Chapter 74 Streets, Sidewalks and Other Public Places

Establishment. The grade of all streets, alleys and sidewalks shall be established by resolution by the Village Board and such resolution shall be recorded by the Village Clerk. No street, alley or sidewalk shall be worked until the grade thereof is established.

§ 74-3 Sidewalk construction and repair.

Alteration of grade. No person shall alter the grade of any street, alley, sidewalk or 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 Director of Public Works or designee. All such alterations of grade shall be recorded by the office of the Village Clerk.

[Amended 3-18-2020 by Ord. No. 976]

[Ord. No. 880, § I, 9-16-2014; Ord. No. 902, § II — IV, 7-21-2015]

Village to repair. It shall be the duty of the Village to repair existing sidewalks along or upon any street, alley or highway in the Village. The costs thereof shall be the Village's responsibility except, when repair, or replacement is located within a driveway approach, or due to encroachment in accordance with Subsection 74-7(a).

Developer to construct. It shall be the duty of the developer to construct sidewalks along or upon any street or highway in the Village. This includes new sidewalks resulting from new residential and nonresidential development, sidewalks to connect to the existing sidewalk network, and existing sidewalks damaged during construction. The costs thereof shall be the developer's responsibility.

Sidewalk requirements. Sidewalks shall be required for the following:

Lots platted by subdivision or certified survey map after January 1, 2000;

Existing residential properties that have existing sidewalks as of the effective date of this ordinance;

Existing residential properties without sidewalks located between properties with sidewalks or part of a sidewalk system;

Construction of nonresidential properties;

Reconstruction or redevelopment of existing nonresidential properties;

As required in developer agreements; and

§ 74-4 Curb and gutter construction and repair.

As required by the Village Board.

(8)

Sidewalk exemptions. Sidewalks shall be exempted for the following:

Existing residential properties that do not have sidewalks as of the effective date of this ordinance and are not part of a contiguous sidewalk system;

Lots platted by certified survey map in a residential neighborhood designated an exemption under § 74-3(d);

Along streets constructed with rural cross-sections with roadside ditches unless directed by the Village Board;

Multi-use trails may be constructed in lieu of sidewalks when part of the multi-use trail system and;

Other locations upon recommendation of the Village engineer Director of Public Works or designee to the Village Board.

[Amended 3-18-2020 by Ord. No. 976]

(9)

Construction standards and specifications. Whenever sidewalks shall be laid, rebuilt, repaired, lowered and raised along or upon any public street, alley, or highway within the Village, it shall proceed according to W.S.A., § 61.36; Wisconsin Department of Transportation's Standard Specifications for Highway and Structure Construction, current edition; and the Village of Mukwonago Specifications, current edition.

(10)

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 or designee at least seven days before work is proposed to be undertaken. Applicable fees shall be charged for such permits.

[Amended 3-18-2020 by Ord. No. 976]

(11)

Repair and replacement of defective sidewalk:

The Village will evaluate a portion of the sidewalks within the Village each year. The intent is to inspect sidewalks on a ten-year recurring cycle. The Director of Public Works or designee will be responsible for performing the evaluation utilizing the criteria summarized in § 74-3(h).

[Amended 3-18-2020 by Ord. No. 976]

The Director of Public Works or designee will perform the applicable inspections during the spring of each year, or as needed, and make a determination as to which sidewalks are defective and which sidewalks must be repaired or replaced by May 31 of each year.

[Amended 3-18-2020 by Ord. No. 976]

Sidewalks requiring repair and replacement shall be summarized on a priority list maintained by the Director of Public Works or designee, with recommendations for specific repair and/or replacement presented at the June public works committee meeting.

[Amended 3-18-2020 by Ord. No. 976]

All sidewalks and drive approaches within the right-of-way will be evaluated for repair and replacement, including carriage walks.

Repair or replacement of defective sidewalks that are not part of a drive approach shall be by Village contract: The Village shall let a contract for repair and replacement of defective sidewalk each year.

Drive approaches and sidewalks contained within drive approaches shall not be repaired or replaced by the Village.

Costs to repair or replace driveway approach and sidewalks contained within drive approaches shall be borne by the property owner.

Defective sidewalk slabs adjacent to a driveway approach shall be separated from the driveway approach and repaired or replaced as determined by the Village engineer or Director of Public Works or designee.

[Amended 3-18-2020 by Ord. No. 976]

Costs to repair or replace defective sidewalk slabs that are not located within drive approaches will be borne by the Village.

Trees and other encroachments in the right-of-way.

Private encroachments and obstructions, including trees, within the right-of-way shall be removed and not be repaired or replaced by the Village.

