No person shall, within the limits of the City, remove or disturb any grade stake or sign, barrier, lamp or danger signal placed in or upon any street of the City by any City official or contractor or other agent of the City.
[HISTORY: Adopted by the Common Council of the City of Sheboygan Falls 8-21-2024 by Ord. No. 6-2024/2025.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 285, Streets and Sidewalks, adopted 10-4-2005 as §§ 8.01 to 8.11 and 8.15 of the 2005 Code of Ordinances, as amended by Ord. No. 13-2023.
A.
Snow and ice. The owner, occupant or person in charge of any building fronting upon or adjoining any street and the owner or person in charge of an unoccupied dwelling or lot fronting any street shall clean the sidewalk in front of or adjoining such building or unoccupied lot or dwelling of snow and ice from such sidewalk within 24 hours after the precipitation that caused the accumulation of such snow and ice on the sidewalks ceases. When ice has formed on any sidewalk that it is difficult or impossible to remove, the person in charge, as described herein, shall keep the sidewalk sprinkled with salt, sand or other chemical ice remover.
B.
Water. Every person owning any building in the City situated as described in Subsection A shall cause the pipes conducting the water from the eaves of such buildings to be so constructed as not to spread the water over the sidewalk.
C.
Rubbish and refuse. Any owner, occupant, agent or person in charge of any premises, improved or vacant, that fronts upon any sidewalk shall keep the same free from rubbish and dirt and free from all obstructions for the whole width thereof so that the public shall have free passage over such sidewalk for the whole width and at all times.
D.
Merchandise containers. No person, firm or corporation shall place or cause to be placed any goods, wares, or merchandise, or any box, display case, or other container therefor, upon any sidewalk or public right-of-way in the City, excepting for the temporary display of such goods, wares, or merchandise within three feet of the building occupied by such person, firm or corporation as a usual place of business, any day during regular business hours, or in excess of regular business hours for a period not to exceed 90 days in any calendar year. Extensions of such ninety-day period may be granted for good cause shown upon a case-by-case basis by the Common Council.
E.
Power of director of public works. If the provisions of this chapter are not complied with, the Director of Public Works shall cause all sidewalks which shall not have been cleaned of ice, snow, rubbish, dirt or other obstructions, or sprinkled with sand, or salt as above prescribed, to be so cleaned or sprinkled, in their discretion, and shall demand payment of the expense of such removal of the occupant, owner or person in charge of such premises. If the expense of such removal, cleaning or sprinkling is not paid, it shall be a tax upon the premises bounded by such sidewalk to be levied and assessed thereon as provided in § 66.0907, Wis. Stats.
No person shall throw or deposit the snow or ice from their own personal driveway, sidewalk or parking area into the public streets or alleys of the City.
A.
Permit to dig or excavate. No person shall dig any hole, trench or ditch, tear up any pavement, sidewalk, culvert, drain or sewer or any part thereof, or make any excavation whatever in any public street or public grounds in the City without first obtaining a permit to excavate in the public right-of-way from the City Administrator or their designee.
B.
Permit to divert flow of water. No person shall divert the ordinary flow of water in or to any culvert, drain or sewer to or upon any street, sidewalk or public grounds in the City without written permission from the Director of Public Works.
C.
Holes to be refilled. No person, without permission of the City Administrator or their designee, shall dig any hole, ditch or trench or make any excavation in any public street or public ground in the City and fail to refill the same as soon as it can be done, consistent with accomplishing the object for which such hole, trench or ditch was dug or such excavation made. Holes shall be refilled in accordance with the requirements of the permit to excavate in the public right-of-way, the Technical Standards to Excavate in the Public Right-of-Way on file in the City Clerk's office or as directed by the Director of Public Works or designee.
D.
Surface restoration. Pavements, sidewalks, curb and gutter or lawn areas shall be restored in the manner required in the permit to excavate in the public right-of-way, the Technical Standards to Excavate in the Public Right-of-Way on file in the City Clerk's office or as directed by the Director of Public Works or designee. If the excavation is made by or for a utility company, the utility company shall restore the surface. If the excavation is made by or for a property owner, the City shall restore the surface at the expense of the property owner.
E.
Guard required around holes. No person digging or making any such excavation in the City shall fail to guard any hole, trench or ditch dug or excavation made by sufficient fence railing, lights or otherwise for any period of time so that the same shall be unsafe or dangerous. Traffic control procedures for excavations shall conform to the requirements of the permit to excavate in the public right-of-way.
