City of Onalaska, WI Sidewalks, Curb and Gutter, and Driveways

6.04.11 Construction and repair of sidewalks.

Provision of state law. All provisions of § 66.0907 of the Wisconsin Statutes describing and defining regulations with respect to sidewalks are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by § 66.0907, Wis. Stats., is required or prohibited by this section.

Sidewalk repair or construction.

Adjacent property owners building, repairing, constructing and perpetually maintaining sidewalks along or upon any street, alley or highway in the City of Onalaska shall pay the cost thereof pursuant to this section. A sidewalk map as recommended by the Plan Commission and adopted by the Common Council shall be the basis of selecting proposed sidewalk locations throughout the City.

All sidewalks within the City of Onalaska hereafter shall be repaired, rebuilt and constructed in accordance with the specifications of this section.

Special assessments for sidewalks. Special assessments levied to defray the costs of laying, removing and repairing sidewalks may, when they exceed $100, be paid in equal installments, over a twenty-year period when new sidewalks are installed, and over 10 years when sidewalks are replaced or repaired. The special assessment shall bear interest at the rate determined by the Common Council, uniform with other City special assessments, at a rate equal to 1% over the interest rate for the bond issuance that is issued to pay for the improvement. Engineering and administrative fees of 7.5% shall be added to the special assessment cost.

Special assessments levied to defray the costs of repairing sidewalks damaged by City-owned trees placed on the boulevard shall be split equally between the City of Onalaska and the property owner for all City-administered repairs. Where the property owner's portion of the fee exceeds $100, the property owner shall be allowed to pay the fee in equal installments as set forth in Subsection C above.

Sidewalk permit required.

No person shall hereafter lay, remove, replace or repair any public sidewalk within the City unless they are under contract with the City to do such work or has obtained a permit therefor from the Inspection Department at least three days before the work is proposed to be undertaken. A fee as set forth on the City of Onalaska Fee Schedule shall be charged for such permit.[1] The permit shall be issued upon application forms provided by the City and shall contain such information as the Inspection Department shall deem necessary.

[1]

Editor's Note: The current Fee Schedule is on file in the City offices.

Such permit shall be for a continuous sidewalk within or between intersecting streets, in front of the property owned by one person, firm or corporation. No permit shall be necessary for repairs which do not exceed 60 square feet, unless the Public Works Inspector deems it necessary to establish a new grade for such repair.

After the permit has been issued, the applicant shall obtain a survey and grade stakes from the City Engineer. After the sidewalk has been constructed, repaired or reconstructed, the Inspector will again check, after which a grade certificate will be issued upon request.

Grade certificate. A grade certificate may be issued by the Public Works Department upon request providing all sidewalk construction, repair or reconstruction is in accordance with City specifications.

Standard specifications for sidewalk.

General. Concrete sidewalk construction shall meet the specifications and provisions set forth in this section and shall be constructed in locations and to line and grade as established by the City.

Subgrade. Subgrade shall be two inches of sand fill, thoroughly and uniformly compacted and brought to correct grade placing of concrete and thoroughly wet down immediately before concrete is placed. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed.

Concrete. The minimum quantity of cement per cubic yard shall be six sacks of 94 pounds each. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 3,500 pounds compression in 28 days.

Forming. Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar, and all forms shall remain in place for 24 hours after pour.

Jointing, floating and finishing. Soon after screening and while the concrete is still plastic, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curbline, a one-half-inch expansion joint shall be placed. Transverse expansion joints 1/2 inch thick and four inches wide and five feet long or premolded material shall be located every 75 feet. Sidewalks must be marked off to make blocks five-foot square and be at right angles to the parallel lines. Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts curb and gutter shall have one-half-inch-by-four-inch expansion joints of premolded material.

Slope. All forms must be approved by the City Engineer or their designee before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of 1/4 inch per foot of width of sidewalk. All joints and edges shall be finished with a one-fourth-inch-radius edging tool. Sidewalks shall be constructed within the limits of the street, and unless otherwise specifically indicated, the back of the sidewalk shall be on the property line.