Prior to the installation of new sidewalks, the owner of a tree located in the path of a proposed new sidewalk may make a request to the Director of Public Works or designee to alter the path of the sidewalk around the existing tree. However, if the request is granted and sidewalk path is subsequently altered, the owner will be responsible for replacement of the altered portion after the tree is removed.

[Amended 3-18-2020 by Ord. No. 976]

In the course of sidewalk repair and replacement, tree roots shall be cut and ground to make way for the repaired walk or drive approach. If in the opinion of the Village forester, the damage to the roots is so significant as to endanger a street tree, the forester may order removal.

A property owner may request the Village remove a street tree that is likely to cause continuing problems with the repaired sidewalk. If such a request is made the Village forester shall evaluate the need to remove the tree.

An adjacent property owner may request removal of street trees from the Village forester, who will consider the requests. All removal costs shall be borne by the adjacent property owner.

All species of tree replacements will come from the Village's approved street tree list.

The Village is not responsible for damage to, or replacement of trees outside the limits of the right-of-way.

(12)

Sidewalk slabs requiring repair or replacement: The following criteria will be used by Village public works staff to determine sidewalks requiring repair or replacement.

Sidewalk slab is cracked or there is differential settlement or heaving at walk joints of three-quarters of an inch or more at any point along the crack or joint.

The sidewalk has heaved three inches or more in a ten-foot length of walk from the normal line of grade of the sidewalk.

The sidewalk is depressed three inches or more in a ten-foot length of walk from the normal line of grade of the sidewalk.

The sidewalk ponds water or is back pitched (sloped away from the street).

A sidewalk slab has cracked into more than two pieces, or cracks have horizontal separations equal to one quarter of an inch or more.

A sidewalk slab has spalled over 50% of its surface.

The sidewalk has a horizontal offset of three-quarters of an inch or more between pieces or slabs.

Sidewalk slab has a piece, or pieces missing to the extent it could be considered a hazard.

A sidewalk slab that slopes more than one inch per foot in any direction, unless the slab is a part of a continuous grade of sidewalk in excess of one inch per foot.

A sidewalk slab that has multiple defects even if the limits of the individual criteria is not met.

Any other sidewalk defects, which could be considered a hazard to the public.

[Ord. No. 880, § I, 9-16-2014; Ord. No. 902, § V, VI, 7-21-2015]

Village to repair. It shall be the duty of the Village to repair existing curb and gutter along or upon any street alley or highway in the Village. The costs thereof shall be the Village's responsibility except when curb and gutter are damaged during construction.

Developer to construct. It shall be the duty of the developer to construct curb and gutter along or upon any street or highway in the Village. This includes new curb and gutter resulting from new residential and nonresidential development and existing curb and gutter damaged during construction. The costs thereof shall be the developer's responsibility.

Curb and gutter requirements. Curb and gutter shall be required upon any street, alley or highway in the Village.

Curb and gutter exemptions. Curb and gutter shall not be required for the following: Constructed rural road cross-sections with roadside ditches unless directed by the Village Board.

Construction standards. Whenever curb and gutter shall be constructed along or upon any public street, alley, or highway within the Village, it shall proceed according to the Village of Mukwonago Specifications, current edition.

(f)

Permit required. No person shall hereafter lay, remove, replace, or repair any public curb and gutter within the Village unless he is under contract with the Village to do such work or has obtained a permit therefore from the Village hall at least seven days before work is proposed to be undertaken. Applicable fees shall be charged for such permits.

(g)

Repair and replacement of defective curb and gutter. The Village will evaluate, repair and replace curb and gutter as stated in § 74-3(g) for sidewalks.

(h)

Specifications. All curb and gutter within the Village shall hereafter be repaired, rebuilt, and constructed in general accordance with the following as more specifically described in the Wisconsin Department of Transportation's Standard Specifications for Highway and Structure Construction, current edition; and the Village of Mukwonago Specifications, current edition.

§ 74-5 Driveways.

[Ord. No. 880, § I, 9-16-2014; Ord. No. 902, § VII, VIII, 7-21-2015]

Village approval required. No person shall construct or maintain any driveway across any sidewalk or curbing without first obtaining a driveway permit from Village hall.

Specifications for driveway construction. Specifications for driveway construction are as follows:

Width. For width specifications see Subsection 100-404(a)(2) of the Village's zoning ordinance.

Interference with intersections. At street intersections a driveway 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 for effective traffic control or for highway signs or signals.

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 constructed so that they shall not interfere with the drainage of streets, roadside ditches or roadside areas or with any existing structure on the right-of-way. When required by the Director of Public Works or designee to provide for adequate surface water drainage along the street, the property owner shall provide any necessary culvert pipe at his own expense.