F.
Damage to City property. No person so digging or making any excavation in the City shall in any way injure any light wires, sewer connections, or any City property in any way, shape or manner.
G.
Responsibility. All permits to dig in streets shall be issued to one person and they shall be fully responsible to the City for the carrying out of the provisions of this chapter.
H.
How rules are made. Permits under this section shall be issued under a set of rules determined by the Board of Public Works.
A.
Owner to number. Each owner of a building situated within the City used for dwelling or business purposes shall number and keep numbered the same in a conspicuous and legible manner with the number as designated on the City of Sheboygan Falls Wards and Districts Map, on file in the office of the Clerk.
B.
New buildings. The owners of new buildings shall install the city assigned number within 30 days after such building is occupied.
A.
Permit required. No person shall construct any sidewalk, curbing or driveway approaches between or across any sidewalk, City right-of-way or curbing without first obtaining a permit.
B.
Application, issuance and term. Any person laying new sidewalks or relaying old sidewalks or laying a driveway approach between or across any sidewalk, City right-of-way or curbing shall first make application to the City Administrator or their designee for a permit. The application shall contain such information as the City Engineer may require and a permit shall be granted by the City Administrator or their designee when the applicant complies with all ordinances and rules relating to sidewalk and driveway approach location and construction or in conformity with a Common Council order. All construction hereunder shall be completed within 30 days of the issuance of the permit.
C.
Contractors. In the case of a person under contract with the City to construct sidewalk, curb and gutter and driveways, the contract shall constitute the required permit for work being done under such contract.
D.
Repair. Any destruction of street pavement, curbing or other public property shall be immediately repaired or reinstalled by the owner or their representative and paid for by the property owner.
E.
Power and authority of the Board of Public Works.
(1)
The Common Council shall perform all the duties and exercise all the power and authority of the Board of Public Works and all persons shall be charged with the duties and chargeable with the expenses under § 66.0907(3)(b), (c), (d), (e) and (f), Wis. Stats.
(2)
The Director of Public Works shall make periodic inspections of work being performed under this chapter and shall report on such work to the Board of Public Works.
F.
Construction of sidewalks. All sidewalks shall be constructed in conformance with the following City of Sheboygan Falls Standard Specifications (on file with the City Administrator or their designee) and the following:
(1)
Width.
(a)
All new sidewalks in residential areas, or reconstructed sidewalks in residential areas that extend for a length of one block or more shall be constructed to a width of five feet and shall be placed one foot from the right-of-way line, unless otherwise specified by the established grade ordinance for a specific street.
(b)
Existing sidewalks in residential areas can remain at four feet six inches in width. When spot repairs or reconstruction of sidewalks less than one block long are performed, wheelchair passing areas five feet long and five feet wide (including the width of the sidewalk) shall be constructed at a spacing not to exceed 200 feet, conforming to the requirements of the Public Right-of-Way Accessibility Guidelines published by the U.S. Access Board. The Director of Public Works shall determine if the location of the spot repair is in a location that requires a wheelchair passing area, or if the extent of the spot repairs is such that the entire block of sidewalk should be brought into compliance with the Public Right-of-Way Accessibility Guidelines. The extra width for wheelchair passing areas shall extend toward the street unless otherwise approved by the Director of Public Works or City Engineer.
(c)
Sidewalks in commercial zoned areas shall in general extend from the building front to the back of the curb. In commercial zoned areas where buildings are set back from the right-of-way line, the sidewalk shall extend from the right-of-way line to the back of the curb.
(2)
Longitudinal grade. The grade of all sidewalks shall conform to the established grade ordinance or as established by the Director of Public Works or the City engineer and the approved plan for the street on which the sidewalk is to be constructed. Any deviation from the grade ordinance shall be approved in writing by the Director of Public Works or the City Engineer. No longitudinal grade of a sidewalk that deviates from the established grade for such walk shall exceed a maximum grade of 5.0%. When the established grade for the street is steeper than 5.0%, the grade of the sidewalk shall not exceed the grade established for the adjacent street. Any change in the longitudinal grade shall be constructed in compliance with the Public Right-of-Way Accessibility Guidelines Final Rule filed August 8, 2023, which is adopted and incorporated herein by reference, including amendments.