Width and thickness. All sidewalks shall be five feet in width unless otherwise specified by the Board of Public Works. Residential sidewalks shall be not less than four inches thick and commercial sidewalks not less than five inches thick, except within driveway approaches the minimum thickness shall be six inches.

Carriage walks and driveway areas.

Concrete carriage walks and concrete driveways that are not placed at grade shall be removed at City expense. The concrete replacement cost to grade shall be charged to the property owner.

Bituminous asphalt driveways shall be saw cut and removed at the City's expense. Their replacement shall be six-inch-thick concrete and shall be charged to the property owner.

The City shall pay up to four feet of driveway length to match the back of the sidewalk to the existing driveway. Length in excess of four feet shall be charged to the property owner. Unusual cases shall be reviewed by the Board of Public Works.

The area between the curb and gutter and sidewalk, through the driveway commonly referred to as the driveway approach, shall be six-inch-thick poured concrete, the cost to be assessed to the property owner.

Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish in transverse direction. Edges and joints shall be given a finish with a one-fourth-inch-radius edging tool. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather (below 50° F.) for 96 hours.

10.

Curing. Concrete shall be kept moist by sprinkling, covering or a combination of both for a minimum of five days.

11.

Cold weather requirements. When the temperature is less than 40° F., all concrete placed in the forms shall have a temperature between 50° F. and 70° F. and shall meet the requirements as per Wisconsin Department of Transportation specifications for cold-weather concrete.

12.

Lawn replacement. When contractors perform sidewalk work for the City, the City shall replace and/or return lawns back to original condition at the City's expense. (Example: If a property owner has black dirt and sod, the City shall install black dirt and seed; if a property owner has sand and weeds, the City will seed the area, with no black dirt.) After the replacement has been made, it shall be the responsibility of the property owner to water and care for it. There shall be no additional replacement because of abuse or neglect by the property owner. Property owners doing their own sidewalk and driveway construction shall take out sidewalk and driveway permits and shall not be entitled to any services from the City, such as excavation, black dirt, seed, etc.

[Amended 12-13-2022 by Ord. No. 1753-2022]

Objects in right-of-way.

All trees, shrubs, planters, landscaped flower gardens, flagpoles, fences, light posts, etc., and, in general, other objects placed on a City right-of-way (boulevard) without permission from the City that are in the way of the sidewalk, or pose a problem by being too close to the sidewalk, shall be the removal responsibility of the property owner. Any relocation of said objects shall be done by the property owner before sidewalk contractors start work. A property owner shall have 30 days to remove said objects after the City has ordered the sidewalk in. Objects not removed within the thirty-day period shall be removed by the City or the sidewalk contractor at the time of construction. Objects shall be hauled away and disposed of.

Trees that exist very close to the back of sidewalks (within three feet) may be removed by the City or sidewalk contractor at the City's expense. No replacement costs will be absorbed by the City. Property owners are advised to remove or relocate trees, because in time the roots may heave the walk, resulting in replacement at the cost of the property owner.

Any objects breaking the vertical plane at the property line, sitting on or overhanging a sidewalk that may constitute a public danger or safety hazard (be it on City boulevards or private property), shall be cause to be removed by the City with no replacement provided.

Repair or replacement of defective sidewalks. Pursuant to § 66.0907, Wis. Stats., the Common Council may order at any time property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient. If the property owner shall fail to so repair or remove and replace such sidewalk within 60 days after service of the notice provided in § 66.0907, Wis. Stats., the Common Council shall repair or construct such sidewalk and the Finance Director shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If a life-threatening situation exists which is caused by a sidewalk in need of repair, the Board of Public Works or City Engineer shall direct the property owner to make repairs within seven days. If the property owner shall fail to repair such sidewalk within the required period, the Board of Public Works shall make the necessary repairs and the Finance Director shall enter the total cost thereof on the tax roll as a special tax against said parcel.

