[HISTORY: Adopted by the Village Board of the Village of
Fox Point as §§ 5.07 to 5.16 of the 1961 Code. Amendments
noted where applicable.]
Before any athletic event, run, walk, or related events using
Village streets can be held, sponsors shall obtain a permit from the
Village Board. The applicant shall pay a fee set by the Village Board
from time to time and shall obtain an insurance rider acceptable to
the Village Attorney and shall name the Village on the applicant waiver.
Upon written request, the Village Board may waive the fees and costs
that would otherwise apply for a parade held on or within seven days
of the last Monday in May, if the Village Board finds that the purpose
of the parade is to recognize Memorial Day, and to honor and remember
those who have died in war and similar conflicts in service to our
Village and to our nation.
A.
Littering. No person shall deposit, cast, or throw or permit to be
blown or fall onto any street, including the ditch and entire area
of a street between the lot lines, whether or not paved or improved
in any manner, or onto any pedestrian walk, public way or other public
property, any ashes, dirt, mud, paper, tin cans, bottles, glass, twigs,
shrubs, leaves, grass clippings, construction waste, garbage, or other
rubbish, litter, or offensive or nauseous materials. The operator
of any vehicle shall cause every person in the vehicle to comply with
the provisions of this subsection, and a violation of this subsection
by any person in a vehicle shall also constitute a violation by the
operator thereof. In the event a truck, automobile or other vehicle
is parked the person who was the operator thereof at the time it was
parked shall for the purposes of this section be considered the operator
thereof while it is parked.
B.
Cleaning and maintenance by abutting owner. If ownership, occupancy,
or use of any property contributes to an unsightly, unclean, or unmaintained
appearance or condition of abutting Village owned property, or if
an owner or occupant employs or uses abutting Village property for
the benefit of their property, it shall be the duty of both the owner
or occupant of any property to remove from the lot line to the center
of any street, pedestrian walk, or other public way on which their
property abuts, any ashes, dirt, mud, paper, tin cans, bottles, glass,
twigs, shrubs, leaves, construction waste, garbage, or other rubbish,
litter, or offensive or nauseous material.
C.
Cleaning by Village at expense of owner. The Director of Public Works/Village
Engineer shall, from time to time, make personal inspection of all
streets, pedestrian walks and other public ways in the Village to
see that they are clean, and in case of the failure of any owner or
occupant to comply with the provisions of this section, the Director
of Public Works/Village Engineer shall cause the material to be removed,
keeping an accurate record of the cost incurred by the Village in
effecting such removal, and shall then mail or deliver a bill for
such work to the owner and to the occupant of the premises, which
bill shall carry thereon a notation that unless the same is paid within
30 days from the end of the month in which the bill is mailed or delivered,
the amount thereof will be certified and levied as a special tax against
the premises in the next succeeding tax roll, and collected as other
taxes are collected.
D.
Sand on icy streets. The provisions of this section do not apply
in respect to sand or ashes placed on any street, pedestrian walk
or other public way to make the same safe for vehicular or pedestrian
travel where necessary because of ice or snow.
E.
Placing rubbish for collection. The provisions of this section do
not apply to the placing of materials for collection by the Department
of Public Works in its regular collection of rubbish, and in conformity
with such rules and regulations in respect thereto as may be issued
by the Director of Public Works/Village Engineer from time to time.
F.
Construction materials. It shall not be a violation of this section
if materials are strewn, spilled or carried onto any street, pedestrian
walk or public way during the course of performing any work or labor
on property, provided that such materials are removed prior to 6:00
p.m. of each day. It shall not be a violation of this section to leave
any dirt piled on a street, pedestrian walk or other public way during
the course of excavating for the installation of a sewer, water or
gas main, or underground electric wires or cables, and the similar
piling of gravel or material to be used in filling such excavation,
provided such excavation and materials are adequately marked by barricades
and lights to warn and protect the public, a proper permit for such
excavation has been obtained, the excavation is promptly made and
filled and any such materials so piled are removed from the street,
pedestrian walk or other public way prior to 6:00 p.m. of the day
following the completion of the filling of the excavation.
G.
