[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as §§ 7.01 to 7.03, 7.05 to 7.07 and 7.10
of the 2011 Code. Amendments noted where applicable.]
Adoption. The minimum requirements for the construction of new public
streets, the reconstruction of existing streets and the construction
or reconstruction of sidewalks and driveway approaches within the
Village shall be as set forth in the Specifications for Street Construction
as adopted by the Village Board and on file in the office of the Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Street reconstruction and improvement program. Each year the Director
of Public Works, in consultation with the Village Engineer, shall
review the condition of all public streets within the Village.
Financing. All construction or reconstruction work performed in connection
with this section shall be paid for as decided by resolution of the
Village Board.
The official map, as amended, for the streets and highways in the
Village is hereby adopted as the Official Map of the Village pursuant
to § 62.23(6), Wis. Stats. There is also adopted an Official
Zoning Map and an Official Address Map for the Village. All three
official maps shall be permanently on file at all times in the office
of the Village Clerk.
The Village Clerk is hereby authorized and directed to file with
the Register of Deeds a certificate showing that the Village has established
such Official Map, together with a copy of the same.
For the purpose of preserving the integrity of the Official Map,
as amended, no permit shall hereafter be issued for any building in
the bed of any street or highway shown or laid out on the map, except
as provided in § 62.23(6)(d), Wis. Stats. Any person desiring
to construct a building in the bed of a street or highway so shown
may apply for a building permit and unless such application is made
and the permit granted or not denied within 30 days, such person shall
not be entitled to compensation for damage to such building in the
course of construction of the street or highway.
No public sewer or other municipal street utility or improvement
shall be constructed in any street or highway until such street or
highway is placed on the Official Map.
No permit for the erection of any building shall be issued unless
a street or highway giving access to such proposed structure has been
placed on the Official Map.
The official street and highway map shall additionally show thereon
whether a street as designated thereon is publicly or privately owned
and such designation shall be conclusive on such question. Any street
designated as a private street on such Official Map shall not receive
any maintenance or improvements, including snow removal, at public
expense.
The Official Address Map shall control the assignment and use of
street names and numbers in the Village. Any attempted use of nonofficial
numbers or nonofficial street names shall be unlawful.
Permit required. No person shall make or cause to be made any construction
opening or excavation or any other type of opening in any street,
alley, highway, sidewalk or other public way within the Village without
first obtaining a street opening permit.
Fee. The fee for such permit shall be as set forth on the then current
fee schedule approved by the Village Board and shall be paid to the
Treasurer who shall issue a receipt.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Village Board or in an emergency by the Director
of Public Works.
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
materials from trenches shall be placed so as to cause the least practicable
inconvenience to the public and permit free flow of water along gutters.
Every person shall enclose with sufficient barriers each opening
which he may make in the streets, sidewalks 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.
Warning lights or torch lamps are to 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 Village Board, no trench shall be excavated more than 250
feet in advance of pipe laying nor left unfilled more than 50 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 work. Each person making such opening
shall be held liable for all damages, including costs incurred by
the Village in defending any action against it for damages, as well
as the 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.
Replacing street surface. In opening streets or sidewalks, the openings
must be saw cut before the surface repair process begins and 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 to their original condition or position and the
same location to the remainder as before. Any excavated materials
shall be replaced with compacted granular backfill materials. 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 deep and each layer rammed, tamped
or flushed 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.
The owner or occupant of any lot abutting a sidewalk in the Village
shall keep the same clear of snow and ice at all times at his or her
own expense. The owner or occupant of any lot abutting a sidewalk
in the Village shall keep the same in good repair at his or her own
expense.
Any person failing to remove snow or ice from the sidewalk within
24 hours after a snowfall or sleet storm shall be subject to a forfeiture
and the Village may have the sidewalk cleared and the cost thereof
levied as a special tax against the property. Any person, upon notification
from the Village Public Works Director, failing to keep their abutting
sidewalk in good repair shall be subject to a forfeiture and the Village
may have the sidewalk repaired and the cost thereof levied as a special
tax against the property.
No person shall place, or cause to be placed, snow or ice that is
being removed from his or her property into any street or alley or
onto any other public property.
No person shall place, or cause to be placed, snow or ice that is
being removed from his or her property onto the property of another
person unless prior permission has been obtained from the owner of
that property. Snow or ice being so removed shall not be placed in
such a way as to block or obstruct access to adjacent parcels of property,
mailboxes, fire hydrants, sidewalks, or driveways.
The Village has caused a survey to be made and there is hereby assigned
to each house and building located on any street, alley, highway or
avenue in the Village its respective number under the uniform system
provided for in this section as shown on the map designated as the
"Official Address Map of the Village of Williams Bay," adopted herein
by reference and kept on file in the office of the Clerk. This map
shall be opened to inspection by all persons during the office hours
of the Clerk. Within 60 days after the effective date of this chapter,
the owner, occupant or agent shall place or cause to be placed upon
each house or building controlled by him the number or numbers assigned
under the uniform system provided for in this section.
The number shall be conspicuously placed immediately above, on or
at the side of the property door of each building so that the number
can plainly be seen 75 feet from the street. Whenever any building
is situated more than 75 feet from the street line, the number of
each building shall be conspicuously displayed on an appropriate post
within 75 feet from the street line so as to be easily discernible.
