Chapter 9 Public Works

Board may order. The Village Board may determine whether sidewalks or curbs and gutters may be constructed, laid, rebuilt or repaired along or upon any public street, right-of-way or highway within the Village. The Village Board may determine or change the width or grade of any street or sidewalk.

All repairs, maintenance and replacement of sidewalks shall be performed by the Village or their designated contractor.

Sidewalks which require repair or replacement as a result of damage caused by an abutting landowner or a family member, tenant or contractor thereof shall be repaired or replaced at the expense of the abutting landowner. Sidewalks shall be kept safe for pedestrian traffic by the abutting owners at all times. Abutting owners shall make damaged sidewalks safe by immediately removing damaged concrete, placing four (4) inches of compacted gravel temporarily in place and installing appropriate barricades. Abutting landowners must replace the damaged sidewalk within thirty (30) days of the time of removal or damage of the sidewalk. All other costs for routine repair, maintenance or replacement of sidewalks shall be shared equally by the abutting landowner and the Village.

All costs for repair, maintenance or replacement of sidewalks which are the responsibility of the abutting landowner may be collected by the Village in the manner set forth in § 66.0907(3), Wis. Stats.

Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village of Belleville unless he/she is under contract with the Village to do such work or has obtained a permit therefore from the Director of Public Works at least three (3) days before work is proposed to be undertaken.

Standard specifications for sidewalks. All sidewalks within the Village of Belleville hereafter shall be repaired, rebuilt and constructed in accordance with the publication "Standard Specifications for Public Works" on file in the office of the Village Clerk.

Installation of new sidewalk.

A new sidewalk may be installed along an existing public street upon the request of the abutting owners. The new sidewalk shall be continuous with any existing sidewalk. Upon Village Board approval of such request, a new sidewalk shall be installed for the entire unbroken length of land for which no sidewalk exists, including any areas where an abutting landowner has not joined in the request. One hundred percent (100%) of such work shall be paid by the Village.

The Village may provide for installation for a new sidewalk by resolution of the Village Board.

The Village Board shall have the power to authorize the construction of sidewalks directly by the Village without submitting the same for bids.

This section is not intended to apply to new developments wherein sidewalk construction is the responsibility of the developer.

Repair or replacement of defective sidewalks.

The Director of Public Works may determine that any sidewalk which is unsafe, defective, or insufficient is repaired or removed and replaced with a sidewalk in accordance with this section. The existence of any one (1) or more of the hereinafter enumerated characteristics shall determine whether a sidewalk is defective or insufficient:

A vertical differential of three quarter (3/4) inch or more between adjacent sharp-edged individual sidewalk blocks (crack in slab) and between adjacent round-edged individual sidewalk blocks (joint).

A horizontal distance of one and one quarter (1 ¼) inches between adjacent individual sidewalk blocks.

Deterioration of the surface to a vertical depth of one-half (1/2) inch or more within each individual sidewalk block.

If eighty percent (80%) of a property owner's sidewalk blocks are determined to be defective or insufficient, the entire sidewalk shall be replaced.

The Village shall be responsible for one hundred percent (100%) of the costs of repair or replacement of existing sidewalks throughout the Village with the following exceptions:

Damage caused by the abutting landowner as in Section 9.04(2).

Damage to any sidewalks which are a component of a new development whose infrastructure has not yet been accepted by the Village.

Damage to any sidewalks which are a component of a recent development that is still under warranty and/or guarantee by the developer and/or contractor.

§ 9.05 Excavations of streets, alleys, public ways, and grounds.

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.

Permit required. No person, partnership or corporation, or his or its agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ground, public sidewalk or Village-owned easement within the Village of Belleville without a permit therefore from the Director of Public Works or Village Clerk.

Application for permit. The application for a permit shall be in writing and signed by the applicant or his/her agent. The applicant shall submit to the Village Clerk or Director of Public Works, at the time the permit is applied for, sufficient information relating to the work to be done, including the general location and nature of the work and the method the applicant proposes to use in doing the work. The Village Clerk or Director of Public Works shall determine if sufficient information is submitted.

Exception. The provisions of this section shall not apply to Village excavation work done under the direction of the Village Board or Director of Public Works.

Validity of permit. Permits shall be valid for a period of thirty (30) days from the date of approval, except as provided for under Section 9.06(7) for pavement replacement.

Renewal of permit. If operations have begun under an approved permit and will continue beyond the thirty (30)-day validation period, the permittee shall apply for a thirty (30)-day permit renewal by written request to the Director of Public Works and payment of a renewal permit fee as prescribed by the Village Fee Schedule. Permit renewals shall be issued at the discretion of the Director of Public Works.

Penalty for early start. If a person or business begins work without first having received approval from the Director of Public Works or the Village Clerk, that person or business shall be charged a penalty of not less than two (2) times the permit fee.

Village standards; fees.

Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and Section 9.06(7). Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

Fee. The fee for a street opening permit shall be as prescribed in the Village Fee Schedule plus actual Village expenses. Permit fees shall be paid to the Village Clerk, who shall issue his/her receipt therefor.

Insurance required. A permit shall be issued only upon the condition that the applicant submit to the Village Clerk satisfactory written evidence that the applicant has in force and will maintain during the time the permit is in effect public liability insurance of no less than $500,000 per one (1) person, $500,000 for one (1) accident and property damage coverage of not less than $500,000.

Bond.

Before a permit for excavating or opening any street or public way may be issued, the applicant must sign a statement that he/she will indemnify and save harmless the Village of Belleville and its officers from all liability for accidents and damage caused by any of the work covered by his/her permit and that he/she will fill up and place in good and safe condition all excavations and openings made in the street and will replace and restore the pavement over any opening he/she may make as near as can be to the state and condition in which he/she found it and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Village Board for a period of one (1) year and that he/she will pay all fines or forfeitures imposed upon him/her for any violation of any rule, regulation or ordinance governing street openings or drain-laying adopted by the Village Board and 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 statement 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.

Faulty work or materials shall be immediately replaced by the permittee upon notice by the Village. Failure to correct deficiencies shall result in a one (1)-year revocation of the right to obtain a street opening permit. The Village shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus twenty percent (20%) for administration.

The person who does such restoration shall be responsible therefor for one (1) year from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the Village in an amount determined by the Village Board.

Whenever the Village Board shall find that any such work has become defective within one (1) year of the date of completion, it shall give written notice thereof to the contractor or to his/her surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Village Board to be reasonably necessary to complete said work. After receiving such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the Village for the cost of doing the work as set forth in the notice.

§ 9.06 Regulations governing excavations and openings.

An annual bond may be given under this section covering all excavation work done by the principal for one (1) year beginning January 1st, which shall be conditioned as specified above and in the amount determined by the Village Board as necessary to adequately protect the public and the Village.

Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15th and April 1st except where it is determined by the Village Board or Director of Public Works to be an emergency excavation.

Protection of public.

Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the Village Board or its designee, and in accordance with Section VI of the Manual on Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunset to sunrise. No open flame warning devices shall be used. Except by special permission from the Director of Public Works, no trench shall be excavated more than two hundred and fifty (250) feet in advance of pipe or conduit laying nor left unfilled more than five hundred (500) feet from where pipe or conduit 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 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/her employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

Unless otherwise approved, a minimum of one (1) lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his/her project. In the event that traffic is limited to less than one (1) lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.

The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Director of Public Works forty-eight (48) hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Section 9.06(8).

When the operations result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least forty-eight (48) hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Section 9.06(8).

Pavement removal.

Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the minimum possible and acceptable for the convenience and safe performance of the permittee's work and in accordance with all applicable codes and regulations.

If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within, adjacent or close to an existing patch or require more than one (1) opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Director of Public Works shall, based on on-site inspection, approximate the boundaries of the pavement replacement area.

Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the curbline or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel with or at right angles to the direction of travel.

The Director of Public Works may order the permittee to remove and replace up to one (1) full lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to ensure a full depth of concrete at the joint.

Excavation.

Prior to starting excavation work, the contractor shall first contact Digger's Hotline to determine the location of underground facilities.

All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed.

Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.

Backfilling.

All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than eight inches in their greatest dimension, frozen lumps or other material which, in the opinion of the Director of Public Works, is unsuitable.

In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the Director of Public Works, hauled in.

Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.

Mechanical compaction shall be used on all materials used for trench backfill. Each layer (twelve (12) inches maximum) shall be uniformly compacted to a dry density of at least ninety-five percent (95%) of the maximum dry density as determined by the Modified Proctor Test (ASTM-1557). Compaction or consolidation by flooding shall not be permitted.

All excavations shall be subject to testing by the Village. Backfilled material not achieving the above compaction requirements shall be removed and re-compacted by the permittee. The cost of any retesting shall be paid by the permittee.

When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.

Notice. It shall be the duty of the permittee to notify the Director of Public Works, and all public and private individuals, firms and corporations affected by the work to be done at least two (2) business days before such work is to commence. The Director of Public Works shall also be notified at least four (4) hours prior to backfilling and/or restoring the surface.

Pavement replacement.