Responsibility for employees and subcontractors. Any person performing
any work or labor in the Village shall be responsible for any violation
of this section by him/her or by his/her agent or employee. A subcontractor
and the agents and employees of a subcontractor for the purposes of
this section shall be considered agents or employees of the principal
contractor.
A.
Permit required. Prior to the installation of any mains, services
or equipment in the Village for the transmission or distribution of
gas, a permit shall be obtained, which permit is subject to and conditioned
upon observance of the provisions of this chapter.
B.
Permit; gas mains. A permit for the installation of gas mains, services or equipment in the streets of the Village, exclusive of house connections, shall be obtained from the Director of Public Works/Village Engineer, for which a fee as described in Chapter 63 of this Code shall be paid to the Village prior to the issuance of the permit.
C.
Permit; house connections. A permit for the installation of house connections for gas service in the Village shall be obtained from the Director of Public Works/Village Engineer, for which a fee as described in Chapter 63 of this Code shall be paid to the Village prior to the issuance of the permit.
D.
Conditions of permit. The permit shall, and by applying for and receiving
a permit, the applicant shall be deemed to have agreed to be responsible
for and save the Village harmless from any and all claims, damage
or expense incidental thereto resulting from damage or expense on
account of injury to person or property negligently caused by the
applicant in the prosecution of the work done under such permit. All
obstructions, openings and other hazards shall be suitably guarded
with barricades and red lights to protect the public. No street or
walk shall be blocked unless special permission in writing is granted
by the Director of Public Works/Village Engineer or his representative.
No driveway shall be blocked unless permission in writing is granted
by an occupant of the property served by the private driveway. In
case permission is granted thus temporarily to block a street or driveway,
the applicant shall notify the Police Department prior to actually
blocking the street or driveway.
E.
Time limit; liability to Village. The Director of Public Works/Village
Engineer and the Plumbing Inspector shall specify in each permit the
time within which such work shall be completed, and the permittee
shall be liable for any damages incurred by the Village, including,
without limiting the type of damage by this enumeration, increased
cost to the Village due to inability to perform the necessary road
work or to install public improvements, whether to be performed by
Village employees or by independent contracts.[1]
F.
Costs to Village; billing. The cost of road repairs made by the Village
road crew and the cost of inspection by the Director of Public Works/Village
Engineer or his duly authorized representative will be billed to the
applicant at the end of each month.
G.
Emergencies. A person may install a main, service or equipment in
the Village for the transmission or distribution of gas without having
obtained a permit in the case of an emergency, in which event a permit
shall be applied for within one week after commencement of such installation.
A.
Excavation. All gas mains, exclusive of house connections, shall
be located in accordance with the plans and specifications which shall
have been first submitted to and approved by the Director of Public
Works/Village Engineer. Trenches shall be excavated to a sufficient
width to permit laying the main and placing the backfill in a satisfactory
manner, using care to avoid damage to conduits, pipes, trees, plantings
and other improvements which may be encountered. The work shall be
done in accordance with reasonable suggestions made from time to time
by the Director of Public Works/Village Engineer or his representative.
Whenever obstructions are encountered, the applicant shall do all
work necessary to support and protect them, and shall repair all damage
that may result from the work.
B.
Depth of main. So far as practicable, the main shall be laid to be
a uniform depth of two feet below the existing road surface, and to
two feet below the established grades across the full width of intersecting
streets. In all cases, a record shall be kept of the elevation of
the main at the center and sides of intersecting streets at one-hundred-foot
intervals between such points and at all changes in grade, including
dips or rises, obstructions, drainage ditches, etc. The main shall
be laid to a greater depth where, in the judgment of the Director
of Public Works/Village Engineer or his representative, the road grade
will be lowered in the near future. Within 30 days after completion
of the work, a copy of this record shall be filed with the Director
of Public Works/Village Engineer, and by him with the Village Clerk/Treasurer,
as an official Village record.
C.
Refilling. Material for refilling trenches shall be limited to materials
that can be suitably compacted. Where the trench is in a road with
gravel or macadam surface, or in the shoulder of roads, the trench
shall be backfilled with sand or gravel approved by the Director of
Public Works/Village Engineer or his representative. The backfill
in the shoulder of the roads may be made with the materials excavated
where suitable means are employed to consolidate it to the satisfaction
of the Director of Public Works/Village Engineer.