Illegal sidewalks. No sidewalk which shall be constructed contrary to the provisions of this section shall be considered a legal sidewalk and the same may be ordered to be replaced with a legal sidewalk and with one that is in conformity with this section, the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.

Retaining walls. The cost of the initial flagstone or retaining wall, as determined by the Board of Public Works, shall be paid for by the City. After completion of the construction, the wall shall become property of the property owner. The property owner shall pay for any and all maintenance and upkeep.

6.04.12 Downspouts and eaves of buildings not to drain on sidewalks.

No downspouts from any building shall terminate on or upon, or in such position that the contents of such spout be cast upon or flow back or over any public sidewalk in the City. When the eaves of a building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in the City's Schedule of Deposits pursuant to Title 1 of this Code of Ordinances.

6.04.13 Sales, cafe seating or display of merchandise within public right-of-way.

Right-of-way sales prohibited except by permit. No person shall display, sell or offer to sell on any street, sidewalk, alley or other public place within the City any goods, wares, foodstuffs or anything of value or service of any kind by putting up a table, booth or stopping a vehicle or person on foot or in any other manner obstructing the right-of-way and attempting to publicly sell or offer for sale any such articles, unless such person shall have first applied for and obtained a permit as set forth in Section 6.02.43 of this Title of this Code of Ordinances.

[Amended 7-13-2021 by Ord. No. 1710-2020]

Outdoor dining areas on public property (sidewalk cafes).

Purpose. To encourage revitalization and growth of downtown and other areas of the City of Onalaska, including the development of social and economic activities and to encourage enhanced use of available public rights-of-way to complement restaurants while still encouraging the free and safe flow of pedestrians. To establish safety standards for sidewalk cafes is necessary to protect and promote public health, safety and welfare.

Sidewalk cafe defined.

SIDEWALK CAFE

An expansion of a restaurant or coffee shop creating an outdoor dining facility on part of the public property that immediately adjoins the licensed premises for the purpose of consuming food or nonalcoholic beverages to the patrons of the business.

Permit required. An establishment may apply for a permit from the City's Clerk's office to allow for a sidewalk cafe. The Clerk's office may approve or deny a permit where necessary to maintain the public health, safety or welfare, to prevent a nuisance from developing or continuing or due to violation of this section, the City Code of Ordinances or applicable State or Federal Law. A Sidewalk Cafe permit shall be issued where the application is filled out in its entirety, the fee as set forth in the City Fee Schedule is paid and the application meets the standards set forth in Subsection B.4. below.

Permit standards.

No portion of any sidewalk cafe may encroach on the sidewalk adjacent to any other property other than the property that is licensed in this chapter.

The applicant shall maintain a four-foot-wide unencumbered, open and accessible portion of the sidewalk for pedestrian traffic safety and accessibility at all times.

Sidewalk cafes may operate; serve food or nonalcoholic beverages, until 11:00 p.m., Sunday through Thursday and until midnight Friday and Saturday, meaning all patrons must vacate the sidewalk cafe by those times.

The applicant shall provide for removal of garbage and is responsible for the cleanliness of the sidewalk cafe area.

The use of the portion of public property as a sidewalk cafe shall not be an exclusive use. All public improvements, including but not limited to trees, light poles, traffic signals, manholes or any public initiated maintenance procedures, shall take precedence over said use at all times. The City Administrator, Chief of Police, Zoning Administrator, Public Works Director or their designees may temporarily order the termination of sidewalk cafes for the following reasons, but not limited to, special events, including but not limited to construction, parades, sponsored runs or walks, or for any reason to maintain the health, safety, and welfare of the public.

Semipermanent markings will delineate the corners of the sidewalk cafe area, as illustrated in the approved site plan required for permit.

Outdoor furniture will not be easily wind borne, i.e., plastic tables/chairs, lawn chairs, lightweight wicker.

