[Adopted 5-24-2021]
As used in this article, the following terms shall have the
meanings indicated:
A long narrow excavation dug in the earth for drainage and
water storage.
Advance gradually beyond usual or acceptable limits.
A burden or impediment.
A ditch having a slope that exceeds 2:1.
Nonplant materials and structures (such as light posts, walls,
pillars, fountains, benches, or gazebos) that are incorporated into
or on a landscape.
Land owned or controlled by a governmental entity.
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:
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.