D.
Removal of refuse. All excess excavated materials and any refuse
of any kind resulting from the work shall be removed as the work progresses.
The areas affected by the work shall be left in as good condition
as they were before the work was commenced.
E.
House connections. Installations of house connections for gas service
shall also conform to the regulations prescribed above for installation
of gas mains. References to the Director of Public Works/Village Engineer
or his representative shall, with respect to house connections for
gas service, be deemed to refer to the Plumbing Inspector.
A.
Backfill of roadway shall be No. 1 slurry, beneath any pavement,
horizontally to a maximum distance of five feet beyond the edge of
the pavement, and vertically to within four inches of the top of the
pavement; hot mix asphalt road patch, four-inch thickness; dirt restoration
with seed and mulch; and three-eighths inch granular TB shoulder material.
Restoration shall be completed before street deposit is returned.
B.
No permanent hot mix asphalt repair of asphalt pavement may be made
during the period October 1 through April 30 without permission of
the Director of Public Works/Village Engineer. Absent that permission,
a temporary asphalt pavement repair is to be made and maintained,
with permanent repair completed during the following May 1 through
May 31.
C.
Contractor is responsible for notifying the Village when the restoration
is completed and ready for inspection.
[Added 4-9-2019 by Ord.
No. 2019-04]
A.
Purpose and findings. In the exercise of governmental functions the
Village has priority over all other uses of the public rights-of-way.
The Village desires to anticipate and minimize the number of obstructions
and excavations taking place therein and to regulate the placement
of facilities in the rights-of-way to ensure that the rights-of-way
remain available for public services and safe for public use. The
taxpayers of the Village bear the financial burden for the upkeep
of the rights-of-way and a primary cause for the early and excessive
deterioration of its rights-of-way is the frequent excavation by persons
who locate facilities therein. The Village finds with increased use
of the public rights-of-way there are increased costs to the taxpayers
of the Village and that these costs are likely to continue into the
foreseeable future. The Village finds occupancy and excavation of
its rights-of-way causes costs to be borne by the Village and its
taxpayers, including but not limited to:
(1)
Administrative costs associated with public right-of-way projects,
such as registration, permitting, inspection and supervision, supplies
and materials.
(2)
Management costs associated with ongoing management activities
necessitated by public right-of-way users.
(3)
Repair or restoration costs to the roadway associated with the
actual excavation into the public right-of-way.
(4)
Degradation costs defined as depreciation caused to the roadway
in terms of decreased useful life, due to excavations into the public
rights-of-way.
(5)
In response to the foregoing facts, the Village hereby enacts
this section relating to administration of and permits to excavate,
obstruct and/or occupy the public rights-of-way which results in above
grade use of the right-of-way. This section imposes reasonable regulations
on the maintenance of obstructions above grade currently within its
rights-of-way or to be placed therein at some future time. It is intended
to complement the regulatory roles of state and federal agencies.
(6)
The purpose of this section is to provide the Village a legal
framework within which to regulate and manage the public rights-of-way,
and to provide for recovery of the costs incurred in doing so. This
section provides for the health, safety and welfare of the residents
of the Village as they use the right-of-way of the Village, as well
as to ensure the structural integrity of the public rights-of-way.
B.
Prohibited. No person shall encroach upon or 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 Subsections C and D.
C.
Exceptions. The prohibition of Subsection B shall not apply to the following:
(1)
Signs and clocks attached to buildings which project not more
than six feet from the face of such building and which do not extend
af any point lower than 10 feet above the sidewalk, street or alley.
(2)
Awnings which do not extend at any point lower than seven feet
above the sidewalk, street or alley.
(3)
Official signage, official traffic control devices, and utilities
owned or leased by the Village.
(4)
Goods, wares, merchandise or fixtures being loaded or unloaded
which do not extend more than three feet on a sidewalk, provided that
such goods, wares, etc., do not remain thereon for more than three
hours.
(5)
Obstructions or encroachments lawfully existing prior to April
11, 2019.
(6)
Temporary encroachments or obstructions authorized by permit
granted pursuant to § 66.0425, Wis. Stats.
D.