Backfill material shall be left below the original surface to allow for four (4) inches of three (3)-inch crushed stone and four (4) inches of three-fourths (3/4)-inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted three-fourths (3/4)-inch crushed stone.

Bituminous pavement shall be placed the full depth of the existing pavement or two and a half (2 ½) inches, whichever is greater. Bituminous pavement shall be placed in a maximum of a base layer of one and a half (1 ½) inches and a one (1)-inch top layer, with each layer compacted to maximum density, and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation Gradation No. 3 for the surface course. The finished surface shall be smooth and free of surface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than a quarter (1/4) inch as measured with a ten (10)-foot straight edge.

Concrete pavement shall be placed to the full depth of the existing pavement or seven (7) inches, whichever is greater. Concrete used shall not contain calcium chloride. The surface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw cut edge. The surface shall be evenly and completely sealed with a white pigmented curing compound. The surface shall be protected from traffic for a minimum of three (3) days. Tie bars shall be installed as directed by Village officials.

In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of three (3) inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by not later than the following June 1st, except as provided above. Permanent pavements shall be replaced within sixty (60) days of the date of the permit.

Emergency excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley, easement, way or ground and his/her agents and 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 that such person, firm or corporation shall apply for an excavation permit not later than the next business day and shall notify the Village office immediately.

Excavation in new streets limited. Whenever the Village Board determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than thirty (30) days before the work of improvement or repaving shall begin. As soon as practical after such determination by the Village Board, the Village Clerk shall notify in writing each person, utility or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street that all such excavation work in such street must be completed within thirty (30) days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five (5) years after the date of improvement or repaving unless, in the opinion of the Village Board or its designee, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone and television cable lines in street terraces.

§ 9.07 Obstructions and encroachments.

Obstructions and encroachments 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 way adjoining the premises of which he/she is the owner or occupant, except as provided in Section 9.07(2) and (3).

Exceptions. The prohibition of Section 9.07(1) shall not apply to the following:

Temporary encroachments or obstructions authorized by permit under Section 9.08 of this ordinance pursuant to Section 66.0425, Wis. Stats.

Building materials for the period authorized by the Building Inspector which shall not obstruct more than half (1/2) of the sidewalk or more than one third (1/3) of the traveled portion of the street and which do not interfere with the flow in the gutters.

Excavations and openings permitted under Sections 9.05 and 9.06 of this ordinance.

Standards. Property owners may place certain fixtures on sidewalks which immediately adjoin their property if the following requirements are met:

The property must be located in an area used for commercial uses.

The fixture(s) shall not be physically attached to the sidewalk, any street fixture or any adjacent building and shall be of a temporary design.

The placement of the fixture shall not significantly impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than three (3) feet at any point.

Removal by Village of sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any Village enforcement official determines that a sidewalk is unlawfully obstructed in violation of this section, he/she shall issue a written notice to the owner or occupant of the premises which adjoins the obstructed sidewalk directing that the obstruction be removed within twenty-four (24) hours.

Removal by Village of obstruction and encroachments located in the Village streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if any Village enforcement official determines that a Village Street, alley, public grounds or land dedicated for public use is obstructed or encumbered, he/she shall issue a written notice to the property owner of the premises which adjoins the obstructed public area directing that the obstruction be removed within twenty-four (24) hours.

Failure to remove obstruction.

If the owner or occupant fails to remove the obstruction within the time period established in Section 9.07(4) or (5) respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement; any such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within ten (10) calendar days from receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

The failure of the Village Clerk to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the Village expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

§ 9.08 Street privilege permit.

When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the Village may be granted to applicants by the Village Clerk for the purpose of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided that such applicant has complied with the other requirements of this section and has obtained a building permit if required by this Code. The Village Clerk shall request advisory recommendations from the Director of Public Works, Chief of Police and/or Building Inspector prior to issuance of the permit. Village officials may attach conditions to the permit, including proof of liability insurance.

Bond. No street privilege 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 not exceeding ten thousand dollars ($10,000.00), conditioned that the applicant will indemnify and save harmless the Village from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance upon termination of the operations and 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 operations. Upon request, the Village Board may waive this requirement.

Fee. The fee for a street privilege permit shall be as prescribed in the Village Fee Schedule, plus any actual Village costs.

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, or removal of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Village Board, Director of Public Works, Chief of Police, or Building Inspector for violation thereof:

Such temporary obstruction shall cover not more than one-third (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 (4) feet in width guarded by a closed fence at least four (4) feet high on both sides may be maintained during the period of occupancy.

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.

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 street privilege permits shall automatically terminate at the end of three (3) months from the date of issuance unless an earlier termination date is specified thereon at the discretion of the Village Clerk.

Removal by Village. In addition to any other penalty imposed, the process outlined in Section 9.07(6) shall also be followed for all continued obstruction on any Village right-of-way.

§ 9.09 Snow and ice removal.

Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice within twenty-four (24) hours from the time the snow ceases to accumulate on said sidewalk. Sidewalks are to be kept clear of snow and ice to the full width of the sidewalk. This is to include all sidewalk ramps located on the corner of or mid-block connecting the sidewalk to a crosswalk. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand and/or salt to permit safe travel by pedestrians.

Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Section 9.09(1), Village law enforcement officers and other designated Village officials and employees shall take the following action:

Standard removal policies.

After twenty-four (24) hours, notice shall be given by the Police Department or other designated Village officials to the person in charge of the applicable property of the requirements of this section, including forfeiture and possible clearance of snow and ice by the Village at the owner's expense. The failure or inability of the Village to give such notice shall not prevent the Village from exercising any other rights hereunder.

After thirty-six (36) hours, the person in charge of the applicable property shall be subject to a forfeiture as provided in the Public Works Snow Removal Fee Structure and provided in Section 1.08 of this Code.

Hazardous conditions. If a Village law enforcement officer or other designated Village officials and employees determine that the failure to remove the snow and/or ice from the sidewalk creates an immediate danger to the public health and/or safety, they shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and/or ice be removed within two hours from the delivery of the notice. In the event that the property owner, occupant or person in charge of said parcel or lot is unavailable to receive a written notice, the police officer and other designated Village officials and employees shall immediately cause the removal of the snow and/or ice. The police officer and other designated Village officials and employees shall send a written notice to the last known address of the property owner notifying him/her that a hazardous condition existed which required immediate abatement.

Snow and ice not to encroach. No person shall push, shove or in any way deposit any snow or ice onto any public street, alley, sidewalk or public lands dedicated to public use except for parcels or lots located where existing buildings are constructed within five (5) feet of the street right-of-way and the sidewalks exist from the Village right-of-way to the curbline. In such instances, the owners, occupants and/or employees of parcels or lots shall be permitted to deposit snow and ice from their sidewalks onto the public streets.

Enforcement. All sworn police officers are hereby authorized and directed to enforce the provisions of this section.

Continued violations. Each twenty-four (24) hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.

Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Section 9.09(1) and (2) after receiving a written notice shall result in the Village causing the removal of said snow and/or ice.

Expense. An account of the expenses incurred by the Village to abate the snow and/or ice hazard shall be kept and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the last known address of the owner of the parcel or lot and shall be payable within ten (10) calendar days from the receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the Village Finance Director/Treasurer shall enter those charges onto the tax roll as a special tax as provided by Section 66.0907(5), Wis. Stats.

Penalty. In addition to the provisions set forth in this section, any person, firm or corporation who or which violates the provisions of this section shall be subject to a penalty as provided in Section 1.08 of this Code.

§ 9.10 Terrace areas.

Noxious weeds; paving. All that part of the terrace not covered by a sidewalk shall be kept free and clear of all noxious weeds and shall not be paved, surfaced or covered with any material which shall prevent the growth of plants, and those plants that are not a nuisance, hazard or obstruction may be placed in the terrace area. Basketball backstops, statuary, structures, flagpoles and other objects shall not be placed in the terrace area.

Responsibility to maintain. Every owner of land in the Village whose land abuts a terrace is required to maintain, or have maintained by his/her tenant, the terrace directly abutting such land as provided in this section and elsewhere in this Code. Every owner shall keep mailboxes located on the terrace free and clear of snow, and mailboxes shall be located behind the face of the curb.

Placement of mailboxes. Mailboxes are prohibited on the right-of-way of all streets within the Village of Belleville except as hereinafter provided:

Mailboxes are approved only if they are of a construction or design approved by the United States Postal Service or previously approved by the Postmaster.

Newspaper tubes are permitted only if provided by the newspaper or of a construction or design that will not present a hazard to the public use or the right-of-way. Where the newspaper tube used has not been provided by the newspaper, the Postmaster or Director of Public Works shall have the exclusive authority to approve the tube. If the Postmaster or Director of Public Works refuses to approve the newspaper tube, it must be removed.

A nameplate bearing the name and address of the mailbox owner shall be permitted on each box.

The support for the mailbox and newspaper tube shall adhere to the standards governing construction of mailbox supports as established by the Wisconsin Department of Transportation and shall not constitute a hazard to the public use of the right-of-way.