Where only one number can be assigned to any house or building, the
owner, occupant or agent of such house or building, who shall desire
distinctive numbers for the upper and lower portion of any such house
or building, or for any part of such house or building fronting on
any street, the suffix "A," "B," "C," etc., may be used.
Where only one number is assigned to a group of buildings such as
a cluster development, the owner, occupant or agent of such group
of buildings, who shall desire distinctive numbers for each building,
may use the suffix "Bldg. 1," "Bldg. 2," etc., as may be required.
Where separate unit numbers are desired within a building within a
group, the suffix "Bldg. 1, Unit A," "Bldg. 1, Unit B," etc., may
be used as required.
Responsibility of Building Inspector. It shall be the duty of the
Building Inspector to inform any party of the number or numbers belonging
to or embraced within the limits of the lot or property as provided
in this section. In case of doubt as to the proper number to be assigned
to any lot or building, the Building Inspector shall determine such
number.
Whenever any house, building or structure shall hereafter be erected
or located in the Village, it shall be the duty of the owner to produce
the number so assigned upon the building as provided by this section.
No building permit shall be issued for any house, building or structure
until the owner has procured from the Building Inspector the official
number of the premises.
If the owner or occupant of any building required to be numbered by this section shall neglect for more than 30 days to attach and maintain the proper number of such building, the Building Inspector shall cause to be served upon him the notice requiring such owner or occupant to properly number the same and, if he neglects to do so for 10 days after the serving of such notice, he shall be deemed to have violated this section. Upon conviction thereof, he shall be subject to a penalty as provided in § 314-8 of this chapter.
Purpose and scope. The Village Board does hereby declare it to be
the policy of the Village to require underground transmission facilities.
The purpose of this chapter is to create the legal framework for a
comprehensive and balanced exercise of police power to facilitate
greater harmony between people and their environment and to prevent
and remedy the exposure of the people to the hazards of overhead public
utility or cable television transmission lines. This section is adopted
to require the underground construction of certain future transmission
lines. With this purpose in mind, it is the intent of this section
to preserve and to protect the following values and benefits that
the Village Board finds will be harmed in the absence of this section:
Overcoming the loss of service and the attendant hazard to people
and wildlife because of downed lines due to windstorm, ice, accident
or equipment failure.
The use of a machine for trenching, back-hoeing or plowing
or for tunneling or boring under existing highway pavements or railroad
tracks to excavate for the installation of an underground transmission
line.
The meaning prescribed in § 196.01, Wis. Stats., and shall not be construed to include the operations conducted under Chapter 160, Cable Television, of this Code.
Any wire or coaxial cable used for the transmission of electrical
energy, radio or television signals or telephone or other voice communication
and any equipment appurtenant thereto, except a conductor of energy
which with associated facilities is designed for operation at a nominal
voltage of 138 kilovolts or more, but shall not mean wire, coaxial
cable or appurtenant equipment between a distribution transmission
line and a customer's premises.
Any natural undisturbed soil conditions where underground
transmission facilities cannot reasonably be installed by trenching,
back-hoeing or plowing or where the following depths of workable soil
do not exist above the water table or above the top of an area previously
used for waste disposal:
All transmission lines hereinafter constructed in the Village shall be constructed underground and no person shall construct any transmission line in the Village above the ground level or maintain a transmission line constructed in violation of this section; provided, however, that the grantee of the franchise described in Chapter 160, Cable Television, of this Code shall be permitted to construct overhead facilities where such installation is permitted by Chapter 160, Cable Television, and agencies of the Village shall be permitted to construct overhead facilities where such construction is installed on an existing pole or poles.
Where the construction of a temporary overhead transmission
line is necessary to restore service to one or more customers in the
event the loss of service was caused by defective plant, but this
exception shall not apply for longer than five months.
Where unusual subsoil conditions restrict underground transmission
line construction using conventional construction methods and render
underground construction economically unfeasible.
Where overhead service is needed to provide temporary service
to construction sites until an occupancy permit is issued for the
premises served or until the construction work performed on the construction
site is substantially completed.
Where it has been determined by the Village Board or its designee
that such underground construction will have an adverse environmental
or economic impact upon a part or all of the Village.
No person shall construct any overhead transmission line or its appurtenant
poles, pipes or conduits therefor within the Village unless they shall
have first submitted to the Village Clerk an application therefor
showing the precise route of the proposed transmission line or its
appurtenant poles, pipes or conduits and stating precisely the proposed
area to be occupied; a description of the construction work; and the
estimated duration thereof, and no such transmission line or its appurtenant
poles, pipes or conduit therefor shall be constructed or laid until
a permit for such construction work shall have been first obtained
from the Village Board or its designee.
The Director of Public Works is hereby designated to act for the
Village Board on all such applications filed. The Director of Public
Works shall review, approve, conditionally approve or reject all such
applications.
The administrative determination of the Director of Public Works as provided herein shall be set forth in writing and if such determination either conditionally approves or denies the application, the reasons therefor shall be set forth in writing upon such conditional approval or denial which shall be delivered in person or mailed by first class mail to the applicant. Any administrative decision of the Director of Public Works as provided for herein shall be reviewable in accordance with the provisions of Chapter 5, Administrative Review, of this Code.
Except as otherwise provided in this chapter, any person who shall violate any provision, rule or order hereunder, upon conviction thereof, shall be subject to a penalty as provided in § 1-4 of this Code.