Permit required. Any above grade use or installation, encroachment
or obstruction of the right-of-way requires a right-of-way permit
from the Village prior to such installation, use, encroachment or
obstruction being established.
(1)
Application requirements.
(a)
An above grade right-of-way permit application shall be filed
with the Village Engineer.
(b)
The applicant shall pay the above grade right-of-way permit
fee. The above grade right-of-way permit fee shall be in the amount
as established by resolution of the Village Board, and may be amended
from time to time. Such fee shall not exceed a reasonable approximation
of actual costs incurred, shall be limited to objectively reasonable
costs, and shall be uniform for similarly situated users of the right-of-way
in similar situations. In addition, a professional fee charge back
agreement shall be signed to ensure compliance with Village ordinances
that professional fees incurred by the Village to review said applications
are paid and the permit fee shall be established with this actual
professional fee cost recovery in mind, to avoid excess cost recovery.
(c)
The applicant shall provide a detailed plan with structural
engineering, scale drawings, visual rendering, and survey showing
the exact location, size, appurtances and or attachments of the equipment
or structure to be placed in the right-of-way, along with the exact
location of all streets, sidewalks, utilities, trees, and any other
obstructions in the vicinity of the proposed installation, and the
location of structures on abutting properties.
(d)
The applicant shall provide a detailed report describing potential
hazards to the public from said equipment, structure, and impacts
due to location on safety for the driving public, pedestrians, and
owners and users of adjacent property for such things as, but not
limited to: fall zone, fire, explosion, chemical, environmental impacts,
and vehicle crash impacts. Said report shall indicate the risk of
the safety hazard and the proposed design element to address said
safety hazard. The Village Engineer may require the applicant's report
to be provided by a structural engineer or other expert approved by
the Village Engineer, if the Village Engineer deems it to be necessary
to have such an expert opinion in light of the circumstances of the
application, for the protection of public health and safety, in which
case the applicant shall provide such an opinion at the applicant's
cost.
(e)
The plan must show how the installation and maintenance of said
above grade right-of-way use will not impact snow removal or landscape
maintenance activities from the terrace, sidewalk or street, or conflict
with the operation or maintenance of vehicular travel and existing
utilities above or below ground.
(f)
An alternative analysis shall be provided to show what options
other than locating above grade in the right-of-way exists and the
approximate costs of such alternatives.
(2)
Application process.
(a)
The Village Engineer shall review said permit application and
determine if all application materials have been submitted within
10 days of receipt of the initial application.
[1]
If the application materials are not complete the Village shall
provide written notice to the person on the application that said
application is incomplete. The applicant shall have up to 30 days
from the date of initial application to provide a complete application
or the application shall be deemed insufficient and denied. The Village
shall have 60 days to review and act on the permit from the date that
the Village determines the application is complete and all fees paid.
(b)
Existing uses. Village Staff shall determine whether to approve, deny, or conditionally grant above grade right-of-way permits for any new installation, use, encroachment, obstruction or excavation added to either a previously approved above grade use or one that was legally placed prior to April 11, 2019, unless the Village Manager concludes the new installation, use, encroachment, obstruction, or excavation may obstruct or incommode the public use in which case the application shall be subject to the procedures of Subsection D(2)(c).
(c)
New uses. All above grade right-of-way permit applications other than those described pursuant to Subsection D(2)(b), shall be considered as follows.
[1]
The Village Board shall hold a public hearing as soon as reasonably
possible after application materials have been deemed complete by
the Village Engineer and proper notification period for a Class 1
notice and notice to all properties within 200 feet of the proposed
installation.
[2]
The Village Board shall give consideration to the application, the testimony received at the public hearing, staff and expert reports, or other information as the Village Board determines appropriate. The Village Board shall consider public safety, alternative options, aesthetic considerations as described in Subsection M, and the public good when considering an above grade right-of-way permit. The Village Board may grant the permit, grant the permit with conditions, or deny the permit.
E.
Right-of-way restoration. The work to be done under the permit, and
the repair and restoration of the right-of-way as required herein,
must be complated within the dates specified in the permit to the
satisfaction of the Village Engineer or his or her designee. In addition
to repairing its own work, the permittee must restore the general
area of the work, and the surrounding areas, including the paving
and its foundations, to the same condition that existed before the
commencement of the work and must inspect the area of the work and
use reasonable care to maintain the same condition for 36 months thereafter.
