[Adopted 5-24-2021]
As used in this article, the following terms shall have the meanings indicated:
DITCH
A long narrow excavation dug in the earth for drainage and water storage.
ENCROACH/ENCROACHMENT
Advance gradually beyond usual or acceptable limits.
ENCUMBER/ENCUMBRANCE
A burden or impediment.
EXCESSIVE DITCH SLOPE
A ditch having a slope that exceeds 2:1.
HARDSCAPE
Nonplant materials and structures (such as light posts, walls, pillars, fountains, benches, or gazebos) that are incorporated into or on a landscape.
RIGHT-OF-WAY (ROW)
Land owned or controlled by a governmental entity.
ROW INDEMNIFICATION AGREEMENT
An agreement with the Village that allows the placement of one or more items in a right-of-way and which absolves and indemnifies the Village from liability related to such item(s).
A. 
No person shall encroach upon or obstruct or encumber any street, alley, sidewalk, public grounds, ROW, or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed to remain on any ROW, adjoining the premises of which they are owner or occupant, with exceptions noted for driveways, mailboxes, temporary delivery for a jobsite, official Village signage and objects, and authorized utilities.
B. 
In order to maintain consistent and unobstructed conveyance of storm water in roadside ditches, proper placement and maintenance of street signs, access for repair and maintenance to sanitary sewer structures, maintenance and/or construction of pedestrian pathways, maintenance and planting of urban forest trees, access for utility providers to place infrastructure and storage for removal of snow from the streets, the area designated as the ROW shall not have anything constructed, placed, planted, modified, etc., above or below ground, within the first 20 feet of ROW from the road pavement edge or top of slope of a ditch into the adjacent lot.
C. 
The Village of Elm Grove further prohibits the placement of any woody plants or vegetation which may be considered an obstruction or objects of any type within the remainder of the ROW without an indemnification agreement.
A. 
Any item placed in a ROW without a ROW indemnification agreement prior to the enactment of this article, may be removed under the authority of the Public Works Director, or designee, if it:
(1) 
Has been or may be deemed a hazard by the Village;
(2) 
Conflicts with any public works maintenance project or repair; or
(3) 
For any reason restricts use of the ROW.
B. 
Past or future inaction on the Village's behalf does not constitute consent to said item(s) and the Village of Elm Grove reserves the right to remove said item(s) with or without legal action. Except in an emergency, the Village shall attempt to provide reasonable advance notice of such removal to the adjacent property owner. Nevertheless, there is no assumption of liability by the Village for items or plants placed in the ROW without an approved ROW indemnification agreement.
A. 
A ROW indemnification agreement is required for the placement, other than by the Village, of any plants, hardscape, or anything else within the ROW and outside a 20-foot setback from the road pavement edge or beyond the top of slope of the ditch.
B. 
A ROW indemnification agreement application must be completed and submitted to the Public Works Director, who will review and make a recommendation to the Public Works/Utilities Committee for their review and action. The Village reserves the right to deny any application deemed unacceptable for any reason.
C. 
A ROW indemnification agreement will only be allowable under certain circumstances, including, but not limited to, installation of underground sprinkler systems and electric dog fences within 20 feet from road pavement edge. The Village reserves the right to deny any request deemed unacceptable for any reason.
A. 
Property owners who have concerns about an excessive ditch slope may request, in writing, a review of the ditch.
B. 
The Village is not required to alter any ditch and there is no implication of consent for any further action.
C. 
Any modifications to the ditch the Village is able to perform will be done within the general work schedules and placed in order of other already pending projects.
D. 
If an agreement cannot be reached between the Director of Public Works and the resident, the matter may be referred to the Public Works/Utilities Committee for possible approval.
Property owners adjacent to the ROW are required to maintain the ROW, including, but not limited to, mowing grass, leaf and debris clean up, sod damage repair (unless caused by a Village plow and reported in a timely manner) and any other maintenance required to prevent erosion or blockage of the conveyance of storm water or obstruction of signage or motorist sight obstructions. Refer to Elm Grove Municipal Code § 266-6D.
The Village of Elm Grove reserves the right to inspect any ROW or public property. Expenses of inspections shall be paid by the resident if any violations of municipal ordinances are found.
A. 
Conduct not in compliance with this article is prohibited.
B. 
Violation of the terms of this article shall result in a written warning to the property owner, subject to the appeal to the Board of Trustees of the Village of Elm Grove. Failure to adhere to the terms may result in a municipal citation.
All applicable laws, including applicable zoning requirements, must be followed. In the event of a conflict between this article and other provisions of this Code or applicable zoning requirements or other laws, the more restrictive shall apply. If any section, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this Code.