment, the Village of Barneveld will not be responsible for damage to the mailbox or post, and replacement will be at the property owner's expense.
(4) 
Should the Village employee determine that the Village equipment actually hit and damaged the mailbox, the Village will reimburse the property owner an amount not to exceed $30.
(a) 
Mailboxes tipped, damaged, or knocked down by the weight of the snow will not be repaired or replaced by the Village. Since trucks cannot plow directly up to the edge of a mailbox, residents will need to clear the area around the mailboxes according to the United States Postal Service specifications in order to help mail delivery.
(b) 
Mailboxes that are not installed per U.S. Postal regulations will not be replaced and will not be eligible for any monetary reimbursement.
Except as otherwise provided in this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-2 of Chapter 1, General Provisions, of this Municipal Code.