Mailboxes and newspaper tubes must be located on the side of the road required by the United States Postal Service and so that the door to the mailbox or protruding end of the newspaper tube is at least six (6) inches behind the face of the curb or, if no curb, at least one (1) foot from the paved portion of the highway.

The owner of each mailbox and/or newspaper tube shall, within twenty-four (24) hours after the end of each snowfall, remove all snow and ice which has fallen or accumulated in front of said mailbox and/or said newspaper tube and shall remove the snow for a distance of fifteen (15) feet to each side of said mailbox and/or newspaper tube.

§ 9.11 Vaults and cisterns under sidewalks prohibited.

No other object of any kind shall be attached to the mailbox, newspaper tube or their supports. No other objects, including but not limited to landscaping boulders or fences, may be placed on the right-of-way.

(h)

This Section 9.10(3) is not intended to and shall not be construed to create any affirmative duty on the part of the Village of Belleville to locate and remove obstructing mailboxes. The Village of Belleville is not liable for damage to mailboxes caused by snowplowing, street sweeping, leaf pickup, etc.

All vaults and cisterns under sidewalks shall be prohibited.

§ 9.12 Requests for improvements.

Requests or petitions by Village property owners for new streets, street resurfacing, curb and gutter, storm sewers, utility work and sidewalks shall be presented to the Village Board on or before August 1^st annually to be considered for installation in the following year.

§ 9.13 Unlawful dumping.

It shall be unlawful for any person to deposit or cause to be deposited, dump, sort, scatter or leave any rubbish, stone, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper, snow, ice, dirt, grass, leaves, construction waste, garbage or other offensive or noxious material in any public street, sidewalk, alley or upon any public property or upon any property of another, without the express permission of the owner or occupant thereof.

Prohibited acts. It shall be unlawful for any person to deposit, dump, sort, scatter, or leave any rubbish, stone, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper, snow, ice, dirt, grass, leaves, construction waste, garbage, or other offensive or noxious material upon any public street, sidewalk, alley, right-of-way, park, or other public property, or upon any private property without the express permission of the property’s owner or occupant.

Notification of violation. When unlawful dumping is observed or reported, the Village shall issue a written notice to the property owner or responsible party. The notice shall include a description of the violation, the corrective actions required, and a deadline of seventy-two (72) hours from the time of notice delivery to remove the dumped material.

Village abatement authority. If the material is not removed within the specified period, the Village may, without further notice, cause the removal of the materials. The full cost of abatement, including labor, equipment use, and disposal fees, shall be billed to the property owner.

Cost recovery and billing. All costs incurred by the Village for abatement under this section shall be payable within thirty (30) days of billing. If unpaid, such costs shall be entered on the tax roll as a special charge against the property pursuant to Wis. Stats. § 66.0627(4).

Repeat offenses. A second or subsequent violation within any twelve (12)-month period may result in an additional forfeiture and may result in immediate abatement by the Village without additional notice. The Village may also recover administrative and legal costs associated with enforcement.

Additional enforcement. This section may be enforced by any sworn police officer or designated Village official. Nothing in this section shall preclude the Village from pursuing any other remedy available at law or in equity.

Appeal. Within ten (10) calendar days of the mailing of a bill for removal costs under this section, the person may submit a written request for review or appeal to the Village Clerk. The request must state the grounds for contesting the charges and may include any supporting documentation.

Upon receipt of a timely appeal, the charges shall be temporarily stayed and the matter referred to the Village Board or its designee for review at the next regularly scheduled meeting. The reviewing authority shall issue a written decision within thirty (30) days of the meeting.

If the appeal is denied, the costs shall be payable within ten (10) calendar days of the decision. If still unpaid, the charge may be placed on the tax roll as a special assessment as described in Subsection (4).

§ 9.14 Obstruction of public ditches.

No person shall in any manner obstruct or cause to be obstructed the free passage of water in any public gutter, ditch, culvert, swale or drain or place or cause to be placed any rubbish, dirt, sand, gravel or any other matter or thing so that the same is likely to be carried by the elements into any public gutter, ditch, culvert, swale or drain.

Prohibited acts. No person shall obstruct or cause to be obstructed the free passage of water in any public gutter, ditch, culvert, swale, or drain. It is also unlawful to place or allow any rubbish, dirt, sand, gravel, or other material that may be carried into such drainage features by wind or water.

Notification of violation. Upon observation or report of a suspected obstruction, the Village shall issue a written notice to the responsible party or property owner. The notice shall describe the violation, required corrective action, and provide a deadline of seventy-two (72) hours for cleanup or removal.

Village abatement authority. If the responsible party fails to correct the violation within the specified time, the Village may proceed to remove the obstruction without further notice. All labor, equipment, and disposal costs will be billed to the property owner.

Cost recovery and billing. Abatement costs must be paid within thirty (30) days of billing. If unpaid, the amount may be added to the tax roll as a special charge pursuant to Wis. Stats. § 66.0627(4).

Repeat offenses. A second or subsequent violation within any twelve (12)-month period may result in a forfeiture and the Village may act without further notice. The Village may also recover administrative or legal enforcement costs.

Additional enforcement. This section may be enforced by any sworn police officer or designated Village official. Other remedies available by law or equity may also be pursued.

§ 9.15 Street addressing and numbering.

Buildings to Have Street numbers. Each principal building in the Village shall be assigned to an official street number by the Director of Public Works. All lots and parts of lots in the Village shall be numbered in accordance with a street numbering map on file in the office of the Village Clerk. Plats shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on the map. House numbers shall be displayed. The owner, occupant or agent in charge of the premises shall cause to be affixed and to be maintained when so affixed to each principal building controlled by him/her the official street number assigned to that building as provided in this subsection. The physical numbers provided herein shall be not less than two and one-half (2 ½) inches high on a background of not less than three (3) inches. Each required number shall be affixed on the building in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. For a building abutting on a public alley, the street number shall also be affixed in such location that it may be seen in like manner from such alley. If a building is located so that its street number cannot be easily read from the street, then such street number shall also be erected on the street edge of the property.

Building addressing system.

All names and numbers of all streets within the Village as indicated on a certain map now on file in the office of the Village Clerk, which is designated "A Street Numbering Map," are hereby confirmed as the names and numbers of the streets as indicated on such map.

All lots and parts of lots hereafter platted shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on said map.

All north and south streets in the Village of Belleville that cross Main Street are hereby renamed by adding the prefix "North" to the part thereof lying north and the prefix "South" to the part lying south of Main Street.

All east and west streets in the Village that cross Vine Street are hereby renamed by adding the prefix “East” to the part thereof lying east and the prefix “West” to the part lying west of Vine Street.

There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues and public ways in the Village, and all houses and buildings shall be numbered in accordance with the provisions of this subsection.

Main Street shall constitute the base line for numbering along all streets running north and south, and Vine Street shall constitute the base line for numbering along all streets running east and west.

The numbering for each street shall begin at the base line. The numbers within the first block shall be from one (1) to ninety-nine (99) and the numbers in each succeeding block shall increase from the base line in units of one hundred (100), namely, the first block shall be one (1) to ninety-nine (99), the second block shall be one hundred (100) to one hundred ninety-nine (199), the third block shall be two hundred (200) to two hundred ninety-nine (299), etc. There shall be assigned one hundred (100) numbers to each block, square or space that would be one block or square, if streets each way were so extended as to intersect each other, and one (1) number shall be assigned to each fifteen (15) feet of frontage. In blocks or equivalent space longer than seven hundred fifty (750) feet which is not intersected by a street, if extended, the total length of space divided by fifty (50) shall be used to determine the feet of frontage assigned to each number. Where blocks of different lengths occur on opposite sides of a street, the numbers on both sides shall be assigned based on the shorter blocks, unless the Director of Public Works otherwise shall determine.

(h)

All lots and houses on the north and west side of all streets shall be numbered with odd numbers, each commencing with the hundred assigned to that block, and shall increase from the base line, one number for each fifteen (15) feet of frontage or fraction thereof, except as provided in Section 9.15(2)(b) above. Where any building has more than one (1) door serving separate occupants, a separate number shall be assigned to each door serving a separate occupant, provided that the building is fifteen (15) feet or more in width. If the building is not fifteen (15) feet or more in width and the entrances are not that far apart, the next consecutive number shall be marked fractional. Buildings fronting on two (2) or more streets shall have a number assigned only to the main entrance, unless other entrances serve different occupants.

(i)

All streets not extending through the base line shall be assigned the same relative numbers as if said street had extended to said base line.

§ 9.16 Damage to streets, curb, and gutter.

Noncompliance. If the owner or occupant of any building neglects for twenty (20) days to duly attach and maintain the proper numbers on the building, the Village shall serve on him/her a notice requiring him/her to properly number the same, and if he/she neglects to do so for ten (10) days after service, he/she shall be subject to a forfeiture as provided in Section 1.08 of this Code.

Any damage to streets, curb or gutter caused by an abutting landowner or a contractor thereof shall be repaired at the expense of the abutting landowner. All costs incurred by the Village in performing such work may be collected in the manner set forth at Section 66.0627, Wis. Stats.