[Amended 3-18-2020 by Ord. No. 976]

Number of approaches limited. For number of approaches see Subsection 100-404(a)(2) of the Village's zoning ordinance. Any two approaches shall be a minimum of 10 feet apart.

Workmanship and materials. All driveway entrances and approaches (new or replacement), which are constructed across sidewalks, shall be concrete pavement in accordance with the requirements for driveway approach construction in the Village of Mukwonago Specifications, current edition.

Interference with water and sewer facilities. No driveway approach shall be constructed within 10 feet of an existing sanitary lateral, water service, water hydrant or water service curb stop box unless such separation is determined to be non-practicable by the Director of Public Works or designee.

[Amended 3-18-2020 by Ord. No. 976]

§ 74-6 Street and sidewalk excavations and openings.

Location of driveway. No driveway may be constructed within five feet of a side yard lot line unless the supervisor of inspections determines that compliance with this separation is not practicable.

(8)

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 the curb or gutter is removed, the new connection shall be of equivalent acceptable material, and the curb returns shall be 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 defective by reason of vehicle travel across the sidewalk shall be replaced in accordance with the requirements of § 74-3(e) and the Village Development Requirements, current edition.

(9)

In the event work is commenced without obtaining the permits required under this section, the Village may seek a penalty, as provided for in § 1-12 of the Mukwonago Municipal Code, for each day that work is performed without obtaining the permit required by this section. Each day shall be considered a separate violation. In addition, if work is performed under this section without obtaining a permit, the fee for the permit obtained after the fact shall be in the amount of three times the normal permit fee. The permit shall not be issued until all fees are paid, including any penalties assessed under § 1-12 of this Code.

[Added 6-16-2021 by Ord. No. 994]

[Ord. No. 880, § I, 9-16-2014]

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 at Village hall.

Fee. The fee for a street opening permit shall be as provided for in Article IV of Chapter 18, except that, in the event a permit is not obtained before the commencement of the work, the fee for the after-the-fact permit shall be three times the normal permit fee as provided for in said article.

[Amended 6-16-2021 by Ord. No. 994]

Bond. Before a permit for excavating or opening any street or public right-of-way may be issued, the applicant must execute and deposit with the Village Clerk an indemnity bond in the sum of $25,000, 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; that he will fill up and place in good and safe condition all excavations and openings made in the street; that he will replace and restore the pavement over any opening he may make as near as possible to the state and condition in which he found it; that he shall keep and maintain the street or public right-of-way in such condition, normal wear and tear excepted, to the satisfaction of the Director of Public Works or designee for a period of one year; that he will pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the Village Board; and that he 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. 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. As an alternative to the requirements of this subsection, an annual bond may be given under this section covering all excavation work to be done by the principal for one year beginning January 1, which shall be conditioned as specified in this subsection and in the amount determined by the Village Board as necessary to adequately protect the public and the Village.

[Amended 3-18-2020 by Ord. No. 976]

Insurance. In lieu of the provisions of Subsection (c) of this section, prior to commencement of excavation work, a permittee shall furnish the supervisor of inspections satisfactory written evidence that he has in force and will maintain during the life of the permit and the period of excavation, commercial general liability insurance of not less than $500,000 for each occurrence, $300,000 for one accident and property damage insurance of not less than $50,000. The Village shall be listed as an additional insured on the policy. If the permittee is making more than one excavation at any one time, the insurance coverage required is doubled.

Regulations governing street and sidewalk openings. Regulations governing street and sidewalk openings are as follows:

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 or designee.

[Amended 3-18-2020 by Ord. No. 976]

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 gutters.

Protection of public. Every person shall enclose with sufficient barriers each opening, which he may make in the streets or public right-of-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. All work shall be signed and barricaded as required by the Uniform Manual on Traffic Control (MUTCD) current edition. All signs shall be made with approved reflective material. No "homemade" signs are permitted. Barricades remaining overnight shall have appropriate warning flashers. Except by special permission from the Director of Public Works or designee, no trench shall be excavated more than 250 feet in advance of pipe neither laying, nor left unfilled more than 500 feet where pipe has been laid. All necessary precautions shall be taken to guard the public effectively 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 3-18-2020 by Ord. No. 976]

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 with slurry fill. Upon request, the Director of Public Works or designee may authorize refilling the excavated material. All rubbish shall be immediately removed, leaving the street or sidewalk in acceptable repair, the same to be so maintained for a period of one year. In refilling the opening, the earth must be placed in layers not more than six inches in depth, and each layer tamped or flushed to prevent settling. All trenches shall be sheathed and braced as required by applicable law or regulation. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench without the approval of the Village engineer. The Village may elect to 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.

[Amended 3-18-2020 by Ord. No. 976]

(f)

Excavation in new streets. 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 or improvement or repaving shall begin. Immediately after such determination by the Village Board, the Village Clerk's office 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 or designee, an emergency exists which makes it absolutely essential that the permit be issued.