(3)
Transverse grade. Sidewalks shall slope from the right-of-way line toward the street in order to provide adequate drainage except when necessary to avoid severe grade disruption to existing grades of adjacent properties and authorized in writing by the Director of Public Works or the City Engineer. This slope shall not be less than 1.0% nor greater than 2.0%.
(4)
Thickness of sidewalks. In residential areas, sidewalks shall be four inches thick with the exception of driveway approach sections, which shall have a minimum thickness of six inches. Sidewalks in commercial or industrial zoned areas shall be a minimum of five inches thick and driveway sections shall be a minimum of seven inches thick. A three-inch sand or crushed gravel base shall be provided for all sidewalks.
G.
Construction of alleys. Alleys shall be paved with a three-inch layer of asphalt over a nine-inch layer of crushed aggregate base. The minimum paved width for alleys shall be 18 feet.
H.
Construction of driveways.
(1)
Width. Driveways shall have a minimum width of 16 feet at the back of curb. The maximum width shall be 36 feet at the back of curb. In general, the driveway shall be six feet narrower at the sidewalk line than at the back of curb. Exceptions for existing properties may be made at the discretion of the Director of Public Works.
(2)
Longitudinal grade. Driveways shall slope from the sidewalk to the gutter. The maximum slope for driveways shall be 10.0% as measured from the near edge of the sidewalk to the back of the gutter lip. In areas where existing sidewalks are at an elevation above the street that results in a driveway slope greater than 10%, a greater slope may be allowed as determined by the Director of Public Works.
(3)
Material and thickness of driveway approaches. Driveway approaches shall be constructed of concrete with a minimum thickness of six inches. In areas zoned for commercial, business park, or industrial use, driveways shall have a minimum thickness of seven inches. A three-inch sand or crushed gravel base shall be provided for all driveways.
(4)
Length of driveway approaches. In areas with sidewalks, the driveway approach shall extend the full distance between the back of the curb and the street side of the sidewalk. In areas without sidewalks, the driveway shall extend the lesser distance of eight feet from the back of curb, or to the right-of-way line.
(5)
Construction of driveways shall conform to the City of Sheboygan Falls Standard Specifications current edition on file with the City Administrator or their designee.
A.
All those parts of the Wisconsin Statutes affecting assessing the costs of construction of streets, alleys, sidewalks, curbs and gutters shall be incorporated herein and made a part of this action.
B.
The original cost of paving and construction of the streets, alleys, sidewalks, curbs and gutters pursuant to Wis. Stat. § 66.0703 shall be borne by the abutting property owners. The amount to be assessed against all property for the proposed work or improvement shall be apportioned among the individual parcels in the manner designated by the Common Council. Corner lots in the discretion of the Common Council may be allowed a deduction of up to 50% of the length of the street with the shortest street frontage.
C.
The cost of paving and reconstruction of an existing gravel alley shall be borne by the abutting property owners. The amount to be assessed against all property for the proposed work or improvement shall be apportioned among the individual parcels in the manner designated by the Common Council.
D.
The cost of the original construction of curb and gutter along or upon any street shall be fully borne by the property owner.
E.
The cost of installing a hard surface to any street within the City, which was a replacement to a previously existing hard surface, except as applies under § 285-4, shall be paid in full by the City, provided such prior hard surface had previously been assessed against the then-abutting property owners. "Hard surface" is defined as bituminous concrete pavement or concrete pavement.
F.
The cost of replacing sidewalks and curb and gutter adjoining any street, which is a replacement or repair of existing sidewalk, or curb and gutter, except as applies under § 285-4, shall be paid for in full by the City, provided such prior sidewalk and curb and gutter had been assessed against the then abutting property owners. If such existing sidewalk and curb and gutter had not been previously assessed against the then-abutting property owners, the cost of installing such replacement or repair of sidewalk and curb and gutter shall be assessed against the property owners pursuant to Wisconsin Statutes.
Within any subdivision where any such improvements shall not have previously been constructed and within any subdivision the preliminary or final plat for which shall hereafter be accepted by the Common Council, any improvements benefitting such subdivisions shall be constructed and installed at the full cost of the subdivider or owner of lands within such subdivision served by such improvements. Improvements shall be defined to include, but shall not be limited to, sanitary sewer mains, laterals and appurtenances; storm sewers; water mains; road grading, graveling, paving and surfacing; curb and gutter; sidewalks; lot grading; tree planting; and any similar improvements.