§ 9.17 Construction, repair, maintenance, and replacement of curb and gutter.

Procedure. The Village may order a curb and gutter to be constructed, repaired or replaced in the manner set forth in this section.

Initial determination. The determination that a curb and gutter construction, repair or replacement is needed shall initially be made by the Village Director of Public Works. In making such determination, the Director of Public Works shall view any existing curb and gutter to determine the extent of settling, deterioration and/or cracking and to determine the degree of vertical differential or horizontal difference between curb and gutter blocks. In cases where the Director of Public Works determines that such need exists, he or she shall recommend to the Village Board that the repair or replacement be undertaken.

New Construction. The instillation of new curb and gutter shall generally be undertaken according to the design requirements related to new development. For new installation on existing Village streets, the Director of Public Works or the Village Engineer may require new curb and gutter be installed as a component of a larger street reconstruction project or as a separate project to benefit the Village’s Stormwater program.

Performance. All repairs, maintenance and replacement of curbs and gutters shall be performed by the Village or by a designated agent of the Village.

§ 9.18 Curb and gutter specifications.

All curb and gutter within the Village of Belleville hereafter shall be repaired, rebuilt and constructed in accordance with the publication "Standard Specifications for Public Works" on file in the office of the Village Clerk or Director of Public Works.

§ 9.19 Driveway permit required.

Purpose. For the safety of the public, the Village shall determine the location, size, construction and number of access points to public roadways within the Village limits. It is the Village's intent to provide safe and suitable access to properties abutting public roadways.

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 Village of Belleville without first obtaining a permit as provided by this chapter.

Application. Application for a driveway permit shall be made to the Director of Public Works on a form provided by the Village. All driveway permit applications shall be accompanied by a drawing accurately depicting the proposed private driveway, the dimensions thereof, the distance of the driveway from abutting lot lines and street intersections, the angle of the driveway in relation to the public roadway, and a statement of the materials proposed to be used. Upon receipt of the application, the Director of Public Works shall approve such application if the proposed driveway complies with the terms and conditions of this chapter and any other applicable Village ordinance or construction standards.

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 his or her property and not for the purpose of parking or servicing vehicles, advertising, storage or merchandising of goods within the dedicated portion of the Village Street, or for any other purpose.

The Village, notwithstanding the construction of such driveway, reserves the right to make any changes, additions, repairs or relocations within the dedicated portion of the Village 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, and his or her successors and assigns, agrees to indemnify and hold harmless the Village of Belleville, 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.

§ 9.20 Driveway location, design, and construction requirements.

The Village 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 Village Street.

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 shall not provide direct ingress or egress to or from any street intersection area encompassed by the extension of all right-of-way lines at such intersection 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.

Driveway approaches shall be at least ten (10) feet apart.

Driveways shall in all cases be placed wherever possible so as not to interfere with utilities in place.

Number. The number of driveways to serve an individual property fronting on a street shall be one (1).

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 in Section 9.20(1)(f).

Drainage. The surface of the driveway connecting with rural-type 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.

Reconstruction of sidewalks, 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 manner consistent with the Village's construction standards. 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.

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 Village 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 Building Inspector determines that 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 Director of Public Works.

Relocation of utilities. Any costs of relocating public utilities shall be the responsibility of the property owner, with approval of the Director of Public Works necessary before any utility may be relocated and the driveway installed.

(h)

Construction across sidewalks. All driveway entrances and approaches which are constructed across sidewalks shall be of concrete constructed in accordance with the requirements for sidewalk construction in Section 9.04 of this Code, insofar as such requirements are applicable, including thickness requirements.

(i)

Variances. Any of the above requirements may be varied by the Building Inspector in such instances where the peculiar nature of the property or the design of the street makes rigid adherence to the above requirements impossible or impractical. No variance may be granted where doing so may endanger the safety of vehicles or pedestrians or would impair the convenience or utility of the street.

Special requirements for commercial and industrial driveways. The following regulations are applicable to driveways serving commercial or industrial establishments:

Width of drive. No part of a private driveway located within the dedicated area of a public street shall, except as hereinafter provided, have a width greater than thirty (30) feet measured at right angles to the center line of said driveway, except as increased by permissible radii. In instances where the nature of the commercial or industrial activity or the physical characteristics of the land would require a driveway of greater width than herein specified, the Building Inspector or Director of Public Works at their discretion may permit a driveway of additional width.

Angular placement of driveway. The angle between the center line of the driveway and the curbline shall be ninety degrees (90°). The Building Inspector may grant a variance permitting an angle of less that ninety degrees (90°) if necessary to prevent unnecessary hardship. The angle shall never be less than forty-five degrees (45°).

Island areas. Where the public sidewalk is adjacent to the curb, an island of a minimum length of six (6) feet measured along the curbline shall be placed between each entrance to a Village Street. The curb shall be left intact for the length of this island. Where the public sidewalk is remote from the curb, an island of a minimum length of ten (10) feet measured along the right-of-way line shall be placed between each entrance to the Village Street. All flares shall be tangent to the curbline. A curb length of not less than three (3) feet shall be left undisturbed adjacent to each property line to serve as an island area in the event that an adjoining property owner applies for a driveway permit to serve his property.

Construction standards. Driveways shall be constructed in compliance with Village sidewalk construction standards.

Location of driveways. No driveway shall be located closer to a property line than the side yard setback requirement for the property.

Special requirements for residential driveways. The following regulations are applicable to driveways serving residential property:

Width of driveways. Openings for vehicular ingress and egress shall be at least twelve (12) feet wide at the property line for residential properties but shall not exceed twenty-four (24) feet at the property line and thirty (30) feet at the curb opening.

Angular placement. The center line of the drive may be parallel to the property line of the lot where access is required or at right angles to the curbline.

Construction standards. Driveways shall be constructed in compliance with Village sidewalk construction standards.

Location of driveways. No part of a driveway shall be located closer than three (3) feet to a property line.

§ 9.21 Appeal driveway permit denial.

Denial of a driveway permit may be appealed to the Public Works & Properties Committee within twenty (20) days after such denial.

§ 9.22 Prohibited driveways.

No person, firm or corporation shall place or caused to be placed any obstruction or structure within the limits of any public road, highway or street except as permitted by this chapter. As used herein the word "structure" includes private driveways, a portion of which extends into any public road, highway or street.

No nonresidential driveway shall be located closer to a property line than the side yard setback requirement for that property.

No driveway shall be closer than ten (10) feet to any extended right-of-way line at an intersection. At street intersections a driveway shall not provide direct ingress or egress to or from the street intersection area encompassed by the extension of all right-of-way lines at such intersections and shall not occupy areas of the roadway deemed necessary by the Village 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 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 so 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.

§ 9.23 Culverts.

Size. Culverts shall be installed prior to construction work being commenced on the property served. No pipe smaller than twelve (12) inches in diameter (or equivalent elliptical or arch pipe) will be allowed. All culverts shall be constructed of galvanized steel or reinforced concrete and shall be made of new manufacture, unless specifically excepted by the Director of Public Works or Village Engineer.

Gauge.

The minimum wall thickness for the galvanized steel pipe culverts shall be in accordance with the following:

Pipe Diameter (inches)	Gauge
15 to 24	16
30 to 36	14
42 to 54	12
60 to 72	10
78 to 84	8

The class of reinforced concrete pipe shall be in accordance with the following:

Height of Cover (feet)	Class of Pipe
0 to 2	IV
2 to 3	III
3 to 6	II

Drainage. The culverts shall be placed in the ditch line at elevations that will assure proper drainage.

End walls. Culverts shall be provided with concrete or metal apron end walls as directed by the Village Engineer.

Backfill material. Material used for backfilling shall be of quantity acceptable to the Village Engineer or Director of Public Works and shall be free from frozen lumps, wood, or other extraneous or perishable materials. The minimum cover, measured from the top of the pipe to the top of the subgrade, shall be six (6) inches.

Erosion control. Erosion control measures shall be implemented as necessary to control erosion, or as directed by the Village Engineer or Director of Public Works.

Distance. The distance between culverts under successive driveways shall not be less than ten (10) feet except as such restricted area is permitted to be filled pursuant to Section 9.21(1).

Cost. The property owner shall install the culvert and be responsible for the cost thereof. The property owner shall keep his culverts unobstructed and clean.

Appeal. Persons may request a variance from the culvert requirements of this section by filing a written request with the Village Clerk, who shall place the matter as an agenda item for the Public Works & Properties Committee’s next meeting. The Public Works & Properties Committee may only waive the requirement for a culvert upon a finding that unique physical characteristics of the location in question render a culvert unnecessary. The Village Engineer or Director of Public Works may be asked to render an opinion on the request. A person aggrieved by the Public Works & Properties Committee’s decision may appeal to the Village Board by filing a written notice of appeal with the Village Clerk within twenty (20) days after the Public Works and Properties Committee makes its final decision.

§ 9.24 Grading.