(1)
The permittee shall perform repairs and restorations according
to the standards and with the materials specified by the Village Engineer
or his or her designee. The Village Engineer or his or her designee
shall have the authority to prescribe the manner and extent of the
restoration, and may do so in written procedures of general application
or on a case-by-case basis. The Village Engineer or his or her designee
in exercising this authority shall be guided by the following standards
and considerations:
(a)
The number, size, depth and duration of the excavations, disruptions
or damage to the right-of-way.
(b)
The traffic volume carried by the right-of-way.
(c)
The character of the neighborhood surrounding the right-of-way;
the preexcavation condition of the right-of-way.
(d)
The remaining life-expectancy of the right-of-way affected by
the excavation.
(e)
Whether the relative cost of the method of restoration to the
permittee is in reasonable balance with the prevention of an accelerated
depreciation of the right-of-way that would otherwise result from
the excavation, disturbance or damage to the right-of-way.
(f)
The likelihood that the particular method of restoration would
be effective in slowing the depreciation of the right-of-way that
would otherwise take place.
(2)
Methods of restoration may include, but are not limited to,
patching, replacement of the right-of-way base, restoration of landscaping,
and milling and overlay of the entire area of the right-of-way affected
by the work. During this thirty-six-month period, it shall, upon notification
from the Village Engineer or his or her designee, correct all restoration
work to the extent necessary using the method required by the Village
Engineer or his or her designee. Said work shall be completed within
five calendar days of the receipt of the notice from the Village Engineer
or his or her designee. If the permittee fails to restore the right-of-way
in the manner and to the condition required by the Village Engineer
or his or her designee, or fails to satisfactorily and timely complete
all repairs required by the Village Engineer or his or her designee,
the Village Engineer or his or her designee, at his or her option,
may do such work. In that event, the permittee shall pay to the Village,
within 30 days of billing, the cost of restoring the right-of-way.
F.
Bond. Prior to commencing the work, any permittee performing work
within the right-of-way shall post a financial guarantee in an amount
approved by the Village Engineer or his or her designee and in a form
approved by the Village Attorney, provided that the limitations of
Wisconsin Statutes § 66.0425(2) shall apply as applicable.
If, 36 months after completion of the restoration of the right-of-way,
the Village Engineer or his or her designee determines that the right-of-way
has been properly restored, the surety on the performance bond shall
be released.
G.
Indemnification agreement. Before any person, entity, or utility
commences work pursuant to this section, such person, entity or utility
shall file an agreement with the Village Clerk to hold the Village
harmless, indemnify, and defend the Village from and against any all
injury and damage of any kind caused or occurring as a result of such
work. The agreement shall be in a form approved by the Village Attorney,
and shall have continuing effect during the course of such work and
for all time that the obstruction or facilities or installation remain
within the right-of-way, and thereafter until such obstruction is
removed and the site is fully restored to the satisfaction of the
Village Engineer or his or her designee.
H.
Reservation of rights. The Village retains all rights in Village
right-of-way. The grant of a right-of-way permit per this section
does not constitute a waiver of any Village rights and remedies regarding
ongoing compliance obligations toward such installations. All persons,
entities and utilities installing obstructions, encroachments or conducting
excavation in Village right-of-way shall remove or relocate the obstruction,
encroachment or excavation upon ten-day notice, except as otherwise
provided by law.
I.
Compensation. The Village may require payment of compensation, in
an amount determined by the Village Board, for the grant of any permit
pursuant to this section, provided that compensation for more than
applicable fees and cost recovery shall not be required of utilities
that have the right to use the right-of-way by Wisconsin Statutes
§ 182.017(1r). The compensation required shall be fair and
reasonable, competitively neutral and nondiscriminatory and designed
to recover direct and actual costs in connection with the installation,
such as the cost for staff to review the siting application, costs
associated with the use of the right-of-way, costs associated with
maintaining the right-of-way itself or structures within the right-of-way
to which the facilities are attached, and these standards apply both
to initial fees and any recurring fees.
J.
Waiver of deadlines. Timeline deadlines in this process may be waived
by written mutual agreement of the applicant and the Village.