[Amended 3-18-2020 by Ord. No. 976]

(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, however, that such person shall apply for an excavation permit not later than the end of the succeeding business day and shall not make any permanent repairs without first obtaining an excavation permit under this section.

(h)

Village work excluded. The provisions of this section shall not apply to excavation work under the direction of the Director of Public Works or designee, the Village engineer, by Village employees or contractors performing work under contract with the Village necessitating openings or excavations in Village streets.

[Amended 3-18-2020 by Ord. No. 976]

(i)

Highways closed to travel; penalties for unlawful use. Whenever any highway is impassable or unsafe for travel or during the construction or repair of any highway, and until it is ready for traffic, the authorities in charge of the maintenance or construction thereof may keep it closed by maintaining barriers at each end of the closed portion. The barriers shall be of such material and construction and so placed as to indicate that the highway is closed and shall be lighted at night. All signs and barricades shall follow the MUTCD. Any person who, without lawful authority, removes, takes down, alters the position of, destroys, passes over or beyond any barrier so erected, or travels with any vehicle upon any portion of a highway closed by barriers as provided in this section, or walks or travels in any manner upon the materials placed thereon as part of the repair or construction work, shall be liable to a fine of not less than $10 nor more than $100, or to imprisonment not less than 10 nor more than 60 days, on failure to pay, and in addition thereto shall be liable for all damages done to the highway, such damages to be recovered by the Village.

(j)

Temporary roads. Temporary roads within the Village are prohibited, and no new construction will be allowed to begin on buildings until a proper road is installed. A proper road is defined as one which contains:

Square backed curbs and gutter (unless rural cross section referred to at § 74-4(d).

All binder courses of asphalt.

Bond obtained by the developer to cover the cost of the final asphalt surfaces, which would be applied no sooner than one year following the binder course and only upon the Village's approval.

(k)

Penalty. In the event work is commenced under this section that would otherwise require a permit, the Village may assess a forfeiture as provided for in § 1-12 of this Code for each day that work is undertaken without obtaining the necessary permits. Each day the work continues without the permit shall constitute a separate violation and shall be entitled to a separate penalty under § 1-12 of this Code. No permits may be obtained under this section until any outstanding forfeitures are paid and the after-the-fact penalty fee provided for in Subsection (b) above is paid and until all other requirements of this section, including, but not limited to, the posting of a bond and evidence of insurance coverage, are submitted in a form acceptable to the Village.

[Added 6-16-2021 by Ord. No. 994]

§ 74-7 Obstructions and encroachments.

[Ord. No. 880, § I, 9-16-2014; amended 3-18-2020 by Ord. No. 976]

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 right-of-way adjoining the premises of which he is the owner or occupant, except as provided in Subsection (b) of this section.

Exceptions. The prohibitions of Subsection (a) of this section shall not apply to the following:

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

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

Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than two hours.

Temporary encroachments or obstructions authorized by permit under Subsection (c) of this section.

Excavations and openings permitted under § 74-6.

Encroachments permitted under § 74-7(c)(2).

Right-of-way permit. A right-of-way permit may be issued according to the following conditions:

Required. Permits for the use of the streets, alleys, sidewalks or other public rights-of-way or places of the Village may be granted to applicants by the Director of Public Works or designee for the purpose of moving any building or structure or 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 Chapter 18.

Poles not to be erected without permission.

Before any person shall erect any telephone, wireless facilities and/or equipment, utility, electric, or railway poles or posts upon any street or alley, a permit application shall be submitted to the Director of Public Works or designee with the route/location of his proposed lines/poles or any extension showing, as far as practicable, the location of each pole or post and the number and location of any related wires. No such pole or post shall be erected until written permission shall be obtained from the Director of Public Works or designee.

Whenever in the judgment of the Director of Public Works or designee the use of any alley for the purpose of erecting the poles or posts mentioned in Subsection (c)(2)a of this section is practicable, such poles or posts shall be placed upon and along the alley instead of upon and along a public street. When such poles or posts are set in any alley, they shall be located as near as practicable to the side lines, and in such manner as not unreasonably to incommode the public or the adjoining property owner. Whenever such poles or posts are erected in a street, they shall be placed, unless otherwise directed by the Director of Public Works or designee, on the outer edge of the sidewalk just inside of the curb and on the line dividing the lots one from another, but shall not be so placed as to unreasonably incommode the public or the adjoining property owner, or to disturb the drainage of the street, or interfere with or damage the trees or other public or private property on the line of such street or alley unless the written consent of the Director of Public Works or designee shall have been obtained.