General provisions. This ordinance is adopted under the authority granted by Sections 61.34 and 61.354 and Chapter 236, Wis. Stats., and general home rule powers.

The provisions of this section are deemed not to limit any other lawful regulatory powers of the Village Board.

The Village Board hereby authorizes the Village Engineer, or the Village Engineer’s designee to oversee the administration and enforcement of the provisions of this section.

The requirements of this ordinance are not intended to conflict with or limit any additional requirements of this Code, any other federal, state or local laws, stormwater permits issued by the Wisconsin Department of Natural Resources under Section 283.33, Wis. Stats., or the Uniform Dwelling Code found in Chapters SPS 320 to SPS 325, Wis. Adm. Code. In the event that there may be multiple or conflicting requirements or regulations, the more restrictive requirements shall apply consistently with promoting the purposes of this section.

Findings and purpose.

Findings of fact. The Village Board finds that proper site grading must be evaluated in a context broader than site by site and is essential to maintain proper stormwater management and drainage planning, the protection of water resources and the promotion of health, safety, and general welfare of the community. Specifically, improper site grading results in the misdirection of stormwater runoff which can:

Divert stormwater runoff away from appropriate control structures, such as detention or retention basins, drainageways, ditches or sewers, resulting in uncontrolled stormwater runoff which can contribute to the deleterious stormwater effects as listed in Section 14.02(1) of this Code which are incorporated herein by reference.

Direct stormwater runoff onto an adjoining landowner's property, resulting in decreased property values and enjoyment of the use of that property.

Create and/or exacerbate flooding and erosion control problems that the cumulative impacts of improper grading on specific sites can cause for an entire drainage area.

Conflict with surface water drainage planning for a larger area such as a subdivision, neighborhood or drainage basin.

Diminish the overall effectiveness of public stormwater management planning and facilities in the Village.

Purpose. The general purpose of this ordinance is to set forth grading requirements and encourage compliance with approved grading plans to protect property values, promote proper area-wide drainage patterns, maintain the effectiveness of public stormwater management planning and facilities in the Village, and diminish threats to public health, safety, welfare, and the aquatic environment due to changes in stormwater drainage patterns resulting from substantial grading activities.

Applicability and exceptions.

Applicability. This ordinance applies to any substantial grading activities, subsequent to the completion of all the grading required pursuant to Chapter 15 of this Code, on any lands for which plats and/or certified survey maps are approved after the effective date of this ordinance, unless otherwise specifically exempted as provided below.

Exceptions. This ordinance applies to all substantial grading activities undertaken on platted lands within the boundaries of the Village unless one of the following exceptions applies:

Grading associated with agricultural activities shall not be subject to the requirements of this chapter.

If the substantial grading activity solely involves the planting of trees and/or other vegetation, the construction of flowerbeds, or the use or installation of other landscaping items or practices, the Building Inspector may waive the permit requirement if the proposed activity does not threaten to undermine the purposes of this ordinance set forth in Section 9.24(2).

The Village Engineer is responsible for the administration of this ordinance but may delegate to other Village Officers certain responsibilities as necessary.

Grading permit.

Permit required. No landowner or other person may undertake a substantial grading activity subject to this ordinance without receiving a grading permit from the Village Engineer prior to commencing the proposed activity.

Permit application and fee. Any landowner or landowner's agent desiring a grading permit shall first submit a completed grading permit application. A permit application must include the following to be considered complete:

A signed and completed application form as provided by the Village.

A grading plan in accordance with Section 9.24(5).

A performance security deposit pursuant to Section 9.24(6).

A non-refundable application fee as provided in Section 9.24(7).

Review and approval of permit application. Within thirty (30) calendar days of the receipt of a completed grading permit application, including all items as required by Section 9.24(4)(b), the Village Engineer shall inform the applicant whether the application and grading plan are approved or disapproved, with or without conditions, based upon the requirements set forth in Section 9.24(5).

If the application and plan are approved, the Village Engineer shall issue the permit, with or without conditions. Any conditions of approval shall be written on the permit.

If the application and plan are disapproved, the Village Engineer shall state the reasons for disapproval in writing. The applicant may revise the plan and submit additional information or may appeal the decision of the Village Engineer as provided in Section 9.24(9).

If additional information is submitted, the Village Engineer shall have thirty (30) business days from the date additional information is received to inform the applicant that the plan is either approved or denied.

General permit conditions. All permits issued under this ordinance are subject to the specific permit conditions attached as a condition of approval under Section 9.24(4)(c) as well as the general conditions set forth below. The following general conditions are hereby deemed to be incorporated into all grading permits, whether expressly stated on the permit itself:

Compliance with the permit does not relieve the permit holder of the responsibility to comply with other applicable federal, state and local laws and regulations.

The permit holder shall perform all substantial grading in accordance with the approved grading plan and shall comply with all the terms and conditions of the permit.

If work on the substantial grading activity does not commence within sixty (60) days of permit issuance, the permit holder shall notify the Village Engineer at least two (2) business days before commencing any work in conjunction with the grading plan. The permit holder shall notify the Village Engineer within five (5) business days upon completion of site stabilization. The permit holder shall permit property access to representatives of the Village for the purpose of inspecting the property for compliance with the approved grading plan and this permit.

Completed grading practices must be in accordance with the approved grading plan, permit, and ordinances. The permit holder is required to submit a certificate of completion on a form provided by the Village which certifies the completion of site stabilization and of the permitted work all in accordance with the approved grading plan and permit. This certificate must be signed by the permit holder.

The permit holder shall not implement any modifications to the approved grading plan without first submitting a written request for modification and receiving written approval from the Village Engineer. All such modifications shall be reviewed under the same standards as the original grading plan and may require updated elevations, drainage impact analysis, and additional inspections.

If the permit holder fails to fully comply with the terms and conditions of the permit, the Village shall provide the permit holder with written notice of noncompliance via certified mail. If the permit holder fails to remedy the situation to the satisfaction of the Village Engineer within thirty (30) days following the receipt of the notice of non-compliance, by acceptance of the permit the permit holder authorizes the Village Engineer to enter onto the site to perform any work or operations necessary to bring grading measures into conformance with the approved grading plan. The permit holder further consents to a special charge against the property as authorized under Section 66.0627, Wis. Stats., and/or, at the Village's option, to charging such costs against the deposit posted under Section 9.24(7).

Permit duration. Permits issued under this section shall be valid from the date of issuance as noted thereon and continue for one (1) year thereafter. All work, including submitting the certification of compliance, shall be completed by this date, unless the permittee obtains a written extension from the Village Engineer.

Grading plan.

Plan requirements. The grading plan required under Section 9.24(4)(b) shall contain, at a minimum, the following information:

Lot corner elevations.

Mid lot elevations.

Lowest foundation opening or floor elevation exposed to surface water intrusion.

Any other information requested by the Village Engineer.

Previously approved plan. If a grading plan for the site, such as a subdivision grading plan, has already been approved by the Village as part of another approval process, the applicant may submit that existing plan for review to determine whether it fulfills the requirements of this ordinance.

Grading plan standards. All grading plans approved by the Village will comply with the following standards:

All grading plans must comply with any approved grading plan (such as a subdivision grading plan) applicable to the area subject to the substantial grading activities.

Minimum ground slopes from lower-level exposures shall be a minimum of two-percent (2%) slope away from the building and/or the lowest foundation opening or floor elevation exposed to surface water intrusion shall be a minimum of twenty-four (24) inches above any regional and localized flooding, unless the applicant proposes and implements a reasonable engineering practice designed to mitigate the effects of altered drainage following a substantial drainage activity.

Village to provide datums and benchmarks. The Village will provide benchmarks and datums wherever reasonably required.

Performance bond. The applicant for a grading permit shall provide a performance bond in an amount to be determined by the Village Engineer and payable to the Village prior to the issuance of the grading permit. The purpose of the bond is to ensure that the terms and conditions of the grading permit are satisfactorily performed. The required bond amount may be reduced or waived in its entirety after either of the following events occurs:

The Village receives a certificate of completion signed by the permit holder, as required by Section 9.24(4)(d)4 certifying that the grading plan has been fully complied with and implemented, and that site stabilization has been achieved; or

The responsibility for compliance with the grading plan has been assigned to and assumed by another entity or person via written assignment on a form provided by the Village and a new deposit has been made by the successor or assignee to replace the initial deposit.

Application fee. An applicant wishing to undertake a substantial grading activity subject to this ordinance shall pay an application fee at the time of submission of the application in accordance with a fee schedule as periodically approved by Resolution of the Village Board. The applicant shall also sign a reimbursement agreement provided by the Village at time of application to ensure that any and all expenses incurred by the Village for the review of their application are reimbursed by the applicant as a condition of their approval.

Enforcement, violations and penalties. If any violations or noncompliance with the requirements of this chapter occurs, all the enforcement and penalty provisions of Section 14.10 are available to the Village and are incorporated herein by reference. In addition, when the Village Engineer determines that the permit holder has failed to follow practices set forth in the permit and/or approved grading plan, the Village Engineer may enter upon the land and perform the work or other operations necessary to obtain compliance. The Village Engineer shall keep a detailed account of the direct and indirect costs and expenses incurred in performing such work. These costs and expenses will be billed to the permit holder and may be drawn from the performance bond if left unpaid. Where such performance bond is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property pursuant to Section 66.0627, Wis. Stats., and collected with any other taxes levied thereon for the year in which the work is completed.