K.
Appeals. Any person who wishes to dispute actions taken by the Village pursuant to this § 292-5.1 may contact the Village Clerk and request to appear before the Village Board at an upcoming regular Village Board meeting and may, at that time, present the matter to the Village Board for resolution. Appeal from the decision of the Village Board shall be by writ of certiorari to the Milwaukee County Circuit Court.
L.
Compliance with laws. Approval of a permit pursuant to this section
does not waive the requirement to comply with all other applicable
laws and ordinances. All applicable federal, state, Milwaukee County,
and Village of Fox Point codes, statutes, regulations, administrative
rules, ordinances and other laws must be followed.
M.
Aesthetic requirements. All users of the Village right-of-way shall
comply with the following aesthetic standards:
(1)
In areas where facilities are currently nonexistent or underground,
undergrounding is required.
(2)
No new aboveground structures, including colocations on existing
structures, shall be placed within 500 feet of an historic structure
recognized as a Historic Landmark by the U.S. Department of the Interior,
or the State of Wisconsin Historical Society. The 500-foot separation
is waived for installations that are completely concealed from view,
or are not visible from locations where the historic structure can
be observed.
(3)
Attachments to existing structures shall be designed to be flush
with the existing structure as much as can reasonably be done, shall
be a color that matches the existing structure and shall be the smallest
size possible to reasonably accommodate the intended purpose. If the
structure to which the attachment is made changes color due to repainting,
resurfacing or other means, the attachment shall be modified to match
the new color.
N.
Debris. Any debris arising from the permittee's use, whether arising from construction or at any time thereafter, must be promptly removed by the permittee. Debris remaining for more than five business days constitutes a violation of this section subject to the violations and penalties provisions of § 1-4 of this Code. Each day that the debris remains after such time constitutes a separate offense.
A.
Issuing numbers. The Village Clerk/Treasurer, upon request, shall
advise as to the numbers available for any given home site in the
Village of Fox Point.
B.
New buildings. The form of application for a building permit for
a residence in the Village shall contain an agreement to be entered
into by the applicant whereby he agrees that there will be provided
for the residence an appropriate house number plate or sign, readily
observable from the public highway, which will be installed not less
than 15 days after the residence is occupied.[1]
[1]
Editor's Note: Original Section 5.12(3), Penalty, which immediately
followed this subsection, was repealed 11-11-2014 by Ord. No. 2014-08.
Persons engaged in snow and ice removal shall not push, plow,
or blow the same onto or across Village streets. Snow and ice shall
be placed or deposited upon the private property of the owner or resident
causing such placement or deposit, or upon the right-of-way abutting
the same property from which it was removed.
Persons engaged in gathering leaves and yard waste shall not
place or blow the same onto or across Village streets. Leaves and
yard waste shall be placed or deposited upon the private property
of the owner or resident causing such placement or deposit, or upon
the right-of-way abutting the same property from which it was removed.
This subsection shall not apply when leaves and yard waste are blown
from the originating property of placement or deposited by wind.
A.
Deposits required. The following deposits are required prior to the
issuance of any permit required for performance of such work in the
right-of-way, or upon a Village street or sidewalk, unless the work
to be performed is exempted from permits under superseding state law;
the work to be done in the right-of-way or upon Village streets or
sidewalks does not require a permit under any applicable statute,
regulation, or ordinance; or the work is to be performed by a utility
or other similar entity referred to within § 66.0425(6),
Wis. Stats., or on behalf of such a utility or entity by its contractor:
B.
All listed deposits are minimum requirements and can be increased
at the discretion of the Director of Public Works/Village Engineer
when, in his opinion, extra hazard is involved.
C.
Not less than 180 days after proper completion of the work (which
includes restoration of the excavated area to its prior condition)
for which the permit was issued, the deposit shall be returned unless,
in the opinion of the Director of Public Works/Village Engineer or
designate, it shall be necessary to correct, complete, or supplement
the work, in which event said deposit or any part thereof may be retained
to pay the cost of the correction, completion or supplement of the
work without prejudice to any right or remedy which the Village of
Fox Point may have against the person or persons doing such work.
Violations of this chapter shall be subject to enforcement or prosecution as provided in § 1-4 of the Village Code.