Whenever any street on which any of such poles or posts have been set shall be graded or paved, all poles or posts shall be reset immediately so as to conform to the street as reconstructed, and the owner shall immediately put in order all those parts of the streets, alleys, sidewalks, or public grounds so used. Any expense related to the resetting poles shall be the sole responsibility of the pole owner.

All new telephone, small wireless facilities and/or equipment, utility, electric or railway poles or posts and related equipment shall be fabricated using all metal materials and shall be powder coated in bronze, brown, silver or black matte paint finish. Alternate colors and/or materials, proposed in order to better coordinate with the surrounding views, buildings, or environmental may be considered and/or approved by review and/or action of the Village Administrator.

The maximum height of any telephone, small wireless facilities and/or equipment, utility, electric, or railway poles or posts in the right-of-way shall be 50 feet above ground level at the base of the structure or 10 feet above the tallest existing (existing as of the effective date of this section) telephone, small wireless facilities and/or equipment, utility, electric or railway poles or posts, structures located in the same right-of-way and within 500 feet of the proposed new facility, whichever is greater.

All poles placed in the public right-of-way must be at least 25 feet from center line to center line of any other support structure, tower, pole or post in the public right-of-way unless specifically waived or modified by the Village Administrator due to unique and limiting circumstances of the specific proposed location.

In order to conceal the nonantenna equipment and to preserve the limited space available for vehicle and pedestrian traffic, applicants proposing any new installation in/upon the public way shall install all nonpole, -post, -lighting, and -antenna equipment underground to the maximum extent feasible. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that this requirement will effectively prohibit the provision of personal wireless services. Nothing in this subsection is intended to require the applicant to install any electric meter required by the applicant's electrical service provider underground.

To the extent that any equipment cannot be placed underground as required above, the applicants shall install ground-mounted equipment in a location that does not obstruct pedestrian or vehicular traffic. The Village may require landscaping or other concealment as a condition of approval to conceal ground-mounted equipment. Ground-mounted equipment shall not be permitted in connection with a streetlight, traffic signal, utility pole or other similar infrastructure in the public right-of-way. In the event that the Village approves ground-mounted equipment, the applicant shall conform to the following requirements:

Self-contained cabinet or shroud. The equipment shroud or cabinet shall contain all the equipment associated with the facility other than the antenna. All cables and conduits associated with the equipment shall be concealed from view.

Concealment. The Village may require the applicant to incorporate concealment elements into the proposed design, including but not limited to public art displayed on the cabinet, strategic placement in a less-obtrusive location and placement within existing or replacement street furniture.

No ground-mounted equipment shall be permitted closer than five feet to the edge of the public right-of-way.

Bond. No right-of-way 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 or designee, 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, 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.

Fee. The fee for a right-of-way permit shall be as set forth in the most-current Village Board resolution approving the annual fee schedule.

Conditions of occupancy. The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, removal of buildings or structures and, with the exception of encroachments permitted under § 74-7(c)(2), shall be given upon the following terms and conditions and subject to revocation without notice by the Director of Public Works or designee for violation thereof:

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

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

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.

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

No building or structure shall be allowed to remain overnight on any street 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 jointly by the Director of Public Works or designee and the appropriate representative of the Village Police Department.

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.

Termination. All right-of-way 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 Supervisor of Inspections or Director of Public Works or designee.

§ 74-9 Discharges from sump pumps and roof drains.

Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining an unlawfully obstructed sidewalk shall refuse or neglect to remove such obstruction within 24 hours after notice from the Director of Public Works or designee to do so, it shall be the duty of the Director of Public Works or designee to cause/order the 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 each obstructed sidewalk, and such sum shall be levied and collected as other special taxes against real estate.

§ 74-8 Snow and ice removal.

[Ord. No. 880, § I, 9-16-2014; Ord. No. 910, § I, 3-15-2016; 4-21-2021 by Ord. No. 990]

The owner, occupant or person in charge of each and every building or structure or unoccupied lot in the Village fronting or abutting any street shall clean or cause to be cleaned the area within three feet of a fire hydrant adjacent to said property within the public right-of-way and shall create a path three feet in width from the fire hydrant to the roadway; as well as the sidewalk in front of or adjoining each such home, building or unoccupied lot, as the case may be, of snow or ice the width of such sidewalk within 24 hours after snowfall ceases and shall cause the sidewalk to be kept clear from ice and snow, provided that when the ice is formed on a sidewalk so that it cannot be immediately removed, such person shall keep the sidewalks sprinkled with sand or salt. For purposes of this section, "sidewalk" shall include the handicapped access ramps between the sidewalk and roadway.