Applicant shall secure tables and chairs nightly.

Liability and insurance. By obtaining a sidewalk cafe permit, the applicant agrees to indemnify, defend, save and hold harmless the City, its officers and employees, from any and all claims, liability, lawsuits, damages, and causes of action, which may arise out of the permit or the permittee's activity at the sidewalk cafe. Permittee shall provide commercial liability insurance in the amount of at least $1,000,000 per occurrence and name the City of Onalaska as additional insured and show how the coverage extends to the area used for the sidewalk cafe. Applicant shall execute an indemnification agreement approved by the City Attorney and submit an original certificate of insurance as required in the application prior to operation of the sidewalk cafe.

Revocation of suspension. The approval of a sidewalk cafe permit is conditional at all times. The City Administrator, Chief of Police, Zoning Administrator, Public Works Director or their designees may temporarily order the termination of sidewalk cafes' at any time. Issuance of this permit under this division is a privilege, not a right, to use the public right-of-way.

Appeal. A revocation, suspension, or denial of a permit may be appealed by the applicant or permit holder to the Common Council or designated Committee of the Council, which shall hold a hearing and either grant, grant with conditions, or deny the permit. The permit holder or applicant shall be notified and shall have the right to be heard prior to a decision.

Penalty. The penalty for violation of this section shall be a forfeiture of not less than $50 or more than $200 per day for each violation, together with the costs of prosecution.

6.04.14 Curb and gutter.

Special assessments and charges. The City may, at any time, construct or have constructed curb and gutter in the City. As a complete alternative to any other methods provided by law, the City may collect for said curb and gutter in the manner and by the procedure provided by §§ 66.0701 and/or 66.0703, Wis. Stats.

Alternative methods.

Petition. Any taxpayer and property owner in the City may petition the City for the installation of curb and gutter abutting property owned by said petitioner in said City.

Requirements of petition. The petition for the installation of curb and gutter shall state that the petitioner(s) request curb and gutter abutting property owned by said petitioner, describing said property, stating what type is requested, and further said petition shall state that each petitioner individually shall be responsible and liable for, and thereby obligates themselves to pay the total costs of installation of said curb and gutter to include surveying and other contingent expenses.

Effect of petition. In the event a petition for the installation of curb and gutter is presented to the Common Council, the Council shall have the exclusive discretion to accept or reject the same. The Council may refer said petition, may table it, but in any event they shall act upon the same in some manner within six months of receipt of said petition.

Resolution of intent. In the event the City should desire to construct curb and gutter in any area of the City, the Common Council may adopt a resolution of intent to install said curb and gutter and assess the costs thereof to the abutting property owners as provided in § 66.0701, Wis. Stats.

Types of curb and gutter. All curbs and gutters shall conform to the construction standards adopted by the Common Council, on file with the City Engineer.

Liability for repair thereof. Whenever curb and gutter is installed, all property owners receiving the benefits thereof shall be responsible and liable for all replacements, repairs, damage and maintenance and during any period of construction on the property against which it abuts. Any expense for additional width of road made necessary by blacktop curb and gutter shall be the responsibility of and shall be paid for by the abutting property owner.

Entered on tax rolls. Any and all costs of replacement, repair and maintenance of curb and gutter incurred within two years after installation thereof or damage thereto during construction as provided above, shall be charged to the lot or parcel of land affected thereby pursuant to § 66.0703, Wis. Stats.

6.04.15 Driveway permit required.

Purpose. For the safety of the general public, the City shall determine the location, size, construction and number of access points to public roadways within the City limits. It is the City's intent to provide safe access to properties abutting public roadways suitable for the property to be developed to its highest and best use, provided that access is not deficient or dangerous to the general public.

Permit required to construct, reconstruct, alter or enlarge. No person, firm or corporation shall construct, reconstruct, alter or enlarge any private driveway within the limits of the dedicated portion of any public street under the control and jurisdiction of the City of Onalaska without first obtaining a permit therefor as provided by this section.