Appeals.

Public Works and Properties Committee. The Public Works & Properties Committee created under Section 3.08 of this Code pursuant to Section 62.23(7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Engineer of Director of Public Works in administering this ordinance. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals.

Variances. The Public Works & Properties Committee may authorize variances from the provisions of this ordinance which are not contrary to the public interest and where owing to special conditions a literal enforcement of this ordinance will result in unnecessary hardship.

§ 9.25 Refuse, recycling and waste management.

Who may appeal. Appeals to the Public Works & Properties Committee may be taken by any aggrieved person or by any officer, department, or committee of the Village affected by any decision hereunder.

General provisions.

Statutory authority. This ordinance is adopted as authorized under Section 287.09(3)(b), Wis. Stats.

Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this ordinance may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this ordinance is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.

Mandatory recycling and separation of recyclables.

Applicability. This ordinance shall apply to all persons, entities and appropriate waste-generating activities within the limits of the Village of Belleville, including but not limited to all waste generated by all residential and commercial activities. No person shall mix with non-recyclables for collection by the Village's authorized collector any material except recyclable material and only in such manner as set forth herein. This ordinance shall apply to each owner or occupant of any business, industry, place of commerce or other place providing goods or services of any kind and to each owner or occupant of any single-family residence, two (2) family residence or multi-family dwelling unit and to all other covered activities within the corporate limits of the Village of Belleville.

Separation required. Occupants of single-family and two (2)- to four (4)-unit residences, multifamily dwellings and non-residential facilities and properties shall separate the following materials from post-consumer waste:

Lead acid batteries.

Waste oil.

Aluminum cans.

Bimetal containers.

Corrugated cardboard.

Foam polystyrene.

Container glass.

Mixed papers.

Newspapers.

10.

Plastic Nos. 1 and 2.

11.

Plastic Nos. 3 to 7.

12.

Steel (tin containers).

Major appliances.

Waste tires.

Yard waste.

Office paper.

Changes in requirements. The Village of Belleville reserves the right to designate additional solid waste materials as recyclable or currently collected materials as no longer recyclable in accordance with state law and to either add or delete them from any collection services provided by the Village or its contractors. The Village of Belleville shall provide written notice to service recipients of this declaration.

Curbside recyclable materials. The following materials shall be placed in the receptacle provided by the Village refuse & recycling hauler for recycling and deposited curbside for pickup:

Material	Handle as Follows
Aluminum containers	Curbside
Bimetal containers	Curbside
Corrugated paper or other container board	Curbside
Glass containers	Curbside
Magazines and other materials printed on similar paper	Curbside
Newspaper and other materials printed on newsprint	Curbside
Rigid plastic containers, including those made of PETE, C (No. 1) and HDPE (No. 2)	Curbside
Rigid plastic containers, including those made of PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and other resins or multiple resins (No. 7)	Curbside
Steel containers	Curbside

Separation of recycling materials. Occupants of single-family and two (2)- to four (4)-unit residences, multifamily dwellings and non-residential facilities and properties shall separate the following materials from postconsumer waste unless a variance has been issued by the Wisconsin Department of Natural Resources:

Plastic containers or bottles made of PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and mixed or other plastic resin types (No. 7).

Separation requirements exempted. The separation requirements of this section do not apply to the following:

Occupants of single-family and two (2)- to four (4)-unit residences, multifamily dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in this section from solid waste in as pure a form as is technically feasible.

Solid waste which is burned as a supplemental fuel at a facility if less than thirty percent (30%) of the heat input to the facility is derived from the solid waste burned as supplemental fuel.

A recyclable material specified in this section for which a variance has been granted by the Department of Natural Resources under Section 287.07(7)(d) or 287.11(2m), Wis. Stats., or Section NR 544.14, Wis. Adm. Code.

Care of recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with this section shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.

Preparation of recyclable materials for collection.

Recycling requirements. All recyclable materials shall be separated from other non-recyclable garbage and refuse. All recyclable materials shall be well drained and clean. Recycling bins provided by the Village shall be used. No containers shall exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight when full. Glass, ferrous metal cans, aluminum cans and plastics may all be combined and placed in recycling bins provided by the Village’s contracted refuse & recycling hauler. Recyclable materials shall consist of:

Glass. Brown glass, green glass and clear glass shall be empty, rinsed, clean, unbroken, and have metal covers and caps removed.

Cans. All aluminum, tin, steel, copper and other ferrous metal cans shall be empty, rinsed and have labels removed (with ends removed and flattened where possible), except that aerosol, paint and oil cans may not be recycled.

Plastic containers. Plastic containers shall be rinsed. Plastic containers with handles left for collection by the Village's contracted refuse & recycling hauler shall not be tied together and should be placed in the recycling bin receptacle provided by the hauler.

Corrugated cardboard and other cardboard. Corrugated cardboard shall be flattened, empty and free of food debris.

Aluminum. All products made of aluminum, including aluminum cans, foil, wrappers, pie pans, and containers for prepared dinners or other foods, screen frames, and lawn chairs, shall be cleaned.

Additional materials/standards. Additional preparation standards may be provided by notice to generators of waste and collectors/haulers or by amendment to this subsection when other materials become recyclable, dependent upon available economic markets.

Containers at multifamily dwellings. Owners of multifamily dwellings shall provide containers for the disposal of recyclable materials in one (1) of the following ways:

Containers for each unit. Two (2) separate containers, one (1) for corrugated cardboard bundles and newspaper bundles and one (1) for glass, aluminum and ferrous cans and plastic materials, shall be provided for each dwelling unit.

Containers for common use. At least two (2) separate and adequately sized containers, one (1) for corrugated cardboard bundles and newspaper bundles and one (1) for other recyclable materials, shall be provided for the common use of all residents of the multifamily dwelling.

Cleanliness; multifamily units. The containers must be clearly designated and marked and maintained in a clean and safe condition. The owners of multifamily dwellings shall notify residents at the time they first occupy the unit and on a semiannual basis thereafter that recyclable materials must be placed in the containers provided. The owners of multifamily dwellings shall take steps as necessary to assure that their residents comply with the recycling requirements of this ordinance.

Containers at commercial, retail, industrial, institutional and governmental facilities. The owners of commercial, retail, industrial, institutional and governmental facilities shall provide adequately sized and marked containers for the separate disposal of recyclable materials. At least annually the owners shall notify all occupants, employees, agents, patrons, customers or other users of the facilities of the Village and county recycling requirements.

Non-recyclable materials designated:

Glass. All Pyrex® glass, window glass, light bulbs, ceramics, mirrors, broken glass and china shall be considered nonrecyclable.

Plastics. Plastic wraps, foam egg cartons, melamine-type plastics, and all forms of polystyrene foam shall not be placed with recyclable material but shall be disposed of in the manner prescribed for other nonrecyclable refuse.

Tires. Tires as defined in Chapter 25.

Motor oil.

Other materials. All other garbage and refuse not qualifying as recyclable materials.

Newsprint recycling.

No person in the Village of Belleville shall dispose of newsprint with nonrecyclable refuse, except for such newsprint rendered unfit for recycling. This subsection shall apply to all persons, governmental operations and business, commercial, retail and industrial enterprises however organized and of whatever type, if such refuse is to be deposited in a DNR-approved landfill.

All garbage, refuse and other non-recyclable materials shall be collected, removed and disposed of pursuant to the Village's agreement with the refuse & recycling hauler or persons' private agreements with collectors/haulers. Newsprint and other recyclables placed for recycling shall become the property of the Village of Belleville or its authorized hauler.

Collection and handling of yard waste.

Yard waste. No person shall place yard waste out for collection by the collector. Yard waste will not be picked up by the collector. Owners and occupants of all properties shall be responsible for and shall provide for the disposal of yard waste from their properties. Such private disposal may include, but is not limited to, composting on the lot or disposal at the community compost site located at the Village's wastewater treatment plant. Disposal must be in accordance with rules and times established by the Director of Public Works.

Brush. Brush and small tree branches may be placed at the curb on the first and third Monday mornings for collection by the Village. Brush may be no wider than six (6) inches in diameter nor longer or heavier than any one person can load. Disposal must be in accordance with rules and times established by the Director of Public Works.

Mandatory chipping of brush and wood materials.

No person in the Village shall dispose of brush, tree branches or other wood materials with refuse that is to be deposited in any DNR-approved landfill unless such material has been reduced and processed by chipping. This subsection shall apply to all persons and entities who or which, directly or through the services of the Village or another third party, dispose of solid wastes at any DNR-approved landfill and includes all persons, governmental operations and business, commercial, retail and industrial enterprises however organized and of whatever type. All other persons (nonresidential), subject to this subsection as DNR-approved landfill users, shall facilitate and provide for chipping of brush and wood materials.