[Ord. No. 880, § I, 9-16-2014; Ord. No. 902, § IX, 7-21-2015]

Discharges to public rights-of-way. Discharges from sump pumps, roof drains, swimming pools, hoses, etc. shall be terminated 10 feet from the public right-of-way. Private discharges that result in frequent or sustained wet conditions to adjacent sidewalks or public areas are prohibited.

§ 74-10 Excavations in public rights-of-way.

Discharges to storm sewers. Property owners desiring to tie private sump pump discharges directly into the Village storm sewer system shall obtain a permit from the supervisor of inspections and have the work performed in a manner acceptable to the Director of Public Works or designee. All such connections shall be at the property owner's expense.

[Amended 3-18-2020 by Ord. No. 976]

[Ord. No. 932, § I, 7-18-2017]

When any work to be performed within any Village of Mukwonago right-of-way or public grounds, or within any right-of-way under the State of Wisconsin or county jurisdiction when utilities, sidewalks or trails under the jurisdiction of the Village of Mukwonago are present, the following regulations shall apply:

Application and issuance of excavation permits.

No person shall make or cause to be made any excavation in or under any public right-of-way, street, alley, public grounds or sidewalks in the Village without first obtaining a written permit.

Application. All application shall be in writing upon forms which the Director of Public Works or designated representative shall provide and shall include the name of the owner and the description of the property on which the work is to be done, along with such pertinent information as the Director of Public Works or designated representative may require and shall state that the property owner and the applicant will be bound by and subject to the provisions of this chapter.

Issuance, term, suspension and revocation. When the Director of Public Works or designated representative is satisfied that the work proposed by the applicant can be done in conformity with this chapter and after the appropriate fees have been paid to the Village, the Director of Public Works or designated representative shall issue the permit. Such permit shall be good for the continuous performance of the work named thereon. A permit shall automatically expire when work ceases for a period of 60 days without good and reasonable cause for same and shall automatically expire on completion of the work for which it was issued, provided the Director of Public Works or designated representative may, upon notice, suspend or revoke such permit for violation of the provisions of this chapter. Applications for work within the right-of-way will be reviewed to confirm that placement of any proposed utilities meet the following standards:

Above ground utilities shall not be located within the driveway vision triangle. Vision triangle is defined as a triangle formed by connecting a point at 15 feet along the edge of the roadway pavement and 15 feet along the driveway pavement as measured from the intersection of the driveway pavement and the roadway pavement. No obstructions shall be permitted in this area above the height of three feet.

Above ground utilities and all associated supports and/or foundations shall be a minimum of four feet from the back of curb in urban cross sections and 12 feet from the edge of road pavement in rural cross sections unless the location is pre-approved by the Director of Public Works.

Any private utility and all associated supports and/or foundations shall be a minimum of 10 feet horizontal distance from a public utility, or if the public utility is located underground a minimum horizontal distance equal to the depth of the public utility below adjacent surface, whichever horizontal distance is greater.

The above ground utility shall not materially impede the flow of storm water within the ditch line or at outlet/inlet structures as determined in the reasonable discretion of the Director of Public Works.

Applicant shall provide a hold harmless agreement to protect the Village against any damage that results from the collapse of the above ground utility and the granting of this permit.

If the height of the above ground utility is greater than the adjacent zoning district setbacks or the distance to the nearest permanent habitable structure, the applicant shall submit an Engineer's Certificate. The certificate shall show that the above ground utility is located/constructed such that the fall zone is less than the adjacent zoning district setbacks or the distance to the nearest permanent habitable structure.

All private utility infrastructure located within the right-of-way shall be removed upon abandonment of the equipment.

Insurance and bond.

Insurance. The person doing the work contemplated by this section shall save the Village harmless from any claim or demand for damages and shall file a certificate of insurance with the Director of Public Works giving evidence of liability insurance in the minimum amount of $1,000,000 bodily injury and property damage aggregate, naming the Village and its employees as additional insured on a primary and noncontributory basis. Such insurance shall not be canceled or reduced without the insurer giving 30 days' prior written notice to the Director of Public Works. Cancellation or reduction of insurance shall automatically suspend the permit, and no further work shall be done under such permit until a new certificate of insurance complying herewith is filed with the Director of Public Works.

Bond. Except for public utilities, a financial guaranty in the amount of $5,000 in the form of cash or a letter of credit shall be deposited or filed with the engineering services division prior to the issuance of the permit required in Subsection (a)(3) above. The financial guaranty may be used to complete restoration to the satisfaction of the Director of Public Works or designated representative. The financial guaranty shall not relieve the applicant of responsibility for all costs to restore the excavated area to the satisfaction of the Director of Public Works or designated representative.

Permits with impervious surface disruption. After the three-year maintenance period ends, the Village will conduct a final inspection. The applicant shall make all necessary repairs. After repairs are made and approved, the Village will issue final acceptance and the surety shall be terminated and released.