Application.

Application for such permit shall be made to the Inspection Department on a form provided by the City and shall be accompanied by a drawing accurately depicting the portion of the proposed private driveway to be constructed, reconstructed, altered or enlarged lying within the dedicated portion of the public street, the dimensions thereof and a statement of the materials proposed to be used. The applicant shall pay a fee as prescribed in the City Fee Schedule.

Applications for permits must be accompanied by a scale drawing indicating the location of the driveway or driveways to be installed and the requested widths for all installations classified as special above and for any installation involving a utility relocation.

The permit application shall be made at least 48 hours in advance of intended installation for all classes, except special or unclassified uses, wherein five days shall apply to permit time for study and consideration before granting the permit.

In no case shall any driveway be installed prior to securing a building permit if the driveway is to service such building or buildings.

The determination of the class of driveway shall be by present land use where nonconforming to the Unified Development Code and, in all other cases, by the class of driveway for the particular zone involved.

Application for "blind" driveways, wherein the only purpose is to restrict street parking, shall be denied.

Application provisions. All driveway permit applications shall contain the applicant's statement that:

The applicant represents all parties in interest, and that such proposed driveway is for the bona fide purpose of securing access to their property and not for the purpose of parking or servicing vehicles, advertising, storage or merchandising of goods within the dedicated portion of the City street, or for any other purpose.

The City, notwithstanding the construction of such driveway, reserves the right to make any changes, additions, repairs or relocations within the dedicated portion of the City street at any time, including relocation, reconstruction, widening and maintaining the street without compensating the owner of such private driveway for the damage or destruction of such private roadway.

The permittee, their successors or assigns, agrees to indemnify and hold harmless the City of Onalaska, its officials, officers, agents or employees, against any claim or any cause of action for personal injury or property damage sustained by reason of the exercise of such permit.

The City does not assume any responsibility for the removal or clearance of snow, ice or sleet or the opening of any windrows of such material upon such portion of such driveway within the dedicated portion of the City street.

Widths and permit fees. Unless otherwise especially permitted by resolution of the Common Council, upon written application giving the reason therefor, the standard and maximum widths of driveways at the sidewalk and curb, other requirements for such installations, and fee for permits shall be as outlined in the City Fee Schedule:

Type and Classification	Minimum Widths at Sidewalk (feet)	Curb (feet)	Maximum Widths at Sidewalk (feet)	Curb (feet)
Residential:
Single garage	10	17	12	17
Double garage	18	25	22	26
Three-car garage	18	25	30	34
Commercial:
Single	15	22	20	25
Double	20	27	30	34
Industrial:
Special	20	27	30	34
Parking lots	20	27	26	30

6.04.16 Driveway location, design and construction requirements.

General requirements. The location, design and construction of driveways shall be in accordance with the following:

General design.

Private driveways shall be of such width and so located that all of such driveways and their appurtenances are within the limits of the frontage abutting the street of the property served. Driveways must be a minimum of three feet from adjoining parcel line at right-of-way and into the parcel.

Driveways shall not provide direct ingress or egress to or from any street intersection area and shall not encroach upon or occupy areas of the street right-of-way required for effective traffic control or for street signs or signals. A driveway shall be so located and constructed that vehicles approaching or using it shall have adequate sight distance along the street.

Where more than one driveway shall be on the same street, they shall be at least six feet apart on frontage of less than 90 feet or 25 feet apart on frontage exceeding 90 feet.

Driveways shall, in all cases, be placed wherever possible as not to interfere with utilities in place. All costs of relocating utilities shall be the responsibility of the property owner with approval of the Board of Public Works necessary before any utilities may be relocated and the driveway installed.

All driveways must be located within the extended property lines unless accompanied by a special agreement from the abutting property owner, with extension of said property lines to be on a 90° angle from the street line.

Where removal of the curb head is required for driveway installation, it shall be fully removed and replaced.