All chipped material shall be placed for collection on a date and in such manner as established by the Director of Public Works.

All chipped material placed for collection shall become the property of the Village or its collection agent.

Non-disposable materials.

It shall be unlawful for any person to place for regular collection any of the following wastes:

Materials that do not comply with one (1) or more of the requirements of this ordinance or do not comply with rules or standards established by the Director of Public Works.

Yard waste.

Hazardous waste.

Toxic waste.

Chemicals.

Explosives or ammunition.

Drain or waste oil or flammable liquids.

Large quantities of paint.

Dead animals.

Trees or stumps.

Gravel or concrete.

Construction debris.

Animal or human waste.

14.

White goods.

15.

Hot ashes (ashes that are fully extinguished and dry may be left for collection in noncombustible containers).

16.

Tires.

17.

Holiday trees.

18.

Bedding and furniture.

The aforementioned materials shall be disposed of in the manner prescribed by federal or state laws or as provided for herein.

Materials that the Village refuse & recycling hauler will dispose of for a separate fee may be disposed of by special arrangement between the waste generator and said Village refuse & recycling hauler.

Household sharp medical waste.

Household sharp medical waste shall not be deposited in any other place or manner in the Village of Belleville than as hereinafter provided.

Acceptable means of disposing of household sharp medical waste include:

Disposal in an approved medical waste box, such as a sharps container; or

Disposal in a heavy plastic container, such as a laundry soap bottle, provided that the lid is permanently affixed thereto using tape or another means, and the container is marked "Medical Waste: Do Not Open."

Collector to refuse pickup of nonconforming household sharp medical waste. The Village's refuse & recycling hauler shall refuse to pick up any solid waste or recyclables containing household sharp medical waste not separately contained and prepared as provided in this section.

(10)

Demolition waste and building materials. All demolition waste resulting from remodeling, construction, or removal of a building, roadway, or sidewalk shall be disposed of by the owner, builder, or contractor. Building materials of any kind will not be disposed of by the Village.

(11)

Alteration of recyclable materials. It shall be unlawful to intentionally alter recyclable materials to render them as nonrecyclable material.

(12)

Collection of refuse; placement for collection.

Placement for collection.

Residential solid waste shall be accessible to collection crews. Residential solid waste in approved containers shall be placed immediately behind the curb of the public street for collection or containers shall be placed immediately adjacent to the alley if premises abut on an alley. Collection crews will not collect residential solid waste unless it is placed at the curb of a public street. Residential units shall bring their solid waste to the terrace adjacent to the street curb for collection. Should collection crews be unable to discharge contents of garbage cans into collection vehicles using normal handling procedures, the cans, including contents, will be left at curbside. The owner shall make provisions to assure that the solid waste therein can be collected on the next collection day. Collection crews will not empty garbage cans by means other than dumping.

No garbage containers or other containers for refuse other than those of the Village shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, that the Village Board may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for the expeditious collection and disposition of refuse.

Restriction on time of placement.

Receptacles and containers for refuse and rubbish shall be placed in collection locations as designated in Section 9.25(12)(a) above prior to 7:00 a.m. of the scheduled collection day, but not more than twenty-four (24) hours prior to such time.

All receptacles, bags and containers for refuse and garbage disposal shall be removed from the curbside collection point within twenty-four (24) hours after the regular collection time.

Village employees or employees of licensed collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.

Special collections. Special collections may be made if ordered by the Director of Public Works or Village Board and will be billed to the owner.

Collection schedule, standards and locations. The Director of Public Works shall annually establish a schedule for waste collection with the Village refuse & recycling hauler. The refuse & recycling hauler may vary from or modify the schedule at any time as necessary with prior approval from the Director of Public Works or Village Board. The Village Clerk shall publish the collection schedule annually and, in addition, at any time when the collection schedule is modified.

(13)

Title to materials placed for collection; anti-scavenging provision.

In the absence of an agreement to the contrary, title to the refuse and recyclable material placed for collection and disposal by the Village or its agents shall vest in the Village of Belleville as soon as it is placed for collection. It shall be a violation of this ordinance for any person unauthorized by the Village to collect or pick up, or cause to be collected or picked up, any recyclable materials that are placed for disposal by the Village or by any authorized agent. Any such and each such unauthorized collection of recyclable materials in violation hereof shall constitute a separate and distinct offense punishable as provided for herein.

Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection unless good faith applies. Only persons authorized by the Village, or the generator of waste shall collect or handle recyclable materials once those materials have been placed appropriately for collection. Any and each collection by unauthorized persons in violation of this provision shall constitute a separate and distinct offense punishable as provided hereinafter. Nothing herein shall be construed to allow for scavenging, removal, transportation, or resorting of refuse which has been placed for disposal under this ordinance. Any such scavenging or separation of refuse that has been placed for disposal by the producer of said refuse shall be deemed a violation of this ordinance.

This ordinance shall not prohibit the actual producers of recyclable materials or the owners of residential units or nonresidential units upon which recyclable materials have been accumulated from personally collecting, conveying, and disposing of recyclable materials, provided that such producers or owners do not violate the intent of this ordinance.

(14)

Seasonal disposal of holiday trees.

Purpose. This subsection is established to provide residents with a lawful and practical means of disposing of natural holiday trees in an environmentally responsible manner following the holiday season.

Curbside collection. The Village shall provide a designated period during the month of January for the curbside collection of natural (non-artificial) Christmas trees.

Preparation for collection. Residents shall remove all decorations, lights, tinsel, and stands prior to placing trees at the curb. Trees shall not be bagged or bundled. Failure to properly prepare trees may result in non-collection.

Drop-off site. In addition to curbside collection, the Village may designate a drop-off site for holiday tree disposal.

Prohibited practices. Artificial trees, wreaths with wire frames, flocked trees, and trees containing plastic, metal, or other non-compostable materials shall not be accepted through this program and must be disposed of as regular refuse or as otherwise directed.

(15)

Garbage accumulation; declaration of nuisance. The accumulation or deposit of garbage, trash, or putrescible animal or vegetable matter in or upon any lot or land or any public or private place within the Village which causes the air or environment to become noxious or offensive or to be in such a condition as to promote the breeding of flies, mosquitoes, or other insects, or to provide a habitat or breeding place for rodents or animals, or which otherwise becomes injurious to the public health, is prohibited and declared to constitute a nuisance. Refuse areas shall be kept in a nuisance-and odor-free condition. Refuse shall not be allowed to accumulate. Violation will result in the occupant and/or owner being notified to clean up his or her area, with continued violations resulting in the owner being prosecuted under provisions of this ordinance and other Village ordinances.

(16)

Improper placement.

No persons shall deposit, throw, or place any garbage, offal, dead animals, combustible refuse or other deleterious matter in any park, lane, alley, street, public grounds, or public place within the Village or place any garbage, offal, dead animals or other refuse matter upon any private property not owned by such person without such person's consent. If not deemed non-collectible, these materials may be placed for collection on the owner's property if the same are enclosed in proper vessels or containers which shall be watertight and kept so with tightly fitting covers.

No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his or her own any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered to prevent the same from becoming a public nuisance.

(17)

Interference with authorized collector. No person other than an authorized collector shall collect or interfere with any waste after it shall have been put into a garbage receptacle and deposited in the proper place for the collector, nor shall any unauthorized person molest, hinder, delay or in any manner interfere with any authorized refuse & recycling collector/hauler in the discharge of his or her duties.

(18)

Other prohibited practices. No person, persons or other entity generating waste within the Village shall do any of the following:

Deposit or cause to be deposited any recyclable material at any authorized collection point when the site is closed or not operating.

Deposit or cause to be deposited any waste material, whether recyclable or not, in or upon any public street, public waters, or public grounds in the Village except at authorized locations within appropriate packaging or placed into appropriate containers during specifically authorized collections if any are provided.

Deposit or cause to be deposited any recyclable materials in any container not specifically intended for the collection of that type or group of recyclable material.

Deposit or cause to be deposited any non-recyclable material in any container specifically intended for the collection or deposit of recyclable material.

Mix or permit intermixing of recyclable and nonrecyclable materials intended for collection by a collector/hauler or intended to be processed at a material recycling facility.

(19)

Contracting with refuse and recycling hauler.

The Village may find that the purposes of this ordinance will be better served by limiting collection of waste activities to a minimum and to that end the Village will contract with an independent contractor to provide refuse & recycling collection services in accordance with this ordinance. If any person needs a service in excess of that provided by such collector/hauler pursuant to the collection contract with the Village, such person is free to contract, at such person's cost, for such additional services as may be required or desired.

The Village Board shall be authorized, if it so determines, to place the pro rata cost of such refuse & recycling collector/hauler's fee for such services on the tax bill for the real property from which such waste is generated. Said amount shall be placed on the tax bill for each year in arrears of such services and when so placed shall have the same force and effect as real estate taxes and shall be paid in the same manner as real estate taxes.

The Village and the collector/hauler shall establish pickup times for the collection of collectible wastes.