Permits with pervious surface disruption only. After the one-year maintenance period ends, the Village will conduct a final inspection. The applicant shall make all necessary repairs. After repairs are made and approved, the Village will issue final acceptance and the surety shall be terminated and released.

Fees.

Minimum fee. A minimum fee as set by the fee schedule of the Village shall be charged for each permit issued by the Director of Public Works or designated representative for the issuance of an excavation permit in a Village right-of-way.

Inspection fee for utility work. In addition, a current schedule of inspection fees as set by the fee schedule of the Village and as amended from time to time shall be kept on file in the Village Clerk's office and shall be paid by the applicant prior to issuance of the permit.

Inspection. At the discretion of the Director of Public Works or designated representative, a Village inspector may be required to be present continuously during major portions of the excavation and/or repair. The applicant shall be responsible to pay for the actual cost of such inspections. Should this require the inspector to be on site beyond their normal working hours, the permit holder will be billed for the cost of the overtime.

Regulation for filling cuts or excavations.

General regulations. Excavated materials shall be hauled away and properly disposed of by the contractor. All excavations made in paved areas in the public right-of-way, not excluding gravel shoulders, shall be backfilled with a well-graded gravel material free of excessive fines and compacted in six-inch layers with mechanical compaction equipment. Alternatively, an approved slurry mix may be required. The excavation shall be filled with acceptable material up to the bottom of the surrounding pavement. The pavement shall be replaced in kind in such manner as to leave no offset with the surrounding pavement.

All repairs to excavations in permanently improved streets shall be made by saw cuts around the perimeter of the excavation. No jagged edges or irregularities are allowed upon permanent repair.

All excavations in areas of right-of-way which are not paved, excluding gravel shoulders, shall be backfilled with natural material compacted in twelve-inch layers with mechanical compaction equipment. The natural material shall be placed to within four inches of the finished grade, and the area shall then be filled with four inches of the approved topsoil. The topsoil shall be raked to match the surrounding ground elevations, fertilized, seeded and covered with a suitable material to prevent erosion. Sod may be used in lieu of seeding; however, the sod must be placed flush with the surrounding growth.

Excavations made in paved areas, including gravel shoulders, between October 15 and May 15 must be topped with temporary asphalt mix. The temporary patch must be replaced with permanent pavement as soon as practical or as directed by the Village engineer or designated representative.

When an excavation is expected to be open for longer than 96 hours, the Village engineer or designated representative may require that the excavation be covered with a steel plate adequate to carry traffic.

Defective pavement replacement.

If the pavement replacement settles or cracks within three years of the date of the permit and if failure of the replacement is due to improper backfill or compaction, the pavement and backfill in the excavation area shall be removed and replaced at the expense of the party taking out the excavation permit. Until the defective pavement is replaced or repaired to the satisfaction of the Village engineer or designated representative, no further permits will be issued by the Village for that party.

Should it be determined by the Director of Public Works or designated representative that the temporary pavement is not being properly maintained, the Village will cause the work to be done and deduct the cost from the financial guaranty on deposit.

Return of financial guaranty. After permanent repairs have been made, the party holding the excavation permit may request a refund of any remaining portion of the financial guaranty. An inspection will be made and, if the repair is found acceptable and there is no expectation of settling, the financial guaranty will be returned minus any charges that have occurred. In the event that the Village has incurred costs related to the excavation exceeding the financial guaranty on deposit, the permit holder will be billed for the overage. Return of the financial guaranty does not relieve the permit holder of responsibility for the excavation repair for the three years stated in Subsection (d)(6) of this subsection.

Traffic control.

It is the responsibility of the permit holder to provide and maintain all signage as required by the Manual of Uniform Traffic Control Devices.

The road shall not be closed without express written permission.

It is the responsibility of the permit holder in cases of road obstruction to notify all appropriate agencies, including but not limited to: Village departments of public works, utilities, fire and police; state and county jurisdiction representatives if needed, school bus companies; and the like. Said notification will take place at least 24 hours prior to commencing work.

(f)

Emergencies. In the case of emergency, excavations may be made but all appropriate safety procedures must be used. A permit must be applied for as soon as practicable.

(g)

Penalties. Failure to obtain a permit to commence work, except in the case of an emergency, will result in a fine of $500 per occurrence. Each day the excavation is not permanently restored, as determined by the Director of Public Works or designated representative, shall constitute a separate occurrence. Penalties will not continue to accrue once a permit has been obtained and its conditions complied with.

§ 74-11 through § 74-24. (Reserved)

Article II Block Party Permits

§ 74-25 Purpose.