In accordance with the provisions of § 62.15(1), Wis. Stats., the following enumerated classes of public construction or any part thereof may be done directly by the City or any branch thereof, without submitting the same for bids: electrical transmission line and facilities.
The following ordinances establishing the grades of streets, alleys and sidewalks in the City are adopted by reference and included as part of this section as if fully set forth herein:
A.
Ordinance No. 5, 1953-54, Pinehurst Addition.
B.
Ordinance No. 3, 1957-58, River Hills Drive.
C.
Ordinance No. 1, 1959-60, Crocker Avenue.
D.
Ordinance No. 3, 1959-60, Sixth Street.
E.
Ordinance No. 1, 1961-62, Lumber Street.
F.
Ordinance No. 6, 1961-62, Giddings Subdivision and Pinehurst Addition.
G.
Ordinance No. 2, 1962-63, Bluff Avenue, Highland Heights Subdivision.
H.
Ordinance No. 11, 1963-64, Spring Street.
I.
Ordinance No. 13, 1963-64, Spring Street.
J.
Ordinance No. 1, 1963-64, Norgaard Avenue.
K.
Ordinance No. 2, 1966-67, Raymond Drive.
L.
Ordinance No. 1, 1967-68, Pinegrove Estates Subdivision.
M.
Ordinance No. 13, 1967-68, Forest Avenue and Spruce Street.
N.
Ordinance No. 1, 1968-69, Mark Avenue, David Avenue, Gregory Place and Rochester Drive.
O.
Ordinance No. 16, 1968-69, Amherst Avenue, Dartmouth Drive, Cambridge Court and Stanford Street.
P.
Ordinance No. 1, 1969-70, Samsal and Green Acres Drive.
Q.
Ordinance No. 5, 1969-70, Greenview Drive, Greenview Court, Tower Drive, Tower Court and Woodland Court.
R.
Ordinance No. 15, 1969-70, Shelley Drive and David Avenue.
S.
Ordinance No. 14, 1973-74, Leavens Avenue and Folz Court.
T.
Ordinance No. 15, 1978-79, Western Avenue.
A.
Permit required. No person shall cut or otherwise make any non-emergency opening in the paved portion of any City street without first having obtained a permit to excavate in the public right-of-way. Anyone performing emergency repairs after normal work hours or on weekends or holidays shall apply for a permit on the first regular work day following such emergency events and otherwise comply with the remaining provisions of this section. The permit to excavate in the public right-of-way shall be issued and the work done in accordance with the provisions of this section and all of the requirements of § 285-4 of this Code, except for the permit application provisions of § 285-4A.
B.
Application, issuance, and fees.
(1)
Application. The application for the permit shall contain such information as the City Administrator or their designee may require.
(2)
Fees. The permit to excavate in the public right-of-way shall not be issued to a property owner until the fees for the restoration of the paved surface of the street shall have been prepaid to the City. The applicant, or their agents, shall estimate the street opening size required to perform the proposed work and the prepayment will be based on a square footage estimate of the hole size and type of street surface. If curb and gutter removal is involved, that, likewise, shall be measured to determine the linear-foot cost of concrete replacement. The City shall determine its material and labor costs for completing the street and curb restoration on a square-foot basis and linear-foot basis respectively, and such amount shall be reviewed periodically in order to accurately reflect the costs to the City. In the event the prepaid estimates do not cover the total costs of restoration for any reason, the City shall be authorized to assess additional charges against the street opening permit holder, and if payment is not made within 30 days of billing therefor, the City is authorized to include the same as a special charge for current services on the next tax roll together with interest at a rate determined by the City, all in accordance with § 66.0627, Wis. Stats.
(3)
Issuance. Upon receipt of the fees and all application information, the City Administrator or their designee shall issue the permit to excavate in the public right-of-way, but such permit shall require a term within which the work must be completed and the expiration of such term shall result in the expiration of the permit.
C.
Construction and repairs. All street opening construction shall also conform with the following City of Sheboygan Falls Department of Public Works Technical Standards for Right-of-Way Excavation on file with the City Administrator or their designee.
D.
Restoration of sidewalk, driveway approaches, and restoration of disturbed lawn areas shall be constructed and paid for by the utility if they are the permit holder and constructed by the City and paid for by the property owner if the property owner is the permit holder.
Any person found to be in violation of any provision of this chapter or any rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Municipal Code.