(20)

Condominiums. Each condominium association in the Village shall be responsible for establishing compliance with this ordinance by the owner of each condominium unit and shall submit its plan for compliance to the Village for approval and shall submit for approval of the Village any changes in such plan. Such plan may provide for the purposes of this ordinance. Each condominium unit shall be treated the same as a single residential dwelling or the entire condominium shall be treated for such purposes as a multifamily dwelling (Section 9.25(3)(b)). In approving such a plan, the Village shall consider which plan under the circumstances would better promote the purpose of this ordinance.

(21)

Commercial, industrial, and governmental facilities. The owners of commercial, retail, industrial and governmental facilities shall provide adequate separate containers for the disposal of recyclable materials as defined herein and shall regularly notify all users of said premises of such facilities, including employees, agents and customers, and of county and municipal recycling requirements.

(22)

Agricultural operations. Nothing in this ordinance is intended to apply to the disposal of or the accumulation of agricultural or farm wastes, products or feed accumulated upon property used in the ordinary course of farming.

(23)

Federal and state regulations. It is expected that from time to time federal and state statutes and regulations will require that items other than the items which have been deemed to be recyclable herein shall be recycled. In such event, this ordinance shall be deemed to include and shall require such other items to be recyclable hereunder.

(24)

Responsibilities of owners or designated agents of nonresidential facilities and properties.

Owners or designated agents of nonresidential facilities and properties shall do all the following to recycle the materials specified in Section 9.25(4) and (5):

Provide containers for recyclable materials.

Notify in writing, at least annually, all users, tenants and occupants of the properties about the established recycling program.

Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.

The requirements specified in Section 9.25(24)(a) do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 9.25(4) and (5) from solid waste in as pure a form as is technically feasible.

(25)

Responsibilities of owners or designated agents of multifamily dwellings.

Owners or designated agents of multifamily dwellings shall do all the following to recycle aluminum cans, container glass, corrugated cardboard, mixed papers, newspapers, and No. 1 and No. 2 plastic and bimetal containers:

Provide adequate, separate containers for the recyclable materials.

Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.

Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.

Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.

The requirements specified in Section 9.25(25)(a) do not apply to the owners or designated agents of multifamily dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 9.25(25)(a) from solid waste in as pure a form as is technically feasible.

(26)

Prohibited disposal of recyclable materials. No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in Section 9.25(4) and (5) which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.

(27)

Garbage from outside municipality. It shall be unlawful to bring refuse for disposal (and recyclables) from outside the corporate limits into the Village unless authorized by agreement with the Village Board.

(28)

Enforcement; violations and penalties.

Inspections; citation.

Any authorized officer, employee or representative of the Village of Belleville may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multifamily dwellings and nonresidential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities, for the purpose of ascertaining compliance with the provisions of this ordinance. No person may refuse access to any authorized officer, employee or authorized representative of the Village of Belleville who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

Any person who violates a provision of this ordinance may be issued a citation by a the Village. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.

Any person who shall violate any of the provisions of this ordinance shall be subject to a penalty which shall be as follows:

First offense. Any person found in violation of any provision of this ordinance as a first offender shall receive a warning notice requiring compliance and may be subject to having refuse in violation of the provisions herein not collected.

Second and subsequent offenses. Any person found guilty of violating any part of this ordinance who has previously been notified of being in violation or has been convicted of violating the same ordinance within one (1) year shall, upon conviction thereof, be subject to a forfeiture as provided in Section 1.08 of this Code.

Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this ordinance shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this ordinance.

(29)

Special collections to remove violations. If any entity, including those receiving collection from a private firm, is found in violation of the collection and storage requirements of this ordinance and fails to comply with a notification and/or citation, the Village Board or its designee shall be empowered to order a special collection to remove such violation. The person shall be notified of such special collection and the charges therefore. The special collection shall be made, and if billing plus an hourly rate as prescribed in the Village Fee Schedule is unpaid, the bill shall be considered a lien on the property and shall be placed on the tax bill. A person shall not use the special collection provision of this ordinance to circumvent requirements for collection by a private firm.

(30)

Authority of the Director of Public Works.

The Director of Public Works shall be responsible for the initial enforcement of this ordinance.

The Director of Public Works shall prepare rules and standards as necessary for the implementation of this ordinance.

From time to time, as appropriate, the Director of Public Works shall prepare and distribute information to the Village residents regarding recycling or the requirements of this ordinance.

The Director of Public Works shall prepare at least annually a report to the Village President and Board addressing compliance and enforcement activities under this ordinance.

(31)

Construal of provisions; severability. The provisions of this ordinance shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes or pertinent county ordinances in their interpretation and application. Because this ordinance creates a comprehensive, mandatory source separation recycling program in our community, any terms or requirements or interpretations consistent with state and county law shall control. If any provision of this ordinance is found to be invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provisions or applications.

§ 9.26 Blasting and rock crushing.

Manner of operation. No person within the Village shall operate a rock crusher or perform blasting in such a manner so that any dust, dirt or vibration from such operation shall, in any way, damage or injure any person or property within the Village. All blasting within the Village shall be performed according to the requirements of Wis. Adm. Code Ch. SPS 307, Explosives and Fireworks, and all subsequent amendments thereto.

Permit procedure.

Permit required. No person within the Village shall operate a rock crusher or perform blasting who does not possess a proper permit therefor from the Village.

Applications. All applications for permits hereunder shall be made in writing upon the written form provided by the Village and distributed by the Village Clerk. All applications for permits hereunder shall be signed by the applicant and filed with the Village Clerk at least sixty (60) days prior to the permit period. The Village Clerk shall immediately refer all applications for permits hereunder to the Village Engineer. The Village Clerk shall issue a permit hereunder only after first receiving the recommendation of the Village Engineer, the duly executed certified check for the permit fee as hereinafter provided and the submittal of the plan of operation, if required, as approved by the Village Engineer.

Certified check. Each application for a permit hereunder shall be accompanied by a certified check in the sum of the required permit fee as hereinafter provided, or a renewal thereof, the same to be payable to the Village.

Plan of operation. Each application for a permit to operate a rock crusher or perform blasting hereunder or renewal thereof shall be accompanied by a plan of operation which shall include methods of screening from adjacent properties, hours of operation, hours of blasting and operation of rock crusher, dust and noise control, blasting procedures, location and height of stockpiles, whether a rock crusher will be needed and how often, water supply, drainage course, maximum depth, legal description of property in question and other information the Village Engineer deems pertinent to the proposed operation. Such plan of operation shall be approved by the Village Engineer.

Certificate of insurance. Each application for a blasting permit shall be accompanied by a certificate of insurance identifying the Village of Belleville as a party insured in the amount of $500,000 for damage to property and $500,000 for injury to one person and $1,000,000 for injury to more than one person caused by the blasting.

Renewal of permit. All requests for renewals of permits hereunder shall be made at least sixty (60) days prior to the expiration date of the permit and must comply with all requirements of Section 9.26(2) above.

Blasting procedures and controls.

Energy ratio. The allowable vibration of any blast at the nearest occupied or used building off the subject premises shall not exceed an energy ratio of 0.5 or resultant particle velocity of 1.35 inches per second based on the following formula:

Energy ratio = 0.5 = 10.823 f² A² where f = frequency in cycles per second and A = amplitude or displacement in inches

Energy ratio = 0.274 V² (V = resultant particle velocity expressed in inches per second)

Measurement of blasts. The operator of the quarry operation, when requested to do so by the Village Engineer, shall measure and submit data to substantiate compliance with the above formula, and the operator of the quarry operation, when requested to do so by the Village Engineer, shall measure air blast. This verification shall be performed by a seismological engineering firm acceptable to the Village or by the Village Engineer. Instrumentation shall be by seismograph similar to VME Seismolog Model "B" and approved seismograph sound-measuring equipment or approved equivalents. All expenses for these tests shall be paid by the quarry operator.

Blasting log. A log in duplicate shall be kept of each blast on forms similar to the one on file with the Village Clerk. The original copy of this blasting log shall be filed with the Village Clerk within forty-eight (48) hours after the blast, and a copy shall be kept on file at the quarry office.

Cover material. Operators of quarries for building and/or ornamental stone removal shall cover Primacord,® other detonating cord or surface-laid blasting devices with at least one (1) foot of dirt or other suitable cover material.

Permit fee; expiration of permit. The permit fee for any permit issued pursuant to this ordinance shall be as set forth below. No permit fee shall be prorated. All permits issued hereunder shall expire on December 31st following the date of issue.

Quarries using blasting to supply building and/or ornamental stone: per the Village Fee Schedule.

Gravel crushing operations using portable or fixed crushing equipment less than thirty (30) days per year: per the Village Fee Schedule.

Violations and penalties. Any person who shall violate any of the provisions of this ordinance shall be subject to a penalty as provided in Section 1.08 of this Code. However, upon conviction for the violation of any of the provisions of this ordinance by the holder of a permit issued hereunder, and in addition to the forfeiture provided, such permit shall thereupon be cancelled, revoked, rescinded and terminated.