[Ord. No. 901, § II, 8-17-2015]

The streets in possession of the Village are primarily for the use of the public in the ordinary way. However, under proper circumstances, the Village Clerk may grant a permit for street use, subject to reasonable municipal regulation and control. Therefore, this section is enacted to regulate and control the use of streets pursuant to a block party permit, to the end that the health, safety and general welfare of the public and the good order of the Village can be protected and maintained.

§ 74-26 Definition.

[Ord. No. 901, § II, 8-17-2015]

A block party is a gathering in a residential district only of abutting neighbors and their relatives and friends within the Village street right-of-way or other public thoroughfare which has been temporarily closed for the occasion. Persons applying for a special event permit in accordance with Chapter 58, Article III of this Code are exempt from applying for a block party permit. Block party permits will only be issued during the period of May 1 through October 31.

§ 74-27 Prohibition.

[Ord. No. 901, § II, 8-17-2015]

No person shall encroach upon, occupy, obstruct or encumber any public street or highway, or part thereof, for the purpose of participating in a block party unless authorized to do so in accordance with this section.

§ 74-28 Application.

[Ord. No. 901, § II, 8-17-2015]

A written application for a block party permit by persons or groups desiring the same shall be made on a form provided by the Village Clerk and shall be filed with the Village Clerk at least 15 days before an event. The application shall set forth the following information regarding the proposed street use:

The name, address and telephone number of the applicant or applicants. Applicant must be a Village resident.

If the proposed street use is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorizing responsible heads of such organization.

The name, address and telephone number of the person or persons who will be responsible for conducting the proposed use of the street.

The date and duration of time for which the requested use of the street is proposed to occur. A block party permit will only be issued for one day and shall not start earlier than 10:00 a.m. and end no later than midnight.

An accurate description of that portion of the street proposed to be used.

The approximate number of persons for whom use of the proposed street area is requested. A petition must be signed by a majority of the residences along that portion of the street designed for the proposed use. The representative for each residence that is signing the petition must be a resident of that home and 18 years of age or over.

§ 74-29 Review by Chief of Police, Fire Chief and public works director.

The proposed use, described in detail, for which the block party permit is requested.

[Ord. No. 901, § II, 8-17-2015]

Before any application for a block party permit is considered by the Village Clerk, the application shall be reviewed by the Chief of Police, Fire Chief and public works director for their recommendation as to the affect that the temporary closing of the street will have on the public safety and traffic movement in the area during the time the street may be closed.

§ 74-30 Mandatory denial of street use permit.

[Ord. No. 901, § II, 8-17-2015]

An application for a block party permit shall be denied if:

The proposed street use is primarily for private or commercial gain.

The proposed street use would violate any federal or state law or any ordinance of the Village.

The proposed street use will substantially hinder the movement of police, fire or emergency vehicles, constituting a risk to persons or property. A permit will not be granted to close a street, or portion thereof, that is a part of the federal, state or county trunk highway system or is a major through street.

The application for a block party permit does not contain the information required above.

The application requests a period for the use of the street that would last later than midnight.

In addition to the requirement that the application for a block party permit shall be denied, as hereinabove set forth, the Village Clerk, in consultation with the Chief of Police, Fire Chief and public works director, may deny a permit for any other reason or reasons it is determined that the health, safety and general welfare of the public cannot adequately be protected and maintained if the permit is granted.

§ 74-31 Permit fee.

[Ord. No. 901, § II, 8-17-2015]

Each application for a block party permit shall be accompanied by a fee as set forth in the most current Village Board resolution.

§ 74-32 Responsibilities of applicant.

[Ord. No. 901, § II, 8-17-2015]

Acceptance of a permit shall make the applicant primarily liable for damages to persons or property caused by reason of the closing. The applicant further agrees to pay an amount sufficient to reimburse the Village for any damages done to the street surface, right-of-way or any other clean up required after the event. The street surface shall not be altered in any manner (i.e., tent stakes, line markings, etc.). The Village shall not be liable for any damage caused by a street closing.

Applicant shall be responsible for procurement, placement and maintenance of barricades used to barricade streets under this division [article]. No block party shall commence or continue unless barricades are properly placed and maintained. The applicant acknowledges that under no circumstances will the street or right-of-way be blocked that would prohibit access for emergency vehicles. If a permit is granted, the department of public works will deliver a sufficient number of marked barricades to the address of the applicant. The barricades shall be returned to the point of delivery for pick-up by the Village on the next working day.

Amplified music, public address systems, loudspeakers, or other amplification devices must end by 11:00 p.m. on Fridays and Saturdays, and by 10:00 p.m. all other nights. (Note: The Village reserves the right to shut down or limit the amplified music pursuant to § 74-34.)

The applicant shall be responsible for clearing litter and debris from the street after the conclusion of the event.