In all instances, for driveways, a drophead curb shall be installed in a two-foot distance.

The slope across the sidewalk portion of each driveway shall be governed by this section or as permitted by specific resolution. A sidewalk permit is also required for the sidewalk portion of the driveway.

Number. The number of driveways to serve an individual property fronting on a street shall be one, except where deemed necessary and feasible by the City Engineer for reasonable and adequate service to the property, considering the safety, convenience and utility of the street.

Island area. The island area in the street right-of-way between successive driveways or adjoining a driveway and between the highway shoulder and right-of-way shall constitute a restricted area and may be filled in and graded only as provided below in Section 6.04.16.A.7.

Drainage. The surface of the driveway connecting with street cross sections shall slope downward and away from the highway shoulder a sufficient distance to preclude ordinary surface water drainage flowing onto the street roadbed.

Culverts. Driveways shall not obstruct or impair drainage in street ditches or roadside areas. Driveway culverts, where required, shall be adequate for surface water drainage along the street and shall not be less than the equivalent of a twelve-inch-diameter pipe. The distance between culverts under successive driveways shall not be less than 10 feet except as such restricted area is permitted to be filled in pursuant to the provisions of Section 6.04.16.A.7.

Reconstruction of sidewalks and curb and gutter. When the construction of a driveway requires the removal of a curb or gutter, the new connections shall be of equivalent acceptable material and curb returns shall be provided or restored in a neat, workmanlike manner. The driveway surface shall be connected with the highway pavement and the sidewalk, if any, in a neat, workmanlike manner. The driveway construction shall include the replacement of such sidewalk areas which are inadequate or which are or may be damaged by means of vehicle travel across the sidewalk. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in Section 6.04.11. of this Title insofar as such requirements are applicable, including thickness requirements. Standard thickness of driveway approaches will be six inches thick.

Restricted areas. The restricted area between successive driveways may be filled in and graded only when the following requirements are complied with:

The filling or draining shall be to grades approved by the City Engineer and, except where highway drainage is by means of curb and gutter, water drainage of the area shall be directed away from the street roadbed in a suitable manner.

Culvert extensions under the restricted area shall be of the same size and of equivalent acceptable material as the culvert under the driveway. Intermediate manholes adequate for cleanout purposes may be required where the total culvert length is excessive.

Where no street side ditch separates the restricted area from the street roadbed, permanent provision may be required to separate the area from the street roadbed to prevent its use for driveway or parking purposes by construction of a border, curb, rail or posts as may be required by the City Engineer.

Construction across sidewalks. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in Section 6.04.11. of this Title insofar as such requirements are applicable, including thickness requirements.

Variances. Any of the above requirements may be varied by the Board of Public Works, upon the recommendation of the City Engineer, in such instances where the peculiar nature of the property or the design of the street may make the rigid adherence to the above requirements impossible or impractical.

Prohibited driveways.

No person, firm or corporation shall place, construct, locate in, or cause to be placed, constructed or located in, any obstruction or structure within the limits of any public road, highway or street in the City of Onalaska except as permitted by this section. As used herein, the word "structure" includes private driveways, a portion of which extends into any public road, highway or street, and which is in nonconformance with this section.

No driveway shall be closer than 10 feet to the extended street line at an intersection. 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 City for effective traffic control or for highway signs or signals.

The grade of that portion of any private driveway or pedestrian path located within the limits of any public road, highway or street shall be such as shall meet the grade of the existing public roadway at its edge and not cause an obstruction to the maintenance or clearing of such public roadway.

No driveway apron shall extend out into the street further than the facing of the curb and under no circumstances shall such driveway apron extend into any gutter area. All driveway entrances and approaches shall be constructed as not to interfere with the drainage of streets, side ditches or roadside areas, or with any existing structure on the right-of-way.

No portion of any curb, parapet or retaining wall, rising above the grade of the driveway, erected by the owner of the premises involved shall extend beyond the culvert spanning the watercourse located in such public way.